Privacy Policy


We are very pleased about your interest in our company. Data protection is of a particularly high priority for the management of profilingvalues GmbH. The use of the Internet pages of the profilingvalues GmbH is possible without any indication of personal data. However, if a data subject wants to use special services of our enterprise via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of 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 countryspecific data protection regulations applicable to the profilingvalues GmbH. By means of this data protection declaration, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, the profilingvalues 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 can always be vulnerable to security risks, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

 

1. Definitions

 

Our privacy policy is intended to be simple and understandable for everyone. In this privacy policy, the official terms of the General Data Protection Regulation (DSGVO) are generally used. The official definitions are explained in Art. 4 DSGVO.
The data protection declaration of profilingvalues GmbH is based on the terms used by the European Directive and Ordinance when issuing the General Data Protection Regulation (DSGVO). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this Privacy Policy:

a) Personal data

Personal data is any information relating to an identified or identifiable natural person (hereinafter “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) Person concerned

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

c) Processing

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

d) Restriction of processing

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

e) Profiling

Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

f) Pseudonymization

Pseudonymization is 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 separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller or person responsible for processing

The controller or person responsible for 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 designation may be provided for under Union or Member State law.

h) Processor

Processor means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the Controller.

i) Recipient

A recipient is a natural or legal person, public authority, agency, or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law shall not be considered as recipients.

j) Third party

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

k) Consent

Consent shall mean any freely given indication of the data subject’s wishes for the specific case in an informed and unambiguous manner, in the form of a statement or any other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

 

2. Name and address of the controller and the data protection officer

 

The responsible party 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 of a data protection nature is the

 

profilingvalues GmbH
Forsthausstraße 2
82031 Grünwald, Germany
Phone: +49 89 7874 755
datenschutz@profilingvalues.com

 

Contact details of the data protection officer

 

PROLIANCE GmbH
Leopoldstraße 21
80802 Munich, Germany
datenschutzbeauftragter@datenschutzexperte.de
www.datenschutzexperte.de

 

Access to and storage of information in terminal equipment

By using our website, information (e.g. IP address) may be accessed or stored (e.g. cookies) in your terminal equipment. This access or storage may involve further processing of personal data within the meaning of the GDPR.
In cases where such access to information or such storage of information is absolutely necessary for the technically errorfree provision of our services, this is done on the basis of Section 25 (1) Sentence 1, (2) No. 2 TTDSG.
In cases where such a process serves other purposes (e.g. the needsbased design of our website), it will only be carried out on the basis of Section 25 (1) TTDSG with your consent in accordance with Article 6 (1) a DSGVO. The consent can be revoked at any time for the future. The requirements of the DSGVO and the Federal Data Protection Act (BDSG) apply to the processing of your personal data.
For further information on the processing of your personal data and the relevant legal bases in this context, please refer to the following sections on the specific processing activities on our website.

Web hosting

This website is hosted by an external service provider (hoster). The hosting of this website takes place in Germany. Personal data collected on this website is stored on the hoster’s servers. This may include IP addresses, contact requests, meta and communication data, website accesses and other data generated via a website.
We collect the listed data in order to be able to guarantee a smooth connection setup of the website and a technically errorfree provision of our services. The processing of this data is absolutely necessary to provide you with the website. The legal basis for the processing of the data is our legitimate interest in the correct presentation and functionality of our website in accordance with Art. 6 para. 1 lit. f DSGVO.
We have concluded an order processing contract with the provider in accordance with the requirements of Art. 28 DSGVO, in which we oblige the provider to protect our customers’ data and not to pass it on to third parties.

 

3. Server log files

 

For all aspects concerning logfiles we use Matomo, see below.

 

4. Cookies

 

The internet pages of profilingvalues GmbH use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a socalled cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
Through the use of cookies, the profilingvalues GmbH can provide the users of this website with more userfriendly 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 in the sense of the user. Cookies allow us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to reenter his or her access data each time he or she visits the website, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store uses a cookie to remember the items that a customer has placed in the virtual shopping cart.
Technically necessary cookies are stored on the basis of Art. 6 (1) lit. f DSGVO. We have a legitimate interest in storing cookies for the technically errorfree and optimized provision of our services. Other cookies are only stored with your consent on the basis of Art. 6 para. 1 lit. a DSGVO. The consent can be revoked at any time for the future. The legal basis may also arise from Art. 6 (1) lit. b DSGVO, if the processing is necessary for the performance of a contract to which the data subject is a party or for the performance of precontractual measures, which are carried out at the request of the data subject.
Insofar as cookies are used for analysis purposes, we will inform you separately about this within the framework of this data protection declaration and obtain your consent.

