Privacy Statement

Name and contact data of the Data Controller in accordance with Article 4 (7) GDPR

GEBIT Solutions GmbH
Koenigsallee 75 b
14193 Berlin

Phone: +49 (0)30 - 896 663 00
Fax: +49 (0)30 - 896 663 36

Data Protection Officer:
Dipl.-Inf. Karsten Schulz

kontakt(at)datenschutz.systems
https://datenschutz.systems

Security and protection of your personal data

We consider it our primary task to protect the confidentiality of the personal data you provide and to protect them from unauthorised access. With this in mind, we take the utmost care and use state-of-the-art security standards to provide maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GPDR) and the provisions of the German Federal Data Protection Act (BDSG). We have taken technical and organisational steps to see to it that data-protection regulations are complied with, not only by us but by our external service providers as well.

Definitions

Legislation requires that personal data be processed in a lawful manner, in good faith and in a manner comprehensible to the data subject (‘lawfulness, processing in good faith, transparency’). To ensure this, we want to inform you about the individual legal definitions which are also used in this Privacy Policy:

  1. Personal data
    ‘‘Personal data’ refers to all information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’); a natural person is deemed identifiable if he or she can be identified, directly or indirectly, in particular through assignment of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of said natural person.

  2. Processing
    ‘Processing’ is taken to denote any operation or set of operations performed on personal data, whether or not by automated means. These operations can include the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, retrieval, use, disclosure by transmission, dissemination or any other rendering-available, alignment or combination, restriction, erasure or destruction of personal data.

  3. Restriction of processing
    ‘Restriction of processing’ involves the marking of stored personal data with the aim of limiting their processing in future.

  4. Profiling
    ‘Profiling’ refers to any form of automated processing of personal data consisting of the use of these personal data to assess certain personal aspects relating to a natural person, and specifically to analyse or predict aspects relative to that natural person’s work performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  5. Pseudonymisation
    ‘Pseudonymisation’ is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject absent the use of additional information, provided that such additional information is stored separately and is subject to technical and organizational measures that ensure that these personal data cannot be attributed to an identified or identifiable natural person.

  6. File system
    A ‘file system’ is any structured collection of personal data accessible according to specific criteria, regardless of whether this collection is centralised, decentralised, functional or geographical.

  7. Controller
    The ‘controller’ is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  8. Processor
    A ‘processor’ is a natural or legal person, public authority, agency or other body that processes personal data on the controller’s behalf.

  9. Recipient
    The ‘recipient’ is a natural or legal person, public authority, agency or other body to which personal data are disclosed, regardless of whether this recipient is a third party or not. However, authorities that may receive personal data under Union law or the law of the Member States under a particular investigation mandate are not considered recipients; the processing of such data by said authorities is carried out in accordance with the applicable rules on data protection in accordance with the purposes for the processing.

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

  11. Consent
    ‘Consent’ by the data subject is any freely given, specific, informed and unambiguous expression of the data subject’s wishes by which he or she, in the form of a statement or some other clear, affirmative action, signifies agreement to the processing of personal data relating to him or her.

Lawfulness of processing

The processing of personal data is lawful only if there is a basis in law for the processing. The specific bases in law for the processing, in accordance with Article 6 (1)

(a) – (f) GDPR can be:

  1. the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

  2. the processing is necessary for the fulfilment of a contract to which the data subject is party or in order to fulfil contractual requirements at the request of the data subject prior to entering into a contract;

  3. the processing is necessary to fulfil a legal obligation to which the controller is subject;

  4. the processing is necessary to protect the vital interests of the data subject or of another natural person;

  5. 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;

  6. the processing is necessary to safeguard the legitimate interests of the controller or of a third party, unless the interests or fundamental rights and freedoms of the data subject that require the protection of personal data prevail, particularly where the data subject is a child.

Information about the collection of personal data

(1) Below, you will find all the information relating to the collection of personal data when you use our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.

(2) If you contact us by e-mail or via a contact form, we will store the data you provide (your e-mail address and, if applicable, your name and your telephone number) in order to answer your questions. We delete the data collected in this connection once storage is no longer required, or else processing will be restricted if there are legal storage obligations.

Collection of personal data when visiting our website

If you use the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we collect only the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6(1)(1)(f) GDPR):

  • IP address

  • Date and time of the request

  • Time-zone difference from (GMT)

  • Content of the request (specific page)

  • Request status/HTTP status code

  • Respective volume of data transferred

  • The website from which the request comes

  • Browser

  • Operating system and its user interface

  • Language and version of the browser software.

