Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data
protection is of a particularly high priority for the management of the toBrain
GmbH. The use of the Internet pages of the toBrain GmbH 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 regulations applicable to the toBrain GmbH. 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, the toBrain GmbH has implemented numerous technical and
organizational 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 is free to transfer personal data to us via
alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the toBrain GmbH 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 legible and
understandable for the general public, as well as our customers and business
partners. To ensure this, we would like to first explain the terminology used.

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

  • a)    Personal dataPersonal data
    means any information relating to an identified or identifiable natural
    person (“data subject”). An identifiable natural person is one who can be
    identified, directly or indirectly, in particular by reference to an
    identifier such as a name, an identification number, location data, an
    online identifier or to one or more factors specific to the physical,
    physiological, genetic, mental, economic, cultural or social identity of
    that natural person.
  • b) Data subjectData subject is any identified or
    identifiable natural person, whose personal data is processed by the
    controller responsible for the processing.
  • c)    ProcessingProcessing 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
    processingRestriction of processing is the marking of stored personal data
    with the aim of limiting their processing in the future.
  • e)    ProfilingProfiling 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)    
    PseudonymisationPseudonymisation 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 processingController 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 for
    by Union or Member State law.
  • h)    ProcessorProcessor is a
    natural or legal person, public authority, agency or other body which
    processes personal data on behalf of the controller.
  • i)     
    RecipientRecipient is a natural or legal person, public authority, agency
    or another body, to which the personal data are disclosed, whether a third
    party or not. However, public authorities which may receive personal data
    in the framework of a particular inquiry in accordance with Union or
    Member State law shall not be regarded as recipients; the processing of
    those data by those public authorities shall be in compliance with the
    applicable data protection rules according to the purposes of the
    processing.
  • j)      Third partyThird
    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.
  • k)    ConsentConsent 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:

toBrain GmbH

Steingasse 27

79227 Freiburg

Germany

Phone: +49 761 66915

Email: privacy@tobrain.org

Website: www.tobrain.org

3. Cookies

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

Many Internet sites 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 Internet sites and servers to differentiate the individual browser
of the dats subject from other Internet browsers that contain other cookies. A
specific Internet browser can be recognized and identified using the unique
cookie ID.

Through the use of cookies, the toBrain GmbH 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
optimized with the user in mind. Cookies allow us, as previously mentioned, to
recognize our website users. The purpose of this recognition is to make it
easier for users to utilize our website. The website user that uses cookies,
e.g. does not have to enter access data each time the website is accessed,
because this is taken over by the website, and the cookie is thus stored on the
user’s computer system. Another example is the cookie of a shopping cart in an
online shop. The online store remembers the articles that a customer has placed
in the virtual shopping cart via 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 the toBrain GmbH 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, (5) the date and time
of access to the Internet site, (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, the toBrain GmbH does not
draw any conclusions about the data subject. Rather, this information is needed
to (1) deliver the content of our website correctly, (2) optimize the content
of our website as well as its advertisement, (3) ensure the long-term viability
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, the toBrain GmbH analyzes
anonymously collected data and information statistically, with the aim of
increasing the data protection and data security of our enterprise, and 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. 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 other legislators in laws
or regulations to which the controller is subject to.

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

6. Rights of the data subject

  • a) Right of confirmationEach 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 avail himself
    of this right of confirmation, he or she may, at any time, contact any
    employee of the controller.
  • b) Right of accessEach data subject shall have
    the right granted by the European legislator to obtain from the controller
    free information about his or her personal data stored at any time and a
    copy of this information. Furthermore, the European directives and
    regulations grant the data subject access to the following information:

    • the purposes of the processing;
    • the categories of personal data concerned;
    • the recipients or categories of recipients to
      whom the personal data have been or will be disclosed, in particular
      recipients in third countries or international organisations;
    • where possible, the envisaged period for which
      the personal data will be stored, or, if not possible, the criteria used
      to determine that period;
    • 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;
    • the existence of the right to lodge a complaint
      with a supervisory authority;
    • where the personal data are not collected from
      the data subject, any available information as to their source;
    • the existence of automated decision-making,
      including profiling, referred to in Article 22(1) and (4) of the GDPR
      and, at least in those cases, meaningful information about the logic
      involved, as well as the significance and envisaged consequences of such
      processing for the data subject.

Furthermore, the data subject
shall have a 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
avail himself of this right of access, he or she may, at any time, contact any
employee of the controller.

  • c) Right to rectificationEach 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 have the right to have incomplete
    personal data 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, and the controller shall have the obligation to
    erase personal data without undue delay where one of the following grounds
    applies, as long as the processing is not necessary:

    • The personal data are no longer necessary in
      relation to the purposes for which they were collected or otherwise
      processed.
    • The data subject withdraws consent to which the
      processing is based according to point (a) of Article 6(1) of the GDPR,
      or point (a) of Article 9(2) of the GDPR, and where there is no other
      legal ground for the processing.
    • The data subject objects to the processing
      pursuant to Article 21(1) of the GDPR and there are no overriding
      legitimate grounds for the processing, or the data subject objects to the
      processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been unlawfully
      processed.
    • The personal data must be erased for compliance
      with a legal obligation in Union or Member State law to which the controller
      is subject.
    • The personal data have been collected in
      relation to the offer of information society services referred to in
      Article 8(1) of the GDPR.