 

You can set your browser to allow you to

  • be informed about the setting of cookies,
  • Allow cookies only in individual cases,
  • exclude the acceptance of cookies for certain cases or in general,
  • enable automatic deletion of cookies when closing the browser.

 

Cookie settings can be managed under the following links for the respective browsers:

 

You can also manage cookies of many companies and functions used for advertising individually. To do this, use the corresponding user tools, available at https://www.aboutads.info/choices/ or http://www.youronlinechoices.com/uk/your-ad-choices.
Most browsers also offer a so-called “do-not-track” function. When this feature is enabled, the respective browser tells advertising networks, websites, and applications that you do not want to be “tracked” for the purpose of behavioral advertising and the like.

 

For information and instructions on how to edit this feature, depending on your browser provider, see the links below:

 

Additionally, you can prevent loading of socalled scripts by default. “NoScript allows JavaScripts, Java and other plugins to run only on trusted domains of your choice. You can obtain information and instructions on how to edit this function from the provider of your browser (e.g. for Mozilla Firefox at: https://addons.mozilla.org/de/firefox/addon/noscript/).
Please note that if you disable cookies, the functionality of our website may be limited.

Content Management (Borlabs)

In order to be able to manage cookies in a data protection compliant manner, we use the software solution of the company Borlabs Benjamin A. Bornschein, Georg WilhelmStr. 17, 21107 Hamburg, Germany.
When visiting our website, an essential cookie is stored in the user’s browser, in which the consent given or the withdrawal of consent is stored. This data is not shared with the provider of Borlabs Cookie.
With Borlabs, we provide you with a socalled cookie banner, through which you can give us your consent to the use of cookies. The cookie banner informs you about the use of cookies when you first visit our website and asks for your consent to the use of cookies. Until you give your consent, all nonessential cookies that we use on our website are automatically blocked. You have the option to reject unwanted cookies via the cookie banner and still continue to use the website.
In particular, the Borlabs cookie is necessary to comply with the legal requirements of data protection law. We do not use the user data collected by the cookies to create user profiles. The legal basis of the processing is our legitimate interest to observe the rejection of cookies and/or the revocation of your consent to the use of cookies, pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO.
The collected data will be stored until you request us to delete it or delete the Borlabs cookie yourself, or until the purpose for storing the data no longer applies. Mandatory legal retention periods remain unaffected. Details on the data processing of Borlabs Cookie can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.
Borlabs’ privacy policy can be found here: https://de.borlabs.io/datenschutz/

hCaptcha

On this website we also use the hCaptcha function of Intuition Machines, Inc, 350 Alabama St, #10, San Francisco, CA 94110, USA (“Intuition Machines”). This function is primarily used to distinguish whether an input is made by a natural person or is abusive through machine and automated processing. The service includes the transmission of the IP address to Intuition Machines and is carried out in accordance with Art. 6 (1) lit. f DSGVO on the basis of our legitimate interest in determining individual ownership on the Internet and preventing abuse and spam.
Since a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 Para. 2 lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA.
Details about the data processing of hCaptcha can be found under Frequently Asked Questions | hCaptcha
You can find the privacy policy of hCaptcha here: https://www.hcaptcha.com/privacy

Matomo

On this website, data is collected and stored using the web analytics software Matomo (www.matomo.org), a service provided by InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand, (“Matomo”) pursuant to Art. 6 (1) a DSGVO on the basis of your consent for the statistical analysis of user behavior for optimization and marketing purposes. Pseudonymized user profiles can be created and evaluated from this data for the same purpose. Cookies can be used for this purpose. Cookies are small text files that are stored locally in the cache of the site visitor’s Internet browser. Among other things, the cookies enable the recognition of the Internet browser. The data collected using Matomo technology (including your pseudonymized IP address) is processed on our servers.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Deletion of userlevel and eventlevel data linked to cookies, user identifiers (e.g., user ID), and advertising IDs (e.g., DoubleClick cookies, Android advertising ID, IDFA [Apple identifier for advertisers]) occurs after 365 days.
The information generated by the cookie in the pseudonymous user profile is not used to personally identify the visitor to this website and is not merged with personal data about the bearer of the pseudonym. If you do not agree to the storage and analysis of this data from your visit, then you can revoke your consent to the storage and use at any time by clicking on the mouse below. In this case, a socalled optout cookie will be stored in your browser, with the result that Matomo will not collect any session data. Please note that the complete deletion of your cookies means that the optout cookie is also deleted and may have to be reactivated by you. Revocation: Link https://piwik.profilingvalues.com/index.php?module=CoreAdminHome&action=optOut&language=de

