Data protection declaration

We are delighted about your interest in our company. Data protection has a particularly high priority for the Executive Board of Monoplan AG. The use of the Internet pages of Monoplan AG is possible without any indication of personal data. However, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection provisions applicable to Monoplan AG. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, Monoplan AG has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject has the option of transferring personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of Monoplan AG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and comprehensible for the general public, as well as our customers and business partners. To ensure this, we would first like to explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

a) Personal data

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

B) Data subject

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

c) Processing

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

d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

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

f) Pseudonymisation

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

g) Controller or controller responsible for the processing

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

h) Processor

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

i) Recipient

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

j) Third party

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

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

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Monoplan AG
Hardturmstrasse 76
8005 Zurich
Switzerland
Tel.: 0041 44 245 47-10
E-mail: office@monoplan.ch
Website: www.monoplan.ch

3. Cookies

The Internet pages of Monoplan AG use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to differentiate the individual browser of the data subject from other Internet browsers which contain other cookies. A specific Internet browser can be recognised and identified using the unique cookie ID.
Through the use of cookies, Monoplan AG can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimised with the user in mind. Cookies allow us, as previously mentioned, to recognise our website users. The purpose of this recognition is to make it easier for users to utilise our website. When a user lands on a website that uses cookies, the user does not have to e.g. enter their access data each time the website is accessed, as this is taken over by the website and the cookie that is stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart by means of a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of Monoplan AG collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites that are directed to our website via an accessing system (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, Monoplan AG does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber attack. Therefore, Monoplan AG analyses these anonymously collected data and information both statistically and with the aim of increasing data protection and data security within our enterprise. This is to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Subscription to comments on the website blog

In principle, third parties can subscribe to the comments left on the blog pages of the Monoplan AG website. In particular, a commentator is able to subscribe to the comments left in response to his or her comment about a specific blog post. If a data subject decides to subscribe to comments, the controller will send an automated confirmation e-mail as part of a double-opt-in procedure to verify whether it is really the owner of the e-mail address provided who has selected this option. The subscription to comments can be cancelled at any time.

6. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or by other legislators in laws or regulations to which the controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or by another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

7. Rights of the data subject

a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access

Each data subject shall have the right granted by the European legislator to obtain at any time from the controller free information about his or her personal data stored and a copy of this information. Furthermore, the European legislator grants the data subject access to the following information:

  • die Verarbeitungszwecke
  • die Kategorien personenbezogener Daten, die verarbeitet werden
  • die Empfänger oder Kategorien von Empfängern, gegenüber denen die personenbezogenen Daten offengelegt worden sind oder noch offengelegt werden, insbesondere bei Empfängern in Drittländern oder bei internationalen Organisationen
  • falls möglich die geplante Dauer, für die die personenbezogenen Daten gespeichert werden, oder, falls dies nicht möglich ist, die Kriterien für die Festlegung dieser Dauer
  • das Bestehen eines Rechts auf Berichtigung oder Löschung der sie betreffenden personenbezogenen Daten oder auf Einschränkung der Verarbeitung durch den Verantwortlichen oder eines Widerspruchsrechts gegen diese Verarbeitung
  • das Bestehen eines Beschwerderechts bei einer Aufsichtsbehörde
  • wenn die personenbezogenen Daten nicht bei der betroffenen Person erhoben werden: Alle verfügbaren Informationen über die Herkunft der Daten
  • das Bestehen einer automatisierten Entscheidungsfindung einschließlich Profiling gemäß Artikel 22 Abs.1 und 4 DS-GVO und — zumindest in diesen Fällen — aussagekräftige Informationen über die involvierte Logik sowie die Tragweite und die angestrebten Auswirkungen einer derartigen Verarbeitung für die betroffene Person

Furthermore, the data subject shall have the right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.

c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall also have the right to request that incomplete personal data be completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • Die personenbezogenen Daten wurden für solche Zwecke erhoben oder auf sonstige Weise verarbeitet, für welche sie nicht mehr notwendig sind.
  • Die betroffene Person widerruft ihre Einwilligung, auf die sich die Verarbeitung gemäß Art. 6 Abs. 1 Buchstabe a DS-GVO oder Art. 9 Abs. 2 Buchstabe a DS-GVO stützte, und es fehlt an einer anderweitigen Rechtsgrundlage für die Verarbeitung.
  • Die betroffene Person legt gemäß Art. 21 Abs. 1 DS-GVO Widerspruch gegen die Verarbeitung ein, und es liegen keine vorrangigen berechtigten Gründe für die Verarbeitung vor, oder die betroffene Person legt gemäß Art. 21 Abs. 2 DS-GVO Widerspruch gegen die Verarbeitung ein.
  • Die personenbezogenen Daten wurden unrechtmäßig verarbeitet.
  • Die Löschung der personenbezogenen Daten ist zur Erfüllung einer rechtlichen Verpflichtung nach dem Unionsrecht oder dem Recht der Mitgliedstaaten erforderlich, dem der Verantwortliche unterliegt.
  • Die personenbezogenen Daten wurden in Bezug auf angebotene Dienste der Informationsgesellschaft gemäß Art. 8 Abs. 1 DS-GVO erhoben.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Monoplan AG, he or she may, at any time, contact any employee of the controller. An employee of Monoplan AG shall promptly ensure that the erasure request is complied with immediately.

