(Translation from German to English)
team79 Beratungsgesellschaft mbH
Managing Director: Dr. Uwe Seider
Link to Imprint: https://www.team79.de/impressum-datenschutz.html
External Data Protection Officer
We have appointed an external data protection officer for our company:
PROLIANCE GmbH / datenschutzexperte.de
Mr. Dominik Fünkner
Types of Processed Data
Inventory data (e.g., names, addresses).
Contact data (e.g., email, telephone numbers).
Content data (e.g., text entries, photographs, videos).
Usage data (e.g., visited websites, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).
Categories of Affected Individuals
Visitors and users of the online offering (Hereinafter, we collectively refer to the affected individuals as "users").
Purpose of Processing
Provision of the online offering, its functions, and content.
Responding to contact inquiries and communicating with users.
"Personal data" refers to any information relating to an identified or identifiable natural person (hereinafter referred to as the "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 (e.g., cookie), or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
"Processing" means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and includes practically any handling of data.
"Pseudonymization" refers to the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
"Profiling" means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
A "controller" is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
A "processor" is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
Relevant Legal Bases
In accordance with Article 32 of the GDPR, we take appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the implementation costs, the nature, scope, context, and purposes of processing, as well as the varying likelihood and severity of risks to the rights and freedoms of natural persons.
These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data as well as access, input, disclosure, availability, and segregation of the data. Furthermore, we have established procedures to ensure the exercise of data subject rights, data deletion, and response to data breaches. Additionally, we consider the protection of personal data in the development and selection of hardware, software, and processes, in line with the principle of data protection by design and by default (Article 25 of the GDPR).
Cooperation with Data Processors and Third Parties
If, within the scope of our processing activities, we disclose data to other individuals and companies (data processors or third parties), transmit them to them, or otherwise grant them access to the data, this only happens on the basis of a legal permission (e.g., if the transmission of data to third parties, such as payment service providers, is required for the fulfillment of a contract in accordance with Article 6(1)(b) of the GDPR), if you have given consent, if a legal obligation provides for it, or based on our legitimate interests (e.g., when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "data processing agreement," this is done in accordance with Article 28 of the GDPR.
Transfers to Third Countries
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this only occurs if it is necessary to fulfill our (pre-)contractual obligations, based on your consent, a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Articles 44 ff. of the GDPR are met. This means that processing is carried out, for example, on the basis of specific guarantees, such as the officially recognized determination of a level of data protection equivalent to that of the EU (e.g., for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of Data Subjects
You have the right to request confirmation as to whether the relevant data is being processed and to request information about this data as well as further information and a copy of the data in accordance with Article 15 of the GDPR.
You have the right to request the completion of the data concerning you or the rectification of inaccurate data concerning you in accordance with Article 16 of the GDPR.
You have the right to demand that the relevant data be deleted without undue delay in accordance with Article 17 of the GDPR or, alternatively, to request a restriction of processing of the data in accordance with Article 18 of the GDPR.
You have the right, in accordance with Article 20 of the GDPR, to receive the data concerning you that you have provided to us and to request its transmission to other controllers.
Furthermore, in accordance with Article 77 of the GDPR, you have the right to lodge a complaint with the competent supervisory authority.
Right to Withdraw Consent
You have the right to withdraw consent granted pursuant to Article 7(3) of the GDPR with future effect.
Right to Object
You can object to the future processing of data concerning you in accordance with Article 21 of the GDPR at any time. The objection can be raised in particular against processing for the purposes of direct marketing.
Cookies and Right to Object to Direct Marketing
"Cookies" are small files that are stored on users' computers. Different information 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 their visit to an online offering. Temporary cookies, or "session cookies" or "transient cookies," are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online store or a login status. "Permanent" or "persistent" cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit it again after several days. Similarly, such a cookie can store the interests of users, which are used for measurement of reach or marketing purposes. "Third-party cookies" are cookies offered by providers other than the party operating the online offering (otherwise, if only its cookies are used, they are referred to as "first-party cookies").
