Data Protection

Status 2020/03/05

Privacy policy

In the following we inform you about the processing of personal data in connection with the services that we offer at www.callidus-energie.de or other websites that integrate this privacy policy. Personal data is any information relating to an identified or identifiable natural person (Art. 4 No. 1 DSGVO). This includes information such as your name, your e-mail address, your postal address or your telephone number. Information that is not directly related to your identity, such as the number of users of an Internet site, are not included.

  1. Who is responsible for processing your personal data?

The responsible party (hereinafter referred to as Callidus Energie or CE) in terms of the basic data protection regulation and other national data protection laws of the member states as well as other data protection regulations is:

Callidus Energie GmbH
Kaiserstraße 70
60329 Frankfurt am Main
Deutschland

  1. Contact details of the data protection officer

You can reach our data protection officer at the following contact details:

Ulf Gissel
Callidus Energie GmbH
Kaiserstraße 70
60329 Frankfurt am Main

Phone: 0049 69 401 507 420
E-Mail: datenschutz@callidus-energie.de

  1. Purposes and legal basis of the processing operations and duration of storage

In the following we will inform you about the various purposes for which we process personal data, the legal basis for such processing and how long we store the data.

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 Abs. 1 lit. a EU Data Protection Regulation (DSGVO) serves as the legal basis for the processing of personal data. In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6 paragraph 1 letter b DPA serves as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual measures. Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 Abs.. 1 lit. c DSGVO serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 paragraph 1 lit. f DSGVO serves as the legal basis for the processing.

The personal data of the person concerned is stored for as long as the respective purpose lasts.

3.1 Data processing for general use of our platforms and our services

3.1.1 Newsletter

If you register for a newsletter, we use your e-mail address to send you the respective newsletter, in which we regularly inform you about interesting topics. In order to ensure your proper registration for the newsletter, i.e. to prevent unauthorised registrations on behalf of third parties, we will send you a confirmation e-mail after your initial newsletter registration using the double opt-in procedure, in which we ask you to confirm your registration. The legal basis is your consent according to Art. 6 para. 1 sentence 1 a DSGVO. In connection with your newsletter registration, we also save your IP address and the date and time of your registration and confirmation, so that we can trace and prove your registration at a later date. The legal basis for this storage is a legitimate interest in the sense of Art. 6 para. 1 lit. f DSGVO, whereby the legitimate interest is the possibility of proving the notification. We store your e-mail address in order to send you the newsletter until you unsubscribe or until we stop sending the newsletter to you. You may object to all types of newsletters from Callidus Energie at any time, without incurring any costs other than the transmission costs according to the basic rates (i.e. the costs of your internet provider, for example).

3.1.2 Advertising contradictions

If we receive an objection from you against advertising purposes, we can include your personal contact data (name, address, telephone number, fax number, e-mail address) in a blocking list, with the help of which we ensure that we no longer send you unwanted advertising. The legal basis is a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO, whereby the legitimate interest is that we can fulfil our obligations arising from your advertising objection. The data will be stored for this purpose until you expressly revoke your objection to advertising in writing.

3.1.3 Contact form and e-mail contact

Contact forms are available on our platforms, which can be used for electronic contact. By clicking the send button you agree to the transmission of the data entered in the input mask to us. In addition, we save the date and time of your contact. Alternatively, it is possible to contact us via the provided e-mail address. In this case the personal data of the user transmitted with the e-mail and our reply will be stored. The personal data voluntarily transmitted to us in this context serves us to process your inquiry and to contact you. The legal basis for the transmission of data is Art. 6 para. 1 lit. a DSGVO. We will use the data for this purpose until the respective conversation with you has ended. The conversation ends when it can be concluded from the circumstances that the matter in question has been conclusively clarified.

3.1.4 Surveys

From time to time, Callidus Energie conducts market research surveys. We will not collect any personal data within the scope of these surveys. However, at the end of the survey, we may offer you the opportunity to participate in a competition. In order to participate in the competition, you must provide your e-mail address and we will use this only for the purpose of the competition, to inform you in case you win. In particular, we will store your e-mail address completely independently of your answers to the survey. The legal basis for the storage of your e-mail address is your consent according to Art. 6 para. 1 lit. a DSGVO. We will store your e-mail address for this purpose until the end of the competition.

