Data protection

Data privacy statement

Any collection, processing and use (hereinafter “use”) of data is solely for the purpose of providing our services. Our services have been designed to use as little personal information as possible. For that matter, “personal data” is understood as all individual details about a person or factual circumstances of an identifiable natural person (so-called “affected person”). The following statements on data protection describe what types of data are collected when accessing our website, what happens with these data and how you may object to data usage.

1. General information on data processing

1.1 Person Responsible (Controller)

Responsible within the meaning of the EU General Data Protection Regulation (GDPR) and the new Federal Data Protection Act (BDSG) is:

Circle Eleven GmbH
Address: Stadthausbrücke 5, 20355 Hamburg, Germany
Phone: +49 (0) 40 796 85 11-0
Email: info@circleeleven.com
Homepage: https://circleeleven.com/

1.2 Name and address of the Data Protection Officer

The data protection officer is Anna Tiede of WS Datenschutz GmbH.

If you have questions about data protection, you can contact WS Datenschutz GmbH at the following email address: circleeleven@ws-datenschutz.de

WS Datenschutz GmbH
Dircksenstraße 51
D-10178 Berlin
https://webersohnundscholtz.de

1.3 Protection of your data

We have taken technical and organizational measures to ensure that the requirements of the EU General Data Protection Regulation (GDPR) are met by us, as well as, by external service providers working for us.

If we work with other companies to provide our services, such as email and server providers, this will only be done after an extensive selection process. In this selection process, each individual service provider is carefully selected for its suitability in terms of technical and organizational data protection skills. This selection procedure will be documented in writing and an agreement on the order processing of data (data processing agreement) will only be concluded if the third party complies with the requirements of Art. 28 GDPR.

Your information will be stored on specially protected servers. Access to it is only possible for a few specially authorized persons. Our website is SSL/TLS encrypted, as can be seen by the https:// at the start of our URL.

1.4 Erasure of personal data

We process personal data only if necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.

2. Use of data on this website and in logfiles

2.1 Scope of processing personal data

When visiting our website, our web servers temporarily store every access in a log file. The following data is collected and stored until automated erasure:

• IP-address of the requesting computer
• Date and time of access
• Name and URL of the retrieved file
• Transmitted amount of data
• Message if the retrieval was successful
• Detection data of the browser and operating system used
• Website from which access is made
• Name of your Internet access provider

Our website uses the services of the hosting provider 1&1. The data processing is carried out by: 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur.

For additional information, please refer to the privacy policy of 1&1: https://www.ionos.de/terms-gtc/terms-privacy/

2.2 Legal basis for processing personal data

The legal basis for the temporary storage of the data and log files is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interest is to make our website accessible for you.

2.3 Purpose of data processing

The processing of this data serves: the purpose of enabling the use of the website (connection establishment), system security, the technical administration of the network infrastructure, as well as to optimize the website. The IP address is evaluated only in case of attacks on our network infrastructure or the network infrastructure of our internet provider.

2.4 Duration of storage

As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out. This happens as soon as you close our website. Our hosting service might use data for statistical purposes. The data will be deleted by the hosting service provider as soon as the purpose of the processing has been fulfilled and no legal or contractual regulations prevent deletion.

2.5 Right of objection and erasure

The data processing is necessary in order to present the website and to ensure the website’s operation. Therefore, objecting is impossible.

In addition to the right of access, you also have a right to rectification of the personal data stored about you, a right to erasure, a right to blocking and a right to transfer your data.

Furthermore, you can object to this processing at any time by contacting us or the 1&1 data protection officer. If you wish to exercise any of these rights, you can contact 1&1’s data protection officer at the above address or send an e-mail to datenschutz@ionos.de

3. Use of cookies

3.1 Description and scope of data processing

Our website uses cookies. This means that when using the website, cookies are stored on your computer. Cookies are small text files which are assigned to the browser you are using and which are stored on your hard drive. Through this information flows to us or the party who set the cookie. Cookies cannot run programs on or transmit viruses to your computer. They are used to analyze the use of our website in anonymized or pseudonymized form and to enable personalized advertisements on this website. The following data may be transmitted:

• Frequency of website visits
• Which functions of the website are used by you
• Your cookie-settings
• Language settings

Upon entering our website, a cookie banner informs you about the use of cookies on this website and asks for your consent to the use of cookies. Also, you are pointed to the data privacy statement of this website.

