Privacy

We appreciate your interest in our company. Privacy has a particularly high priority for the management of smartblue AG. In principle, the smartblue AG website can be used without providing any personal data. However, the processing of personal data may be necessary if a data subject would like to make use of certain services that our company offers via our website. If the processing of personal data is required and no legal basis exists for such processing, we generally obtain the consent of the data subject.

The processing of personal data such as the data subject’s name, address, email address and telephone number is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific privacy provisions that apply to smartblue AG. Our company wishes to use this privacy policy to inform the public of the type, scope and purpose of the personal data that we collect, use and process. In addition, this privacy policy provides data subjects with information regarding the rights available to them.

As the controller responsible for the processing, smartblue AG has implemented numerous technical and organisational measures to ensure personal data processed through this website is protected as completely as possible. However, web-based data transmissions may in principle have security gaps, which means absolute protection cannot be guaranteed. For this reason, every data subject is entitled to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions
The privacy policy of smartblue AG is based on the terms used by the European legislative and regulatory body for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be readily legible and comprehensible for the general public as well as for our customers and business partners. To ensure this, we would like to first explain the terminology used.

We use, among others, the following terms in this privacy policy:

a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting its processing in future.

e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing
The controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor
Process means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent
Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller responsible for the processing
The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

smartblue AG

Kistlerhofstrasse 75

81379 Munich

Germany

Tel.: +49 89 41 61 72 41-0

E-Mail: info@smartblue.de

Website: www.smartblue.de

3. Cookies
The smartblue AG website uses cookies. Cookies are text files that are stored and saved on a computer system by a web browser.

Many websites and servers use cookies. Many cookies contain what is known as a ‘cookie ID’. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific web browser where the cookie was stored. This makes it possible for the websites and servers that you visit to distinguish your specific browser from other web browsers containing other cookies. A specific web browser can be recognised and identified based on the unique cookie ID.

By using cookies, smartblue AG can provide the users of this website with more user-friendly services that would not be possible without setting cookies.

By means of a cookie, the information and offers on our website can be optimised to the user’s advantage. As previously mentioned, cookies allow us to recognise our website users. The purpose of this recognition is to make it easier for users to utilise our website. A user of a website that uses cookies does not have to enter access data each time the website is accessed, because this is taken care of by the website and the cookie stored on the user’s computer system. A cookie associated with a shopping cart in an online shop is another example. The online shop remembers the articles that a customer has placed in the virtual shopping basket via a cookie.

The data subject can prevent cookies from being set by our website at any time by changing a corresponding setting in the web browser being used and thereby permanently prevent the setting of cookies. Furthermore, cookies that have already been set may be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject deactivates the setting of cookies in the web browser they are using, not all functions of our website may be usable to their full extent.

4. Collection of general data and information
The smartblue AG website collects a series of general data and information each time a data subject or automated system accesses the website. This general data and information are stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (known as ‘referrers’), (4) the sub-websites via which an accessing system is directed to our website, (5) the date and time the website is accessed, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

smartblue AG does not draw any conclusions about the data subject when using this general data and information. Rather, this information is required to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisements, (3) ensure the long-term functionality of our information technology systems and website technology and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. This anonymously collected data and information are therefore evaluated by smartblue AG for statistical purposes as well as with the aim of increasing data protection and data security in our company and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately to all personal data provided by a data subject.

5. Subscribing to our newsletter
If you would like to receive the newsletter we offer our website, we require that you provide us with an email address as well as information that allows us to verify that you are the owner of the provided email address and consent to receiving the newsletter.

We use the ‘double opt-in process’ for subscribing to our newsletter to ensure that its sending its mutually agreed. The potential recipient can be included in a mailing list after this process. A confirmation email then gives the user the opportunity to confirm their registration in a legally secure manner. The address is only actively included in the mailing list when the confirmation is provided.

We only use this data for sending the requested information and offers.

The Newsletter2Go software is used as the software for the newsletter. Your data is transmitted to Newsletter2Go in the process. Newsletter2Go is prohibited from selling your data or using it for other purposes than sending newsletters. Newsletter2Go is a certified German provider that was selected based on the requirements of the General Data Protection Regulation and the German Federal Data Protection Act (Bundesdatenschutzgesetz).

Further information is available here: https://www.newsletter2go.de/informationen-newsletter-empfaenger/

You can withdraw the consent you have provided to store the data and email address as well as to use it to send the newsletter at any time, for example via the ‘Unsubscribe’ link in the newsletter.

