Privacy policy

Data protection is of particular concern to us. Our efforts to meet the requirements of the European General Data Protection Regulation (GDPR), the BDSG and the DSG are primarily aligned with the goal of respecting your privacy and personal sphere.

The use of electronic data processing systems (EDP) is indispensable for modern companies today. It goes without saying that we create the highest possible standards to comply with the legal regulations.

In principle, it is possible to use the website without providing any personal dates. However, if a data subject wishes to make use of special services offered by our company via our website, it may be necessary to process personal dates. If the processing of personal data is necessary and there is no legal base for such processing, we generally obtain the consent of the data subject.

We will never sell or rent your personal information to third parties for their marketing or other purposes. If you do not agree with the determinations of the data protection regulations, please do not send any personal data to us.

General / Definitions

This privacy policy is based on the terms of the GDPR (the orders and terms of the DPA are to be applied analogously) and should be simple to read and understand for everyone. We would therefore like to explain multiple terms in advance:

personal dates

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

person concerned / affected person

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

Fabricator

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, ring binder, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Restriction of the fabricator

Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.

Profiling

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.

Pseudonymization

Pseudonymization is 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 is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

Person responsible

The controller is the natural or legal person, public authority, facility 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 determiner of the criteria for its nomination may be provided for by Union or Member State law.

Processor

A fabricator is a natural or legal person, public authority, facility or other body that processes personal data on behalf of the controller.

Receiver

Recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data within the framework of a determiner investigation mandate under Union or Member State law shall not be regarded as recipients.

Third

Third party means a natural or legal person, public authority, facility or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

Consent

Consent is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Information on the collection of personal dates

  1. In the following, we provide information about the collection of personal data when using our website. Personal data are all dates that can be related to you personally, e.g. name, address, e-mail addresses, user behavior, etc.
  2. The controller is the company shown in the legal notice.
  3. You can contact our data protection officer at any time at the address given in the legal notice or by e-mail at: datenschutz@arbonia.com
  4. When you contact us by email or via a contact form, the dates you provide (your email address, possibly your name and telephone number) are automatically saved by us in order to answer your questions. Such personal data transmitted on a voluntary basis by a data subject to the data controller will be saved exclusively for the purposes of treatment or contacting the data subject. We delete the dates arising in this context after the storage is no longer necessary or restrict the processing if there are legal storage obligations.
  5. If we use contracted service providers for individual functions of our offer or would like to use your dates for advertising purposes, we will inform you in detail below about the respective processes. In doing so, we will also state the defined criteria for the storage period.
  6. As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transfers can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
  7. As a responsible contractor, we do not use automatic decision-making or profiling.

Your rights

  • You have the following rights vis-à-vis us with regard to your personal data:
Right to information

Any person affected by the processing of personal data has the right, granted by the GDPR, to obtain information free of charge at any time from the controller about the personal data stored about them and a copy of this information. Furthermore, the European legislator of guidelines and regulations has granted the data subject access to the following information

  1. the purposes of the processing
  2. the categories of personal data being processed
  3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
  4. if possible, the planned duration for which the personal data will be saved or, if this is not possible, the criteria for fixing this duration
  5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
  6. the existence of the right to lodge a complaint with a supervisory authority
  7. if the personal dates are not collected from the data subject: All available information about the origin of the dates
  8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

In addition, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate guarantees in connection with the transfer.

If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.

Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.

If a data subject wishes to exercise this right to withdraw consent, he or she may, at any time and by any means, contact any employee of the controller.

Right to rectification

The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

Right to erasure / right to be forgotten

The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue 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 consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing.
  3. the data subject objects to the processing in accordance with Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Article 21(2).
  4. the personal dates have been processed unlawfully.
  5. the personal data have to be erased for compliance with a legal obligation in 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 Article 8(1).

If a data subject wishes to exercise this right to erasure / right to be forgotten, they can contact an employee of the controller at any time.