Vimeo

Videos from “Vimeo” are embedded or linked on this website. “Vimeo” is operated by Vimeo LLC, 555 West 18th Street, New York 10011, USA.
When you view a video embedded via Vimeo on our website, a connection to the Vimeo servers is established. In addition to the IP address, further technical device information is transmitted to Vimeo.

  • IP address
  • Technical information about browser type, operating system, or basic device information
  • Information about which website the Vimeo service is used on
  • Which web activities were performed on the visited website (e.g. session duration, bounce rate or on which button on the website with builtin Vimeo function was clicked).

If you have given us your If you have given us your consent, the processing is carried out for the optimal marketing of our offer in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO.
Since a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 (2) lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even through this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA.
For the purpose and scope of the data collection and the further processing and use of the data by the providers, as well as your rights in this regard and setting options for protecting your privacy, please refer to the privacy policy of “Vimeo”: https://vimeo.com/privacy

 

Offer of our service (profiling procedure)

 

Within the scope of offering our service on our website, we act as a processor. Accordingly, the respective controller is responsible for the appropriate data protection information of the data subjects for this processing.
The offer of our service (profiling procedure) does not involve profiling or automated decisionmaking within the meaning of Art. 22 DSGVO.
For the provision of profilingvalues we use the services of a thirdparty provider, ALL-INKL.COM Neue Medien Münnich, Owner: René Münnich, Hauptstraße 68, 02742 Friedersdorf, Germany. Your data is processed securely by the provider and is not accessible to any third party other than the entity charged with managing the test data. The hosting of the raw data takes place exclusively in Germany. Currently the abakus Computer GbR, Hannes Schandl & Frank Schreiber, Ludwig-Auer-Str. 1a, 92358 Schnufenhofen has been commissioned to host the raw data. The abakus Computer GbR has concluded an order processing contract with All Inkl. Profilingvalues takes great care to ensure that you, as a questionnaire participant, have secure and reliable access to the online platform. Whenever you access content on this website, the following data is stored:

  • Data voluntarily entered by employees and candidates in the recruitment process for the purpose of measuring personality traits.
  • Name, company, e-mail, telephone, year of birth (all voluntary, so not a requirement) The stored data will be used exclusively for statistical purposes. The data will not be passed on to third parties, neither completely nor in extracts. A comparison with other data files does not take place.
  • Categories of persons affected: Employees and management in the context of personnel development, candidates in the context of recruitment processes.
 

Website and profilingvalues method

 

a) Contact form and contact by e-mail

If you send us inquiries via contact form or e-mail, your data from the inquiry form resp.. Your e-mail including the personal data you provide there will be stored by us for the purpose of processing the request and in case of followup questions. The specification of an e-mail address is required to contact you, the specification of your first and last name and your telephone number is voluntary. Under no circumstances will we pass on this data without your consent. The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f DSGVO and, if applicable, Art. 6 (1) lit. b DSGVO, if your request is aimed at concluding a contract. Your data will be deleted after final processing of your request, provided that there are no legal obligations to retain data. You can object to the processing of your personal data at any time in the case of Art. 6 para. 1 lit. f DSGVO.

b) Comment function blog

As a user of our website, you have the option of leaving comments on individual content in our blog. For this we need your name or a pseudonym and your e-mail address (will not be published). Furthermore, your IP address and the time of publication will be logged and stored for 7 days. This storage of the IP address is done for security reasons and in case the person concerned violates the rights of third parties or posts illegal content through a submitted comment. We need your e-mail address in order to contact you if a third party should object to your published content as illegal.
The storage of comments is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing operations already carried out remains unaffected by the revocation.
The storage of additional information (IP address and e-mail address) is based on our legitimate interest according to Art. 6 para. 1 p. 1 lit. f DSGVO.
We reserve the right to delete comments if they are objected to by third parties as being illegal.
The collected IP and e-mail addresses are deleted after 7 days.
If you would like us to delete any of your published comments, please contact us.