If one of the aforementioned
reasons applies, and a data subject wishes to request the erasure of personal
data stored by the toBrain GmbH, he or she may, at any time, contact any
employee of the controller. An employee of toBrain GmbH shall promptly ensure
that the erasure request is complied with immediately.Where the controller has
made personal data public and is obliged pursuant to Article 17(1) to erase the
personal data, the controller, taking account of available technology and the
cost of implementation, shall take reasonable steps, including technical
measures, 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.
An employees of the toBrain GmbH will arrange the necessary measures in
individual cases.

  • e) Right of restriction of processingEach 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:

    • The accuracy of the personal data is contested
      by the data subject, for a period enabling the controller to verify the
      accuracy of the personal data.
    • The processing is unlawful and the data subject
      opposes the erasure of the personal data and requests instead the
      restriction of their use instead.
    • The controller no longer needs the personal data
      for the purposes of the processing, but they are required by the data
      subject for the establishment, exercise or defence of legal claims.
    • The data subject has objected to processing
      pursuant to Article 21(1) of the GDPR pending the verification whether
      the legitimate grounds of the controller override those of the data
      subject.

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 the toBrain GmbH, he or she may at any
time contact any employee of the controller. The employee of the toBrain GmbH
will arrange the restriction of the processing.

  • f) Right to data portabilityEach data subject
    shall have the right granted by the European legislator, to receive the
    personal data concerning him or her, which was provided to a controller,
    in a structured, commonly used and machine-readable format. He or she
    shall 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
    the toBrain GmbH.
  • g) Right to objectEach 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.The toBrain GmbH 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 for the establishment, exercise or
    defence of legal claims.If the toBrain GmbH processes personal data for
    direct marketing purposes, the data subject shall have the right to object
    at any time to processing of personal data concerning him or her for such
    marketing. This applies to profiling to the extent that it is related to
    such direct marketing. If the data subject objects to the toBrain GmbH to
    the processing for direct marketing purposes, the toBrain GmbH 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 processing of personal data concerning him or her
    by the toBrain GmbH 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 contact any employee of the toBrain GmbH. 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 profilingEach 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 is necessary for entering into, or the
    performance of, a contract between the data subject and a data controller,
    or (2) is not 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 not based on the data subject’s explicit consent.If the decision
    (1) is necessary for entering into, or the performance of, a contract
    between the data subject and a data controller, or (2) it is based on the
    data subject’s explicit consent, the toBrain GmbH shall implement suitable
    measures to safeguard the data subject’s rights and freedoms and legitimate
    interests, at least the right to obtain human intervention on the part of
    the controller, to express his or her point of view and contest the
    decision.If the data subject wishes to exercise the rights concerning
    automated individual decision-making, he or she may, at any time, contact
    any employee of the toBrain GmbH.
  • i) Right to withdraw data protection consentEach
    data subject shall have the right granted by the European legislator to
    withdraw his or her consent to 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 toBrain
    GmbH.

7. 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 include the creation of 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 person lives outside of the United States
or Canada, the controller is the 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 Internet website,
which is operated by the controller and into which a Facebook component
(Facebook plug-ins) was integrated, the web browser on the information
technology system of the data subject is automatically prompted to download
display of the corresponding Facebook component from Facebook through the
Facebook component. An overview of all the Facebook Plug-ins may be accessed
under https://developers.facebook.com/docs/plugins/. During the course of this
technical procedure, Facebook is made aware of what specific sub-site of our
website was 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 Internet site—which specific sub-site of
our Internet page 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. 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 the 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 protection guideline published by Facebook, which is available at
https://facebook.com/about/privacy/, provides information about the collection,
processing and use of personal data by Facebook. In addition, it is explained
there what setting options Facebook offers to protect the privacy of the data
subject. In addition, different configuration options are made available to
allow the elimination of data transmission to Facebook. These applications may
be used by the data subject to eliminate a data transmission to Facebook.

8. 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, UNITED STATES. For privacy matters outside of
the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton
Place, Dublin 2, Ireland, is responsible.

With each call-up to one of the individual pages of this Internet site,
which is operated by the controller and on which a LinkedIn component (LinkedIn
plug-in) was integrated, the Internet browser on the information technology
system of the data subject is automatically prompted to the download of a
display of the corresponding LinkedIn component of LinkedIn. Further
information about the LinkedIn plug-in may be accessed under
https://developer.linkedin.com/plugins. During the course of this technical
procedure, LinkedIn gains knowledge of what specific sub-page of our website
was 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 Internet site—which specific sub-page of
our Internet page 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. If the data subject clicks on one of the
LinkedIn buttons integrated on our website, then LinkedIn assigns this
information to the personal LinkedIn user account of the data subject and
stores the personal data.