If we have made the personal data public and we are obliged to erase it in accordance with Article 17(1) GDPR, we shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that a data subject has requested them to erase all links to this personal data or copies or replications of this personal data. Our employees will take the necessary measures.

Right to restriction of fabrication

The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

  1. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,
  2. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims; or
  4. the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.

If a data subject wishes to exercise this right to restriction of processing, he or she may contact an employee of the controller at any time.

Right to object to the fabricator

Any person affected by the processing of personal data has the right granted by the GDPR to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) GDPR. This also applies to profiling based on these determinations.

In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.

If we fabricate personal data for the purpose of direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is in connection with such direct advertising. If the data subject objects to us to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

Right to data portability

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

  1. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1), and
  2. the processing is carried out using automated procedures.

In exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

If a data subject wishes to exercise this right to data portability, they can contact an employee of the controller at any time.

Automated decision in individual cases including profiling

Any person concerned by the processing of personal data has the right, as granted by the GDPR, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision

  1. is not necessary for the completion or performance of a contract between the data subject and the controller, or
  2. is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or
  3. is based on the data subject's printing consent.

If the decision is necessary for the completion or fulfillment of a contract between the data subject and the controller or is made with the express consent of the data subject, we shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the controller.

  • You also have the right to complain to a data protection supervisory authority about the processing of your personal data by us.

Collection of personal data when visiting our website / cookies

Cookie Reset Cookie settings

  1. If you use our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):
    • IP address
    • Date and time of the request
    • Time zone difference to Greenwich Mean Time (GMT)
    • Internet service provider of the accessing system
    • Content of the request (specific page)
    • Access status/HTTP status code
    • Amount of data transferred in each case
    • Website from which the request originates (referrer)
    • browser
    • Operating system and its interface
    • Language and version of the browser software.
  2. In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk assigned to the browser you are using and through which certain information flows to the body that sets the cookie (in this case us). Cookies cannot execute programs or transfer viruses to your computer. They serve to make the website more user-friendly and effective overall.
  3. Use of cookies:
    1. A basic distinction is made between the following cookie types/functions:
      • Transient cookies are automatically deleted when you close the browser. These include session cookies in particular. These store a so-called session ID, with which various requests from your browser can be assigned to the joint session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
      • Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.
      • Necessary cookies are those that are absolutely essential for the operation of a website.
      • Statistical, marketing or personalization cookies are used, among other things, to measure reach and, for example, to store a user's interests or behaviour in a user profile. This process is also referred to as "tracking". If we use cookies or "tracking" services, we will inform you separately in our privacy policy or when obtaining consent.
      • You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. We would like to point out that you may not be able to use all functions of this website.
      • We use cookies to identify you for subsequent visits if you have an account with us. Otherwise you would have to log in again for each visit.
    2. In principle, the data processed with the help of cookies is processed on the basis of our legitimate interests (Art. 6 para. 1 lit. f)) or, if the use of cookies is necessary to fulfill our contractual obligations (Art. 6 para. 1 lit. b)). If we ask you for your consent, the legal basis for the processing of the data is the declared consent (Art. 6 para. 1 lit. a)).
    3. Of course, you have the option to withdraw your consent at any time or to object to the processing of your data by cookie technologies ("opt-out"). Your objection can initially be declared using your browser settings. An objection to the use of cookies for online marketing purposes can also be declared using a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ or generally at http://optout.aboutads.info.

Other functions and offers on our website

  1. In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do so, you must generally provide additional personal data that we use to provide the respective service and to which the aforementioned data processing principles apply.
  2. In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
  3. The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offering.

    We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offering on the basis of our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR. Art. 28 GDPR.
  4. Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.