3.1.5 Callidus Energie Salary calculator

Callidus Energie offers a salary planner at www.verguetung-energie.de. Within the framework of the salary planner, Callidus Energie compares the information entered by users regarding their current professional situation, salary, professional experience, education, age and gender of the user with data of other users in an aggregated, statistical database and evaluates this comparison to create a salary comparison for the user on this basis. After entering the above information and entering an e-mail address, Callidus Energie will send the user access to the salary comparison via double opt-in e-mail. This processing is based on your consent. The consent is given by clicking the button to send the personal salary planner. We store the salary comparison created for you for a period of 5 years. We can only provide the salary planner if we can statistically evaluate the data of all users for other users as well. For this reason, we record the information you provide in accordance with point 3.a in a statistical database for the purpose of preparing the salary comparison in accordance with point 3.a. In doing so, we do not store any data that we could directly relate to your person, in particular we do not store your e-mail address in this database. This processing is carried out because it is necessary to protect the legitimate interests of Callidus Energie, namely to offer the salary planner, and none of your interests or fundamental rights and freedoms that require the protection of personal data prevail.

3.1.6 Engagement of contractors for hosting and platform security, administrative, troubleshooting and support services

For the provision of our services we use contract processors, which we list below. The legal basis for the use of these contract processors is a legitimate interest according to Art. 6 para. 1 lit. f GDPR. The legitimate interest consists in the pursuit of our business purposes, in particular for the provision of the services otherwise described in this data protection declaration. No conflicting interest is apparent because we have concluded a contract with the respective contractors in accordance with Art. 28 DSGVO.

Hosting

For the purpose of hosting our platforms and back-up services, we use contract processors so that personal data stored on our platforms is transferred to these contract processors. These processors are Host Europe GmbH, Hansestrasse 111, 51149 Cologne, Germany, Amazon Webservices, Inc. 410 Terry Drive Ave North, WA 98109-5210 Seattle, USA, and Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. These processors will retain personal data for as long as the data is stored on our platforms based on the purposes defined in this Privacy Policy. Amazon Webservices Inc. and Microsoft Corporation are certified under the Privacy Shield Agreement and thus offer a guarantee to comply with European data protection law.

 

 

 

Candidate management

We use the Prescreen tool to manage our candidate data. Prescreen International GmbH, Mariahilfer Straße 17, 1060 Vienna, Austria, the e-recruiting system "Prescreen" under the domain *.jobbase.io below ("jobbase.io"), on which companies can place job advertisements as well as receive and manage applications. Within the scope of these activities, Prescreen processes personal data on behalf of and for the purposes of the company with which you wish to contact in connection with your application. This company is to be qualified as a body responsible for data protection within the meaning of Art 4 Z 7 of the Basic Data Protection Regulation (DSGVO). In this relationship, Prescreen acts as a processor of orders within the meaning of Art 4 Z 8 DSGVO. The protection and confidentiality of your data is of particular importance to Prescreen. Of course, your data will be processed exclusively in accordance with the applicable data protection regulations, in particular the Austrian Data Protection Act (DSG), the Austrian Telecommunications Act (TKG), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). This data protection declaration also complies with all legal requirements which will become mandatory when the European Data Protection Regulation (DSGVO) comes into force. The DSGVO will apply from 25 May 2018. Under no circumstances will Prescreen pass on your personal data to third parties without authorisation for advertising, marketing or other purposes.

  1. What data is collected?

1 The following data is collected and processed for the automated processing of your application:

  1. first name, surname, e-mail and, if applicable, address/city, date of birth, title, telephone number, nationality
  2. additional questions (e.g. driving licence), depending on the specific alert
  3. curriculum vitae, in particular details of professional experience and education
  4. competencies (e.g. Photoshop, MS Office)
  5. application photo
  6. qualifications, awards and language skills
  7. letter of motivation
  8. files and documents that you may upload

 

  1. We store the written, electronic communication that takes place between you and the company you are applying for. Furthermore, we process comments and evaluations that are written about you during the application process.