c) Receipt of applications

If you apply to us via our contact form or by e-mail, we collect personal data. This includes, in particular, your contact data (such as first and last name, telephone number and e-mail address of the user) as well as other data provided by you regarding your career (e.g., resume, qualifications, degrees and work experience) and your person (e.g., cover letter, personal interests). This may also include special categories of personal data (e.g. information on a severe disability).
As a rule, your personal data is collected directly from you as part of the application process and encrypted during electronic transmission. The primary legal basis for this is Section 26 (1) BDSG. In addition, consent pursuant to Art. 6 Para. 1 lit. a DSGVO in conjunction with § 26 Para. 2 BDSG can be used as a data protection permission provision. If the processing of your data is based on consent, you have the right to revoke the consent at any time with effect for the future.
Within our company, only those persons and departments (e.g. Human Resources) have access to your personal data that absolutely need it to carry out the application process or to fulfill our legal obligations. If necessary, your applications will be forwarded to the relevant responsible persons for review. Under no circumstances will your personal data be passed on to third parties without authorization.
Your data relating to an application for a specific job posting will be stored and processed by us during the ongoing application process. After completion of the application process (e.g. in the form of an acceptance or rejection), the application process including all personal data will be deleted from the system no later than six months after completion of the application process. The data of selected applicants will be stored securely for up to 2 years, provided that the applicants have given their consent to this in accordance with Art. 6 para. 1 p. 1 lit. a DSGVO in conjunction with § 26 para. 2 BDSG. You can revoke your consent at any time with effect for the future. An informal e-mail to the contact details of the responsible person listed above is sufficient for this purpose. In the event of an acceptance, your application documents will be transferred to the personnel file.

d) Online store via WooCommerce

You have the option to order in our online store and must create a customer account. to order services. In the course of registering and setting up your customer account, we collect and use the following personal data:

  • First name, last name and title
  • e-mail address
  • Address
  • Date and time of registration
  • Technical data (e.g. IP address, browser type, language preferences, referred website).

In addition, voluntary information can be provided (company name and order information). Mandatory information, which is provided for the purpose of registration, is marked in the input mask with an asterisk as a required field.
When you place an order, the following data is also processed:

  • Order content
  • Date and time of the order
  •  Billing and delivery address
  • Payment data

Your payment data will be transmitted to the corresponding payment service provider depending on the payment method you have selected. The payment service provider is responsible for your payment data. When selecting certain means of payment, the payment service providers may carry out an assessment of the credit risk on the basis of mathematicalstatistical procedures (socalled scoring) at a credit agency. We have no influence on the assessment and do not receive any audit results. Information in particular about the responsible body of the payment service providers, the contact details of the data protection officers of the payment service providers and the categories of personal data processed by the payment service providers can be obtained from the service providers:

  • Stripe: Stripe Technology Europe, Limited The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland, is the responsible entity. Information on data protection and also on possible credit checks by other service providers can be found here: https://stripe.com/de/privacycenter/legal
  • Paypal: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, is the responsible party. Information on data protection and also on possible credit checks on the part of other service providers, can be found here: https://www.paypal.com/de/webapps/mpp/ua/privacyfull?locale.x=de_DE

The legal basis for data required to provide the customer account and order goods is Art. 6 (1) lit. b DSGVO.
For the processing of voluntary information, the legal basis for data processing is your consent in accordance with Art. 6 para. 1 lit. a DSGVO Your data will be deleted as soon as the user account on our website is deleted and insofar as there are no legal retention obligations. A change and / or deletion of their customer account, including the data provided by you, you can usually make after a login directly in your user account or by sending a message to the responsible .
Our store is integrated via the WordPress plugin WooCommerce, of WooCommerce Ireland Ltd, Grand Canal Dock, 25 Herbert Pl, Dublin, D02 AY86, Ireland.