3.2 Legal basis for data processing

The legal basis for the processing of data by cookies, which do not only serve the functionality of our website, is Art. 6 para. 1 s. 1 lit. a) GDPR.

The legal basis for the processing of data for cookies, which serve only the functionality of this website, is Art. 6 para. 1 s. 1 lit. f) GDPR.

3.3 Purpose of data processing

Our legitimate interests are to provide you with a working website connection and to ensure a comfortable use of this website. Also, we need to process your personal data to solve occurring safety and security issues, as well as to ensure system stability.

The data processing takes place to make a statistical evaluation of our website possible.

3.4 Duration of storage

This website uses the following types of cookies. The extend and function of each are being explained below:

• Transient cookies (see a)
• Persistent cookies (see b)

a) Transient cookies are automatically deleted when you close the browser. This is especially true for session cookies which store your session ID, with which various requests from your browser can be assigned to your session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.
b) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.
The data will only be stored for as long as is necessary for the review, unless legal regulations require the data to be stored for longer. Borlaps will delete your consent after 6 months.

3.5 Right to objection and erasure

You have the possibility to revoke your consent to the data processing by means of cookies, which do not only serve the functionality of the website. In addition, we do not set cookies until you have agreed to set cookies when you visit the site. In this way, you can prevent data processing via cookies on our website.

You can revoke the consent given via our Borlabs consent banner by deleting the corresponding cookie called ‘borlaps-cookie’.

You can also delete the cookies in your browser’s security settings at any time. Please note that you may not be able to use all the features of this website. The setting of cookies can also be prevented at any time by appropriate settings in your internet browser.

3.6 Borlabs

Borlabs serves the practical implementation of the GDPR and other data protection law with regard to the use of cookies on our website and the integration of analysis tools by means of consent. If you give your consent via the cookie banner, the following data will be processed

• Your IP address
• Details of your consent
• URL of the consent website
• Date and time of consent
• Date and time of the last page access

This data is processed on the basis of Art. 6 para. 1 sentence 1 lit. c) GDPR.
The data processing is carried out by: Borlabs GmbH, Rübenkamp 32, 22305 Hamburg, Germany.

Further information on data processing can be found at: https://de.borlabs.io/datenschutz/

4. Contact

4.1 Description and scope of data processing

Via our website it is possible to contact us via e-mail or via contact form. This will require different data to answer the request, which will be automatically saved for processing. The following data are required to process your request:

• E-mail-address
• Subject
Furthermore, you can enter the following data optionally:
• Your Name
• Message

Your data will not be passed on to third parties, unless you have given your consent.

4.2 Legal basis for data processing

The legal basis depends on Art. 6 para. 1 s. 1 lit. b) GDPR.

4.3 Purpose of data processing

The processing of personal data from the input form is used solely handling the contact request.

4.4 Duration of storage

The data will be deleted as soon as we answer your request. There might occur rare cases when legal or contractual retention periods interfere with the erasure of your personal data. In this case your data will be deleted after these periods.

4.5 Right to objection and erasure

The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us, they can object to storage of their personal data at any time. In such cases, the conversation cannot be continued. All personal data that has been stored in the course of the contact will be deleted.

5. Investor portal

5.1 Description and scope of data processing

In order to use the investor portal on our website with all its functions, it is necessary to enter your e-mail address and your password, which you have received from us.

Our investor portal uses the services of AssetMetrix GmbH, Theresienhöhe 13, 80339 Munich for both hosting and functions of the portal.
You can find additional information in AssetMetrix’s privacy policy: https://www.asset-metrix.com/privacy-notice

The investor portal is used to provide you with our asset management services.
When using the portal for asset management, the following personal data may be processed

• Personal details (name, address, telephone number, email address, date and place of birth, nationality)
• Identification data (e.g. ID card data)
• Authentication data (e.g. signatures)
• Order data
• Contract data
• Financial information (creditworthiness data, scoring/rating data, origin of assets)
• Consultancy protocols
• Register and tax data
• Usage data

Further information on the use of your data by us in the context of asset management can be found in your contractual documents. Depending on the relationship, different legal obligations (e.g. under the Money Laundering Act) are triggered and then also purpose-related data is processed in the investor portal.