 

  1. In order to be able to adapt our services to your needs in the future and to enable the trouble-free use of our website, we collect statistical information about your surfing behaviour on our website (e.g. which website areas you click on or your "log-in" times). This data may be recorded for support or service optimization purposes and can be viewed by the prescreen administrator at any time if required.

 

 

  1. purpose of data collection

Prescreen processes and uses the personal data collected to provide the Prescreen services, for the purposes of registration on the companies' websites and for the exchange of information between applicants and companies. Please note that for direct marketing purposes we will send you electronic messages about new vacancies from companies for which you have already applied in the past. On behalf of these companies, we process your name, your e-mail address and the data you provided in your previous application. The sending of these messages can be contradicted at any time by sending an e-mail to %dpoEmail% to the responsible company %companyName%.

  1. Is data passed on to third parties or collected by third parties?

The data collected in the context of your application will neither be published nor passed on to third parties without your consent. Apart from our employees who process your data in the course of providing our services, we pass on your personal data to the following recipients:

  1. to companies to which contact is to be made in the course of your application procedure
  2. to subcontractors who support us in providing our services as IT service providers and within the scope of hosting services. These have their headquarters in Austria and Germany. If other processors are commissioned with maintenance work, these processors may be given access to your data in the course of their work. In such a case, Prescreen will contractually require the processors to comply with the applicable privacy and data protection laws and the privacy and confidentiality provisions of this Agreement.
  3. Prescreen may be legally required to release your information if it is necessary to assert, exercise or defend the client's legal rights before any government authority.

If Prescreen wishes to use your data in a manner that goes beyond the above, Prescreen will obtain your express consent in advance.

  1. storage periods
  2. personal data of rejected applicants will be stored for a maximum period of six months, starting from the date of rejection of the application If, in the course of your application procedure, you prefer a longer storage period (for example, in order to continue your application process at a later date), we ask you to make the appropriate settings when registering.
  3. longer storage periods may also result from the fact that the data is necessary for the assertion, exercise or defence of legal claims before an authority or that there are legal storage obligations. The data will be stored for as long as necessary to fulfil these purposes.

Sending e-mails and other messages

To send e-mails and messages via other electronic channels, we use services of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA, as part of an order processing system. These services may receive your personal data within the scope of the order processing existing with us. Your data will be stored there for the period of time for which storage is otherwise lawful for purposes in accordance with this data protection declaration, i.e. in particular for the purposes of contractual communication within the framework of existing contracts with you or for other promotional communication. Microsoft Corp. is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law.

Google reCAPTCHA

On the basis of our legitimate interests (i.e. interest in the correctness of data, avoidance of automatic registrations/orders by so-called bots and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f) DSGVO) we use in certain cases the reCAPTCHA service https://www.google.com/recaptcha/intro/ of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Googleâ€). Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law.

Cookies and similar technologies

We use cookies on our websites. Cookies are text files which are stored on a computer system via an Internet browser. We use such cookies both as a technical means for providing services on our platforms and for analysing the website behaviour of our visitors and, based on this, for designing our offers in a more user-friendly manner. For this purpose, we may also use other techniques, such as tracking pixels or a code in apps. In addition, we can also use these cookies or other technologies to send you job advertisements and other content of interest to you in a targeted manner. For the sake of clarity, we have outsourced the information on cookies and similar techniques to section 4 of this privacy policy. You will find more details there.

 

3.2 Data processing when using a job agent

Callidus Energie offers you various services for your career development. As your career companion on the Internet, Callidus Energie aims to support you in all phases of your professional life. For this purpose, you can subscribe to a job agent and create a Callidus Energie account, in which we process personal data. In this account, we will inform you about the purposes, the respective legal basis and the storage period of this processing. On the one hand, we offer you the conclusion of a contract to receive a job agent. The purpose of the data processing within the framework of a job agent is that we send you regular e-mails about vacancies that correspond to a profile you have predefined or that are recommended to you on the basis of your usage behaviour with us. You can find details about the job agent in our terms of use. The legal basis for this is Art. 6 para. 1 lit. b DSGVO. We store the data within the scope of a contract on the use of the job agent for the duration of the contract period, i.e. until you or we terminate your job agent..