e) Free Team Roles Tool

You have the possibility to test our Team Role Tool (TRT) for free on our website. By registering for the TRT, you agree to receive our newsletter. If you would like to register for our TRT, we require your full name and e-mail address as mandatory data. In addition to technical data, such as your IP address, we also process the information that you yourself provide in the course of the test. In order to provide you with the TRT and to send you your test result by e-mail, we transmit the data to the Active Campaign service, via which we deliver our e-mails. For more information on this, see point f) Active Campaign: sending mailings of the Privacy Policy.
We process your personal data provided in the registration form and during the TRT exclusively for the purpose of registration and implementation of the TRT as well as for sending you our newsletter. The legal basis for the processing of your personal data is your consent according to Art. 6 para. 1 lit. a DSGVO. This consent is voluntary and can be revoked at any time by sending an e-mail to datenschutz@profilingvalues.com.
For more information regarding the receipt of the newsletter, please refer to item f) Active Campaign: sending mailings of the Privacy Policy.
We store your personal data for as long as it is necessary to achieve the purpose of processing. If you withdraw your consent or the purpose of processing has been achieved or is no longer applicable, your data will be deleted immediately.

f) Active Campaign: Sending mailings

The following shipping methods are performed by us:

· Newsletter
Purpose of the processing: promotional approach
Legal basis: Consent, Art. 6 para. 1 lit. a DSGVO
Processing of personal data: e-mail address
· Sending of e-mails within the framework of the registration and implementation of the TRT.
Purpose of the processing: registration and execution of the free TRT on our website and sending of the result by e-mail.
Legal basis: Consent, Art. 6 para. 1 lit. a DSGVO
Processing of personal data: e-mail address, first and last name

· Sending of the freely available documents
Purpose of the processing: sending of freely obtainable documents expressly requested by the data subject.
Legal basis: our legitimate interest, Art. 6 para. 1 lit. f DSGVO
Processing of personal data: e-mail address
· Sending of e-mails in the context of the use of a service
Purpose of the processing: Performance of our contractually owed service
Legal basis: Execution of a contract, Art. 6 para. 1 lit. b DSGVO
Processing of personal data: e-mail address

If you wish to obtain the shipping options offered on the website with information about our company, take advantage of offers or services, we require your e-mail as mandatory information.
The voluntary provision of additional data may be necessary to address you personally and/or to identify you if you wish to exercise your rights as a data subject.

For the dispatch of the newsletter mailings, the registration for the Web-TRT or further freebies, we use the socalled double optin procedure. This means that we will only send you our newsletter by e-mail or forward you to the Web-TRT if you have expressly confirmed that you consent to the sending of the newsletter or to the use of the Web-TRT. In the first step, you will receive an e-mail with a link that you can use to confirm that you, as the owner of the corresponding e-mail address, wish to receive future mailings regarding the newsletter or regarding the TRT. With the confirmation, you give us your consent pursuant to Art. 6 (1) lit. a DSGVO that we may use your personal data for the purpose of the desired mailing.
When you register for the mailing or use our services, we store, in addition to the e-mail address required for the mailing, the IP address through which you registered for the mailing, as well as the date and time of registration and confirmation, in order to be able to track possible misuse at a later date.
You can unsubscribe from the processing of your personal data regarding the newsletter and TRT at any time by using the link included in each mailing or by sending an e-mail to the responsible person named above. After unsubscribing, your e-mail address will be immediately deleted from our mailing list or database, unless you have expressly consented to the continued use of the data collected or the continued processing is otherwise permitted by law.
Our mailings are sent via a technical service provider, to whom we pass on the data you provided when registering for the mailings. We have concluded an order processing agreement with our e-mail service provider in which we oblige him to protect our customers’ data and not to pass it on to third parties.
Service Provider: Active Campaign
Address: ActiveCampaign, LLC, 1 North Dearborn Street, 5th floor,
Chicago, IL 60602, USA
Privacy policy: https://www.activecampaign.com/legal/privacy-policy
Appropriate warranty: Standard Contractual Clauses
Since a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 (2) lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA.
The service provider uses the information from the mailing registration to send and statistically evaluate the mailings on our behalf. For the evaluation, the e-mails sent contain socalled web beacons or tracking pixels, which are singlepixel image files stored on our website. This makes it possible to determine whether a mailing has been opened and which links, if any, have been clicked on. With the help of socalled conversion tracking, it can also be analyzed whether a predefined action (e.g. purchase of a product on our website) has taken place after clicking on the link in the mailing. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is collected exclusively pseudonymously and is not linked to your other personal data, a direct personal reference is excluded. This data is used exclusively for the statistical analysis of mailing campaigns. The results of these analyses can be used to better adapt future mailings to the interests of the recipients.
If you wish to object to data analysis for statistical evaluation purposes, you must unsubscribe from the mailing.

g) Google Fonts

We use “Google Fonts” on our website, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as: “Google”). Google Fonts enables us to use external fonts. For this purpose, the required Google Fonts are loaded into your browser cache by our web server when you access our website. This is necessary so that your browser can display a visually improved representation of our texts. If your browser does not support this function, a standard font will be used by your computer for display.