5.2 Legal basis for data processing

If you provide personal registration data that is part of the mandatory field input masks, the data processing is based on Art. 6 para. 1 sentence 1 lit. b) GDPR. If we process data due to a legal obligation, the data processing is based on Art. 6 para. 1 lit. c) GDPR.

5.3 Purpose of data processing

We process your data for the purpose of granting you access to our investor portal with all its possibilities. In some cases, your data is processed in order to fulfil legal obligations in the context of asset management.

5.4 Duration of storage

The data are deleted as soon as the purpose of storage is no longer required. This is the case if you delete your account and no statutory or regulatory retention periods of erasure contradict.

5.5 Right to objection and erasure

During and after the registration, the data subject is free to change, correct or delete their personal data.

5.6 Mailgun

5.6.1 Description and scope of data processing

Our system emails are being sent by “Mailgun“, an email service provider. The personal data is being processed by: Mailgun Technologies, Inc., 548 Market St. #43099, San Francisco, CA 94104, USA.

Mailgun processes our and your email address, the email subject and the IP address of our website as so-called message metadata. As Mailgun is sending the email it also processes the email body itself.

We trust in the reliability and the IT and data security of Mailgun. We have signed a data processing agreement with Mailgun. In this agreement Mailgun commits to protect the data of our users, to process this data according to its regulations and to not share with unauthorized third parties. You can view the privacy policy of Mailgun here: https://www.mailgun.com/privacy-policy

5.6.2. Legal basis for data processing

This data processing is legally based on Art. 6 para. 1 s. 1 lit. f) GDPR. We send these emails to confirm your registration and to facilitate the verification of your registration within the same media and in a timely manner.

5.6.3 Purpose of data processing

We use Mailgun as a processor to ensure an efficient management of our system emails.

5.6.4 Duration of storage

Mailgun declares to store the personal data described above as message metadata for 30 days to facilitate troubleshooting processing and delivery issues. Message bodies are being stored for up to 72 hours to attempt to re-deliver messages that could not be delivered on the first attempt.

5.6.5 Right to objection and erasure

The data processing is necessary in order to maintain full functionality of registering on our website. Therefore, objecting is impossible.

6 Data processing for applications

6.1 Description and scope of data processing

If you apply to position with us, personal data will be processed for this purpose and stored for further processing for the respective application procedure. The following categories of data are primarily processed as part of the application process:

• Contact details
• Address data
• Curriculum vitae
• Certificates and degrees
• Letter of Motivation

6.2 Legal basis for data processing

Data processing will be based on Art. 88 GDPR and § 26 BDSG (2018).

6.3 Purpose of data processing

We process your data exclusively for the purpose of carrying out the application process.

6.4 Duration and storage

In case of successful application and employment, the personal data is stored in accordance with the legal requirements. In case of unsuccessful application, the data will be deleted in accordance with the rules of the local erasure concept. In doing so the provisions of the AGG (German Employment Law), especially the existing evidence pursuant to § 22 AGG, are taken into account.

This does not apply if we are obliged to any legal erasure periods or if you have given consent to store your data for further communication with us (e.g. we have another suitable job in the future). If you have given consent the legal basis for further storage of your data is Art. 6 para. 1 s. 1 lit. c) or lit. a) GDPR.

6.5 Right to objection and erasure

You can contact us at any time and object to further processing of your data. All personal data of the application process will be deleted in this case.

7. Newsletter

7.1 Description and scope of data processing

On our website visitors can subscribe to our newsletter. When subscribing to the newsletter, you will be asked to provide personal data for processing. This is the data that is requested in the newsletter registration form. Input fields marked with an “*” are mandatory fields:

• your email address

This data is necessary to send the newsletter to its recipients.

The newsletter will be sent via email only after the sign-up process is completed. In order to meet the requirements of the GDPR, we use DOI (Double Opt.-In). If you sign up for our newsletter, we will send a confirmation email to the address you provided us with. This email contains a confirmation link that you must click to complete the sign-up process. Following this procedure, the IP address, date and time of login are stored. This is done to prevent abuses. We won’t transfer the data to third parties.