3.3 Data processing on entrepreneurs or employees of enterprises

Our services for job providers aim to offer entrepreneurs and companies the widest possible selection of suitable candidates. To this end, we process personal data of entrepreneurs (data relating to entrepreneurs is only personal data if the entrepreneur is a natural person) or of employees of companies. The respective companies or entrepreneurs may have a contractual or pre-contractual relationship with us, but in individual cases we may also process data of companies and their employees if no such pre-contractual relationship exists. In this section 3.3 we inform you about the purposes, the respective legal basis and the storage period of these processing operations of companies or company employees as well as the data categories, if we do not collect the personal data from the data subject. The data will be deleted as soon as they are no longer necessary for achieving the respective purpose, i.e. when there is no longer a contract with the customer and we no longer intend to enter into a contract with the respective customer, when there is no longer a legitimate interest and when we are no longer obliged to keep documents in which personal data may be contained.

3.3.1 Data processing for purposes of contract management and preparation

We process personal data for the purpose of contract management, i.e. so that we can provide our customers with the services covered by the contract and for the purpose of preparing the corresponding contracts. If the customer is a natural person, the legal basis is that the processing is necessary for the fulfilment of a contract, or for the implementation of pre-contractual measures in accordance with Art. 6 para. 1 sentence 1 b DSGVO. If we process personal data of employees of the customer, the legal basis is a legitimate interest according to Art. 6 para. 1 p. 1 f DSGVO. The legitimate interest lies in the performance of our business activities and those of the customer. There is no conflicting interest on the part of the person concerned in this respect, because from the point of view of our customer the processing by us is already necessary within the framework of the existing employment relationship with the person concerned (§ 26 BDSG-neu). For this purpose we store personal data for the duration of the contract.

In all other respects, we store booking vouchers for a period of ten years and business letters, i.e. every message which has as its object the preparation, execution or cancellation of a transaction, for a period of six years in order to comply with our statutory storage obligations under § 257 (1) No. 2 HGB and § 147 AO, whereby the period begins at the end of the calendar year in which the business letter was received or sent or the booking voucher was created. The legal basis is Art. 6 para. 1 lit. c DSGVO.

3.3.2 Customer Service

We process the personal data of the customer or prospective customer or his employees as contact persons received in connection with a contract or an inquiry of a prospective customer, even after the end of the contract or, if no contract is concluded, for the purpose of customer advisory service and in order to be able to recommend suitable services in case of a renewed inquiry of the customer or prospective customer, on the basis of previous contract conclusions or inquiries. The legal basis is a legitimate interest according to Art. 6 para. 1 sentence 1 f DSGVO. The legitimate interest lies in the performance of our business activities. For this purpose, we store personal data for as long as we assume that the respective customer may conclude a further or first contract with us in the future, which is the case until the customer in question declares to us that he will never conclude a contract with us under any circumstances.

If the customer is a natural person, the legal basis is that the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures pursuant to Art. 6 para. 1 sentence 1 b DSGVO. If we process personal data of employees of the customer, the legal basis is a legitimate interest according to Art. 6 para. 1 p. 1 f DSGVO. The legitimate interest lies in the performance of our business activities and those of the customer. There is no conflicting interest on the part of the person concerned in this respect, because from the point of view of our customer the processing by us is already necessary within the framework of the existing employment relationship with the person concerned (§ 26 BDSG-neu). For this purpose, we store the data for the duration of the contract for the use of the Callidus Energie customer centre.

