Privacy statement

Stand Mai 2018

I. Name and address of the person responsible

The person responsible within the meaning of the Basic Data Protection Regulation and other national data protection laws of the Member States as well as other data protection provisions is:
IPM Institut für persönlichkeitsorientiertes Management GmbH
Massenbergstrasse 15-17
44787 Bochum
Deutschland
+49234 60147200
info@ipm-profil.de
ipm-profil.de

II. Name and address of data protection officer

The data protection officer of the responsible person is:
DataCo GmbH
Joachim Ries
Siegfriedstrasse 8
80803 München
Deutschland
+49 89 740045840
datenschutz@dataguard.de
www.dataguard.de

III General information about data processing

1. Extent of the processing of personal data

We process the personal data of our users only to the extent necessary to provide a functioning website as well as our content and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent for actual reasons and the processing of the data is permitted by statutory provisions.

2. Legal basis for the processing of personal data

If we obtain the consent of the data subject for the processing of personal data, Art. 6 Para. 1 S. 1 lit. a EU Data Protection Basic Regulation (DSGVO) serves as the legal basis.

Art. 6 para. 1 sentence 1 lit. b DSGVO serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary to carry out 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 sentence 1 lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 sentence 1 lit. d DSGVO serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 sentence 1 lit. f DSGVO 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 storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.

IV. Rights of the person concerned

If personal data is processed by you, you are the data subject within the meaning of the DSGVO and you are entitled to the following rights vis-à-vis the person responsible:

1. Right to information

You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us.

In the event of such processing, you may request the following information from the data 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 has been disclosed will still be disclosed;
  4. The planned duration of storage of the personal data concerning you or, if it is not possible to provide specific information in this regard, criteria for determining the duration of storage;
  5. The existence of a right to rectify or delete personal data concerning you, a right to limit the processing 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 about the origin of the data, if the personal data are not collected from the data subject;
  8. The existence of automated decision-making including profiling in accordance with Article 22(1) and (4) DSGVO 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 the personal data concerning you will be 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 DSGVO in connection with the transfer.

This right of access may be restricted to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.

2. Right of rectification

You have the right to ask the person in charge to correct and/or complete any inaccuracies or incompleteness in the personal data processed concerning you. The data controller must rectify this immediately.

Your right to rectification may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the limitation is necessary for the achievement of the research or statistical purposes.

3. Right to restrict processing

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

  • If you dispute the accuracy of the personal data concerning you for a period of time that allows the person responsible to verify the accuracy of the personal data;
  • The processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
  • The data controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
  • If you have objected to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been established whether the justified reasons of the data controller outweigh your reasons.

Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.

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

Your right to limit the processing may be limited to the extent that it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the limitation is necessary for the achievement of the research or statistical purposes.

4. Right to deletion
a) Obligation to delete

You may request the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately 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 the consent on which the processing was based pursuant to Art. 6 Para. 1 S. 1 lit. a or Art. 9 Para. 2 lit. a DSGVO and there is no other legal basis for the processing.
  3. You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.
  4. The personal data concerning you have been processed unlawfully.
  5. The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
  6. The personal data concerning you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.
b) Information to third parties

If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 para. 1 DSGVO, he shall take appropriate measures, also of a technical nature, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.

c) Exceptions

The right to deletion does not exist if the processing is necessary

  1. On the exercise of freedom of expression and information;
  2. To fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which the controller is subject, or to perform 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 DSGVO;
  4. For archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to in Section a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
  5. For the assertion, exercise or defence of legal claims.

5. Right to information

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

You have the right vis-à-vis the person responsible to be informed about these recipients.

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate this data to another data controller without being hindered by the controller to whom the personal data was provided, provided that

  1. The processing is based on a consent pursuant to Art. 6 para. 1 sentence 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 sentence 1 lit. b DSGVO and
  2. Processing is carried out using automated procedures.

In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by a responsible person to another responsible person, as far as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data transfer does not apply to the 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 of appeal

You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 Para. 1 S. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.

The controller will no longer process the personal data concerning you, unless he can prove compelling reasons for the processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.

If the personal data concerning you are processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct advertising.

