Privacy Policy

We are delighted that you have taken an interest in our company. Data protection is a top priority for the management of Aviation Broker GmbH. In principle, it is possible to use the Aviation Broker GmbH website without providing any personal data. However, should a data subject wish to make use of specific services offered by our company via our website, the processing of personal data may be necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally seek the consent of the data subject.

The processing of personal data – such as a data subject’s name, address, email address or telephone number – is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to Aviation Broker GmbH. Through this privacy policy, our company aims to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of their rights.

As the data controller, Aviation Broker GmbH has implemented numerous technical and organisational measures to ensure the most comprehensive possible protection of the personal data processed via this website. Nevertheless, internet-based data transmissions may, in principle, be subject to security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, any data subject is free to provide us with personal data via alternative means, such as by telephone.

1. Definitions

Aviation Broker GmbH’s Privacy Policy is based on the terminology used by the European legislators when enacting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

In this Privacy Policy, we use the following terms, amongst others:

• a) personal data

  Personal data is any information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’). A natural person is considered identifiable if they 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 one or more specific characteristics that reflect the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• b) data subject

  A data subject is any identified or identifiable natural person whose personal data is processed by the data controller.

• c) processing

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

• d) Restriction of processing

  Restriction of processing means the marking of stored personal data with the aim of restricting its future processing.

• e) Profiling

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

• f) Pseudonymisation

  Pseudonymisation means the processing of personal data in such a way 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 that ensure the personal data is not attributed to an identified or identifiable natural person.

• g) Data controller

  The controller 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 law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.

• h) Data processor

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

• i) Recipient

  A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, irrespective of whether they are a third party or not. However, public authorities which may receive personal data in the course of a specific investigation under Union law or the law of the Member States shall not be regarded as recipients.

• j) Third party

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

• k) Consent

  Consent means 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 data controller

The data controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions relating to data protection is:

Aviation Broker GmbH

Hochstr. 48

60313 Frankfurt am Main

Germany

Tel.: 06920174010

Email: service@aviation-broker.com

Website: https://aviation-broker.com

3. Cookies

The Aviation Broker GmbH website uses cookies. Cookies are text files that are placed and stored on a computer system via a web browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that enables websites and servers to be associated with the specific web browser in which the cookie was stored. This allows the websites and servers visited to distinguish the data subject’s individual browser from other web browsers that contain different cookies. A specific web browser can be recognised and identified via the unique cookie ID.

By using cookies, Aviation Broker GmbH can provide users of this website with more user-friendly services that would not be possible without setting cookies.

Cookies enable us to optimise the information and content on our website to suit the user’s needs. As mentioned above, cookies allow us to recognise users of our website. The purpose of this recognition is to make it easier for users to navigate our website. For example, a user of a website that uses cookies does not have to re-enter their login details every time they visit the website, as this is handled by the website and the cookie stored on the user’s computer system. Another example is the shopping basket cookie in an online shop. The online shop uses a cookie to remember the items a customer has placed in their virtual shopping basket.

The data subject may prevent our website from setting cookies at any time by adjusting the settings of their web browser, thereby permanently objecting to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programmes. This is possible in all common web browsers. If the data subject disables the setting of cookies in the web browser they are using, it may not be possible to make full use of all the functions of our website.

4. Collection of general data and information

The Aviation Broker GmbH website collects a range of general data and information each time a data subject or an automated system accesses the website. This general data and information is stored in the server’s log files. The following may be recorded: (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 (known as the referrer), (4) the sub-pages on our website accessed 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) other similar data and information used for security purposes in the event of attacks on our information technology systems.

Aviation Broker GmbH does not draw any conclusions about the data subject when using this general data and information. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) to optimise the content of our website and the advertising displayed on it, (3) to ensure the long-term functionality of our information technology systems and the technology underlying our website, and (4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. This anonymously collected data and information is therefore analysed by Aviation Broker GmbH, on the one hand, for statistical purposes and, on the other, with the aim of enhancing data protection and data security within our company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files is stored separately from any personal data provided by a data subject.

5. Contact options via the website

In accordance with legal requirements, the Aviation Broker GmbH website contains details that enable you to contact our company quickly by electronic means and to communicate directly with us, including a general email address. If a data subject contacts the data controller by email or via a contact form, the personal data transmitted by the data subject is stored automatically. Such personal data, provided voluntarily by a data subject to the data controller, is stored for the purposes of processing the enquiry or contacting the data subject. This personal data is not disclosed to third parties.

