The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union (EU) and other data protection provisions is:
IndustryArena GmbH, Katzbergstraße 3, 40764 Langenfeld, Deutschland
+49 2173 89 33 2 00
info@industryarena.com
www.industryarena.com
2. Data Protection Officer
You may reach our data protection officer under dataprotection@industryarena.com.
3. Definitions
3.1 “Personal data” means any information relating to an identified or identifiable natural person (‘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.
3.2 “Special categories of personal data“ means data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
3.3 Besides that, the (further) definitions of Art. 4 GDPR shall apply.
4. Cookies
The operator of the website or the software installed on the server is using cookies. Cookies are data stored on the computer system of the user by the internet browser. The cookies can be transferred to a site when a site is accessed and thereby allow for the user to be identified. Cookies help to facilitate the use of websites for the users by allowing for extended functionalities (e.g. entering of password dispensable). Cookies merely save your login information and, usually, cannot cause any harm to your computer. You may define the storage period for your cookie in the browser settings and delete cookies from your computer yourself at any time. Cookies are a technical necessity in order to verify you as a registered user. We therefore point out that if cookies are deactivated, it might not be possible to use all functions of our website to the full extent.
5. Server Log Data (Log Files)
For technical reasons, the operator of this website automatically stores and collects server log data (log files) that are transmitted by your browser. We will not allocate the data stored by the server to any natural persons. The following data may be collected in this respect:
- Information on the browser type and the version used
- The operating system of the user
- The internet service provider of the user
- The IP address of the user
- Date and time of access
- Websites from which the user’s system reached our website (referrers)
- Websites that are accessed by the user’s system via our website
The processing of the data serves to deliver the contents of our website, to guarantee functionality of our information technology systems and to optimize our website. In doing so, the data of the log files are always stored separately from other personal data of the user.
Please understand that the log files are absolutely necessary for the security and protection of this website.
6. Registration on our Website and User Data
6.1 For technical reasons, the software on our website stores all information that you transmit to us via forms. In particular, but not exclusively, this concerns links, postings and comments in the forum and in the blogs, nicknames, email addresses, passwords and other information and contents that you knowingly and willingly transmit. Passwords will be saved in coded form and will neither be accessible for us nor for third parties, unless by abusive or unlawful acts.
6.2 The complete and active use of the forum requires a registration free of charge. In order to register as a “personal member” (see lit. 3 of the IndustryArena Rules), it is mandatory to provide the following personal data:
- Salutation,
- First name,
- Surname,
- User name or member name,
- Email address,
- Password,
- Date of birth,
- Cell phone number,
- Postal code and
- Location.
This information serves to personify, identify and verify (correct salutation and protection from misuse), activate portal functions, allow for occasionrelated contacting as well as statistical surveys in order for us to be able to optimize our online offer accordingly. The processing of these registration data is required to safeguard our legitimate interests and to enable us to provide our offers and services.
The following information may be provided voluntarily upon registration:
- Type of employment,
- Job or professional title,
- Field of activity in the company,
- Industry assignment,
- Upload of an own user profile photo,
- Selection of topic channels and
- Sending of newsletter (Opt-in).
This information serves as a statistical survey in order to optimize the online offer and provide useroptimized contents, as well as, optionally, to be published in the user profile after active enabling by the user or the personal member.
Sensitive personal data will neither be collected nor otherwise processed.
In the case of a registration as a “corporate member”, the relevant company data will be processed.
6.3 Subsequently, the user name/nickname you chose, your email address, your passwords and your postings in the forum will be transmitted to our cooperation partner IndustryArena LLC, who operates the CNCzone portal and will process the data accordingly in the USA. This is not only to safeguard your legitimate interests, but also ours. The purpose is to exclusively reserve the use of a user name/nickname on both portals for you personally once you have chosen it, and to prevent misuse (inadmissible multiple personal memberships).
6.4 Your registration data will be solely stored on servers within the EU, apart from their transmission to our cooperation partner IndustryArena LLC and their processing of the data. The servers on which the databases are operated are operated by services providers on behalf of and following strict instructions of the controller.
6.5 With regard to the transmission of the aforementioned data to our cooperation partner IndustryArena LLC and their processing of such data in the USA, we point out that the level of data protection there is not comparable to the level of data protection in the EU (no adequate level of data protection). In particular, there are extensive sovereign access rights for different purposes. However, we have ensured a comparable level of data protection by contractual regulations (EU standard data protection clauses).
