PLEASE NOTE THAT THE GERMAN VERSION IS BINDING.
THIS ENGLISH VERSION IS A COURTESY TRANSLATION!
I. NAME AND ADDRESS OF THE RESPONSIBLE PERSON
The responsible person within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is the:
ambiFOX GmbH | ambiFOX source GmbH | ambiFOX network GmbH
Fleehook 1, 48683 Ahaus, Germany
Phone: +49 (0) 2561 8693-0
II. NAME AND ADDRESS OF THE DATA PROTECTION OFFICER
The data protection officer of the controller is:
Comdatis it-consulting GmbH & Co KG
Deventer way 8
Phone: +49 (0) 2567 82900-00
III. GENERAL INFORMATION ON DATA PROCESSING
1. the scope of the processing of personal data
As a matter of principle, we collect and use personal data of our users only insofar as this is necessary for the provision of a functional website as well as our contents and services. The collection and use of personal data of our users is regularly carried out only with the consent of the user. An exception is made in cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by law.
Part of the data is collected in order to ensure error-free provision of the website. Other data may be used to analyze your user behavior.
2. legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (DSGVO) as the legal basis for the processing of personal data.
In the case of processing of personal data which is necessary for the performance of a contract to which the data subject is a party, Article 6(6) of the Data Protection Act shall apply. 1 lit. b DSGVO as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c DSGVO as the legal basis.
In the event that vital interests of the data subject or of another natural person make it necessary to process personal data, Article 6(2) of the Data Protection Act shall apply. 1 lit. d DSGVO as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, then Art. 6 para. 1 lit. f DSGVO as the legal basis for the processing.
3. data deletion and storage period
The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage ceases to apply. In addition, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or performance of a contract.
IV. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
1. description and scope of data processing
Each time you visit our website, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
(1) Information about the type of browser and the version used
(2) The operating system of the user
(3) The Internet service provider of the user
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the user’s system accesses our website
(7) Websites that are accessed by the user’s system via our website
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR.
3. purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.
4. duration of storage
The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
a) Description and scope of data processing
b) Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is, if the user has given his consent in this regard, Art. 6 para. 1 lit. a GDPR.
(c) the purpose of the data processing
The user data collected through technically necessary cookies are not used to create user profiles.
The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus constantly optimize our offer.
In these purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 lit. f GDPR.
d) Duration of storage, possibility of objection and elimination
VI. RIGHTS OF THE DATA SUBJECT
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. right to information
You may request confirmation from the controller as to whether personal data relating to you is being processed by us.
If there is such processing, you can request information from the controller 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 envisaged duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of the storage;
(5) the existence of a right to obtain the rectification or erasure of personal data concerning you, a right to obtain the restriction of processing 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 on 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 Article 22(2). 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information on 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 safeguards pursuant to Art. Article 46 of the GDPR in connection with the transfer.
2. right of rectification
You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you are inaccurate or incomplete. The person responsible shall make the correction without delay.
3. right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defence of legal claims; or
(4) if you object to the processing pursuant to Art. 21 para. 1 DSGVO and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
Where 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 establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
4. right to erasure
a) obligation to erasure
You may request the controller to delete the personal data concerning you without delay, and the controller is obliged to delete such data without delay if one of the following reasons applies:
(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 according to. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
(3) They shall lay down in accordance with. Art. 21 para. 1 DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 1 DSGVO. Art. 21 para. 2 DSGVO to object to the processing.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you have been processed in relation to Information Society services offered pursuant to Article 8(2) of the Directive. 1 DSGVO collected.
b) Information to third parties
If the controller has made the personal data relating to you public and is responsible pursuant to. Art. 17 para. 1 DSGVO to erase them, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers processing the personal data that you, as data subject, have requested erasure of all links to or copies or replications of such personal data.
The right to erasure does not exist insofar as the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is 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;
(3) for reasons of public interest in the field of public health pursuant to Article 9(2). 2 lit. h and i and Art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes in accordance with Article 7. Art. 89 para. 1 GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or
(5) to assert, exercise or defend legal claims.
5. right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.
6. right to data portability
You have the right to obtain the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
(1) the processing is based on consent pursuant to. Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to. Art. 6 para. 1 lit. b DSGVO and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another, insofar as this is technically feasible. Freedoms and rights of other persons must not be impaired by this.
The right to data portability shall not apply to 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 the controller.
7. right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1) of the Data Protection Act. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
If the personal data concerning you is 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; this also applies to profiling insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
8. right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9. automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the controller,
(2) is authorised by Union or Member State legislation to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) is done with your express consent.
However, such decisions shall not be based on special categories of personal data pursuant to Article 9(2). 1 DSGVO, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, including 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.
10. right to complain 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 of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
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 Article 78 GDPR.