6. Comment function on the website’s blog

Aviation Broker GmbH offers users the opportunity to leave individual comments on specific blog posts via a blog located on the data controller’s website. A blog is a portal hosted on a website, usually accessible to the public, where one or more people – known as bloggers or web bloggers – can post articles or record their thoughts in so-called blog posts. These blog posts can usually be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, details of the time the comment was submitted and the username (pseudonym) chosen by the data subject are also stored and published. Furthermore, the IP address assigned by the data subject’s Internet Service Provider (ISP) is also logged. This IP address is stored for security reasons and in the event that the data subject infringes the rights of third parties through a comment they have posted or publishes unlawful content. The storage of this personal data is therefore in the data controller’s own interest, so that the data controller may, if necessary, exonerate themselves in the event of a legal infringement. This personal data collected is not disclosed to third parties, unless such disclosure is required by law or serves to defend the controller’s legal rights.

7. Routine erasure and restriction of personal data

The data controller processes and stores the data subject’s personal data only for the period necessary to fulfil the purpose of storage, or where this is provided for by the European legislator or another competent legislator in laws or regulations to which the data controller is subject.

If the purpose of storage ceases to apply or if a retention period prescribed by the European legislative bodies or another competent legislator expires, the personal data shall be routinely blocked or erased in accordance with statutory provisions.

8. Rights of the data subject

• a) Right to confirmation

  Every data subject has the right, as granted by the European legislator, to request confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact a member of staff of the data controller at any time.

• b) Right of access

  Every data subject affected by the processing of personal data has the right, as granted by the European legislator, to obtain from the data controller, free of charge, information at any time regarding the personal data stored about them and a copy of that information. Furthermore, the European legislative authorities have granted the data subject the right to be provided with the following information:

  • the purposes of the processing
  • the categories of personal data being processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular where recipients are in third countries or are international organisations
  • where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
  • the existence of a right to have personal data concerning them rectified or erased, or to have processing restricted by the controller, or a right to object to such processing
  • the existence of a 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 the source of the data
  • the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and — at least in such cases — meaningful information about the logic involved, as well as the significance and the intended consequences of such processing for the data subject

  Furthermore, the data subject has the right to be informed as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject is also entitled to receive information on the appropriate safeguards in connection with the transfer.

  If a data subject wishes to exercise this right of access, they may contact a member of staff of the data controller at any time.

• c) Right to rectification

  Any data subject affected by the processing of personal data has the right, as granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed — including by means of a supplementary statement.

  If a data subject wishes to exercise this right to rectification, they may contact a member of staff of the controller at any time.

• d) Right to erasure (right to be forgotten)

  Any data subject affected by the processing of personal data has the right, as granted by the European legislator, to request that the controller erase personal data concerning them without delay, provided that one of the following grounds applies and insofar as the processing is not necessary:

  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws their consent on which the processing was based pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing in accordance with Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2) of the GDPR.
  • The personal data has been processed unlawfully.
  • The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data was collected in relation to information society services offered in accordance with Article 8(1) of the GDPR.

  If any of the above grounds apply and a data subject wishes to request the erasure of personal data stored by Aviation Broker GmbH, they may contact a member of staff of the data controller at any time. The member of staff at Aviation Broker GmbH will ensure that the request for erasure is complied with without delay.

  If the personal data has been made public by Aviation Broker GmbH and our company, as the controller, is obliged to erase the personal data in accordance with Article 17(1) of the GDPR, Aviation Broker GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the costs of implementation, to ensure that other data controllers processing the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or any copies or replicas of this personal data, insofar as the processing is not necessary. The employee of Aviation Broker GmbH will take the necessary steps on a case-by-case basis.

• e) Right to restriction of processing

  Any data subject affected by the processing of personal data has the right, granted by the European legislator, to request that the controller restrict processing if any of the following conditions are met:

  • The data subject disputes the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data.
  • The processing is unlawful; the data subject objects to the erasure of the personal data and instead requests that the use of the personal data be restricted.
  • The controller no longer requires the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise or defence of legal claims.
  • The data subject has objected to the processing in accordance with Article 21(1) of the GDPR, and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.