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. The exclusion of cookies may lead to functional limitations of this online offering.
Deletion of Data
In accordance with legal requirements in Germany, data is stored in particular for 10 years in accordance with §§ 147(1) AO, 257(1) nos. 1 and 4, 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and for 6 years in accordance with § 257(1) nos. 2 and 3, 4 HGB (commercial letters).
In accordance with legal requirements in Austria, data is stored in particular for 7 years in accordance with § 132(1) BAO (accounting documents, invoices/receipts, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents related to electronically supplied services, telecommunications, broadcasting, and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
In addition, we process:
Contract data (e.g., contract subject, duration, customer category).
Payment data (e.g., bank details, payment history)
from our customers, prospects, and business partners for the purpose of providing contractual services, customer service, marketing, advertising, and market research.
We process data from 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.
In this context, we process master data (e.g., customer master data, such as names or addresses), contact data (e.g., email, phone numbers), content data (e.g., text inputs, photographs, videos), contract data (e.g., contract subject, duration), payment data (e.g., bank details, payment history), usage and metadata (e.g., as part of the evaluation and measurement of marketing measures). We generally do not process special categories of personal data unless they are components of an authorized processing. The data subjects include our customers, prospects, as well as their customers, users, website visitors, or employees, and third parties. The purpose of processing is to provide contractual services, billing, and customer service. The legal bases for processing arise from Art. 6 para. 1 lit. b GDPR (contractual services), Art. 6 para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that is necessary for the establishment and fulfillment of contractual services and point out the necessity of their provision. Disclosure to external parties only takes place if it is required within the scope of an order. In the case of processing data that has been disclosed to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements of an order processing in accordance with Art. 28 GDPR and process the data for no purposes other than those ordered.
We delete data after the expiration of statutory warranty and comparable obligations. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion is carried out after their expiration (6 years, in accordance with § 257 para. 1 HGB, 10 years, in accordance with § 147 para. 1 AO). In the case of data disclosed to us within the framework of an order by the client, we delete the data in accordance with the specifications of the order, generally after the end of the order.
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 para. 1 lit. b. GDPR in order to provide them with our contractual or pre-contractual services. The data processed, the type, scope, and purpose and the necessity of their processing are determined by the underlying contractual relationship.
The processed data includes master data of our contractual partners (e.g., names and addresses), contact data (e.g., email addresses and phone numbers) as well as contract data (e.g., services used, contract contents, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).
We generally do not process special categories of personal data unless they are components of an authorized or contractual processing.
We process data that is necessary for the establishment and fulfillment of contractual services and point out the necessity of their provision, unless this is evident for the contractual partners. Disclosure to external persons or companies will only take place if it is required within the scope of a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as the legal requirements.
As part of the use of our online services, we may store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of users in protection against misuse and other unauthorized use. This data is not passed on to third parties unless it is necessary to pursue our claims in accordance with Art. 6 para. 1 lit. f. GDPR or there is a legal obligation to do so in accordance with Art. 6 para. 1 lit. c. GDPR.
The deletion of data takes place when the data is no longer required for the fulfillment of contractual or legal care obligations, as well as handling any warranty and comparable obligations; the necessity of data retention is reviewed every three years; otherwise, the statutory retention obligations apply.
Administration, Financial Accounting, Office Organization, Contact Management
We process data within the scope of administrative tasks as well as the organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, prospects, 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 that serve to maintain our business activities, perform our tasks, and provide our services. The deletion of data related to contractual services and contractual communication corresponds to the information provided in these processing activities.
We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, and other fee authorities and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, event organizers, and other business partners, e.g., for future contact. We generally store these predominantly company-related data permanently.
Business Analysis and Market Research
In order to operate our business in an economically viable manner, recognize market trends, and understand the desires of our contractual partners and users, we analyze the data available to us regarding business transactions, contracts, inquiries, etc. We process master data, communication data, contract data, payment data, usage data, and metadata based on Art. 6 para. 1 lit. f. GDPR, with the data subjects including contractual partners, interested parties, customers, visitors, and users of our online offerings.
