Privacy policy

/Privacy policy
Privacy policy2018-10-05T13:37:24+00:00

This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as „data“) in the context of the provision of our services and within our online services and the associated websites, functions and content as well as external online presences, such as our Social Media Profile (hereinafter jointly referred to as „Online Service“). With regard to the terms used, such as „processing“ or „person responsible“, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible

AQAS e.V.
Hohenstaufen ring 30-32
50674 Cologne
Germany

E-mail: info@aqas.de
Authorized representative of the board: Prof. Dr. Eberhard Menzel, Prof. Dr. Jens Hermsdorf

Types of data processed

– Inventory data (e.g., person master data, names or addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

Categories of persons affected

Visitors and users of the online offer (In the following we will refer to the persons concerned collectively as „users“).

Purpose of processing

– Provision of the online offer, its functions and contents.
– Provision of the online offer, its functions and contents.
– Answering contact questions and communicating with users.
– Safety measures.
– Reach measurement/Marketing

Terms Used

„Personal data“ means 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 association with an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or with one or more specific characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

„processing‘ means any operation or set of operations which is carried out with or without the aid of automated processes and which involves personal data. The term is broad and covers practically every handling of data.

„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 provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

„profiling‘ means any 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 relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.

controller“ means any natural or legal person, public authority, agency or body which alone or jointly with others determines the purposes and means of the processing of personal data.

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

Legal bases

In accordance with Art. 13 GDPR we inform you about the legal basis of our data processing. For users from the area of application of the data protection basic regulation (GDPR), i.e. the EU and the EEC, the following applies, provided that the legal basis is not mentioned in the data protection explanation
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR;
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The legal basis for the processing for the fulfilment of our services and the execution of contractual measures as well as the answering of inquiries is Art. 6 para. 1 lit. b GDPR;
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The legal basis for the processing for the fulfilment of our legal obligations is Art. 6 para. 1 lit. c GDPR;
In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 (1) lit. d GDPR serves as the legal basis.
The legal basis for the processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller is Art. 6 para. 1 lit. e GDPR.
The legal basis for the processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR.
The processing of data for purposes other than those for which they were collected is governed by the provisions of Art. 6 (4) GDPR.
The processing of special categories of data (in accordance with Art. 9 para. 1 GDPR) is governed by the provisions of Art. 9 para. 2 GDPR.

Safety measures

We shall take appropriate technical and organisational measures to ensure a level of protection commensurate with the risk, in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purposes of the processing, as well as the varying probability and severity of the risk to the rights and freedoms of natural persons.

These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data as well as access to, inputting, forwarding, securing and separating the data. In addition, we have established procedures to ensure the exercise of data subjects‘ rights, the deletion of data and the reaction to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings.

Cooperation with contract processors, joint managers and third parties

In so far as we disclose data to other persons and companies (contract processors, jointly responsible persons or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the fulfilment of the contract), if users have consented to this, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

Insofar as we disclose, transmit or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and beyond that on a basis corresponding to the legal requirements.

transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of the use of third party services or disclosure or transfer of data to other persons or companies, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the legal requirements are met. I.e. the processing takes place e.g. on basis of special guarantees, like the officially recognized statement of a data protection level corresponding to the EU (e.g. for the USA by the „Privacy Shield“) or observance of officially recognized special contractual obligations.

Rights of the persons concerned

You have the right to request confirmation as to whether the data in question will be processed and to request information about this data and further information and a copy of the data in accordance with the statutory provisions.

You have the right, in accordance with the law, to request the completion of the data concerning you or the correction of the inaccurate data concerning you.

In accordance with the statutory provisions, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.

You have the right to demand that we receive the data concerning you that you have provided to us in accordance with the statutory provisions and to demand that it be passed on to other persons responsible.

They also have the right, in accordance with legal requirements, to file a complaint with the competent supervisory authority.

Right of withdrawal

You have the right to revoke any consent given with effect for the future.

Right of objection

You may object at any time to the future processing of the data concerning you in accordance with the statutory provisions. In particular, you may object to the processing of your personal data for the purpose of direct marketing.

Cookies and right of objection for direct mail

„Cookies“ are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after the user’s visit to an online service. Temporary cookies, or „session cookies“ or „transient cookies“, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as „permanent“ or „persistent“ and remain stored even after the browser has been closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. Third party cookies“ are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the latter’s cookies, we speak of „first party cookies“).