  If any of the above conditions are met and a data subject wishes to request the restriction of personal data stored by Aviation Broker GmbH, they may contact a member of staff of the data controller at any time. The member of staff at Aviation Broker GmbH will arrange for the processing to be restricted.

• f) Right to data portability

  Any data subject affected by the processing of personal data has the right, as granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another data controller without hindrance from the data controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, provided that 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, when exercising their right to data portability under Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, in so far as this is technically feasible and provided that this does not adversely affect the rights and freedoms of others.

  To exercise the right to data portability, the data subject may contact a member of staff at Aviation Broker GmbH at any time.

• g) Right to object

  Any data subject affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, to object at any time to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

  In the event of an objection, Aviation Broker GmbH will no longer process the personal data, 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 necessary for the establishment, exercise or defence of legal claims.

  Where Aviation Broker GmbH processes personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purposes of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Aviation Broker GmbH regarding processing for direct marketing purposes, Aviation Broker GmbH will no longer process the personal data for these purposes.

  Furthermore, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them carried out by Aviation Broker GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

  To exercise the right to object, the data subject may contact any member of staff at Aviation Broker GmbH or another member of staff directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications.

• h) Automated individual decision-making, including profiling

  Any data subject affected by the processing of personal data has the right, as granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject, and such law provides for appropriate measures to safeguard the data subject’s rights and freedoms as well as their legitimate interests; or (3) is based on the data subject’s explicit consent.

  If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, Aviation Broker GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

  If the data subject wishes to exercise rights in relation to automated decisions, they may contact a member of staff of the data controller at any time.

• i) Right to withdraw consent to data processing

  Any data subject affected by the processing of personal data has the right, as granted by European legislation (directives and regulations), to withdraw their consent to the processing of personal data at any time.

  If the data subject wishes to exercise their right to withdraw consent, they may contact a member of staff of the data controller at any time.

9. Data protection provisions regarding the use of Google AdSense

The data controller has integrated Google AdSense into this website. Google AdSense is an online service that enables the placement of advertisements on third-party websites. Google AdSense is based on an algorithm that selects the advertisements displayed on third-party websites to match the content of the respective third-party website. Google AdSense allows for interest-based targeting of internet users, which is implemented by generating individual user profiles.

The operator of the Google AdSense component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The purpose of the Google AdSense component is to integrate advertisements into our website. Google AdSense sets a cookie on the data subject’s information technology system. What cookies are has already been explained above. Setting the cookie enables Alphabet Inc. to analyse the use of our website. Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a Google AdSense component has been integrated, the web browser on the data subject’s IT system is automatically prompted by the respective Google AdSense component to to transmit data to Alphabet Inc. for the purposes of online advertising and the settlement of commissions. As part of this technical process, Alphabet Inc. obtains personal data, such as the data subject’s IP address, which Alphabet Inc. uses, amongst other things, to trace the origin of visitors and clicks and, consequently, to facilitate commission settlements.

The data subject may, as already described above, prevent our website from setting cookies at any time by adjusting the settings of the internet browser they are using, thereby permanently objecting to the setting of cookies. Adjusting the settings of the web browser used in this way would also prevent Alphabet Inc. from setting a cookie on the data subject’s IT system. Furthermore, any cookie already set by Alphabet Inc. can be deleted at any time via the web browser or other software programmes.

Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic embedded in web pages to enable log file recording and analysis, thereby allowing statistical evaluation to be carried out. Using the embedded web beacon, Alphabet Inc. can determine whether and when a web page has been opened by a data subject and which links the data subject has clicked on. Among other things, web beacons serve to analyse the visitor traffic on a website.

Via Google AdSense, personal data and information – including the IP address, which is necessary for the tracking and billing of the advertisements displayed – are transferred to Alphabet Inc. in the United States of America. This personal data is stored and processed in the United States of America. Alphabet Inc. may, under certain circumstances, pass on this personal data, collected via the technical process, to third parties.

Google AdSense is explained in more detail at this link: https://www.google.de/intl/de/adsense/start/.

10. Privacy policy regarding the use of Google Analytics (with anonymisation function)

The data controller has integrated the Google Analytics component (with anonymisation function) into this website. Google Analytics is a web analytics service. Web analytics refers to the collection, gathering and evaluation of data regarding the behaviour of website visitors. Among other things, a web analytics service collects data on which website a data subject came from to reach a particular website (known as a ‘referrer’), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is predominantly used to optimise a website and to carry out a cost-benefit analysis of online advertising.