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

You have the possibility to exercise your right of objection in connection with the use of Information Society services - notwithstanding Directive 2002/58/EC - by means of automated procedures using technical specifications.

You also have the right, for reasons arising from your particular situation, to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO.

Your right of objection may be limited to the extent that it is likely to render impossible or seriously impair the realisation of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

8. Right on revocation of the data protection-legal consent explanation

You have the right to revoke your data protection consent at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.

9. Automated decision in individual cases including profiling

You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect or similar effect on you. This does not apply if the decision

  1. Is necessary for the conclusion or performance of a contract between you and the person responsible,
  2. Is permissible by virtue of the laws of the Union or of the Member States to which the person responsible is subject and those laws contain adequate 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 pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

In respect of the cases referred to in (1) and (3), the person responsible shall take reasonable steps to safeguard the rights and freedoms and your legitimate interests, including at least the right of the person responsible to obtain his or her intervention, to state his or her point of view and to contest the decision.

10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the DSGVO.

The supervisory authority to which the complaint was submitted informs the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.

V. Provision of the website and creation of logfiles

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1. Description and scope of data processing

Whenever you access our website, our system automatically collects data and information from the computer system of the accessing computer.

The following data will be collected:

  • Information about the browser type and the version used
  • The IP address of the user
  • Date and time of access
  • Websites from which the user's system accesses our website
  • Web pages that are called up by the user's system via our website

The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.

2. Legal basis for data processing

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

3. Purpose of the data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

The storage in logfiles is done to ensure the functionality of the website. The data is also used to optimise the website 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 constitute our legitimate interest in data processing pursuant to Art. 6 Para. 1 S. 1 lit. f DSGVO.

4. Duration of the storage

The data are deleted as soon as they are no longer required for the purpose of their collection. In the case of the collection of data to provide the website, this is the case when the session in question has ended.

If the data is stored in log files, this is the case after seven days at the latest. A storage going 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 contradiction and elimination

The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility for the user to object.

VI. Use of Cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, 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 website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

  • Language settings
  • Log-in information
  • Google Analytics

We also use cookies on our website which enable us to analyse the surfing behaviour of our users.

In this way the following data can be transmitted:

  • Use of website functions

The user data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data are not stored together with other personal data of the user.

When you visit our website, an info banner informs you about the use of cookies for analysis purposes and refers you to this privacy statement. In this context, there is also an indication of how the storage of cookies in the browser settings can be prevented.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, a reference is also made to this data protection declaration.

2. Legal basis for data processing

The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 S. 1 lit. f DSGVO.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 sentence 1 lit. a DSGVO.

3. 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 website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized also after a page change.

We need cookies for the following applications:

  • Adjustment of language settings
  • Google Analytics

The user data collected by technically necessary cookies are not used to create user profiles.

The analysis cookies are used for the purpose of improving the quality of our website and its content. The analysis cookies tell us how the website is used and enable us to constantly optimise our services.

Google Analytics

Our legitimate interest in these purposes also lies in the processing of personal data pursuant to Art. 6 Para. 1 S. 1 lit. f DSGVO.

4. Duration of storage, possibility of opposition and elimination

Cookies are stored on the user's computer and transmitted by the user to our site. Therefore, you as a user have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

VII. Email contact

1. Description and scope of data processing

You can contact us via the email address provided on our website. In this case the personal data of the user transmitted with the email will be stored.

In this context, the data will not be passed on to third parties. The data will only be used for the processing of the conversation.

VIII. Legal basis for data processing

1. Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a DSGVO 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 Para. 1 lit. f DSGVO. If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

2. Purpose of data processing

In case of an establishment of contact by email, this is also the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

3. Duration of storage

The data are deleted as soon as they are no longer required 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 is terminated when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

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

4. Possibility of contradiction and elimination

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

In this case, all personal data stored during contact will be deleted.

IX. Used plugins

Use of Google Analytics

1. Extent of the processing of personal data

Our website uses Google Analytics, a web analysis service provided by Google Inc., 1600 Amphiteatre Parkway, Mountain View, CA 94043, United States ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. If IP anonymisation is activated on this website, your IP address will be used by Google within member states of the European Union or in other contracting states of the Agreement on the European Community and its Member States.