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

    Trans-Atlantic Data Privacy Framework (TADPF): As part of the so-called "Trans-Atlantic Data Privacy Framework" (TADPF), the EU Commission has also recognized the level of data protection for certain companies from the USA. The list of certified companies and further information can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/. Information in German and other languages can be found on the website of the EU Commission: https: //commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/eu-us-data-transfers_de. We also inform you about the companies we use that are certified under the Trans-Atlantic Data Privacy Framework.

Data protection for applications

The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents to the controller by electronic means, for example by email or via a contact form on the website. If the controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment contract in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

Applicant data is processed to fulfill our (pre-)contractual obligations in the context of the application process within the meaning of Art. 6 para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR if the data processing becomes necessary for us, e.g. in the context of legal proceedings (in Germany, § 26 BDSG also applies).

Objection or revocation against the processing of your data

  1. If you have given your consent to the processing of your data, you can revoke it at any time and by any means of communication. Such a revocation affects the permissibility of the processing of your personal data after you have expressed it to us.
  2. Insofar as we base the processing of your personal data on the balancing of interests, you can object to the processing. This is the case if, in particular, the processing is not necessary for the performance of a contract with you, which is described by us in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either discontinue or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.
  3. Of course, you can object to the processing of your personal data for advertising and data analysis purposes at any time. You can contact us about your objection to advertising at the address given under point 2 (2).

Legal or contractual provisions for the provision of personal data/necessity for the conclusion of a contract/consequences of non-provision/deletion

  1. We would like to inform you that the provision of personal data is partly required by law. However, it may also be possible that a data subject must provide us with personal data in order for a contract to be executed. Failure to do so would mean that the contract could not be concluded. Our employees will be happy to answer any questions on a case-by-case basis.
  2. The data processed by us will be deleted or its processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

According to legal requirements, data is stored for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).

Web Analytics

digistats
  1. Zur Auswertung des Nutzerverhaltens auf unserer Website nutzen wir das Tool digistats. Anbieter ist insoweit die digistats Analytics Ltd., Täfernstraße 2A, 5405 Baden-Dättwil, Schweiz.
  2. digistats setzt im Gegensatz zu anderen Analyse-Tools keine Cookies ein, greift nicht auf das Endgerät des Nutzers zu und erfasst keine personenbezogenen Daten der Nutzer. Vielmehr zählt digistats lediglich die Seitenaufrufe und eindeutigen Besuche. Die IP-Adresse des Nutzers wird dabei jedoch nicht verfolgt. Wir werten lediglich die Herkunft der Nutzer, die Seitenaufrufe, die Verweildauer und das verwendete Betriebssystem aus. Zudem können wir feststellen, ob der Zugriff über eine Werbekampagne, eine Suchmaschine oder über ein soziales Netzwerk erfolgt ist.
  3. Die durch digistats erfassten Informationen über die Nutzung unserer Website werden in der Regel an einen Server von digistats in Deutschland übertragen und dort gespeichert.
  4. Rechtsgrundlage für die Datenverarbeitung ist unser berechtigtes Interesse gemäß Art. 6 Abs. 1 S. 1 lit. f) DSGVO. Als Webseitenbetreiber haben wir ein berechtigtes Interesse an der Auswertung und Analyse des Nutzerverhaltens auf unserer Webseite, damit wir unser Webangebot optimieren können.
  5. Weitere Informationen zu digistats und zum Datenschutz bei digistats finden Sie unter: https://digistats.de/pages/datenschutz