The data protection measures are subject to ongoing technical updates; for this reason, we kindly ask that you review our privacy policy at regular intervals to obtain information on our data protection measures.

6. Newsletter tracking
The smartblue AG newsletters contain ‘tracking pixels’. A tracking pixel is a miniature graphic that is embedded in emails sent in HTML format in order to enable recording and analysis of log files. This makes it possible to conduct a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixels, smartblue AG can identify whether and when an email was opened by a data subject and which links found in the email were opened by the data subject.

The personal data that is collected via the tracking pixels in the newsletters is stored and evaluated by the controller responsible for the processing in order to optimise the dispatch of newsletters and even better adapt the content of future newsletters to the data subject. This personal data is not passed on to third parties. Data subjects are entitled to cancel this consent which has been provided via the double opt-in process for this purpose at any time. Following cancellation, this personal data is erased by the controller responsible for the processing. smartblue AG automatically considers unsubscribing from the newsletter as cancellation.

7. Contact option via the website
Due to legal provisions, the smartblue AG website contains information that enables quick contact with our company via electronic means, as well as direct communication with us, which also includes a general ‘electronic mail’ address (email address). If a data subject contacts the controller responsible for the processing by email or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller responsible for the processing is stored for the purpose of processing or contacting the data subject. This personal data is not transferred to third parties.

8. Routine erasure and blocking of personal data
The controller responsible for the processing processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislative and regulatory body or other legislators in laws or regulations to which the controller is subject.

If the purpose of storage is eliminated, or if a storage period prescribed by the European legislative and regulatory body or another competent legislator expires, the personal data is routinely blocked or erased in accordance with legal requirements.

9. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislative and regulatory body to obtain confirmation from the controller responsible for the processing as to whether or not personal data concerning him or her is being processed. If a data subject wishes to avail himself or herself of this right of confirmation, he or she may, at any time, contact an employee of the controller responsible for the processing.

b) Right of access
Each data subject affected by the processing of personal data shall have the right granted by the European legislative and regulatory body to obtain free information from the controller responsible for the processing regarding his or her stored personal data at any time as well as a copy of this information. Furthermore, the European legislative and regulatory body must grant the data subject access to the following information:

The purposes of the processing
The categories of personal data that are being processed
The recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or at international organisations
Where possible, the expected period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
The existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject or to object to such processing
The existence of a right to lodge a complaint with a supervisory authority
If the personal data was not collected from the data subject: Any available information regarding its source
The existence of automated decision-making, including profiling as per Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information regarding the involved logic as well as the significance and consequences that such processing is expected to have for the data subject
In addition, the data subject shall have a right to obtain information as to whether personal data is transferred to a third country or to an international organisation. Where this is the case, the data subject shall also have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself or herself of this right of access, he or she may, at any time, contact an employee of the controller responsible for the processing.

c) Right of rectification
Each data subject affected by the processing of personal data shall have the right granted by the European legislative and regulatory body to have inaccurate personal data concerning him or her corrected without delay. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of a supplementary statement.

If a data subject wishes to avail himself or herself of this right of rectification, he or she may, at any time, contact an employee of the controller responsible for the processing.

d) Right of erasure (right to be forgotten)
Each data subject affected by the processing of personal data shall have the right granted by the European legislative and regulatory body to have the controller erase the personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

The personal data is no longer required in relation to the purposes for which it was collected or otherwise processed.
The data subject withdraws their consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data was unlawfully processed.
The erasure of the personal data is required for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data was collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by smartblue AG, he or she may contact an employee of the controller responsible for the processing at any time. The smartblue AG employee will ensure that the request for erasure is complied with immediately.

If smartblue AG has made personal data public and our company is obliged pursuant to Article 17(1) to erase the personal data in its role as controller, taking account of available technology and the cost of implementation, smartblue AG shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, such personal data, as far as processing is not required. The smartblue AG employee will arrange the necessary measures required for the individual case.

e) Right of restriction of processing
Each data subject affected by the processing of personal data shall have the right granted by the European legislative and regulatory body to have the controller restrict processing where one of the following conditions applies:

The data subject contests the accuracy of the personal data; the restriction of processing will apply for a period that enables the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests that its use is restricted instead.
The controller no longer requires the personal data for the purposes of the processing, but it is required by the data subject for establishing, exercising or defending legal claims.
The data subject has objected to processing pursuant to Article 21(1) of the GDPR and it has yet to be determined whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions applies, and a data subject wishes to request the restriction of personal data stored by smartblue AG, he or she may contact an employee of the controller responsible for the processing at any time. The smartblue AG employee will arrange the restriction of processing.

f) Right to data portability
Each data subject affected by the processing of personal data shall have the right granted by the European legislative and regulatory body to receive the personal data concerning him or her, which was provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority assigned to the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and provided that doing so does not adversely affect the rights and freedoms of others.