7.2 Legal basis for data processing

This processing is legally based on Art. 6 para. 1 s.1 lit. a) GDPR, thus your consent. Existing customers may also receive our newsletter without having given their explicit consent. This is carried out only within the strict boundaries of § 7 para. 3 UWG (German Act against unfair Competition) and in accordance to Art. 95 GDPR. This equals the legal basis of Art. 6 para. 1 s.1 lit. f) GDPR. Our legitimate interests are to provide information about our products through promotional e-mails to our existing customers and thereby keep in contact with these customers.

7.3 Purpose of data processing

The newsletter has the functions of informing the affected parties about offers and news at a regular basis.

7.4 Duration of storage

We process personal data only as long as necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.

7.5 Right to objection and erasure

The consent to receiving the newsletter can be revoked by you at any time. For this purpose, you can click the integrated link in each newsletter to unsubscribe. It is also possible to inform us about the revocation of the consent in any other way, e.g. via mail or email.

7.6 Mailchimp

7.6.1 Description and scope of data processing

The newsletter is being sent by „Mailchimp“, an online marketing platform. The personal data is being processed by: Rocket Science Group, LLC, 675 Ponce De Leon Ave NE#5000, Atlanta, GA 30308, USA.

Note on data processing in the USA:

By subscribing to the newsletter, you consent in accordance with Art. 49 para. 1 sentence 1 lit. a) in conjunction with. Art. 6 para. 1 sentence 1 lit. a) GDPR that your data will be processed by our dispatch service provider in the USA. According to the ECJ, the data protection standard in the USA is inadequate and there is a risk that your data will be processed by the US authorities for control and monitoring purposes, possibly without the possibility of legal recourse. Any consent given can be revoked at any time.

The e-mail addresses of our newsletter recipients, as well as any other data described under the section newsletter, is being saved on servers of Mailchimp in the USA. Mailchimp uses this information on our behalf for our newsletter management (e.g. sending, reporting, …). According to Mailchimp they also allowed to use this information in order to provide, support and improve its services as well as their data analytics projects. Mailchimp does not use this information to contact our newsletters may contain a „web-beacon“, which is a pixel-sized file. When opening our newsletter this file is downloaded from Mailchimp’s servers and thus information such as whether the e-mail was delivered and opened and whether links within the e-mail were clicked are collected. Mailchimp can collect information such as IP address, browser, e-mail client type and other similar details. Technically this information can be matched to each newsletter recipient, but it is not in our or Mailchimp’s interest to monitor our users on a personal basis.

We trust in the reliability and the IT and data security of Mailchimp. Mailchimp participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss- U.S. Privacy Shield Framework and commits itself to comply with the regulations of the GDPR. We further have signed a data processing agreement with Mailchimp. In this agreement Mailchimp commits to protect the data of our users, to process this data according to its regulations and to not share with unauthorized third parties. You can view the privacy policy of Mailchimp here: https://Mailchimp.com/legal/privacy/

7.6.2 Legal basis for data processing

This data processing is legally based on Art 6 para. 1 s. 1 lit. a) GDPR.

7.6.3 Purpose of data processing

We use Mailchimp as our sub- processor to ensure an efficient management of our mailing list and to send newsletters to stay in touch with you.

7.6.4 Duration of storage

Mailchimp claims to keep your personal data only as long as we use it for sending newsletters. When we delete you from our mailing list, Mailchimp will delete this data as well.

7.6.5 Right to objection and erasure

You can revoke your given consent. You are free to use the „opt out“ link in the footer of each e-mail. If you do so, we will delete your e-mail address from our mailing list which in turn will prompt Mailchimp to stop processing your personal data. This will not have any effect on other mailing lists (e.g. by other companies)

8. Social media links

We have integrated social media platforms through into our services, which may result in the social media provider receiving data from you. If you click on the social media link, the website of the respective social media provider is loaded. By loading the website of the respective social media provider via our services, the respective reference data is transmitted to the respective social media provider. The social media provider thereby receives the information that you have visited us.

Note on data processing to the United States:

If you click on a social media link, data about you may be processed by the respective provider in the United States. According to the European Court of Justice, the data protection standard in the United States is not adequate and there is a risk that your data will be processed by the U.S. authorities for control and monitoring purposes, possibly also without any legal remedy. Provided that you do not click on the links of the social media providers, no data transfer takes place.