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

e) Right to restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • Die Richtigkeit der personenbezogenen Daten wird von der betroffenen Person bestritten, und zwar für eine Dauer, die es dem Verantwortlichen ermöglicht, die Richtigkeit der personenbezogenen Daten zu überprüfen.
  • Die Verarbeitung ist unrechtmäßig, die betroffene Person lehnt die Löschung der personenbezogenen Daten ab und verlangt stattdessen die Einschränkung der Nutzung der personenbezogenen Daten.
  • Der Verantwortliche benötigt die personenbezogenen Daten für die Zwecke der Verarbeitung nicht länger, die betroffene Person benötigt sie jedoch zur Geltendmachung, Ausübung oder Verteidigung von Rechtsansprüchen.
  • Die betroffene Person hat Widerspruch gegen die Verarbeitung gem. Art. 21 Abs. 1 DS-GVO eingelegt und es steht noch nicht fest, ob die berechtigten Gründe des Verantwortlichen gegenüber denen der betroffenen Person überwiegen.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Monoplan AG, he or she may at any time contact any employee of the controller. The employee of Monoplan AG will arrange the restriction of the processing.

f) Right to data portability

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

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

In order to assert the right to data portability, the data subject may at any time contact any employee of Monoplan AG.

g) Right to object

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

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

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

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

In order to exercise the right to object, the data subject may directly contact any employee of Monoplan AG or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

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

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

If the data subject wishes to exercise the rights concerning automated decision-making, he or she may, at any time, contact any employee of the controller.

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.

8. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits to the data controller corresponding application documents by electronic means, e.g. by e-mail, or by means of a web form on the website. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the data controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that the controller has no other legitimate interests that conflict with the erasure. Another legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

9. Data protection provisions about the application and use of Adobe Analytics (Omniture) / Adobe Marketing Cloud

On this website, the controller has integrated components of the enterprise Adobe. Adobe Analytics (Omniture) and Adobe Marketing Cloud (hereinafter referred to as “Omniture”) is an instrument that allows for more efficient online marketing, as well as web analysis. Omniture is part of Adobe Marketing Cloud. Adobe Marketing Cloud enables real-time analysis of visitor flows on websites. The real-time analysis includes project reports and allows an ad-hoc analysis of site visitors. Customer interactions are presented in a manner that gives the controller a better overview of users’ online activities on this website, by displaying the data in simple and interactive dashboards and converting them into reports. This enables the controller to obtain information in real time and to identify problems that occur more quickly.

The operating company for these services is Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland.

Omniture places a cookie on the information technology system of the data subject (cookies have already been explained in advance, which may be read above). The controller ensures, by means of a server setting, that the tracking data transferred to the Adobe data centre is anonymised prior to geolocation. The anonymisation is carried out by replacing the last part of the IP address. The controller has applied server-based settings, which are used to anonymise the IP address of the data subject prior to processing for geolocation and range measurement. Adobe will use the data and information obtained via our website to analyse the user behaviour of the data subject on behalf of the controller. Adobe will also use the data to create reports on user activity on our behalf, as well as provide other services to our enterprise relating to the use of our website. Adobe does not merge the IP address of the data subject with other personal data.

As stated above, the data subject may, at any time, prevent the placement of cookies by our website by means of a corresponding setting in the Internet browser used, and may thus permanently deny the placement of cookies. Any such Internet browser setting would also prevent Omniture from placing a cookie on the information technology system of the data subject. Cookies that have already been placed by Omniture may also be deleted at any time via an Internet browser or other software programs.

The data subject also has the possibility of objecting to and preventing the collection of data generated by the Adobe cookie for the use of this website and the processing of this data by Adobe. For this purpose, the data subject must click the opt-out button under the link http://www.adobe.com/de/privacy/opt-out.html, which places an opt-out cookie. The opt-out cookie used for this purpose is placed on the information technology system used by the data subject. If the data subject deletes the cookies from his or her system following the opt-out process, then the data subject must call up the link again and set a new opt-out cookie.

However, by setting the opt-out cookie, the data subject may find that he or she is no longer able to use the full extent of the controller’s website.

Adobe’s applicable data protection provisions may be accessed under http://www.adobe.com/de/privacy.html.