The data subject may contact an employee of smartblue AG at any time to exercise their right of data portability.

g) Right to object
Each data subject affected by the processing of personal data shall have the right granted by the European legislative and regulatory body to object, on grounds relating to his or her particular situation, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR at any time. This also applies to profiling based on these provisions.

In the event of an objection, smartblue AG shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing supports the establishment, exercise or defence of legal claims.

If smartblue AG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of his or her personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the processing by smartblue AG for direct marketing purposes, smartblue AG will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by smartblue AG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

The data subject can contact any employee of smartblue AG or another employee directly at any time to exercise their right to object. Furthermore, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means involving the use of technical specifications.

h) Automated individual decision-making, including profiling
Each data subject affected by the processing of personal data shall have the right granted by the European legislative and regulatory body to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests or (3) is not carried out on the basis of the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, smartblue AG shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at a minimum the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If a data subject wishes to avail himself or herself of rights relating to automated decision-making, he or she may, at any time, contact an employee of the controller responsible for the processing.

i) Right to withdraw data protection consent
Each data subject affected by the processing of personal data shall have the right granted by the European legislative and regulatory body to withdraw their consent to the processing of personal data at any time.

If a data subject wishes to avail himself or herself of the right to withdraw consent, he or she may, at any time, contact an employee of the controller responsible for the processing.

10. Privacy for applications and during the application process
The controller responsible for the processing collects and processes the personal data of applicants for the purposes of carrying out the application process. This processing may also take place via electronic means. This is particularly the case if an applicant sends the controller responsible for the processing corresponding application documentation via electronic means, for example by email or via a contact form on the website. If the controller responsible for the processing enters into an employment contract with an applicant, the provided data shall be processed and stored for the purpose of entering into an employment relationship in compliance with applicable laws. If the controller responsible for the processing does not enter into an employment contract with the applicant, the supporting documentation will be automatically erased two months after having informed such applicant of our decision to refrain from making an offer of employment, provided that such erasure does not conflict with any other legitimate interests of the controller responsible for the processing. In this context, other legitimate interests could include, for example, the burden of proof during litigation under Germany’s General Act on Equal Treatment (Allgemeines Gleichbehandlungsgesetz, AGG).

11. Privacy provisions relating to the application and use of Google Analytics (with anonymisation function)
The controller responsible for the processing has integrated the Google Analytics (with anonymisation function) component in this website. Google Analytics is a web analytics service. Web analytics is the acquisition, collection and evaluation of data regarding the behaviour of visitors of websites. A web analytics service collects data, for example regarding the website from which a data subject accesses a website (known as ‘referrers’), which sub-websites of the website are accessed or how often and for how long a sub-website is visited. Web analytics are primarily employed to optimise a website and to conduct cost/benefit analyses of Internet advertising.

The operating company of Google Analytics is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

In addition to Google Analytics, the controller responsible for the processing uses the add-on ‘_gat._anonymizeIp’ for web analytics. The IP address of the Internet connection of the data subject is abbreviated and anonymised by Google by means of this add-on when our website is accessed from a Member State of the European Union or another country which is a signatory to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse visitor traffic on our website. Among other things, Google uses the acquired data and information to evaluate the use of our website in order to compile online reports for us that outline the activities on our website and to provide other services relating to the use of our website.

Google Analytics sets a cookie on the data subject’s information technology system. Cookies have been explained above. Setting this cookie enables Google to analyse the use of our website. Each time the individual web pages of this website – which is operated by the controller responsible for the processing and on which a Google Analytics component is integrated – are accessed, the respective Google Analytics component automatically causes the web browser on the information technology system of the data subject to transmit data for the purposes of the online analysis to Google. In the course of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which helps Google to track where the user came from and their clicks and subsequently create commission invoices, among other purposes.