6.6 The data you provided in the course of the registration are also required in order to be able to contact you upon a respective request or another occasion. Moreover, in particular the information regarding your professional function and role allow us to obtain an overview on our member structure. As a result, we are able to control our information and promotional offers towards you and our partners based on interests.
6.7 Advertising
During registration or creation of a user account, you have the opportunity to sign up for postal or electronic promotional offers. This is done on the basis of your express and voluntary consent. This consent can be withdrawn at any time with effect for the future without indicating any reason. You may address the withdrawal of consent to us via the ticket system.
6.8 The registration is made by a so called double-opt-in procedure in order to protect from misuse or confusion: A confirmation link will be sent to the email address indicated. The registration will only be completed after this link has been activated.
6.9 Users have the option at any time to have the stored data erased, changed or corrected. Users will obtain information on their stored personal data at any time. In the member account, you may change settings (profile settings and default settings) as to if and, as the case may be, which personal data may be accessed via the portal. The default setting is “non-public”.
7. Data Transfer to Third Parties
7.1 As a matter of principle, the following applies: Personal user data will not be transferred, sold or otherwise made accessible to third parties, against payment or without payment, in any case.
7.2 Exceptions will only be made
- if there is a legal obligation in this respect,
- with regard to our cooperation partner IndustryArena LLC, USA, and
- in the context of a product request made by a user to machine manufacturers with regard to name, professional title, company name and contact data (vCard) after express declaration of consent.
7.3 In the case of a misuse of our offers, attacks or a publication of illegal content, we will only hand over or transfer the data transmitted if required to do so by court order.
8. Data Security on the Internet
We point out that when data are transmitted on the internet (e.g. by email communication), there may be security gaps. Full protection of the data from third party access is not possible. However, we assure you that we use all reasonable measures that are available to us to defend against such criminal energy.
Via our ticket system, you may contact us at any time in an easy manner. If you contact us via this system, the personal data you transfer will automatically be stored. Such storage is only made for processing purposes or to make contact with you. The data will not be transferred to third parties.
10. Comment Function in the Forum and in the Blogs
10.1 We offer our forum members the option to publish individual postings in the forum. Other forum members may comment on the postings.
10.2 In addition to a posting or commentary, information on the time of entry as well as on the profile name chosen by the forum member (pseudonym) will be stored and published. Moreover, the IP address assigned by the internet service provider (ISP) of the member will be logged. The IP address is stored for security reasons and in case the member infringes third party rights with a posting or commentary or posts unlawful content.
10.3 Therefore, these personal data are stored to safeguard our legitimate interests so that we can be exonerated from liability in the case of an infringement of rights, as the case may be. With the exception of our cooperation partner IndustryArena LLC, these personal data will not be transferred to third parties, unless such transfer is mandatory according to statutory law or serves our legal defense.
11. Newsletter
11.1 If you subscribe to newsletters of IndustryArena, the data will be transferred to us in the respective input mask. When you subscribe to the newsletter, the user’s IP address as well as date and time of registration will be stored. This is done to prevent misuse of the services or the email address of the data subject (legitimate interests). Newsletter tracking pixels are used for analyses with the aim to optimize the offer (legitimate interests). The data will exclusively be used to send the newsletter.
11.2 Declaration of Consent to Receiving Newsletters
By clicking the checkbox assigned to the respective newsletter, you consent to regularly receiving specialized information on the topics of IndustryArena by email. Moreover, you agree that we will evaluate your user conduct on our portal as well as within the newsletter we send and will allocate your email address/your profile within our database. Furthermore, we store information on the browser you are using and the settings made in your operating system as well as information on the internet connection with which you reach our website. Via the newsletter we send to you, we will receive confirmations of receipt and read confirmations, amongst others, as well as information on the links you clicked in our newsletter. In addition, we store information on the areas within our portal you have visited. By creating a personal user profile, we would like to tailor our (promotional) approach to your interests and optimize our offers on our portal for you (legitimate interests). You may withdraw your consent at any time with effect for the future. For this purpose, there is a corresponding unsubscribe link in each newsletter. The withdrawal can also be addressed to us via the ticket system.