Use of cookies

(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files which are allocated and stored on your hard disk in association with the browser you are using and through which the site that sets the cookie transmits certain information. Cookies cannot run programs or transfer viruses to your computer. They serve to make our website more user-friendly and effective overall.

(2) This website uses the following types of cookies, the scope and functionality of which are explained below:

  • Transient cookies (see a.)

  • Persistent cookies (see b.).

  1. Transient cookies are automatically deleted when you close the browser. These specifically include session cookies. These store a so-called ‘session ID’ with which various requests from your browser can be assigned to the common session. This allows your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close the browser.

  2. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie in question. You can delete the cookies in the security settings of your browser at any time.

  3. You can configure your browser settings according to your wishes and
    e.g. refuse third-party cookies or all cookies. So-called ‘third-party cookies’ are cookies set by a third party, and hence not by the actual website you are currently visiting. Please note that deactivating cookies can mean you may not be able to use all of the functions of this website.

Further functions and offers of our website

(1) In addition to the purely informational use of our website, we offer various services that you may use if you are interested. You must provide further personal data for this purpose, and we will use these data to provide the respective service, to which the aforementioned principles of data processing apply.

(2) In some cases, we will use external service providers to process your data. These providers have been carefully selected and commissioned by us; they are bound by our instructions and are monitored regularly.

(3) Furthermore, we may disclose your personal data to third parties if we offer promotions, competitions, contracts or similar services jointly with partners. For more information, please disclose your personal data or see the description of the offer below.

(4) If our service providers or partners are located in a country outside the European Economic Area (EEA), we will inform you of the consequences of this fact in the description of the offer.

Children

Our offer is essentially aimed at adults. Persons below the age of 18 should not transmit personal data to us without the consent of their parents or legal guardians.

Rights of the data subject

(1) Revocation of consent

If the processing of personal data is based on a given consent, you have the right to revoke this consent at any time. Revocation of consent will not affect the legality of processing undertaken on the basis of this consent prior to its revocation.

You may contact us at any time to exercise your right of revocation of consent.

(2) Right to confirmation

You have the right to request confirmation from the data controller as to whether we process personal data pertaining to you. You may request confirmation at any time using the above contact details.

(3) Right to information

If personal data are processed, you may request information about these personal data and about the following information at any time:

  1. the purposes for the processing;

  2. the categories of personal data processed;

  3. the recipients or categories of recipients to whom the personal data have been or are still being disclosed – specifically, recipients in third countries or international organisations;

  4. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this period;

  5. the existence of a right of rectification or erasure of personal data that concern you, or of a right to restrict processing by the controller, or of a right to object to such processing;

  6. the existence of a right of appeal to a supervisory authority;

  7. if the personal data are not collected from the data subject, all available information about the origin of the data;

  8. the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – reliable information about the logic involved and the scope and the desired effects of such processing for the data subject.

If personal data are transferred to a third country or an international organisation, you have the right to be informed of the appropriate guarantees in connection with the transfer in accordance with Article 46 GDPR. We provide a copy of the personal data to which the processing applies. We may charge an appropriate fee based on administrative costs for any additional copies you request personally. If you submit the application electronically, the information will be provided in a conventional electronic format, unless otherwise specified. The right to obtain a copy in accordance with Subsection 3 shall not be deemed to be prejudicial to the rights and freedoms of other persons.

(4) Right to rectification  

You have the right to request that we rectify your personal data without delay. Taking into account the purposes of the processing, you have the right to request the completion of any incomplete personal data, including by means of supplementary declaration.

(5) Right of erasure (‘right to be forgotten’)

You have the right to obtain from the controller the erasure of personal data concerning you without undue delay, and we have the obligation to erase personal data without delay where one of the following grounds applies:

  1. The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

  2. The data subject withdraws his or her consent on which the processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR, and where there is no other legal ground for the processing.

  3. The data subject objects to the processing pursuant to Art. 21 (1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.

  4. The personal data have been unlawfully processed.

  5. The personal data must be erased for compliance with a legal obligation under Union or Member State law to which the controller is subject.

  6. The personal data have been collected in relation to the offer of information-society services referred to in Art. 8 (1) GDPR.

Where the controller has made the personal data public and is obliged pursuant to Subsection (1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers that are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, these personal data.