We may use temporary and permanent cookies and explain this in the context of our privacy policy.

If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer.

A general objection to the use of cookies used for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. In addition, cookies can be stored by switching them off in the browser settings. Please note that this may mean that not all functions of this online service can be used.

Deletion of data

The data processed by us will be deleted in accordance with the statutory provisions or their processing will be restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them.

If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.

Changes and Updates to the Privacy Policy

We kindly ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

Agency services

We process the data of our customers within the scope of our contractual services which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.

We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., within the scope of evaluating and measuring the success of marketing measures). We do not process any special categories of personal data, unless these are components of a commissioned processing. The affected parties include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis of the processing results from art. 6 para. 1 lit. b GDPR (contractual services), art. 6 para. 1 lit. f GDPR (analysis, statistics, optimisation, security measures). We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties shall only take place if it is necessary within the framework of an order. When processing the data provided to us within the framework of an order, we shall act in accordance with the instructions of the customer and the legal requirements for order processing pursuant to Art. 28 GDPR and shall not process the data for any purposes other than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (6 years, in accordance with § 257 Para. 1 HGB, 10 years, in accordance with § 147 Para. 1 AO). In the case of data which has been disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, in principle after the end of the order.

Administration, financial accounting, office organization, contact management

We process data within the scope of administrative tasks as well as the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. Here we process the same data that we process within the framework of the provision of our contractual services. The processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks which serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data specified in these processing activities.

We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

We also store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of establishing contact at a later date. This data, which is mainly company-related, is stored permanently by us.

Provision of our statutory and business services

We process the data of our members, supporters, interested parties, customers or other persons according to Art. 6 Para. 1 lit. b. GDPR, insofar as we offer them contractual services or act within the framework of an existing business relationship, e.g. with members, or are themselves recipients of services and benefits. Otherwise, we process the data of data subjects in accordance with Art. 6 Para. 1 lit. f. of the GDPR. GDPR on the basis of our legitimate interests, e.g. in the case of administrative tasks or public relations work.

The data processed here, the type, scope and purpose and the necessity of its processing are determined by the underlying contractual relationship. This basically includes the inventory and master data of the persons (e.g., name, address, etc.), as well as the contact data (e.g., e-mail address, telephone, etc.), the contract data (e.g., services used, contents and information provided, names of contact persons) and, if we offer payable services or products, payment data (e.g., bank details, payment history, etc.).

We delete data that is no longer required for the performance of our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the case of business processing, we retain the data for as long as it may be relevant to the business transaction and also with regard to any warranty or liability obligations. The necessity of storing the data is reviewed every three years; otherwise the statutory storage obligations apply.

Privacy notices in the application process

We process the applicant data only for the purpose and within the scope of the application procedure in accordance with the legal requirements. The processing of the applicant data takes place in order to fulfil our (pre)contractual obligations within the scope of the application procedure in the sense of Art. 6 Para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR if data processing becomes necessary for us, e.g. within the framework of legal proceedings (in Germany, § 26 BDSG additionally applies).

The application procedure requires that applicants provide us with the applicant data. If we offer an online form, the necessary applicant data is marked, otherwise it results from the job descriptions and basically includes personal details, postal and contact addresses and the documents belonging to the application, such as cover letter, curriculum vitae and certificates. In addition, applicants can voluntarily provide us with additional information.

By submitting their application to us, applicants consent to the processing of their data for the purposes of the application procedure in accordance with the nature and scope set out in this Privacy Policy.

Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR are voluntarily disclosed within the framework of the application procedure, their processing will also be carried out in accordance with Art. 9 (2) (b) GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR are requested from applicants as part of the application procedure, their processing will also be carried out in accordance with Art. 9 para. 2 lit. a GDPR (e.g. health data if these are necessary for the exercise of the profession).

Where made available, applicants may submit their applications via an online form on our website. The data will be transmitted to us encrypted according to the state of the art.
Applicants can also send us their applications by e-mail. Please note, however, that e-mails are generally not sent in encrypted form and that applicants themselves must ensure that they are encrypted. We therefore cannot assume any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend using an online form or the postal service. Instead of applying via the online form and e-mail, applicants still have the option of sending their application by post.

In case of a successful application, the data provided by the applicants can be processed further by us for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicant’s data will be deleted. Applicant data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.

Subject to justified revocation by the applicant, deletion will take place after a period of six months so that we can answer any follow-up questions regarding the application and meet our obligations to provide evidence under the Equal Treatment Act. Invoices for any reimbursement of travel expenses will be archived in accordance with the provisions of tax law.