Further information on data processing by the social media providers can be found here:

LinkedIn: https://www.linkedin.com/legal/privacy-policy
XING: https://www.xing.com/privacy

We integrated social media platforms on our website via “plug-ins”, which may result in social media providers receiving data from you if necessary. We will break this down for you in the following.

9. Tracking and analytics

For the continuous improvement of our website we use the following tracking and analytics tools. Below you can find information on which personal data is processed in each case and how you can reach the respective service providers:

9.1 Google Analytics 4.0

9.1.1 Description and scope of data processing

Our website uses Google Analytics. This is a service for analyzing access to websites of Google Inc. (“Google”) and allows us to improve our website. Data processing for the European Economic Area and for Switzerland is carried out by:Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Cookies enable us to analyze your use of our website. The information collected may include

• IP address
• time of access
• duration of access
• From which website you came to our website
• Interaction on the website
• Demographic characteristics, if the website visitor is logged into their Google Account
• Device categories, browser type, operating system, screen resolution

and are transmitted to a Google server in the USA and stored there. The analysis of your activities on our website is transmitted to us in the form of reports. Google may pass on the information collected to third parties if this is required by law or if third parties process this data on behalf of Google. IP anonymization is carried out by Google by default and cannot be deactivated, so IP addresses are only processed further in abbreviated form in order to exclude any possible direct personal reference to you. You can find more information on the terms of use and data protection of Google Analytics at https://policies.google.com, https://support.google.com/analytics/answer/6004245?&ref_topic=2919631#zippy=%2Ccookies-und-kennzeichnungen-von-google-analytics, and https://support.google.com/analytics/answer/9019185?#zippy=%2Cthemen-in-diesem-artikel

9.1.2 Legal basis of data processing

The legal basis is your given consent, Art. 6 para 1 s. 1 lit. a) GDPR.

9.1.3 Purpose of data processing

By processing the data, we can analyze how our website is used, so we can improve it for our users.

9.1.4 Duration of storage

The data will be deleted 14 months after your last visit to our website.

9.1.5 Right to objection and erasure

You can withdraw your consent to data processing at any time with effect for the future. Please use our consent banner for this purpose. You can also prevent the installation of cookies from Google Analytics yourself by making the appropriate settings in your browser software. Google Analytics can also be deactivated and controlled using browser extensions, e.g. http://tools.google.com/dlpage/gaoptout

9.2 Google Tag Manager

9.2.1 Description and scope of data processing

Google Tag Manager is a solution that allows us to manage so-called website tags via an interface (and thus, for example, integrate Google marketing services into our online offer). The Tag Manager serves as a “manager” of the implemented tags. This allows us to centrally manage integrated Google products or other analysis tools on our website. The tags embedded on the website are referred to as sections of code that make it possible to track your activities on our website. By using our website, users download the Google Tag Manager, which automatically results in the user’s IP address being forwarded to Google With regard to the processing of personal data, please refer to the information on Google services. Data processing for the European Economic Area and Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

You can access the usage guidelines of the Google Tag Manager here: https://www.google.com/intl/de/tagmanager/use-policy.html

9.2.2 Legal basis for data processing

The legal basis for the processing of personal data is your consent pursuant to Art. 6 para. 1 s. 1 lit. a) GDPR.

9.2.3 Purpose of data processing

Google Tag Manger simplifies the management and organization of the analysis tools used for the website. In order to integrate an analysis tool, JavaScript codes must be integrated into the website. By using Google Tag Manger, it is possible for us to manage these embedded codes from one place.

9.2.4 Duration of storage

Since data storage is not carried out directly by Google Tag Manager, but the data is forwarded to the tracking tools, it is necessary to check with the individual embedded tracking tools how long the data is stored.

9.2.5 Right to objection and erasure

You have the option at any time to revoke a given consent to data processing with effect for the future. For this, you would have to contact the respective data protection officers of the tools. Further information regarding the management of your data can be found in the data protection statements of the tools used.

10. Other tools of third-party providers

We also use third-party providers to help us with the site’s appearance and functionality. These are listed below:

10.1 Font Awesome

10.1.1 Description and scope of data processing

We use web fonts provided by Font Awesome of Fonticon Inc. for uniform representation of fonts on the website.