The fonts are hosted by us and therefore are not loaded by an external provider. This requires the processing of your IP address.

We use Google Fonts for optimization purposes, in particular to improve the use of our website for you and to make its design more user-friendly. The legal basis for the data processing is our legitimate interest (Art. 6 para. 1 lit. f GDPR).

h) Youtube

On our website, we integrate videos from “YouTube”, a social media platform of Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as “Google”). The legal basis for the processing of your personal data is your consent granted for this purpose pursuant to Art. 6 (1) lit. a DSGVO.
If the playback of embedded YouTube videos is started by your consent, the provider “YouTube” uses cookies to collect information about user behavior. According to information from “YouTube”, these are used, among other things, to collect video statistics, improve userfriendliness and prevent abusive behavior. If you are logged into Google, your data is directly assigned to your account when you click on a video. If you do not want the assignment with your profile at YouTube, you must log out before activating the button. Google stores this data as usage profiles and uses them for the purposes of advertising, market research and / or needsbased design of its websites. Such an evaluation is carried out in particular (also for users who are not logged in) for the display of tailored advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles. Please contact Google directly for this purpose.
Since a transfer of personal data to the USA takes place, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, Google uses standard data protection clauses in accordance with Art. 46 (2) lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured by this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA.
Further information on data protection and data use by Google can be found on the following Google website:
https://policies.google.com/privacy?hl=de&gl=de

i) Online appointment booking via Microsoft Bookings

Our offer uses Microsoft Bookings, a service of the provider Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18 D18 P521 (hereinafter: Microsoft), to make appointments. The use of this tool enables us to manage and coordinate customer appointments more easily.
For this purpose, we collect the following personal data from you:

  • Name
  • Phone
  • e-mail
  • Address (optional)
  • Additional own data (optional)

The connection to the service is established when you call up the online booking function via a link on our website or a button or in an e-mail or newsletter. The data you enter is transferred to Microsoft for the purpose of making an appointment. We have concluded an order processing agreement with the provider in order to meet the requirements of data protection law. You can find the provider’s privacy policy here.
For more information about the Microsoft Ireland Operations Limited privacy statement, click here: Microsoft Privacy Statement – Microsoft privacy
Since a transfer of personal data to the USA cannot be ruled out, further protection mechanisms are required to ensure the level of data protection of the GDPR. To ensure this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 (2) lit. c DSGVO. These oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases where this cannot be ensured even by this contractual extension, we endeavor to obtain additional regulations and commitments from the recipient in the USA.
The legal basis for data processing in relation to the service lies in Art. 6 I lit. b DSGVO insofar as the appointment is aimed at the conclusion or performance of a contract or Art. 6 I lit. f DSGVO in the case of general inquiries in order to provide you with a convenient appointment booking option at any time as part of our service offering.
We would like to point out that the use of this service is voluntary and you can always make appointments through a separate channel.
The data will be deleted if they are no longer required to achieve the purpose. This does not apply to data that we must retain longer due to legal requirements (e.g. commercial or tax law).

 

Further data protection aspects

 

a) Data sharing and recipients

  • A transfer of your personal data to third parties does not take place, except
  • if we have explicitly pointed out in the description of the respective data processing.
  • if you have given your express consent to this in accordance with Art. 6 (1) p. 1 lit. a DSGVO,
  • the disclosure is necessary in accordance with Art. 6 (1) p. 1 lit. f DSGVO for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in the nondisclosure of your data,
  • in the event that there is a legal obligation for the disclosure pursuant to Art. 6 (1) sentence 1 lit. c DSGVO and
  • as far as this is necessary for the processing of contractual relationships with you according to Art. 6 para. 1 p. 1 lit. b DSGVO.