Contacting

When establishing contact with us (e.g. via contact form, e-mail, telephone or via social media), the user’s details are used for processing the contact request and its processing in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (within the framework of contractual/pre-contractual relationships). (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) (other inquiries) GDPR. The data of the users can be stored in a customer relationship management system („CRM system“) or comparable inquiry organization.

We delete the requests if they are no longer necessary. We check the necessity every two years; furthermore, the legal archiving obligations apply.

Newsletter

With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you declare that you agree with the receipt and the described procedures.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter „newsletter“) only with the consent of the recipient or a legal permission. Insofar as the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us.

Double-Opt-In and logging: The registration to our newsletter takes place in a so-called Double-Opt-In procedure. I.e. after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise the changes of your data stored with the Versanddienstleister are logged.

Registration data: To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to enter a name in the newsletter for the purpose of a personal address.

The dispatch of the newsletter and the performance measurement associated with it are based on the consent of the recipients pursuant to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 no. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing pursuant to Art. 6 para. 1 as per f. GDPR in conjunction with § 7 Para. 3 UWG.

The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests as well as the expectations of the users and furthermore allows us to prove our consent.

Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.

Hosting and emailing

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service.

Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a contract for the processing of orders). Art. 28 GDPR (conclusion of a contract for the processing of orders).

Collection of access data and log files

We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. of the German Data Protection Act (GDPR). GDPR data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, data volume transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g. to clarify abuse or fraud actions) for a maximum period of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

Range measurement with Matomo

Within the scope of Matomo’s range analysis, the following data are processed on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Data Protection Ordinance): the browser type and browser version used by you, the browser version, the operating system used by you, the GDPR browser version, etc. GDPR) processes the following data: the type and version of browser you use, the operating system you use, your country of origin, the date and time of the server enquiry, the number of visits, your length of stay on the website and the external links you click on. The IP address of the user is anonymised before it is stored.

Matomo uses cookies which are stored on the user’s computer and which enable an analysis of the use of our online offer by the user. The processed data can be used to create pseudonymous user profiles. The cookies have a storage duration of one week. The information generated by the cookie about your use of this website will only be stored on our server and not passed on to third parties.

Users can object to the anonymous collection of data by the Matomo program at any time with effect for the future by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, which means that Matomo no longer collects any session data. If users delete their cookies, however, this also means that the opt-out cookie is deleted and must therefore be reactivated by the users.

The logs with user data will be deleted after 6 months at the latest.

Online presence in social media

We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services.

We would like to point out that user data may be processed outside the territory of the European Union. This can result in risks for users, as it could, for example, make it more difficult to enforce the rights of users. With regard to US providers that are certified under the Privacy Shield, we would like to point out that by doing so they commit themselves to comply with the EU data protection standards.

Furthermore, user data is usually processed for market research and advertising purposes. For example, user profiles can be created on the basis of user behaviour and the resulting interests of users. The user profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the computers of the users in which the user behaviour and the interests of the users are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged on to them).

The processing of users‘ personal data is carried out on the basis of our legitimate interests in the effective information of users and communication with users in accordance with Art. 6 Para. 1 lit. f. of the German Data Protection Act. GDPR. If the users are asked by the respective providers of the platforms for their consent to the aforementioned data processing, the legal basis for the processing is Art. 6 Para. 1 lit. a., Art. 7 GDPR.

For a detailed representation of the respective processing and the possibilities of objection (Opt-Out), we refer to the following linked information of the providers.

Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and give information. Should you nevertheless need help, then you can contact us.

– LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) – Privacy Statement https://www.linkedin.com/legal/privacy-policy , Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

– Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy Statement / Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.

OpenStreetMap

https://www.openstreetmap.de), which are offered by the OpenStreetMap Foundation (OSMF) on the basis of the Open Data Commons Open Database License (ODbL). Privacy Statement: https://wiki.openstreetmap.org/wiki/Privacy_Policy.

To the best of our knowledge, OpenStreetMap uses user data solely for the purpose of displaying map functions and temporarily storing the selected settings. In particular, this data may include IP addresses and location data of users, which are not collected without their consent (usually within the framework of the settings of their mobile devices).

The data may be processed in the USA. Further information can be found in the OpenStreetMap Privacy Policy: https://wiki.openstreetmap.org/wiki/Privacy_Policy.