10. Data protection provisions about the application and use of Facebook

On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to, e.g. create private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a data subject lives outside of the United States or Canada, the data controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this website, which is operated by the controller and into which a Facebook component (Facebook plug-in) has been integrated, the web browser on the information technology system of the data subject is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. An overview of all the Facebook plug-ins may be accessed under https://developers.facebook.com/docs/plugins/?locale=de_DE. During the course of this technical procedure, Facebook is made aware of which specific sub-page of our website is visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject – and for the entire duration of their stay on our website – which specific sub-page of our website was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject by Facebook. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores this personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains what setting options Facebook offers to protect the privacy of the data subject. Furthermore, different applications are available to prevent the transmission of data to Facebook. These applications may be used by the data subject to prevent the transmission of data to Facebook.

11. Data protection provisions about the application and use of Instagram

On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.

The operating company of the services offered by Instagram is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this website, which is operated by the controller and into which an Instagram component (Insta-Button) has been integrated, the web browser on the information technology system of the data subject is automatically prompted by the respective Instagram component to download a display of the corresponding Instagram component from Instagram. During the course of this technical procedure, Instagram is made aware of which specific sub-page of our website is visited by the data subject.

If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject – and for the entire duration of their stay on our website – which specific sub-page of our website was visited by the data subject. This information is collected through the Instagram component and associated with the respective Instagram account of the data subject by Instagram. If the data subject clicks on one of the Instagram buttons integrated into our website, Instagram matches the transmitted data and information with the personal Instagram user account of the data subject and then stores and processes the personal data.

Instagram always receives, through the Instagram component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Instagram during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not wish this information to be transmitted to Instagram, then he or she may prevent this transmission process by logging out of their Instagram account before calling up our website.

Further information and the applicable data protection provisions set out by Instagram can be accessed at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

12. Data protection provisions about the application and use of LinkedIn

The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.

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

With each call-up to our website, into which a LinkedIn component (LinkedIn plug-in) has been integrated, the Internet browser of the data subject is automatically prompted by this component to download a display of the corresponding component from LinkedIn. Further information about the LinkedIn plug-ins may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn is made aware of which specific sub-page of our website is visited by the data subject.

If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject – and for the entire duration of their stay on our website – which specific sub-page of our website was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject by LinkedIn. If the data subject clicks on one of the LinkedIn buttons integrated into our website, LinkedIn matches this information with the personal LinkedIn user account of the data subject and then stores and this personal data.

LinkedIn always receives, through the LinkedIn component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on LinkedIn during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the LinkedIn component or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.

LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame, which may place cookies. The placement of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable LinkedIn data protection provisions may be accessed under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.

13. Data protection provisions about the application and use of YouTube

The controller has integrated YouTube components on this website. YouTube is an Internet video portal that enables video publishers to upload video clips free of charge, and also allows other users to view, review and comment on these video clips free of charge. YouTube allows the publishing of any type of video, so you can access both full-length films and TV broadcasts, as well as music videos, trailers, and user-generated video content via the Internet portal.

The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

With each call-up to one of the individual pages of this website, which is operated by the controller and into which a YouTube component (YouTube video) has been integrated, the web browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a display of the corresponding YouTube component from YouTube. Further information about YouTube is available under https://www.youtube.com/yt/about/de/. During the course of this technical procedure, YouTube and Google are made aware of which specific sub-page of our website is visited by the data subject.

If the data subject is logged in on YouTube, YouTube recognises with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our website was visited by the data subject. This information is collected by YouTube and Google and associated with the respective YouTube account of the data subject.

YouTube and Google always receive, through the YouTube component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on YouTube during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on a YouTube video or not. If such a transmission of information to YouTube and Google is not desirable for the data subject, then he or she may prevent this by logging off from their YouTube account before a call-up to our website is made.

The data protection provisions published by YouTube, available under https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

Point (a) of Art. 6(1) of the GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations that are necessary for the supply of goods or for the provision of any other service, the processing is based on point (b) of Art. 6(1) of the GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for compliance with tax obligations, the processing is based on point (c) of Art. 6(1) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on point (d) of Art. 6(1) of the GDPR. Finally, processing operations could be based on point (f) of Art. 6(1) of the GDPR. This legal basis is used for processing operations which are not covered by any of the above-mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. It considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 of the GDPR).

15. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on point (f) of Art. 6(1) of the GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and our shareholders.

16. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

17. Provision of personal data as a statutory or contractual requirement; requirement necessary to enter into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) and can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for the data subject to provide us with personal data for the conclusion of a contract, which subsequently have to be processed by us. The data subject is, for example, obliged to provide us with personal data when our company concludes a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before any personal data is provided by the data subject, the data subject must contact one of our employees. In each case, our employee will clarify to the data subject whether the provision of the personal data is required by law or contract, or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences would be in the event of non-provision of the personal data.

18. Existence of automated decision-making

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

This data protection declaration is a translation of the German original, which was created on the basis of a sample data protection declaration generated using the Data Protection Declaration Generator of the DGD (Deutsche Gesellschaft für Datenschutz GmbH), which carries out data protection audits. The German original was also created in cooperation with the media law firm WILDE BEUGER SOLMECKE.

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