We also use external service providers for the processing of our services, which we have carefully selected and commissioned in writing. They are bound by our instructions and are regularly monitored by us. If necessary, we have concluded order processing contracts with them in accordance with Art. 28 DSGVO. These are service providers for web hosting, sending e-mails and maintenance and care of our IT systems, etc. The service providers will not share this data with third parties.

b) Data security

We take appropriate technical and organizational measures in accordance with Article 32 of the GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk. This website uses SSL encryption for security reasons and to protect the transmission of confidential content.

c) Duration of the storage of personal data

The duration of the storage of personal data is measured by the relevant statutory retention periods (e.g. from commercial law and tax law). After expiry of the respective period, the corresponding data is routinely deleted. If data is required for the fulfillment or initiation of a contract or if we have a legitimate interest in continuing to store it, the data will be deleted when it is no longer required for these purposes or you have exercised your right of revocation or objection.

d) Right to information

Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:

  • the processing purposes
  • the categories of personal data that are processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to obtain the rectification or erasure of personal data concerning them or to obtain the restriction of processing by the controller or a right to object to such processing
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: All available information about the origin of the data
  • the existence of automated decisionmaking, including profiling, pursuant to Article 22(1) and (4) of the GDPR and at least in these cases meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact any employee of the controller.

e) Right to rectification

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data also by means of a supplementary declaration taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.

f) Right to erasure (right to be forgotten)

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons 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 revokes the consent on which the processing was based pursuant to Art. 6(1)(a) DSGVO or Art. 9(2)(a) DSGVO and there is no other legal basis 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 processed unlawfully.
  • The deletion of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the profilingvalues GmbH, he or she may, at any time, contact any employee of the controller. The employee of profilingvalues GmbH will arrange for the deletion to be carried out immediately.
If the personal data has been made public by profilingvalues GmbH and our company as the responsible party is obliged to delete the personal data pursuant to Art. 17 para. 1 DSGVO, profilingvalues GmbH shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the personal data published, taking into account the available technology and the cost of implementation, in order to inform the data subject that he or she has requested from those other data controllers to erase all links to the personal data or copies or replications of the personal data, unless the processing is necessary. The employee of the profilingvalues GmbH will arrange the necessary in individual cases.

g) Right to restriction of processing

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing if one of the following conditions is met:

  • 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, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of processing, but the data subject needs it for the assertion, exercise, or defense of legal claims.
  • The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear 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 personal data stored by the profilingvalues GmbH, he or she may, at any time, contact any employee of the controller. The employee of the profilingvalues GmbH will arrange the restriction of the processing.

h) Right to data portability

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machinereadable format. He or she also has the right to transmit this data to another controller without hindrance from the controller to whom the personal data have been 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, unless the processing is 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 his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of the profilingvalues GmbH.

i) Right to object

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The profilingvalues 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 assertion, exercise or defense of legal claims.
If the profilingvalues GmbH processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to profilingvalues GmbH to the processing for direct marketing purposes, profilingvalues 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 which is carried out by the profilingvalues GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the profilingvalues GmbH or another employee. The data subject is also free to exercise his/her right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
If you wish to exercise your right of revocation or objection, simply send an e-mail to datenschutz@profilingvalues.com.

j) Automated decisions in individual cases including profiling

Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, 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, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject and that law contains suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject’s explicit consent, the profilingvalues GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the data subject’s involvement on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.

k) Right to revoke consent under data protection law

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of 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 profilingvalues.
Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of nonprovision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

l) Existence of automated decision making

As a responsible company, we do not use automatic decisionmaking or profiling.

m) Subject to change

We reserve the right to adapt or update this data protection declaration if necessary in compliance with the applicable data protection regulations. In this way, we can adapt it to the current legal requirements and take into account changes to our services, e.g. when introducing new services. The current version applies to your visit.

 

Liability for links (contents of external providers)

 

A distinction must be made between our own content and crossreferences (“links”) to content provided by other providers. We have no influence on their content; the respective provider or operator of the pages is always responsible for the content of the linked pages.
After clicking on the embedded text/image link, you will be redirected to the page of the respective provider. User information will only be transferred to the respective provider after the forwarding. For information on the handling of your personal data when using these websites, please refer to the respective data protection provisions of the providers you use.

 

Status: 15.11.2022

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