The cookie is used to store personal information, such as the time of access, the location from which the website was accessed and the frequency of the visits to our website by the data subject. This personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America during each visit to our website. This personal data is stored by Google in the United States of America. In certain cases, Google may pass this data which is collected via the technical process on to third parties.

The data subject can prevent cookies from being set by our website, as already described above, at any time by changing a corresponding setting in the web browser being used and thereby permanently deny the setting of cookies. Changing a setting of this type in the web browser would also prevent Google from setting a cookie on the data subject’s information technology system. In addition, a cookie that has already been set by Google Analytics can be deleted at any time via the web browser or other software programs.

There is also the option to disable the setting of cookies by clicking the following link:
Click here to disable Google Analytics!

The data subject also has the option to deny and prevent the recording of the data produced by Google Analytics relating to the use of the website as well as the processing of this data by Google. For this purpose, the data subject must download and install a browser add-on via the following link: https://tools.google.com/dlpage/gaoptout. This browser add-on uses JavaScript to tell Google that no data or information regarding visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is understood as an objection by Google. If the data subject’s information technology system is deleted, formatted or reinstalled at a later point, the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or disabled by the data subject or another person to whom the data subject has extended their authority, the browser add-on can be reinstalled or enabled again.

Further information and Google’s applicable privacy provisions can be accessed at https://policies.google.com/privacy and at https://marketingplatform.google.com/about/analytics/terms/gb/. Google Analytics is explained in further details at the following link: https://www.google.com/intl/de_de/analytics/.

12. Privacy provisions regarding the application and use of Google Remarketing
The controller responsible for the processing has integrated Google Remarketing services in this website. Google Remarketing is a Google AdWords feature that enables a company to display advertisements to Internet users who have previously visited the company’s website. The integration of Google Remarketing therefore allows a company to create user-related advertisements and consequently to display advertisements of interest to the Internet user.

The operating company of the Google Remarketing services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google Remarketing is to display interest-relevant advertising. Google Remarketing enables us to display advertisements via the Google advertising network or on other websites that are tailored to the individual needs and interests of Internet users.

Google Remarketing sets a cookie on the information technology system of the data subject. Cookies have been explained above. By setting the cookie, Google is able to recognise visitors to our website who subsequently visit websites that are also members of the Google advertising network. Each time a website is visited on which the Google Remarketing service has been integrated, the Internet browser of the data subject automatically identifies itself to Google. As part of this technical process, Google obtains knowledge of personal data such as the IP address or surfing behaviour of the user, which Google uses, among other things, to display advertisements of interest.

The cookie is used to store personal information, such as the websites visited by the data subject. Personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America accordingly during each visit to our website. This personal data is stored by Google in the United States of America. In certain cases, Google may pass this data which is collected via the technical process on to third parties.

The data subject can prevent cookies from being set by our website, as already described above, at any time by changing a corresponding setting in the web browser being used and thereby permanently deny the setting of cookies. Changing a setting of this type in the web browser would also prevent Google from setting a cookie on the data subject’s information technology system. In addition, a cookie that has already been set by Google Analytics can be deleted at any time via the web browser or other software programs.

In addition, the data subject has the opportunity to deny interest-based advertising by Google. To do this, the data subject must open the link https://adssettings.google.com/authenticated?hl=en in each of the web browsers they use and make the desired settings there.

Further information and Google’s applicable privacy policy can be accessed at https://policies.google.com/privacy.

13. Privacy provisions regarding the application and use of Google AdWords
The controller responsible for the processing has integrated Google AdWords in this website. Google AdWords is an Internet advertising service that allows advertisers to place advertisements in Google’s search engine results as well as in the Google advertising network. Google AdWords enables an advertiser to specify predefined keywords by means of which an advertisement is only displayed in Google’s search engine hits when the user uses the search engine to retrieve a search result that is relevant to the keyword. The advertisements are distributed on topic-relevant websites in the Google advertising network by means of an automatic algorithm and taking into consideration the predefined keywords.

The operating company of the Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertisements on the websites of third parties and in the search engine results of the Google search engine as well as to display third-party advertising on our website.

If a data subject accesses our website via a Google advertisement, Google places a ‘conversion cookie’ on the information technology system of the data subject. Cookies have been explained above. A conversion cookie becomes invalid after thirty days and is not used to identify the data subject. Provided it has not expired, the conversion cookie is used to track whether certain sub-websites, such as the shopping basket in an online shop system, have been accessed on our website. The conversion cookie enables both us and Google to trace whether a data subject who accessed our website via an AdWords advertisement generated a sale; i.e., whether they completed or cancelled the purchase of goods.