The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The data controller uses the add-on “_gat._anonymizeIp” for web analytics via Google Analytics. This parameter causes Google to truncate and anonymise the IP address of the data subject’s internet connection when access to our website occurs from a Member State of the European Union or from another signatory state to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse visitor traffic on our website. Google uses the data and information collected, amongst other things, to evaluate the use of our website, to compile online reports for us showing activity on our website, and to provide other services related to the use of our website.

Google Analytics places a cookie on the data subject’s information technology system. What cookies are has already been explained above. The placement of the cookie enables Google to analyse the use of our website. Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, the web browser on the data subject’s IT system is automatically prompted by the relevant Google Analytics component to transmit data to Google for the purposes of online analysis. As part of this technical process, Google obtains personal data, such as the data subject’s IP address, which Google uses, amongst other things, to trace the origin of visitors and clicks and, consequently, to facilitate commission settlements.

Personal information, such as the time of access, the location from which access originated and the frequency of the data subject’s visits to our website, is stored by means of cookies. Each time our website is visited, this personal data – including the IP address of the internet connection used by the data subject – is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may, under certain circumstances, disclose this personal data, collected via this technical process, to third parties.

The data subject may, as described above, prevent our website from setting cookies at any time by adjusting the settings of the web browser they are using, thereby permanently objecting to the setting of cookies. Adjusting the settings of the web browser used in this way would also prevent Google from setting a cookie on the data subject’s IT system. Furthermore, a cookie already set by Google Analytics can be deleted at any time via the web browser or other software programmes.

Furthermore, the data subject has the option to object to the collection of data generated by Google Analytics relating to the use of this website, as well as to the processing of such data by Google, and to prevent this from taking place. To do this, the data subject must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on uses JavaScript to inform Google Analytics that no data or information regarding visits to websites may be transmitted to Google Analytics. Google regards the installation of the browser add-on as an objection. If the data subject’s computer system is subsequently deleted, formatted or reinstalled, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or by another person within their control, it is possible to reinstall or reactivate the browser add-on.

Further information and Google’s applicable data protection provisions can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link: https://www.google.com/intl/de_de/analytics/.

11. Privacy policy regarding the use of Jetpack for WordPress

The data controller has integrated Jetpack into this website. Jetpack is a WordPress plug-in that offers additional functions to the operator of a website built on WordPress. Among other things, Jetpack allows the website operator to view an overview of the site’s visitors. Displaying related posts and publications, or offering the option to share content on the site, can also help to increase visitor numbers. Furthermore, security features are integrated into Jetpack, meaning that a website using Jetpack is better protected against brute-force attacks. Jetpack also optimises and speeds up the loading of images embedded on the website.

The operator of the Jetpack plug-in for WordPress is Aut O’Mattic A8C Ireland Ltd., Business Centre, No. 1 Lower Mayor Street, International Financial Services Centre, Dublin 1, Ireland.

Jetpack places a cookie on the data subject’s IT system. What cookies are has already been explained above. Each time a user visits one of the individual pages of this website, which is operated by the data controller and on which a Jetpack component has been integrated, the web browser on the data subject’s IT system is automatically prompted by the relevant Jetpack component to to transmit data to Automattic for analysis purposes. As part of this technical process, Automattic obtains information which is subsequently used to compile an overview of visits to the website. The data obtained in this way is used to analyse the behaviour of the data subject who has accessed the data controller’s website and is evaluated with the aim of optimising the website. The data collected via the Jetpack component will not be used to identify the data subject without first obtaining their separate, explicit consent. The data is also made available to Quantcast. Quantcast uses the data for the same purposes as Automattic.

As explained above, the data subject may at any time prevent our website from setting cookies by adjusting the settings of their web browser accordingly, thereby permanently objecting to the setting of cookies. Adjusting the settings of the web browser used in this way would also prevent Automattic/Quantcast from setting a cookie on the data subject’s IT system. In addition, cookies already set by Automattic can be deleted at any time via the web browser or other software programmes.