Data processing for the European Economic Area and for Switzerland is carried out by: Fonticons, Inc.,6 Porter Road Apartment 3R, Cambridge, MA 02140, USA.

On our website we are using several typekits with behalf of Font Awesome. When you call up a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly. To do this, the browser you use must connect to Font Awesome’s servers. As a result, Font Awesome learns that our website has been accessed via your IP address.

According to own declarations, Font Awesome acts in respect to the European GDPR.

The terms of services of Font Awesome are accessible through https://fontawesome.com/tos. Find out more about privacy matters via https://fontawesome.com/privacy

10.1.2 Legal basis of data processing

The legal basis is Art. 6 para. 1 s. 1 lit. a) GDPR.

10.1.3 Purpose of data processing

We use web fonts provided by Font Awesome for uniform representation of fonts on the website. The reason for this is our interest to make our website vivid and user-friendly.

10.1.4 Duration of storage

10.1.5 Right to objection and erasure

In the settings of your browser, you can select to not download the fonts from servers of third parties. In this case, a default font which is already installed on your computer will be used.

Moreover, you can contact the data protection officer of Font Awesome by sending an E-Mail to privacy@fontawesome.com.

10.2 Google ReCaptcha

10.2.1 Description and scope of data processing

We use Google reCAPTCHA to protect us from excessive spam. This program is designed to ensure that the inquirer is a human and not an automated program.

Data processing for the European Economic Area and for Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Google automatically records the IP address, the access location and the time of access. In addition, the behavior of the website visitor is analyzed on the basis of various characteristics (e.g. time spent by the visitor on the website, mouse movements made, cookies stored in the browser history). This analysis by Google begins automatically as soon as you call up a page that uses Google reCAPTCHA, if you have previously consented to the use of Google reCAPTCHA.

Further information on the handling of personal data can be found in the Google privacy policy https://www.google.de/intl/de/policies/privacy, at https://policies.google.com/technologies/partner-sites and at https://www.google.com/recaptcha.

10.2.2 Legal basis of data processing

Data processing is based on your consent in accordance with Art. 6 para. 1 s. 1 lit. a) GDPR.

10.2.3 Purpose of data processing

Through Google reCAPTCHA, we ensure that there are natural persons with potential interest behind the requests. By limiting the number of inquiries in this way, we can respond to individual requests more quickly and more efficiently, and at the same time secure our website against automatically distributed malware.

10.2.4 Duration of storage

10.2.5 Right to objection and erasure

You have the option to withdraw your consent to data processing at any time, see Art. 7 GDPR. A withdrawal takes effect from the time at which it is expressed. The withdrawal will be effective for the future. For this purpose, please contact our data protection officer.

11. Data privacy statement regarding our social media appearances

11.1 Responsible persons with regard to joint control in social media

The Circle Eleven GmbH is maintaining appearances in the following social media:

• LinkedIn: https://de.linkedin.com/company/circle-eleven-gmbh
• XING: https://www.xing.com/pages/circleelevengmbh

Therefore, we use the services of:

• LinkedIn Ireland, Wilton Plaza, Wilton Place, Dublin 2, Ireland and LinkedIn Corporation, 1000 W. Maude Ave., Sunnyvale, California 94085, USA (“LinkedIn”)
• XING SE, Dammtorstraße 30, 20354 Hamburg, Deutschland („XING“)

Pursuant to judgement of the European Court of Justice the operators of social media sites and the operators of social media services act as joint controllers. (http://curia.europa.eu/juris/document/document.jsf?text=&docid=202543&pageIndex=0&doclang=DE&mode=req&dir=&occ=first&part=1&cid=298398).

We would like to point out that you use our social media appearances and its functions in your own authority. This applies especially to the use of interactive features such as commenting on posts, sharing of posts and rating posts. In case you do not want to use social media to inform yourself about our company you may also find the information published on our website.

11.2 Data protection officers

Our data protection officer is Anna Tiede of WS Datenschutz GmbH.