The right to erasure (‘right to be forgotten’) shall not apply if processing is required:

  • for exercising the right of freedom of expression and information;

  • for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

  • for reasons of public interest in the area of public health in accordance with Art. 9 (2) (h) and (i) GDPR as well as Art. 9 (3) GDPR;

  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 (1) GDPR in so far as the right referred to under Section 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

  • for the establishment, exercise or defence of legal claims.

(6) Right to restrict processing

You have the right to demand from us the restriction of the processing of your personal data if one of the following conditions is met:

  1. the accuracy of the personal data is contested by the data subject, for a period enabling the data controller to verify the accuracy of the personal data in question,

  2. The processing is unlawful, and the data subject refuses erasure of the personal data, instead requesting restriction of the use of the personal data;

  3. the controller no longer requires the personal data for purposes of processing, but the data subject requires these for the establishment, exercise or defence of legal claims; or

  4. if the data subject has filed an objection to processing in accordance with Art. 21 (1) GDPR, and it has not yet been established whether the controller’s legitimate grounds for processing override the grounds of the data subject.

Where processing in accordance with the requirements as set forth above has been restricted, these personal data – apart from their storage – may be processed only with the consent of the data subject, or for the establishment, exercise or defence of legal claims, or to protect the rights of another natural or legal person, or on grounds of an important public interest of the European Union or of a Member State.

In order to exercise the right to restrict processing, the data subject may contact us at any time using the contact details provided above

(7) Right to data portability

You have the right to receive the personal data about you that you have provided to us, presented in a structured, commonly used and machine-readable format, and you have the right to transmit these data to another data controller unimpeded by the data controller, provided that:

  1. processing is based on consent pursuant to Art. 6 (1) (a) or Art. 9 (2) (a) or on a contract in accordance with Art. 6 (1) (b) GDPR and

  2. the processing is carried out by automated means.

In exercising the right to data portability, you have the right, under Subsection 1, to take steps to see to it that these personal data are transmitted directly by one data controller to another data controller, provided that this is technically feasible. The exercise of the right to data portability does not affect the right to erasure (‘right to be forgotten’). This right does not extend to such processing as 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.

(8) Right of objection

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on Art. 6 (1) (e) or (f) GDPR, including profiling based on these provisions. The controller will no longer process the personal data unless it can demonstrate compelling, legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or unless the processing is in the service of the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for purposes of such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct-marketing purposes, the personal data will no longer be processed for such purposes.

In the context of the use of information-society services, and notwithstanding Directive 2002/58/EC , you may exercise your right to object by automated means using technical specifications.

You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 (1), unless the processing is necessary for the performance of a task in the public interest.

You may contact the data controller to exercise your right of objection at any time.

(9) Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

  1. is necessary for entering into, or performance of, a contract between the data subject and the data controller;

  2. is authorised by European Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard rights and freedoms and legitimate interests; or

  3. is made with the express consent of the data subject.

The data controller shall implement suitable measures to safeguard the rights, freedoms and legitimate interests of the data subject; at a minimum, this shall comprise the right to obtain human intervention on the part of the controller, to express one’s own point of view and to contest the decision.

The data subject may exercise this right at any time by contacting the respective data controller.

(10) Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this regulation.

(11) Right to an effective judicial remedy

Without prejudice to any available administrative or extra-judicial remedy, including the right to lodge a complaint with a supervisory authority in accordance with Article 77 GDPR the right to an effective judicial remedy if it considers that your rights under this Regulation have been infringed as a result of the processing of your personal data in breach of this Regulation.

Use of Matomo (formerly Piwik)

(1) This website uses the Matomo web analytics service to analyse and regularly improve the use of our website. The statistics we collect allow us to improve our website and make it more interesting for you as a user. The legal basis for the use of Matomo is Art. 6 Abs. 1 S. 1 (f) GDPR.

(2) Cookies are stored on your computer for this evaluation. The information collected in this way is stored exclusively on a server in [Germany]. You can set the evaluation by deleting existing cookies and preventing the storage of cookies. If you prevent the storage of cookies, we point out that you may not be able to use this website in its entirety. You can prevent the storage of cookies through settings in your browser.

(3) This website uses Matomo with the ‘AnonymizeIP’ extension. This truncates IP addresses prior to processing and prevents direct personal identification. We will not merge the IP address transmitted by your browser by means of Matomo with other data collected by us.

(4) The Matomo program is an open-source project. For this third-party’s information on data protection, please visit matomo.org/privacy-policy/.

Whistleblower Reporting Portal

You can use the following link to call up the Whistleblower Reporting Portal.

Whistleblower Reporting Portal