Furthermore, the data subject has the option to object to and prevent the collection of data generated by the Jetpack cookie relating to the use of this website, as well as the processing of such data by Automattic/Quantcast. To do so, the data subject must click the opt-out button at the link https://www.quantcast.com/opt-out/, which sets an opt-out cookie. The opt-out cookie set upon objection is stored on the data subject’s information technology system. If the cookies are deleted from the data subject’s system following an objection, the data subject must access the link again and set a new opt-out cookie.

However, setting the opt-out cookie may mean that the data subject is no longer able to make full use of the data controller’s websites.

Automattic’s current privacy policy is available at https://automattic.com/privacy/. Quantcast’s current privacy policy is available at https://www.quantcast.com/privacy/.

12. Privacy Policy on the Use of Matomo

The data controller has integrated the Matomo component into this website. Matomo is an open-source web analytics tool. Web analytics refers to the collection, gathering and analysis of data relating to the behaviour of website visitors. Among other things, a web analytics tool records data on the website from which a data subject arrived at a website (known as the ‘referrer’), which sub-pages of the website were accessed, and how often and for how long a sub-page was viewed. Web analytics is primarily used to optimise a website and to carry out a cost-benefit analysis of online advertising.

The software is operated on the controller’s server; the log files, which are sensitive under data protection law, are stored exclusively on this server.

The purpose of the Matomo component is to analyse visitor traffic on our website. The data controller uses the data and information obtained, amongst other things, to evaluate the use of this website in order to compile online reports showing activity on our website.

Matomo places a cookie on the data subject’s IT system. What cookies are has already been explained above. The setting of the cookie enables us to analyse the use of our website. Each time one of the individual pages of this website is accessed, the Matomo component automatically prompts the web browser on the data subject’s IT system to transmit data to our server for the purposes of online analysis. As part of this technical process, we obtain personal data, such as the data subject’s IP address, which we use, amongst other things, to trace the origin of visitors and clicks.

Cookies are used to store personal information, such as the time of access, the location from which access originated and the frequency of visits to our website. Each time our website is visited, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to our server. We store this personal data. We do not pass this personal data on to third parties.

The data subject may, as already explained above, prevent our website from setting cookies at any time by adjusting the settings of the web browser they are using, thereby permanently objecting to the setting of cookies. Adjusting the settings of the web browser used in this way would also prevent Matomo from setting a cookie on the data subject’s information technology system. Furthermore, a cookie already set by Matomo can be deleted at any time via a web browser or other software programmes.

Furthermore, the data subject has the option to object to and prevent the collection of data generated by Matomo relating to the use of this website. To do so, the data subject must set their browser to ‘Do Not Track’.

However, setting the opt-out cookie may mean that the data controller’s websites are no longer fully accessible to the data subject.

Further information and Matomo’s applicable privacy policy can be found at https://matomo.org/privacy/.

13. Legal basis for processing

Article 6(1)(a) of the GDPR serves as the legal basis for our company’s processing operations where 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 a party – as is the case, for example, with processing operations required for the delivery of goods or the provision of other services or consideration – the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of enquiries regarding our products or services. Where our company is subject to a legal obligation which necessitates the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and their name, age, health insurance details or other vital information subsequently had to be disclosed to a doctor, a hospital or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the GDPR.
Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, where the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not take precedence. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest might be assumed if the data subject is a customer of the controller (Recital 47, second sentence, of the GDPR).

14. Legitimate interests in processing pursued by the controller or a third party

Where the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

15. Period for which personal data is stored

The criterion for the duration of the storage of personal data is the relevant statutory retention period. Once this period has expired, the relevant data is routinely deleted, provided it is no longer required for the performance of a contract or for entering into a contract.

16. Legal or contractual requirements regarding the provision of personal data; necessity for the conclusion of a contract; the data subject’s obligation to provide personal data; possible consequences of failure to provide data

We would like to inform you that the provision of personal data is in some cases required by law (e.g. tax regulations) or may also arise from contractual provisions (e.g. details of the contracting party).
In some cases, it may be necessary for a data subject to provide us with personal data in order to conclude a contract, which we must subsequently process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data, the data subject must contact one of our staff members. Our staff member will explain to the data subject, on a case-by-case basis, whether the provision of 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 of failing to provide the personal data would be.

17. Automated decision-making

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

This privacy policy was created using the privacy policy generator provided by DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer for Upper Bavaria, in cooperation with the data protection lawyer Christian Solmecke.