If you have questions about data protection, you can contact WS Datenschutz via the following email address:

circleeleven@ws-datenschutz.de
or by mail:
WS Datenschutz GmbH
Dircksenstraße 51
D-10178 Berlin

https://webersohnundscholtz.de

The data protection officer of the respective social media operator can be reached via the respective social media network:

The data privacy officer of LinkedIn can be reached via the following contact link: https://www.linkedin.com/help/linkedin/ask/TSO-DPO

The data privacy officer of XING can be reached via the following contact email: Datenschutzbeauftragter@xing.com

11.3 Data processing in social media with regard to the operators of social media

When visiting our social media appearances, the social media operators may collect personal data, such as your IP address and further information gathered using cookies. Personal data will be used to provide us with statistical feedback about the use of our social media appearance. The collected personal data will be processed by the social media operator and may be transferred to countries outside the European Union. The information the operator of the respective social network receives and how it is used is described in the privacy statements of each social network. You can also find their contact information there.

Further information can be found under the following links:

LinkedIn: https://www.linkedin.com/legal/privacy-policy

XING: https://www.xing.com/privacy, https://www.xing.com/app/share?op=data_protection

As it is not conclusively and clearly stated by the social media operators, it is unknown to us in what way the social media operators use data, gathered from visits to our social media site, for their own purposes, to what extent activities on the social media site are attributed to individual users, how long the operators store this data and whether data from the social media sites is shared with third parties.

When visiting our social media appearances, the IP address of your device will be disclosed to the operator of the social network. Social media networks additionally store information on their user’s devices so that they might be able to match IP addresses to individuals.

If you are currently logged in to the respective social network as a user, you will find a cookie with your individual identifier in this social network on your device. This will allow you to understand that you visited a page and how you used it. Based on this data content or advertising can be tailored to suit you.

If you want to avoid this, you should log out of the respective social network or deactivate the function “stay logged in”, delete the existing cookies on your device and stop and restart your browser. In this way, login information which you can be immediately identified by, will be deleted. This allows you to use our social media appearances without revealing your identifier. When you access interactive features of our social media appearance (like, comment, share, news, etc.), a login screen will appear. After logging in, you will be again recognizable as a specific user for the used social network.

For information on how to manage or delete existing information within the social media network, refer to the support pages listed above for each social network.

11.4 Data processing with regard to our social media appearances

11.4.1 Type and scope of data processing

We may process the information you provide to us via our social media appearances, including your username and content posted through your account, to react to your messages. In addition, your published posts, reviews and comments refer to your account in the respective social network. If you mention us using “@”, “#“ or other, this mention may be published in our social media appearance with regard to your user name. In this way data you published in a social media network may be included in our social media appearance in this network and thusly be accessible to other users of the respective social network. If you “like”, “follow” our social media appearance or interact with it in a similar way, we will be notified by the respective social media network with your username and link to your account.

We additionally do not collect and process any other data on your interaction with our social media appearance.

11.4.2 Legal basis of data processing

The legal basis for data processing is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interests are to provide information about our company and to keep in contact with our customers and prospective customers.

11.4.3 Purpose of data processing

We process personal data provided by you in this context exclusively for the purpose of customer communication and prospective customer communication. Our legitimate interest is to offer a platform where we can provide you with up-to-date information about our company and are able to quickly respond to your requests.

11.4.4 Duration of storage

Your data will be stored in accordance to the storage periods of the respective social media network and will be deleted whenever possible when cancelling a social media appearance.

12. Service providers from third countries

In order to be able to provide our services, we use the support of service providers from third party countries (non-EU countries). In order to ensure the protection of your personal data in this case, we conclude processing contracts with each – carefully selected – service provider. All of our processors provide sufficient guarantees to implement appropriate technical and organizational measures. Our third country data processors are either located in a country with an adequate level of data protection (Art. 45 GDPR) or provide appropriate safeguards (Art 46 GDPR).

Adequate level of protection: The provider comes from a country whose level of data protection has been recognized by the EU Commission. For more information, see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

EU standard contract clauses: Our provider has submitted to the EU standard contractual clauses to ensure secure data transfer. For more information, see: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?uri=CELEX%3A32021D0914&locale=en

Binding Corporate Rules: Article 47 of the GDPR provides the possibility of ensuring data protection when transferring data to a third country via Binding Corporate Rules. These are examined and approved by the data security authorities within the framework of the consistency mechanism pursuant to Art. 63 GDPR.

