Privacy Policy

Data Privacy Declaration

General Information on Data Processing

1. Name and Address of the Data Controller

The data controller for data processing on this website within the meaning of the General Data Protection Regulation is:

DataCo GmbH
Legally represented by Thomas Regier (Manager)
Dachauer Str. 65
80335 Munich
Germany
Phone: +49 (89) 740045840
E-Mail: datenschutz@dataguard.com

2. Scope of Personal Data Processing

Basically, we only process personal data of our users if this is necessary to provide a website as well as our contents and services. The processing of our users' personal data is either permitted by law or only with the user's consent.

3. Legal Basis for the Processing of Personal Data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis. In the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art.  6 para. 1 lit. d GDPR serves as the legal basis.
If processing is necessary to safeguard 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, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing. 

4. Erasure of Data and Duration of Storage

The personal data of the data subject will be erased or blocked as soon as the purpose of storage ceases to apply. Data may be stored for a longer period if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the data controller is subject.

5. 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 data controller:

5.1 Right of Access

You can ask the data controller to confirm whether personal data concerning you will be processed by us. If such processing has taken place, you can request the following information from the data controller:

1. the purposes for which the personal data is processed;
2. the categories of personal data processed;
3. the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
4. the planned 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 storage;
5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
6. the existence of a right to lodge a complaint with a supervisory authority;
7. any available information as to the source of data if the personal data is not collected from the data subject;
8. the existence of automated decision-making, including profiling in accordance with Art.  22(1) and (4) GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

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

5.2. Right to Rectification

You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.

5.3. Right to Restriction of 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 enables the data controller to verify the accuracy of the personal data;
2. if the processing is unlawful and you refuse to erase the personal data and instead request that the use of the personal data be restricted;
3. if the data controller no longer needs the personal data for data processing purposes, but you do need them to establish, exercise or defend legal claims, or
4. if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed - apart from being stored - with your consent or for the purpose of establishing, exercising or defending rights 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 processing has been restricted according to the above-mentioned conditions, you will be informed by the data controller before the restriction is lifted.

5.4. Right to Erasure

a) Deletion Duty

You may request the data controller to erase the personal data relating to you without delay and the data controller is obliged to erase this data without delay if one of the following reasons applies:

1. The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
2. You revoke your consent, on which the processing was based pursuant 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. You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
4. The personal data concerning you have been processed unlawfully.
5. The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
6. The personal data concerning you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

b) Information to Third Parties

If the data controller has made your personal data public and is obliged to erase it pursuant to Art. 17 para. 1 GDPR, he/she shall take appropriate 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 the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

c) Exceptions

The right to erasure does not exist insofar as processing is necessary

1. to exercise the right to freedom of expression and information;
2. for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the data controller is subject or for the performance of a task in public interest or in the exercise of official authority conferred on the data controller;
3. for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
4.  for archiving purposes in public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to render impossible or seriously impair the attainment of the objectives of such processing, or
5. for establishing, exercising or defending legal claims.

5.5. Right to Data Portability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another data controller without hindrance by the data controller to whom the personal data was provided, provided that

1. processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
2. processing is carried out using automated methods.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability shall not apply to the processing of personal data necessary for the performance of a task in public interest or in the exercise of official authority conferred on the data controller.

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 under Art. 6 para. 1 lit. e or f of the GDPR; this also applies to profiling based on these provisions.

The data controller no longer processes the personal data concerning you, unless he/she can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to establish, exercise or defend legal claims.

If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.

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

You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

5.7. Right to Revoke the Data Privacy Declaration of Consent

You have the right to revoke your Data Privacy Declaration of Consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of consent until revocation.

5.8. Right to Lodge a Complaint with a Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint to a supervisory authority, in particular in the Member State where you reside, work or suspect infringement, if you believe that the processing of personal data concerning you is contrary to the GDPR.

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

Special Information on Data Processing

1. Name and Address of the Data Protection Officer

The Data Protection Officer of the data controller is:

DataCo GmbH
Legally represented by Thomas Regier (Manager)
Dachauer Str. 65
80335 Munich
Germany

Phone: +49 (89) 740045840
E-Mail: datenschutz@dataguard.com

2. Provision of the Website and Creation of Log Files

2.1. Description and Scope of Data Processing

Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is thereby collected:

1. Information about the browser type and 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 reaches our website
7. Websites accessed by the user's system through 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.

2.2. Legal Basis for Data Processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR. The legitimate interest in temporary storage of data and log files results from the purposes of data processing (see 3.).

2.3. Purpose of Data Processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this, the IP address of the user must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. In addition, the data serves to optimize our website and to ensure the security of our information technology systems. An evaluation of data for marketing purposes does not take place in this context.

2.4. Duration of Storage

The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of data collection for the provision of our website, this is the case when the respective session has ended.

If the data is stored in log files, this is the case after seven days at the latest. Longer storage is possible. In this case, the IP addresses of the users are erased or alienated so that an assignment of the calling client is no longer possible.

2.5. Possibility of Objection and Elimination

The collection of data for the provision of our website and the storage of data in log files is absolutely necessary for the operation of our website.

3. Use of Cookies

3.1. Description and Scope of Data Processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. If a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string that enables a unique identification of the browser when the website is called up again.

We also use cookies on our website that enable an analysis of the frequency of page views by users.
When accessing our website, the user is informed about the use of cookies for analytical purposes and their consent to the processing of personal data used in this context is obtained. In this context, reference is also made to this Data Privacy Declaration. 

3.2. 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 legitimate interest results from the purposes of data processing (see 3. below)
The legal basis for the processing of personal data using cookies for analytical purposes is Art. 6 para. 1 lit. a GDPR, if the user has given their consent in this regard.