The data and information collected through the use of the conversion cookie are used by Google to create visitor statistics for our website. These visitor statistics are used by us in turn to determine the total number of users who are directed to our website via AdWords advertisements; in other words, this enables us to determine the success or failure of the respective AdWords advertisement and optimise our AdWords advertisements for the future. Neither our company nor other advertising customers of Google AdWords obtain information from Google which could be used to identify the data subject.

The conversion cookie is used to store personal information, such as the websites visited by the data subject. Personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America accordingly during each visit to our website. This personal data is stored by Google in the United States of America. In certain cases, Google may pass this data which is collected via the technical process on to third parties.

The data subject can prevent cookies from being set by our website, as already described above, at any time by changing a corresponding setting in the web browser being used and thereby permanently prevent the setting of cookies. Changing a setting of this type in the web browser would also prevent Google from setting a conversion cookie on the data subject’s information technology system. In addition, a cookie that has already been set by Google AdWords can be deleted at any time via the web browser or other software programs.

In addition, the data subject has the opportunity to deny interest-based advertising by Google. To do this, the data subject must open the link https://adssettings.google.com/authenticated?hl=en in each of the web browsers they use and make the desired settings there.

Further information and Google’s applicable privacy policy can be accessed at https://policies.google.com/privacy.

14. Privacy provisions regarding the application and use of LinkedIn
The controller responsible for the processing has integrated components from the LinkedIn Corporation in this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and make new business contacts. Over 400 million registered individuals in more than 200 countries use LinkedIn. This means that LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible for privacy matters outside of the USA.

Each time our website, which is equipped with a LinkedIn component (LinkedIn plug-in), is accessed, this component prompts the browser used by the data subject to download a corresponding representation of the LinkedIn component. Further information regarding the LinkedIn plug-ins can be downloaded at https://developer.linkedin.com/plugins. In the course of this technical process, LinkedIn obtains information regarding the specific sub-website of our website that is visited by the data subject.

If the data subject is also logged in to LinkedIn at the same time, LinkedIn detects the specific sub-website that the data subject visits each time they access our website and throughout the entirety of their respective visit to our website. This information is collected by the LinkedIn components and assigned by LinkedIn to the respective LinkedIn account of the data subject. If the data subject clicks a LinkedIn button integrated in our website, LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores this personal data.

As a result, LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the data subject is also logged in to LinkedIn when they access our website; this occurs regardless of whether the data subject clicks the LinkedIn component or not. If the data subject does not wish this information to be transmitted to LinkedIn in this manner, they can prevent the transfer of the information by logging out of their LinkedIn account before accessing our website.

LinkedIn offers the option of turning off email notifications, text messages and targeted advertising as well as managing advertising settings at https://www.linkedin.com/psettings/guest-controls. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame, who may set cookies. These cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. The applicable privacy provisions of LinkedIn can be accessed at https://www.linkedin.com/legal/privacy-policy. The LinkedIn cookie policy can be accessed at https://www.linkedin.com/legal/cookie-policy.

15. Privacy provisions regarding the application and use of Shariff
The controller responsible for the processing has integrated the Shariff component in this website. The Shariff component makes available social media buttons that comply with data protection regulations. Shariff was developed for German computer magazine c’t and is published by GitHub, Inc.

The component is developed by GitHub, Inc. 88 Colin P. Kelly Junior Street, San Francisco, CA 94107, USA.

The button solutions provided by the social networks typically already transfer personal data to the respective social network when a user visits a website in which a social media button is integrated. When the Shariff component is used, personal data is only sent to social networks when a visitor to a website actively clicks one of the social media buttons. Further information regarding the Shariff component is made available by c’t computer magazine at http://www.heise.de/newsticker/meldung/Datenschutz-und-Social-Media-Der-c-t-Shariff-ist-im-Einsatz-2470103.html (in German). The purpose of using the Shariff component is to protect the personal data of visitors to our website while also allowing us to integrate a button solution for social networks on this website.

Further information and GitHub’s applicable privacy provisions can be accessed at https://help.github.com/articles/github-privacy-policy/.