In addition, we use the data thus collected in anonymised form to compile statistics on the general behaviour of the customers of the Direct Search Database. This enables us to make the services more customer-friendly. The legal basis for this is a legitimate interest according to Art. 6 Para. 1 S. 1 f DSGVO. The legitimate interest lies in the performance of our business activities

3.3.3 Data processing in the publication of advertising products

If our customers publish advertisement products or company portraits on our platform, we process personal data of the customer, if the customer is a natural person, if our customer provides contact data of an employee in an advertisement product, we process his personal data in order to make these respective data available to our users as part of the advertisement on our platform and to ensure that the advertisement can be found via the search functionality on our platforms. In order to increase the reach of the advertisement by transmitting it to our cooperation partners, we may transmit all or part of the contents of the advertisement to our cooperation partners, who will provide the advertisement or a preview of it on their website. If the customer is a natural person, the legal basis is that the processing is necessary for the fulfilment of a contract according to Art. 6 para. 1 sentence 1 b DSGVO.

If the advertisement contains contact data of the customer's employees, the legal basis is a legitimate interest according to Art. 6 para. 1 sentence 1 f DSGVO. The legitimate interest lies in the performance of our business activities and those of the customer. There is no conflicting interest on the part of the person concerned in this respect, because from the point of view of our customer the processing by us is already necessary within the framework of the existing employment relationship with the person concerned (§ 26 BDSG-neu). We store the data for this purpose for the period during which the advertisement is available on our platforms in accordance with the contractual agreements.

3.3.4 Online ordering

When you place an online order on our website, we collect various data required for the conclusion of the contract. The legal basis is the conclusion and execution of a contract according to Art. 6 para. 1 sentence 1 b DSGVO. The data is stored for the duration of the contract in accordance with the above section 3.3.1.

3.3.5 Data processing for general advertising purposes

We process personal data of our customers as well as other entrepreneurs and companies not in a business relationship with us and in this context, if necessary, also of the contact persons there for the purpose of direct advertising, as far as legally permissible. Insofar as we have not collected this data directly from the respective data subject, we may also obtain contact data of the data subject from public sources, such as in particular the website of the respective company, industry directories or job advertisements placed by the company.

In connection with these direct advertising purposes, we can also take into account the previous contracts concluded by our customers and company specifics such as industry affiliation or size of the respective company/entrepreneur in order to make the advertising as appropriate as possible. The legal basis is a legitimate interest within the meaning of Art. 6 para. 1 sentence 1 f DSGVO. The legitimate interest consists in the processing of personal data for the purpose of direct advertising itself (cf. Recital 47 DSGVO). Data subjects have the right to object at any time to the processing of personal data relating to them for the purpose of such advertising. This objection can be made at any time using the contact details given in point 1. In the case of advertising by e-mail, an opt-out link is also provided directly in the e-mail in question. We store the data for this purpose as long as we are interested in concluding a contract with the company concerned or until an objection has been declared.

3.4. Cookies and similar technologies

We use Prescreen for our applicant tool when operating the website "cookies". These serve to make your online application more user-friendly, effective and secure. Cookies are small text files that are stored on your computer. Session-related "session cookies" are deleted as soon as you leave our website. Permanent cookies, on the other hand, remain stored on your computer's hard drive until they are deleted by your browser (e.g. in order to be able to return later to an ongoing application process). You can prevent the installation of cookies by adjusting your browser software accordingly. Please note, however, that in this case you may not be able to use all the functions of Prescreen to their full extent. A list of the cookies used follows.

PHPSESSID:

Session Cookie für jobbase.io. Dieses Cookie dient der Identifizierung des Nutzers während der Benutzung von Prescreen. Das Cookie ist für die korrekte Funktionalität zwingend erforderlich. Das Cookie verliert beim Schließen des Browsers seine Gültigkeit.

REMEMBERME:

Persistent cookie for jobbase.io. This cookie serves to restore an expired session. The cookie loses its validity after 2 weeks.

3.5. Rights of the data subject

If personal data is processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:

3.5.1 Right of access to information

You can request confirmation from us as to whether personal data concerning you is being processed by us. If such processing is carried out, you can request information from us about the following:

  1. the purposes for which the personal data are processed
  2. the categories of personal data which are processed
  3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  4. the planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
  5. the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. any available information as to the origin of the data if the personal data are not collected from the data subject;
  8. the existence of automated decision-making, including profiling, in accordance with Art. 22, paragraphs 1 and 4 DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject.