11.3 We use the SendinBlue service to send, organise and analyse our newsletters. The service is provided by SendinBlue SAS, 55 rue d’Amsterdam, 75008 Paris, France. The data you enter to subscribe to a newsletter (e.g. e-mail address) is stored on SendinBlue’s servers.
11.4 The newsletters we send using SendinBlue allow us to analyse recipients’ behaviour. This allows us to analyse, among other information, how many recipients have opened the newsletter message what link in the newsletter is clicked and how often. All links in the e-mail are tracking links that can count the number of times you click.
11.5 If you do not wish to be analysed by SendinBlue, you will need to unsubscribe from the newsletter.
11.6 The data you register with us to subscribe to the newsletter will be stored by us until you unsubscribe from it and, after you have unsubscribed, your data will be removed from our servers as well as SendinBlue’s servers. Data stored with us for other purposes (e.g. e-mail addresses for the members area) will remain unaffected by this.
12. Use of Facebook-Plugins
12.1 We have integrated plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA, on our sites. You can recognize the Facebook plugins by the Facebook logo or the “like” button on our page. You may find an overview of the Facebook plugins here: https://developers.facebook.com/docs/plugins. The use of the Facebook plugin serves to increase our reach in the social network Facebook by gaining further "likes" (legitimate interests).
12.2 When you access our sites, a direct connection will be established between your browser and the Facebook server via the plugin. By doing so, Facebook will obtain the information that you have visited our website with your IP address. If you click the Facebook “like” button while you are logged into your Facebook account, you may link the contents of our websites to your Facebook profile. As a consequence, Facebook can allocate the visit of our websites to your user account. We point out that we as the operator of the websites do not have any knowledge of the content of the data transmitted as well as their use by Facebook. Please find more information in this respect in the privacy statement of Facebook under https://www.facebook.com/policy.php
12.3 If you do not want Facebook to allocate your visit to our websites to your Facebook user account, please log out from your Facebook user account.
13. Use of Google Analytics
13.1 This website is being analyzed using cookies via Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and allow for an analysis of your use of the website. The information generated by the cookie on the use of this website are usually transferred to a Google server in the USA and stored there. If the IP anonymization on this website is activated, however, your IP address will first be truncated by Google within the Member States of the European Union or in other countries which are signatories to the Agreement on the European Economic Area. The analysis of this website enables us to make the offer more attractive to you and to optimize our offer (legitimate interests).
13.2 Only in exceptional cases, the full IP address is transferred to a Google server in the USA and truncated there. Google will use this information on our behalf in order to evaluate the use of the website, to compile reports on the site activities and to provide further services to us associated with the use of the site and the internet. The IP address that is transferred by your browser in the context of Google Analytics will not be combined with other data of Google.
13.3 You may adjust your browser software to prevent the installation of the cookies; however, please note that in this case, you will probably not be able to use all functions of this website in full. In addition, you can avoid that the data produced by the cookies in relation to your using the website (including your IP address) are stored and processed by Google by downloading and installing the browser plugin that is available under the following link (https://tools.google.com/dlpage/gaoptout?hl=en).
14. Use of Matomo
14.1 This website uses “Matomo” (formerly “Piwik”), a web analysis service provided by InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand). Matomo uses cookies, which are saved on your computer to perform this analysis. Our website uses Matomo with the “AnonymizeIP” extension. This allows IP addresses to be processed in a truncated form, thereby avoiding any direct reference to users. The IP address submitted by your browser via Matomo is not pooled with other data we collect.
14.2 We use Matomo to analyse how our website is used and to continuously improve individual functions and offers, as well as the user experience. By conducting a statistical analysis of user behaviour, we are able to improve our offering and make it more interesting to you as a user. Herein also lies our legitimate interest in processing the aforementioned data.
14.3 You can prevent this analysis from taking place by deleting existing cookies and deactivating the storing of cookies in your browser’s settings menu. We would like to point out that should you choose to do so, it is possible that not all functions on this website will be usable to their full extent.
15. Use of Google Adsense and other Adserver Software
15.1 This website uses Google AdSense, a service for the integration of ads of Google Inc. (“Google”). Google AdSense uses so-called “Cookies”, text files that will be stored on your computer and allow for an analyses of your use of the website. Google AdSense also uses so-called web beacons (invisible graphics). With these web beacons, information such as the traffic of visitors on these websites can be analyzed.