Consent: In addition, a data transfer to a third country without an adequate level of protection will only take place if you have given us your consent in accordance with Art. 49 sec. 1 lit. a) GDPR for this purpose.

13. Your rights

You have the following rights with respect to the personal data concerning you:

13.1 Right to withdraw a given consent (Art. 7 GDPR)

If you have given your consent to the processing of your data, you can withdraw it at any time. This will affect the admissibility of processing your personal data by us for the time after you have withdrawn your consent. To withdraw your consent, contact us personally or in written form.

13.2 Right of access (Art. 15 GDPR)

You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data and the following information:

• the purpose of processing;
• the categories of personal data concerned;
• the recipients or the categories of recipient to whom your personal data have been or will be disclosed, in particular recipients in countries outside of the EU or international organisations;
• where possible, the envisaged period for which your personal data will be stored, or, if not possible, the criteria used to determine that period;
• all available information on the source of your personal data;
• the existence of automated decision-making, including profiling, referred to Art. 22 para. 1 and 4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

In the case of such a request, you must provide enough information about your identity to proof that the request concerns your own personal data.

13.3 Right to rectification and erasure (Art. 16, 17 GDPR)

You have the right to obtain from us without undue delay the rectification and completion of inaccurate personal data concerning yourself.

You may also request the erasure of your personal data if any of the following applies to you:

• the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
• you withdraw consent on which the processing is based according to Art. 6 para. 1 s.1 lit. a) or Art. 9 para. 2 lit. a) GDPR, and where there is no other legal ground of processing;
• you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the you object to the processing pursuant to Art. 21 para. 2 GDPR;
• the personal data have been unlawfully processed;
• the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
• the personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1.

Where we made the personal data public and are obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

These rights shall not apply to the extent that processing is necessary:

• for exercising the right of freedom of expression and information;
• for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• for reasons of public interest in the area of public health in accordance of Art. 9 para. 2 lit. h) and i) as well as Art. 9 para. 3 GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
• for the establishment, exercise or defence of legal claims.

13.4 Right to restriction of processing (Art. 18 GDPR)

You shall have the right to obtain from us restriction of processing where one of the following applies:

• the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
• the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
• we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
• you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether our legitimate grounds override yours.

Where processing has been restricted under the aforementioned conditions, such personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the limitation of the processing is restricted, you will be informed by us before the restriction is lifted.

13.5 Right to information (Art. 19 GDPR)

If you have asserted us your right to rectification, erasure or restriction of data processing, we will inform all recipients of your personal data to correct, delete or restrict the processing of data, unless this proves impossible or involves disproportionate effort.

You also have the right to know which recipients have received your personal data.

13.6 Right to data portability (Art. 20 GDPR)

You have the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format. Also, you have the right to transmit those data to another controller, where

• the processing is based on consent pursuant of Art. 6 para. 1 s.1 lit. a) GDPR or of Art. 9 para. 2 lit. a) GDPR or is based on a contract pursuant of Art. 6 para. 1 s. 1 lit. b) DS-GVO; and
• the processing is carried out by automated means.

In exercising your right to data portability, you have the right to obtain that personal data transmitted directly from us to another controller, as far as technically feasible. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority that has been delegated to us.

13.7 Right to object (Art. 21 GDPR)

Where we based the processing of your personal data on a legitimate interest (Art. 6 para. 1 s. 1 lit. f) GDPR), you may object to the processing. The same applies if the data processing is based on Art. 6 para. 1 s. 1 lit. e).

In this case, we ask you to explain the reasons why we should not process your personal data. Based on this we will terminate or adapt the data processing or show you our legitimate reasons why we continue the data processing.

13.8 Right to lodge a complaint with supervisory authority (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the infringes of the GDPR.

The supervisory authority to which the complaint has been submitted shall inform you of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.

14. How you perceive these rights

To exercise these rights, please contact our data protection officer Anna Tiede from Webersohn & Scholtz GmbH

circleeleven@ws-datenschutz.de

or by mail:

WS Datenschutz GmbH
Dircksenstraße 51
D-10178 Berlin

15. Subject to change

We reserve the right to change this privacy policy in compliance with legal requirements.

July 2024