16. Privacy provisions regarding the application and use of Xing
The controller responsible for the processing has integrated Xing components in this website. Xing is a web-based social network that enables users with existing business contacts to connect and make new business contacts. The individual users can create a personal profile for themselves with Xing. Companies can, for example, create company profiles or publish job openings on Xing.

The operating company of Xing is XING SE, Dammtorstrasse 30, 20354 Hamburg, Germany.

Each time the individual web pages of this website – which is operated by the controller responsible for the processing and on which a Xing component (Xing plug-in) is integrated – are accessed, the respective Xing component automatically causes the web browser on the information technology system of the data subject to download a representation of the corresponding Xing component from Xing. Further information regarding the Xing plug-ins can be downloaded at https://dev.xing.com/plugins. In the course of this technical process, Xing obtains information regarding the specific sub-website of our website that is visited by the data subject.

If the data subject is also logged in to Xing at the same time, Xing detects the specific sub-website that the data subject visits each time they access our website and throughout the entirety of their respective visit to our website. This information is collected by the Xing component and assigned by Xing to the respective Xing account of the data subject. If the data subject clicks one of the Xing buttons integrated in our website, e.g. The ‘Share’ button, Xing assigns this information to the personal Xing user account of the data subject and stores this personal data.

As a result, Xing always receives information via the Xing component that the data subject has visited our website if the data subject is also logged in to Xing when they access our website; this occurs regardless of whether the data subject clicks the Xing component or not. If the data subject does not wish this information to be transmitted to Xing in this manner, they can prevent the transfer of the information by logging out of their Xing account before accessing our website.

The privacy provisions published by Xing, which can be accessed at https://www.xing.com/privacy, provide information regarding the collection, processing and use of personal data by Xing. Xing has also published privacy notices for the Xing Share button at https://www.xing.com/app/share?op=data_protection.

17. Privacy provisions regarding the application and use of YouTube
The controller responsible for the processing has integrated YouTube components in this website. YouTube is an Internet video portal that allows video publishers to post video clips for free and enables other users to view, rate and comment on these videos, likewise free of charge. YouTube permits the publication of any type of video, which means complete films and TV programmes as well as music videos, trailers and videos made by users themselves can be accessed via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Each time the individual web pages of this website – which is operated by the controller responsible for the processing and on which a YouTube component (YouTube video) is integrated – are accessed, the respective YouTube component automatically causes the web browser on the information technology system of the data subject to download a representation of the corresponding YouTube component from YouTube. Further information regarding YouTube can be accessed at https://www.youtube.com/about/. In the course of this technical process, YouTube and Google obtain information regarding the specific sub-website of our website that is visited by the data subject.

If the data subject is also logged in to YouTube at the same time, YouTube detects the specific sub-website of our website that the data subject visits when they access a sub-website containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

As a result, YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is also logged in to YouTube when they access our website; this occurs regardless of whether the data subject clicks a YouTube video or not. If the data subject does not wish this information to be transmitted to YouTube and Google in this manner, they can prevent the transfer of the information by logging out of their YouTube account before accessing our website.

The privacy provisions published by YouTube, which can be accessed at https://policies.google.com/privacy, provide information regarding the collection, processing and use of personal data by YouTube and Google.

18. Legal basis for the processing
Art. 6(1) lit. a GDPR provides our company with the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service or service in return, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of enquiries regarding our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured at our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis applies for processing operations which are not covered by any of the legal grounds mentioned above, if processing is necessary to preserve the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are permitted such processing operations in particular because they have been specifically mentioned by the European legislator. This legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

19. Legitimate interests in the processing pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR, our legitimate interest is to carry out our business to the benefit of the well-being of all our employees and our shareholders.

20. Period for which the personal data will be stored
The criterion used to determine the period of storage of personal data is the respective statutory retention period. Once this period has expired, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

21. Provision of personal data as statutory or contractual requirement; requirement necessary to enter into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We wish to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
In some cases, it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The failure to provide the personal data would have the consequence that the contract with the data subject could not be concluded.
The data subject must contact one of our employees before personal data is provided by the data subject. Depending on the individual case, the employee will tell the data subject whether the provision of the personal data is required by law or for contractual reasons or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of failure to provide the personal data.

22. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.

This privacy policy was generated by the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH (German Association for Data Protection), which acts as an external data protection supervisor for Duisburg in cooperation with Christian Solmecke, a lawyer specialising in IT and data protection based in Cologne.

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