15.2 The information on the use of this website (including your IP address) produced by cookies and web beacons and delivery of advertising formats will be transferred to a Google server in the USA and stored there. Google may pass on this information to contract partners of Google. Google states that they will not, however, combine your IP address with other of your stored data.
15.3 Moreover, Google AdSense uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in websites in order to allow for a log file recording and a log file analysis, as a result of which a statistical evaluation can be carried out. On the basis of the embedded tracking pixel, a partner of Google can see if and when a website was opened by a data subject and which links were clicked by the data subject. Amongst others, tracking pixels serve to evaluate the traffic of visitors of a website (legitimate interests).
15.4 Via Google AdSense, personal data and information, which also include the IP address and are necessary to collect and invoice the ads shown, are transmitted to a contract partner in the USA, stored and processed there. Google’s contract partner may possibly transfer these personal data collected via the technical procedure to third parties.
15.5 You can avoid the installation of the cookies by selecting the respective settings in your browser software; however, we point out that in this case, you might not be able to use all functions of this website in full.
The functioning of Google-AdSense is explained in more detail under this link https://www.google.com/intl/en/adsense/start.
15.6 Moreover, this website uses the Revive-AdServer, a service for incorporating ads. Revive-AdServer uses so-called “cookies”, text files that will be stored on your computer and that allow for an analysis of your use of the website. Revive-AdServer also uses tracking pixels. With these, information on the traffic of visitors will be collected and analysed (legitimate interests). The data on the use of this website and delivery of advertising formats produced by cookies and tracking pixels will be transferred to a server of Revive-AdServer and stored there. These information may be passed on to partners, however, they will not be combined with your IP address. You may prevent avoid that cookies are stored by selecting the appropriate settings on your browser software.
16. Use of Google Maps
16.1 On this website, we use Google Maps. This allows us to display interactive maps directly on the website and enables you to conveniently use the map function. The legal basis for the use of Google Maps is Art. 6 (1) (f) GDPR.
16.2 By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, the data mentioned under section 3 of this declaration will be transmitted. This is regardless of whether Google provides a user account that you are logged in or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such evaluation takes place in particular (even for unlogged-in users) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
16.3 For more information about the purpose and scope of data collection and its processing by the plugin provider, please refer to the provider's privacy policy. There you will also find further information about your rights in this regard and setting options for the protection of your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
17. Embedding of YouTube Videos
17.1 We have embedded YouTube videos on our website that are stored at http://www.YouTube.com and may be played directly from our website. [These are all embedded in “extended data protection mode”, i.e. no data relating to you as the user will be transferred to YouTube if you do not play the videos. Only once you play the videos, the data stated in lit. 2 will be transferred. We do not have any influence on this data transfer.] The legal basis for the embedding of YouTube videos is Art. 6 (1) (f) GDPR.
17.2 As a result of your visiting the website, YouTube will receive the information that you have visited the respective sub-page of our website. Moreover, the data stated in lit. 3 of this statement will be transferred. This is irrespective of whether YouTube provides a user account with which you are logged-in or whether there is no user account. If you are logged into Google, your data will be directly allocated to your account. If you do not wish to be allocated with your YouTube profile, you have to logout before you activate the button. YouTube stores your data as user profiles and uses them for marketing purposes, market research and/or the tailored design of their website. In particular, such an analysis is carried out (even for users who are not logged-in) in order to provide tailored advertising and in order to inform other users of the social networks about your activities on our website. You have the right to object to the creation of these user profiles; please contact YouTube in order to exercise this right.
17.3 Please find more information on the purpose and extent of the data collection and their processing by YouTube in the YouTube (Google) privacy statement. You may also receive additional information there on your rights and options to adjust settings to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has subjected to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework
18. Use of Google reCAPTCHA
To protect our forms from misuse and to prevent spam, we use the Google reCAPTCHA service. This service is provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). reCAPTCHA checks whether the data entered on our website is by a human or an automated program. For this purpose, reCAPTCHA analyzes user behavior based on various characteristics (e.g., IP address, time spent on the website, mouse movements). The data collected during the analysis is transmitted to Google. For more information, please refer to Google’s Privacy Policy (https://policies.google.com/privacy?hl=en) and Google’s Terms of Service (https://policies.google.com/terms?hl=en).