The analyses are carried out for the purpose of business evaluations, marketing, and market research. We can consider the profiles of registered users with information, e.g., on the services they have used. The analyses serve to improve user-friendliness, optimize our offerings, and improve economic efficiency. The analyses are solely for our own use and are not disclosed externally unless they are anonymous analyses with summarized values.
If these analyses or profiles are personal, they will be deleted or anonymized upon termination of the user, otherwise after two years from the conclusion of the contract. In all other respects, the comprehensive business analyses and general trend determinations are carried out anonymously if possible.
Data Protection Notices in the Application Process
We process applicant data only for the purpose and within the scope of the application process in accordance with the legal requirements. The processing of applicant data takes place to fulfill our (pre)contractual obligations within the framework of the application process in accordance with Art. 6 para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR insofar as data processing becomes necessary for us, e.g., within the framework of legal procedures (in Germany, § 26 BDSG also applies).
The application process requires applicants to provide us with applicant data. The necessary applicant data is marked as such in the job descriptions. If available, applicants can submit their applications to us via an online form on our website. The data will be transmitted to us encrypted according to the state of the art.
Applicant data will be kept confidential and will be processed solely for the purpose of the application process within our company. If the application process results in the conclusion of an employment contract, the data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If the application process does not lead to the conclusion of an employment contract, the applicant's data will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests on our part oppose such deletion. Other legitimate interest in this sense, for example, a burden of proof in a procedure under the General Equal Treatment Act (AGG).
We process applicant data only for the purpose and within the scope of the application process in accordance with legal requirements. The processing of applicant data is carried out to fulfill our (pre-)contractual obligations in the context of the application process pursuant to Art. 6(1)(b) GDPR and Art. 6(1)(f) GDPR if data processing becomes necessary for us, for example, within the scope of legal proceedings (in Germany, § 26 BDSG additionally applies).
The application process requires that applicants provide us with their application data. The necessary applicant data is indicated, if we offer an online form, otherwise, it arises from the job descriptions, and in principle, it includes personal information, postal and contact addresses, and the application documents such as cover letter, CV, and certificates. Additionally, applicants can voluntarily provide us with additional information.
If special categories of personal data within the meaning of Art. 9(1) GDPR are voluntarily provided as part of the application process, their processing is carried out in accordance with Art. 9(2)(b) GDPR (e.g., health data such as disability status or ethnic origin). If special categories of personal data within the meaning of Art. 9(1) GDPR are requested from applicants as part of the application process, their processing is additionally carried out in accordance with Art. 9(2)(a) GDPR (e.g., health data, if necessary for the exercise of the profession).
If provided, applicants can submit their applications to us via an online form on our website. The data is transmitted to us encrypted using state-of-the-art technology. Applicants can also submit their applications to us via email. However, please note that emails are generally not sent in encrypted form, and applicants must ensure encryption themselves. Therefore, we cannot take responsibility for the transmission of the application between the sender and our server and recommend using an online form or postal mail instead. In addition to the online form and email, applicants still have the option to send us their application by postal mail.
The data provided by applicants may be processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a job offer is unsuccessful, the applicant's data will be deleted. The data of the applicants will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
Deletion takes place, subject to justified revocation by the applicants, after a period of six months, so that we can answer any follow-up questions regarding the application and meet our obligations under the Equal Treatment Act. Invoices for any travel expense reimbursement will be archived in accordance with the tax regulations.
As part of the application, we offer applicants the opportunity to be included in our "Talent Pool" for a period of two years based on consent pursuant to Art. 6(1)(a) and Art. 7 GDPR.
The application documents in the Talent Pool will only be processed in the context of future job advertisements and employee searches and will be destroyed no later than at the end of the deadline. Applicants are informed that their consent to be included in the Talent Pool is voluntary, has no influence on the current application process, and they can revoke this consent for the future at any time and declare objection in accordance with Art. 21 GDPR.