Integration of videos

YouTube
  1. Wir haben YouTube-Videos in unser Online-Angebot eingebunden, die auf www.YouTube.com gespeichert sind und von unserer Website aus direkt abspielbar sind. Diese sind alle im „erweiterten Datenschutz-Modus“ eingebunden, d. h. dass keine Daten über Sie als Nutzer an YouTube übertragen werden, wenn Sie die Videos nicht abspielen. Erst wenn Sie die Videos abspielen, werden die in Absatz 2 genannten Daten übertragen. Auf diese Datenübertragung haben wir keinen Einfluss.
  2. Durch den Besuch auf der Website erhält YouTube die Information, dass Sie die entsprechende Unterseite unserer Website aufgerufen haben. Zudem werden die unter Ziffer 4 dieser Erklärung genannten Daten übermittelt. Dies erfolgt unabhängig davon, ob YouTube ein Nutzerkonto bereitstellt, über das Sie eingeloggt sind, oder ob kein Nutzerkonto besteht. Wenn Sie bei Google eingeloggt sind, werden Ihre Daten direkt Ihrem Konto zugeordnet. Wenn Sie die Zuordnung mit Ihrem Profil bei YouTube nicht wünschen, müssen Sie sich vor Aktivierung des Buttons ausloggen. YouTube speichert Ihre Daten als Nutzungsprofile und nutzt sie für Zwecke der Werbung, Marktforschung und/oder bedarfsgerechten Gestaltung seiner Website. Eine solche Auswertung erfolgt insbesondere (selbst für nicht eingeloggte Nutzer) zur Erbringung von bedarfsgerechter Werbung und um andere Nutzer des sozialen Netzwerks über Ihre Aktivitäten auf unserer Website zu informieren. Ihnen steht ein Widerspruchsrecht zu gegen die Bildung dieser Nutzerprofile, wobei Sie sich zur Ausübung dessen an YouTube richten müssen.
  3. Rechtsgrundlage ist Art. 6 Abs. 1 S. 1 lit. f) DSGVO (berechtigte Interessen) sowie Art. 6 Abs. 1 S. 1 lit. a) DSGVO (Einwilligung).
  4. Weitere Informationen zu Zweck und Umfang der Datenerhebung und ihrer Verarbeitung durch YouTube erhalten Sie in der Datenschutzerklärung. Dort erhalten Sie auch weitere Informationen zu Ihren Rechten und Einstellungsmöglichkeiten zum Schutze Ihrer Privatsphäre: www.google.de/intl/de/policies/privacy. Google verarbeitet Ihre personenbezogenen Daten auch in den USA und hat sich dem Trans-Atlantic Data Privacy Framework unterworfen.

Plugins and tools

Sentry
  1. We use the Sentry service provided by Functional Software Inc, 45 Fremont Street, 8th Floor, San Francisco, California 94105, to improve the technical stability of our service by monitoring system stability and detecting code errors. Sentry serves these purposes alone and does not analyze data for advertising purposes. User data, such as information on the device or time of error, is collected anonymously and is not used for personal purposes and is subsequently deleted.
  2. Such processing is permitted under the relevant data protection regulations, as Functional Software Inc. has joined the EU-US Data Privacy Framework and, in conjunction with the EU Commission's adequacy decision(https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj), has an adequate level of data protection. In addition, Functional Software Inc. uses the standard contractual clauses provided by the EU Commission. Through these measures, Functional Software Inc. undertakes to comply with the European level of data protection, even if the data is processed in the USA.
  3. The legal basis for the use of Sentry is our legitimate interest pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR. Our legitimate interest lies in the user-friendly design and security of our services.
  4. All data is automatically deleted after 90 data at the latest.
  5. Further information on data protection at Functional Software Inc. can be found at: https://sentry.io/legal/dpa/ and https://sentry.io/privacy/?tid=133146656.
iFrames
  1. Our website uses iFrames from EQS Group GmbH, Karlstraße 47, 80333 Munich, Germany ("EQS").
  2. The legal basis for the use of iFrames is your consent in accordance with Art. 6 para. 1 sentence 1 lit. a) GDPR. EQS uses the iFrames to record your IP address in order to then be able to indicate the specific iFrame to you. No other dates, such as browser information, location, etc. are collected. The IP address is automatically deleted after 30 days. No personal data is transferred to third countries. You can revoke your consent at any time.
  3. Further information on the handling of user data can be found in the EQS privacy policy: https: //www.eqs.com/de-ch/ueber-eqs/datenschutz/.