19.1 Functions of the X service are integrated into our websites. These functions are offered by X Corp. The use of these functions serves to increase our reach in the X services (legitimate interests).
19.2 Further contact
If you live in the United States or any other country outside of the European Union, EFTA States, or the United Kingdom, the data controller responsible for your personal data is X Corp., with an address of:
X Corp.
Attn: Privacy Policy Inquiry
1355 Market Street, Suite 900
San Francisco, CA 94103
If you live in the European Union, EFTA States, or the United Kingdom, the data controller is Twitter International Unlimited Company, with an address of:
Twitter International Unlimited Company
Attn: Data Protection Officer
One Cumberland Place, Fenian Street
Dublin 2, D02 AX07 IRELAND
19.3 If you visit our website which contains such a plugin, a direct connection will be established between your browser and the X server. By doing so, X will receive the information that you visited our website with your IP address. If you press the X button while you are logged into your X account, you may link the contents of our website to your X profile. As a result, X can allocate the visit of our websites to your user account. We point out that we as the provider of the websites do not have any knowledge on the content of the data that are transmitted as well as their use by X.
19.4 If you do not want X to allocate the visit to our websites, please log out of your X user account.
19.5 Please find more information in this respect in the X privacy statement under https://x.com/en/privacy.
You may change your X privacy settings in the account settings under https://x.com/account/settings.
20. Use of Stopforumspam
20.1 To prevent abuse (e.g. spam) or to safeguard our legitimate interest, the following personal data, which you enter when filling in contact and comment forms, is transferred to the US-based www.stopforumspam.com service, where it is also stored: the user’s IP address, stated name and stated e-mail address.
20.2 For more information about how the Stopforumspam processes data, please visit https://www.stopforumspam.com/faq.
21. Using Enhanced Services to Identify B2B Activities
Analysis by LeadRebel:
We analyze our visitor data with the help of an external service provider.
For this purpose, we pass on the data obtained from the use of IP research to Pulserio AG, Wassergrabe 3, 6210 Sursee, Switzerland, https://leadrebel.io/ .
Categories of data subjects are website visitors and users of our web services.
The processing occurs only for the purpose of collecting company based information such as company name, for example. IP addresses of natural persons are excluded from any further processing by means of a whitelist. An IP address is not stored in LeadLab under any circumstances.
While processing data, it is our outmost interest to protect the rights of natural persons. Our interest in processing data is based on Article 6(1)(f) GDPR. At no time is it possible to draw conclusions from the collected data on an identifiable person.
LeadRebel uses this information to create anonymized usage profiles of the visit behavior on our website. Data obtained during this process is not used to personally identify visitors of our website.
[OPT-OUT:] Exclude from tracking
(A functionally necessary cookie will be set to permanently ensure no tracking by LeadRebel occurs on this website)
22. Erasure and Blocking of Personal Data
22.1 We process and store personal data of the data subject only as long as this is required to achieve the purpose for storing. There may be storing beyond this if this was intended by the European or national legislator in Union law regulations, laws or other rules the controller has to abide by.
22.2 As soon as the purpose of storing lapses or a storage period required by the aforementioned rules expires, the personal data will be routinely blocked or erased.
23. Rights of the User (Data Subject)
If your personal data are being processed, you are a data subject within the meaning of the GDPR. You are entitled to the following rights vis-à-vis us as the controller:
23.1 Right to Information
23.1.1 You may request from us a confirmation as to whether we process your personal data. If there is such processing, you may request information from the controller on the following:
- the purposes for which the personal data are being processed;
- the categories of personal data that are being processed;
- the recipient or the categories of recipients to whom your personal data were disclosed or will yet be disclosed, if any;
- the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
- the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;
- the right to lodge a complaint with a supervisory authority;
- all available information on the source from which the personal data originate, if the personal data are not collected from the data subject;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
23.1.2 You have the right to request information as to whether your personal data will be transferred to a third country or an international organization. In this context, you may request to be informed on the suitable safeguards pursuant to Art. 46 GDPR in connection with the transfer.
23.2 Right to Rectification
You have the right to rectification and/or completion towards us, provided that your personal data that are processed are incorrect or incomplete. We have to make the rectification without undue delay.