When contacting us (e.g., via contact form, email, telephone, or social media), the user's details are processed for the purpose of processing the contact request and its handling pursuant to Art. 6(1)(b) (in the context of contractual/pre-contractual relationships), Art. 6(1)(f) (other inquiries) GDPR. The user's details can be stored in a Customer Relationship Management System ("CRM System") or a comparable request organization.
We delete the requests if they are no longer necessary. We review the necessity every two years; statutory archiving obligations also apply.
Hosting and Email Sending
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space, and database services, email sending, security services, and technical maintenance services that we use for the purpose of operating this online offering.
In this context, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta, and communication data from customers, prospects, and visitors to this online offering on the basis of our legitimate interests in efficient and secure provision of this online offering pursuant to Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
Collection of Access Data and Log Files
We, or our hosting provider, collect data on every access to the server on which this service is located based on our legitimate interests within the meaning of Art. 6(1)(f) GDPR (so-called server log files). Access data includes the name of the accessed website, 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 cases of misuse or fraud) for a maximum of 7 days and then deleted. Data, the further storage of which is necessary for evidentiary purposes, is excluded from deletion until the respective incident is finally clarified.
Reach Measurement with Matomo
As part of the reach analysis carried out with Matomo, the following data is processed based on our legitimate interests (i.e., interest in analyzing, optimizing, and economically operating our online offering within the meaning of Art. 6(1)(f) GDPR): the type of browser you are using and its version, the operating system you are using, your country of origin, date and time of the server request, the number of visits, your duration of stay on the website, and the external links you have clicked on. The IP address of users is anonymized before being stored.
Users can object to the anonymized data collection 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 their browser, which means that Matomo no longer collects any session data. However, if users delete their cookies, this also means that the opt-out cookie will be deleted and must be reactivated by the users.
The logs containing user data are deleted after a maximum of 6 months.
Online Presence on Social Media
We maintain online presences within social networks and platforms 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 European Union. This may pose risks for users because, for example, enforcing user rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to inform you that they commit to complying with EU data protection standards.
Furthermore, user data is usually processed for market research and advertising purposes. For example, usage behavior and resulting user interests can be used to create usage profiles. These usage profiles can in turn be used to display advertisements within and outside the platforms that are likely to correspond to users' interests. Cookies are usually stored on users' computers for these purposes, in which users' usage behavior and interests are stored. Furthermore, data can be stored in the usage profiles independently of the devices used by users (especially if users are members of the respective platforms and are logged in to them).
The processing of users' personal data is based on our legitimate interests in effective information of users and communication with users pursuant to Art. 6(1)(f) GDPR. If users are asked by the respective providers for consent to data processing (i.e., their consent, for example, by checking a checkbox or confirming a button), the legal basis for processing is Art. 6(1)(a), Art. 7 GDPR.
For a detailed presentation of the respective processing and the possibility of objection (Opt-Out), we refer to the linked information of the providers below.
Even in the case of information requests 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 users' data and can take appropriate measures and provide information directly. If you still need assistance, you can contact us.
Integration of Third-Party Services and Content
We use third-party content or service offers based on our legitimate interests (i.e., interest in the analysis, optimization, and economical operation of our online offering within the meaning of Art. 6(1)(f) GDPR) to integrate their content and services, such as videos or fonts (collectively referred to as "content").
This always presupposes that the third-party providers of this content perceive the IP address of the users, since without the IP address, they could not send the content to their browser. The IP address is therefore necessary for the display of this content. We make an effort to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on users' devices and may contain technical information about the browser and operating system, referring websites, visit time, and other information about the use of our online offering, as well as be linked with such information from other sources.
This policy has been translated from German to English. In the event of any discrepancies or differences between the translated English version and the original German version, the German version shall take precedence and be considered the authoritative and legally binding text. This translation is provided solely for convenience and informational purposes.