LinkedIn receives information via the LinkedIn component that the data
subject has visited our website, provided that the data subject is logged in at
LinkedIn at the time of the call-up to our website. This occurs regardless of
whether the person clicks on the LinkedIn button 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 Eire, Google Analytics, BlueKai, DoubleClick, Nielsen,
Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under
https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for
LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The
LinkedIn Cookie Policy is available under
https://www.linkedin.com/legal/cookie-policy.

9. Data protection provisions
about the application and use of Xing

On this website, the controller has integrated components of XING. XING is
an Internet-based social network that enables users to connect with existing
business contacts and to create new business contacts. The individual users can
create a personal profile of themselves at XING. Companies may, e.g. create
company profiles or publish jobs on XING.

The operating company of XING is XING SE, Dammtorstraße 30, 20354 Hamburg,
Germany.

With each call-up to one of the individual pages of this Internet site,
which is operated by the controller and on which a XING component (XING
plug-in) was integrated, the Internet browser on the information technology
system of the data subject is automatically prompted to download a display of
the corresponding XING component of XING. Further information about the XING
plug-in the may be accessed under https://dev.xing.com/plugins. During the
course of this technical procedure, XING gains knowledge of what specific
sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on XING, XING detects
with every call-up to our website by the data subject—and for the entire
duration of their stay on our Internet site—which specific sub-page of our
Internet page was visited by the data subject. This information is collected
through the XING component and associated with the respective XING account of
the data subject. If the data subject clicks on the XING button integrated on our
Internet site, e.g. the “Share”-button, then XING assigns this
information to the personal XING user account of the data subject and stores
the personal data.

XING receives information via the XING component that the data subject has
visited our website, provided that the data subject is logged in at XING at the
time of the call to our website. This occurs regardless of whether the person
clicks on the XING component or not. If such a transmission of information to
XING is not desirable for the data subject, then he or she can prevent this by
logging off from their XING account before a call-up to our website is made.

The data protection provisions published by XING, which is available under
https://www.xing.com/privacy, provide information on the collection, processing
and use of personal data by XING. In addition, XING has published privacy
notices for the XING share button under
https://www.xing.com/app/share?op=data_protection.


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

We use the hcaptcha tool from Intuition Machines, Inc., 350 Alabama St, San Francisco, as part of our legitimate interest in a technically flawless online offer and its economically efficient design and optimization in accordance with Article 6 (1) (f) GDPR. CA 94110, United States.

The hcaptcha service checks whether the input on our website was made by a human or abusively by automated, machine processing and is therefore used in particular in connection with forms. The hcaptcha service uses the following data to ensure that an action is carried out by a human and not by an automated bot: IP address of the device used, identification data of the browser and operating system type used, date and duration of the visit and user behavior , e.g. B. mouse movements or other queries. The procedure serves exclusively to ward off spam, DDoS attacks and similar automated malicious access.

This may result in your data being transferred to the USA. We have concluded an order processing contract with Intuition Machines, Inc., according to which Intuition Machines, Inc. only processes your data according to our instructions. This AVV also stipulates that the data will only be transferred to the USA by Intuition Machines, Inc. within the framework of the standard contractual clauses.

For more information on how hcaptcha uses your data, please see Intuition Machines, Inc.’s privacy policy: https://www.hcaptcha.com/privacy.

11. Legal basis for the
processing

Art. 6(1) lit. a 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 are necessary for the supply of goods or to provide any other
service, the processing is based on Article 6(1) lit. b 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. Is our company subject to a legal obligation by which
processing of personal data is required, such as for the fulfillment of tax
obligations, the processing is based on Art. 6(1) lit. c 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 name, age, health insurance
data or other vital information would have to be passed on to a doctor,
hospital or other third party. Then the processing would be based on Art. 6(1)
lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit.
f GDPR. This legal basis is used for processing operations which are not
covered by any of the abovementioned 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. He considered
that a legitimate interest could be assumed if the data subject is a client of
the controller (Recital 47 Sentence 2 GDPR).

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

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

13. 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 fulfillment of the contract or the initiation of a contract.

14. Provision of personal data
as 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 clarify that the provision of personal data is partly required by law
(e.g. tax regulations) or can also result from contractual provisions (e.g.
information on the contractual partner). Sometimes it may be necessary to
conclude a contract that the data subject provides us with personal data, which
must subsequently be processed by us. The data subject is, for example, obliged
to provide us with personal data when our company signs 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 personal data is
provided by the data subject, the data subject must contact any employee. The
employee clarifies 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 the
consequences of non-provision of the personal data.

15. Existence of automated
decision-making

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

This Privacy Policy has been generated by the Privacy Policy Generator of
the German Association for Data Protection that was developed in cooperation
with Privacy Lawyers from WILDE BEUGER SOLMECKE,
Cologne.