3.3. Purpose of Data Processing

The analysis cookies are used to improve the quality of our website and its content. Through the analysis cookies we learn how the website is used and can thus continuously optimize our offer.

3.4. Duration of Storage, Possibility of Objection and Elimination

Cookies are stored on the user's computer and transmitted from there to our site. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be erased by you at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

4. Newsletter Data and Dispatch via Third Parties (CleverReach)

4.1. Description and Scope of Data Processing

You can subscribe to a free newsletter on our website. When registering for the newsletter, the following data from the input mask is transmitted to us.

Title, name and email address

In addition, the following data is collected upon registration:

1. IP address of the calling computer
2. Date and time of registration

In the course of the registration process, your consent is obtained for the processing of data and reference is made to this Data Privacy Declaration.

In connection with data processing for the despatch of newsletters, the data is passed on to third parties. We use CleverReach to despatch the newsletters. The provider is CleverReach GmbH & Co. KG, Muehlenstrasse 43, 26180 Rastede. With this service we can organize and analyze the despatch of newsletters. Your information entered to subscribe to the newsletter, such as your email address, will be stored on Clever Reach's servers. Server locations are Germany and Ireland. The data will be used exclusively for sending the newsletter.

Sending newsletters with CleverReach allows us to analyze the behavior of the newsletter recipient. Among other things, the analysis shows how many recipients have opened their newsletter and how often links were clicked in the newsletter. CleverReach supports conversion tracking to analyze whether a previously defined action, such as a product purchase, has taken place after clicking on a link. For details on CleverReach's data analysis, see: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/

4.2. Legal Basis for Data Processing

The legal basis for the processing of data after registration for the newsletter by the user and for transmission via third parties (CleverReach) is Art. 6 para. 1 lit. a GDPR.

4.3. Purpose of Data Processing

The collection of the user's email address and the despatch via the third party (CleverReach) serves to deliver the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address used.

4.4. Duration of Storage

The data will be erased as soon as it is no longer necessary to achieve the purpose for which it was collected or upon revocation. The user's email address and the data processed by CleverReach will be stored as long as the subscription to the newsletter is active or has not been canceled. To unsubscribe, simply send us an email or use the unsubscribe link in the newsletter. The other personal data collected during the registration process will generally be erased after a period of seven days.

4.5. Possibility of Objection and Elimination

A revocation of your already given consent is possible at any time. To cancel our subscription, simply send us an email or use the unsubscribe link in the newsletter. The subscription to the newsletter can be canceled by the user concerned at any time. For this purpose there is a corresponding link in every newsletter.

This also makes it possible to revoke the consent to the storage of personal data collected during the registration process.

5. Contact form

5.1. Description and Scope of Data Processing

There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is:

Title, last name, email address, subject and message (mandatory fields); first name, company, position, street, postcode, city and telephone number (optional information)

 At the time the message is sent, the following data is also stored:

1. Date and time of registration
2. Acceptance of the privacy policy

In the course of the despatch process, your consent is obtained for the processing of data and reference is made to this Data Privacy Declaration. Alternatively, you can contact us via the email address provided. In this case, the user's personal data transmitted by email will be stored. In this connection, no data is passed on to third parties. The data will be used exclusively for processing the conversation.

5.2. Legal Basis for Data Processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR in case of consent of the user.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. The legitimate interest lies in the authentication of your person and the establishment of contact. If the email contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

5.3. Purpose of Data Processing

The processing of personal data from the input mask serves only for the treatment of the establishment of contact. In the event of contact by email, this also constitutes the necessary legitimate interest in the processing of data.

The other personal data processed during the sending process serves to prevent misuse of the contact form and to ensure the security of our information technology systems.

5.4. Duration of Storage

The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were despatched by email, this is the case when the respective conversation with the user is over. The conversation is over when it can be inferred from the circumstances that the facts in question have been finally clarified. The other personal data collected during the despatch process will generally be erased at the latest after a period of seven days.

5.5. Possibility of Objection and Elimination

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

6. Application Form or Application by Email

6.1. Description and Scope of Data Processing

There is an application form on our website which can be used for electronic application. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored. This data is:

First name, surname, e-mail address, street, postcode, town, country, certificates, curriculum vitae, cover letter.

At the time the message is sent, the following data is also stored:

1. Date and time of registration
2. Acceptance of the data protection declaration

In the course of the despatch process, your consent is obtained for the processing of data and reference is made to this Data Privacy Declaration. Alternatively, you can contact us via the email address provided. In this case, the user's personal data transmitted by email will be stored. In this connection, no data is passed on to third parties. The data will be used exclusively for processing the conversation.

6.2. Legal Basis for Data Processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR in case of consent of the user.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. The legitimate interest lies in the authentication of your person and the facilitation of the application process. If the email contact aims at the conclusion of a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

6.3. Purpose of Data Processing

The processing of personal data from the input mask serves only for application processing. In the event of an application by email, this also constitutes the necessary legitimate interest in the processing of data. The other personal data processed during the sending process serves to prevent misuse of the application form and to ensure the security of our information technology systems.

6.4. Duration of Storage

The data will be erased as soon as they are no longer necessary to achieve the purpose for which they were collected, at the latest, however, after six months (Equal Opportunity Act deadline). For the personal data from the input mask of the contact form and those that were despatched by email, this is the case when the respective conversation with the user is over. The conversation is over when it can be inferred from the circumstances that the facts in question have been finally clarified. The other personal data collected during the despatch process will generally be erased at the latest after a period of seven days.

6.5. Possibility of Objection and Elimination

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

All personal data stored in the course of the application will then be erased at the end of the six months.