23.3 Right to Restriction of Processing
23.3.1 On the following condition, you may request restriction of processing of your personal data:
- if you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data;
- if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- if we no longer need the personal data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims;
- if you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether our legitimate grounds override yours.
23.3.2 Where processing has been restricted, such personal data shall - with the exception of storage - only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
23.3.3 If you have obtained restriction of processing pursuant to the abovementioned requirements, we will inform you before the restriction of processing is lifted.
23.4 Right to Erasure
23.4.1 You shall have the right to obtain from us the erasure of personal data concerning you without undue delay where one of the following grounds applies:
- the personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- you withdraw consent on which the processing is based according to Art. 6 (1a) or Art. 9 (2a) GDPR, and there is no other legal ground for the processing;
- you object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for such processing, or you object to the processing pursuant to Art. 21 (2);
- the personal data concerning you have been unlawfully processed;
- the personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
- the personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
23.4.2 Where we have made the personal data concerning you public and are obliged to erase the personal data pursuant to Art. 17 (1) GDPR or pursuant to lit. 18.4.1 above, taking account of available technology and the cost of implementation, we shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
23.4.3 There is no right to erasure to the extent that processing is necessary
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for the establishment, exercise or defense of legal claims.
23.5 Right to Notification
23.5.1 If you have exercised the right to rectification, erasure or restriction of processing vis-à-vis us, we are obliged to inform each recipient to whom the personal data concerning you have been disclosed of this correction or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.
23.5.2 We shall inform you about those recipients if you request it.
23.6 Right to Data Portability
23.6.1 You have the right to receive the personal data concerning you that you provided to us in a structured, commonly used and machine-readable format.
23.6.2 Moreover, you have the right to transmit those data to another controller without hindrance from us, where
- the processing is based on consent pursuant to Article 6 (1a) GDPR or Article 9 (2a) GDPR or on a contract pursuant to Article 6 (1b) GDPR; and
- the processing is carried out by automated means.
23.6.3 In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not adversely affect the rights and freedoms of others.
23.6.4 The right to data portability shall not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
23.7 Right to Object
23.7.1 You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning him or her which is based on Article 6 (1e) or (1f), including profiling based on those provisions.
23.7.2 We shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
23.7.3 Where personal data concerning you are processed for direct marketing purposes, you shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
23.7.4 Where you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
23.7.5 In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
23.8 Right to Withdrawal of Consent
You have the right to withdraw your declaration of consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
23.9 Automated Decision in the Individual Case including Profiling
23.9.1 You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning yourself or similarly significantly affects you. This shall not apply if the decision
- is necessary for entering into, or performance of, a contract between you and us,
- is authorized by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
- is based on your explicit consent.
23.9.2 However, these decisions shall not be based on special categories of personal data referred to in Article 9 (1) GDPR, unless point (a) or (g) of Article 9 (2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
23.9.3 In the cases referred to in section 18.9.1 1. number 1 and 3 (see Art. 22 (2) a. and c. GDPR), we will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
23.10 Right to lodge a complaint with a supervisory authority
23.10.1 Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of the personal data relating to you infringes the General Data Protection Regulation.
23.10.2 The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.
24. Legal Bases for Processing Personal Data
24.1 Insofar as we obtain the consent of the data subject to the processing of his or her personal data, Article 6 (1) a GDPR shall serve as the legal basis.
24.2 Article 6 (1b) GDPR shall serve as the legal basis for processing which is necessary for the performance of a contract to which you are party. This shall also apply to processing that is required prior to entering into a contract.
24.3 Insofar as processing of personal data is necessary for compliance with a legal obligation to which we are subject, Article 6 (1c) GDPR shall serve as the legal basis.
24.4 If processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, Article 6 (1d) GDPR shall serve as the legal basis.
24.5 If processing is necessary for the purposes of the legitimate interests pursued by us or by a third party and where such interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, Article 6 (1f) GDPR shall serve as the legal basis for such processing. Our legitimate interest is the offering of our services.
25. Reservation of Right to Alteration of this Privacy Statement
This privacy statement is effective as of January 2020.
As a result of the further development of our website or individual parts of the website, the change of our services and offers, or due to a changed legal basis, it might become necessary to change the privacy statement. We will make reference to any changes made.
