Privacy Policy: Platform

Status January 2020

Table of contents

I. Name and address of data controller

II. Contact details of the Data Protection Officer

III. General information on data processing

IV. Rights of the data subject

V. Provision of the platform and creation of log files

VI. Hosting

VII. Use of cookies

VIII. Contact via Email

IX. Plugins

I. Identity and contact details of data controller

Data controller within the meaning of the General Data Protection Regulation of the European Union (GDPR) and other national data protection laws of the Member States and other provisions of data protection law is the:

DataCo GmbH
Dachauer Str. 65
80335 Munich
Germany
+49 89 997 408640
info@dataguard.de
www.dataguard.de

II. Contact details of the Data Protection Officer

You can contact the data protection officer of data controller at

DataCo GmbH
Dachauer Str. 65
80335 Munich
Germany
+49 89 7400 45840
www.dataguard.de

III. General information on data processing

1. The scope of processing of personal data

As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional platform and our contents and services. The processing of personal data of our users is regularly only carried out with the consent of the user. An exception is made in those cases where prior consent cannot be obtained for factual reasons and where the processing of the data is required by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 s. 1 lit. a GDPR serves as the legal basis.

In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6 para. 1 s. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 s. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Article 6 para. 1 s. 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 para. 1 s. 1 lit. f GDPR serves as the legal basis for the processing.

3. Data erasure and storage duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Storage may also be made if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which data controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

IV. Rights of the data subject

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you are entitled to the following rights in relation to data controller:

1. Right to information

You may request confirmation from the controller as to whether personal data concerning you are being processed by him.

Where such processing is carried out, you may request the following information from the controller:

  1. the purposes for which the personal data are processed
  2. the categories of personal data processed;
  3. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  4. the planned duration of storage of personal data relating to you or, if it is not possible to give specific details, criteria for determining the duration of storage;
  5. the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing
  6. the existence of a right of appeal to a supervisory authority
  7. all available information on the origin of the data, if the personal data are not collected from the data subject;
  8. the existence of an automated decision making process including profiling in accordance with Art. 22 (1) and (4) GDPR and, at least in these cases, – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject

You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to rectification

You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. Data controller shall make the correction without delay.

3. Right to restrict processing

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

  1. if you dispute the accuracy of the personal data concerning you for a period of time which enables data controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data;
  3. the controller no longer needs the personal data for the purposes of the processing, but you need it for the purpose of asserting, exercising or defending legal claims, or
  4. if you have lodged an objection to the processing in accordance with Art. 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to erasue

a) Duty to delete

You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

  1. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based in accordance with Art. 6 para. 1 s. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
  3. You object to the processing in accordance with Art. 21 para. 1 GDPR and there are no legitimate reasons for the processing, or you object to the processing in accordance with Art. 21 para. 2 GDPR.
  4. The personal data concerning you have been processed unlawfully.
  5. The deletion of personal data concerning you is necessary to comply with a legal obligation under Union or national law to which the controller is subject.
  6. The personal data concerning you has been collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR.

b) Information to third parties

If the controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

(c) Exceptions

The right of cancellation does not exist insofar as the processing is necessary

  1. on the exercise of the right to freedom of expression and information;
  2. to comply with a legal obligation imposed on the controller under Union or national law to which the controller is subject or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
  4. for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 Para. 1 GDPR, insofar as the law referred to in Section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
  5. to assert, exercise or defend legal claims.

5. Notification obligation

If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

They have the right to be informed of these recipients by data controller.

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that

  1. the processing is based on a consent pursuant to Art. 6 para. 1 s. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 s. 1 lit. b GDPR and
  2. the processing is carried out using automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons may not be impaired thereby.

The right to data transferability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 para. 1 s. 1 lit. e or f of the GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless he can demonstrate compelling legitimate reasons for processing which outweigh your interests, rights and freedoms, or if the processing is carried out for the purpose of asserting, exercising or defending legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You may exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures involving technical specifications.