You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.

This right of information may be limited to the extent that it is likely to make it impossible or seriously hinder the achievement of statistical purposes and the limitation is necessary for the fulfilment of the statistical purposes.

 

3.5.2 Right of rectification

You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay. Your right of rectification may be limited to the extent that it is likely to make it impossible or seriously hinder the achievement of statistical purposes and the limitation is necessary for the fulfilment of the statistical purposes.

3.5.3 Right to restrict processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

  1. if you dispute the accuracy of the personal data concerning you for a period of time that allows us to verify the accuracy of the personal data
  2. if the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
  3. we no longer need the personal data for the purposes of the processing, but you need the personal data to assert, exercise or defend legal claims; or
  4. if you have lodged an objection to the processing pursuant to Art. 21 para. 1 DSGVO and it is not yet clear whether our legitimate reasons outweigh your reasons.

If the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by us before the restriction is lifted.

Your right to restrict processing may be limited to the extent that it is likely to make it impossible or seriously affect the achievement of statistical purposes and the restriction is necessary for the fulfilment of statistical purposes.

3.5.4 Right of cancellation

3.5.4.1 Obligation to delete

You may request us to delete personal data concerning you immediately and we are obliged to delete such data immediately if any of the following reasons apply:

  1. the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed
  2. you revoke your consent on which the processing was based in accordance with Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO, and there is no other legal basis for the processing
  3. you submit an objection to the processing pursuant to Art. 21, para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you submit an objection to the processing pursuant to Art. 21, para. 2 DSGVO.
  4. the personal data concerning you have been processed unlawfully

5 the erasure of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which we are subject

  1. the personal data concerning you have been collected in relation to information society services provided, in accordance with Article 8(1) of the DSGVO

3.5.4.2 Information to third parties

If we have made public the personal data concerning you and are obliged to delete them in accordance with Art. 17 para. 1 DSGVO, we will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

3.5.4.3 Exceptions

The right of cancellation does not exist insofar as the processing is necessary

  1. to exercise the right to freedom of expression and information
  2. to comply with a legal obligation requiring processing under Union or national law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller
  3. for reasons of public interest in the field of public health pursuant to Article 9 paragraph 2 letters h and i and Article 9 paragraph 3 DSGVO;
  4. for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the provisions of Section a)

is likely to make it impossible or seriously prejudicial to the purposes of the processing, or

  1. to assert, exercise or defend legal claims.

3.5.5 Right to data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person in charge without hindrance by us, provided

  1. the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
  2. the processing is carried out using automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

3.5.6 Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions.

We will then no longer process the personal data concerning you, unless we can prove compelling reasons for processing that are worthy of protection and outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.

If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.

You may exercise your right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

You also have the right to object to the processing of personal data concerning you for statistical purposes in accordance with Art. 89, paragraph 1 of the DPA for reasons arising from your particular situation.

Your right to object may be limited to the extent that it is likely to make it impossible or seriously affect the realisation of statistical purposes and the limitation is necessary for the fulfilment of statistical purposes.

3.5.7 Right to withdraw the declaration of consent under data protection law

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

 

3.5.8 Automated case-by-case decision making including profiling

You have the right not to be subject to a decision based solely on automated processing â€" including profiling â€" which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and the person responsible
  2. is authorised by Union or national legislation to which the person responsible is subject and such legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
  3. with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 DSGVO, unless Art. 9 Para. 2 lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), we shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to contest the decision.

3.5.9 Right of appeal to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of the DPA.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.

  1. Modification of the data protection declaration; change of purpose

We reserve the right to change this data protection declaration in compliance with the data protection regulations. You will find the current version at this point or at another corresponding, easily found place on our website or app. If we intend to process your data for other purposes, i.e. those for which it was collected, we will inform you of this in advance in compliance with the statutory provisions.

Status 2020/03/05