8. Right to revoke consent

You have the right to revoke consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

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 has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision

  1. is necessary for the conclusion or fulfilment of a contract between you and data controller,
  2. is authorised by Union or national legislation to which data controller is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  3. with your explicit consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 GDPR, unless Art. 9 Para. 2 lit. a or b GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

Regarding the cases referred to in 1. and 3. above, the data controller shall take appropriate measures to safeguard your rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of any person from the data controller, to present his or her point of view and to contest the decision.

10. Right of appeal to 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 in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you is in breach of the GDPR.

The supervisory authority to which the complaint was filed shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

V. Provision of the platform and creation of log files

1. Description and scope of data processing

Whenever our platform is accessed, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

  • Information about the browser type and version used
  • The user’s operating system
  • The Internet service provider of the user
  • The IP address of the user’s device
  • Date and time of access
  • Websites from which the user’s system accesses our platform
  • Websites that are called up by the user’s system via our platform

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.

2. Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable the platform to be delivered to the user’s computer. For this purpose, the IP address of the user must be stored for the duration of the session.

The storage in log files is done to ensure the functionality of the platform. In addition, the data is used to optimize the platform and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes also include our legitimate interest in data processing in accordance with Art. 6 para. 1 s. 1 lit. f GDPR.

3. Legal basis for the data processing

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 s. 1 lit. f GDPR.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. In the case of the collection of data for the provision of the platform, this is the case when the respective session has ended.

In the case of data storage in log files, this is the case after seven days at the latest. A storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

5. Possibility of objection and erasure

The collection of data for the provision of the platform and the storage of the data in log files is mandatory for the operation of the platform. There is therefore no possibility of objection on the part of the user.

VI. Hosting

Our platform is hosted in the Open Telekom Cloud. This is operated by

T-Systems International GmbH
Hahnstraße 43d
60528 Frankfurt am Main
Tel.: 069 20060 – 0

The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the platform. The stored information is:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Date and time of the server request
  • IP address

This data is not merged with other data sources. These data are recorded on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of his platform – for this purpose the server log files must be recorded.

The platform’s server is geographically located in Germany.

VII. Use of cookies

1. Description and scope of data processing

Our platform uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user calls up a platform, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the platform is called up again.

The following data is stored and transmitted in the cookies:

  • Login data

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

2. Purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our platform cannot be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change.

We require cookies for the following applications:

  • Login data

The user data collected through technically necessary cookies is not used to create user profiles.

These purposes also include our legitimate interest in the processing of personal data in accordance with Art. 6 para. 1 s. 1 lit. f GDPR.

3. Legal basis for the data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 s. 1 lit. f GDPR.

4. Duration of storage, possibility of objection and erasure

Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our platform, it may not be possible to use all functions of the platform to their full extent.

VIII. Data processing on the platform

1. Description and scope of data processing

On the DataGuard platform, personal data of employees of companies with which a contractual relationship exists are processed. The personal data used on the platform is used exclusively for the contractually owed provision of consulting services in the area of data protection.

In particular, the following personal data are processed:

  • Salutation
  • Title
  • Name
  • First name
  • Email address
  • Login password
  • Phone number
  • Role in the company
  • CC Person marker
  • Main user marker

Users can create accounts on the platform and enter their data themselves. However, the source of the information of personal data in the sense of Art. 14 para. 2 lit. f GDPR can also be the employer of the user, who creates the user account for the user or forwards the required data to DataCo GmbH for the creation of a user account.

2. Purpose of the data processing

  • Name, first name and title:
    Serves to identify and address customers. The processing is necessary for the provision of our consultancy services.
  • Login password:
    Used to authorize the customer
  • Email address, phone number:
    Used for contact and communication between customers and employees. The processing is necessary for the provision of consultancy services.
  • Salutation:
    Serves to address customers correctly in automatically generated emails. The processing is necessary for the provision of consultancy services.
  • Role:
    Used to assign the appropriate authorization and to classify the customer’s employee with regard to his responsibilities
  • CC Person marker:
    Used to identify whether a user generally always set in carbon copy for outgoing emails.
  • Main user marker:
    Serves to identify whether a user is the main contact person on the customer side.

3. Legal basis for the data processing

The processing of personal data is carried out to fulfil our consulting service. This is our legitimate interest within the meaning of Art. 6 para. 1 s. 1 lit. f GDPR.

4. Duration of storage

The personal data will be set to inactive after termination of the contractual relationship and then kept inactive for 3 years from the end of the calendar year. 

5. Possibility of objection and erasure

Users have the opportunity to object to the processing of their personal data at any time. Please send us an informal email to info@dataguard.de

VIII. Contact via Email

1. Description and scope of data processing

On our platform it is possible to contact us via the provided email address. In this case, the personal data of the user transmitted with the email will be stored.

The data will be used exclusively for processing the conversation.

2. Purpose of the data processing

In the case of contacting us by email, this is also the necessary legitimate interest in the processing of the data.

3. Legal basis for the data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 Par. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, an additional legal basis for the processing is Art. 6 Para. 1 lit. b GDPR.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it is clear from the circumstances that the matter in question has been conclusively clarified.

The personal data additionally collected during the sending process will be deleted after a period of seven days at the latest.

5. Possibility of revocation and erasure

The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.

Please send us an informal email to info@dataguard.de.

All personal data stored in the course of the contact will be deleted in this case.

IX. Plugins

We use plugins for various purposes. The plugins used are listed below:

Use of Google Web Fonts

1. The scope of processing of personal data

We use Google Webfonts of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA and the representative in the Union Google Ireland Ltd, Gordon House, Barrow Street, D04 E5W5, Dublin, Ireland (hereinafter referred to as: Google). The web fonts are transferred to the cache of the browser when the page is called up, so that they can be used for the visually improved display of various information. If the browser does not support Google Web Fonts or prevents access, the text is displayed in a default font. No cookies are stored on the visitor’s computer when the page is called up. Data that is transmitted in connection with the page view is sent to resource-specific domains such as https://fonts.googleapis.com or https://fonts.gstatic.com. Personal data can be stored and evaluated, especially the activity of the user (especially which pages have been visited and which elements have been clicked on) and device and browser information (especially the IP address and the operating system).
Data may be transferred to Google servers in the USA. Google has submitted to the Privacy Shield Agreement concluded between the European Union and the USA and has been certified. In doing so, Google undertakes to comply with the standards and regulations of European data protection law. You can find more detailed information in the entry linked below:
https://www.privacyshield.gov/participant?id=a2zt000000001L5AAItatus=ActiveDie
 data is not associated with data that may be collected or used in connection with the parallel use of authenticated Google services such as Gmail.
Further information on the processing of data by Google can be found here:
https://policies.google.com/privacy?gl=DEl=de

2. Purpose of the data processing

The use of Google web fonts serves for an appealing presentation of our texts. If your browser does not support this function, a standard font is used by your computer for display.

3. Legal basis for the processing of personal data

The legal basis for the data processing is Art. 6 para. 1 lit. f GDPR. Our legitimate interest here lies in the data processing purposes mentioned under 2.

4. Duration of storage

Your personal information will be kept for as long as necessary to fulfill the purposes described in this privacy policy or as required by law, e.g. for tax and accounting purposes.

5. Possibility of objection and erasure

You can prevent Google from collecting and processing your personal information by preventing third-party cookies from being stored on your computer, by using the „Do Not Track“ function of a supporting browser, by disabling the execution of script code in your browser, or by installing
 a script blocker such as NoScript (https://noscript.net/) or Ghostery (https://www.ghostery.com) in your browser.
With the following link you can deactivate the use of your personal data by Google:
https://adssettings.google.deWeitere
 Information on the possibilities of objection and erasure from Google can be found at
https://policies.google.com/privacy?gl=DEl=de

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