We would like to inform you as a visitor of our website (hereinafter also referred to as “user”) about the processing of personal data in the context of the use of our website. “Personal data” means any information relating to an identified or identifiable natural person (hereinafter also the “data subject”); a natural person is considered as being identifiable, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics expressing the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person can be identified.
- Name and address of the responsible person
The person responsible for these internet sites within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is the:
modus werbung gmbh
Neuer Kamp 30
We are not legally obliged to appoint a data protection officer.
- General information about data processing
Extent of processing of personal data
In principle, we process personal data of our users only to the extent necessary to provide a functioning website and our content and services. Personal data is, above all, all the data that allows you to personally identify you.
Basic legal basis for the processing of personal data
Legal Basis for processing of personal data is Art. 6 para. 1 lit. b GDPR. This also applies to processing operations required to carry out pre-contractual actions.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f GDPR as legal basis for processing.
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a GDPR as legal basis.
Basic data deletion and basic storage duration
Once the purpose of the storage is omitted, the personal data of the data subject will be deleted or blocked. In addition, storage is permitted and possible if provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.
If no particular storage period is specified below, the aforementioned principles for storage apply.
This website uses an SSL or respectively TLS encryption to protect the transfer of personal data and other confidential content (such as orders or requests to the person responsible). An encrypted connection can be recognized by the string “https: //” and the lock icon in your browser line.
III. Provision of the website and log files
Description and scope of data processing
Each time you visit our website, even if you do not otherwise submit information, data and information are automatically collected by the computer system of the calling computer. The following data required for the technical operation of our website are collected here:
- The operating system of the calling computer / device
- Information about the browser version of the calling computer / device
- The Internet service provider of the user
- Transferred amount of data
- Date and time at the time of access
- Websites from which the user accesses our website (URL)
- Web pages accessed by the user’s system through our website
- the sub-web pages, which are accessed via an accessing system on our website,
- the type of device and browser used, eg. Eg “iPhone 8 & Safari”,
- The IP address of the calling computer / device
The data is stored in our system in log files. A storage of this data together with other personal data of the user does not take place.
Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.
Purpose of data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user’s IP address must be kept for the duration of the session.
Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize 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.
For these purposes, our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f GDPR substantiated. Other interests include the stable and functional operation of this website and the achievement of privacy, integrity and availability goals.
Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.
In the case of storing the data in log files, this is the case after no more than seven days. An additional storage 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.
Opposition and removal possibility
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.
Description and scope of data processing
We use so-called session cookies, which are automatically deleted from your browser immediately after the visit to the website.
In the field of web analytics, on the other hand, we also use persistent cookies that enable us to recognize your browser the next time you visit, for example, to remember the information you made during your last visit for your subsequent visit to our website.
The cookies are u.a. the following data is stored and transmitted:
Location data, log-in information, IP addresses
We also work with partners who help us to optimize our website for you and make it more interesting. For this purpose, cookies may also be stored on your hard drive when you visit our website (third-party cookies).
As far as we cooperate with such advertising partners, you will be informed about the use of such cookies and the scope of the information collected below.
Legal basis for data processing
In the case of the processing of personal data by cookies implemented by us, the processing in accordance with Art. 6 para. 1 lit. b GDPR either for the execution of the contract or in accordance with Art. 6 para. 1 lit. f GDPR for the protection of our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.
Purpose of data processing
The user data collected through technically necessary cookies will not be used to create user profiles.
Opposition and removal possibility
Depending on the type of browser you are using, the options for managing cookie settings are different. A description is usually found in the Help menu of each browser, which explains how to change your cookie settings. Below is a compilation of link to individual browser:
- Internet Explorer: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
- Firefox: https://support.mozilla.org/en/kb/cookies-allow-and-dispose
- Chrome: http://support.google.com/chrome/bin/answer.py?hl=en&hlrm=en&answer=95647
- Safari: https://support.apple.com/kb/ph21411?locale=en
- Opera: http://help.opera.com/Windows/10.20/en/cookies.html
Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all features of the website to the full.
The transmission of any “Flash Cookies” cannot be prevented by the settings of the browser, but by changing the settings of the Flash Player.
- Contact usOn our website you can use a contact form to contact us electronically. If a user uses this option, the data entered in the input mask will be transmitted to us and stored.
Which data are collected in the case of a contact form can be seen from the input mask of the respective contact form.
Alternatively, contact via the provided e-mail address is possible. In this case, the user’s personal data transmitted by e-mail will be stored.
In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.
- Legal basis for data processing
The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f GDPR. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
- Purpose of the data processing
The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via e-mail, this also includes the required 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.
- Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective contact with the user has ended and the deletion does not conflict with any statutory storage requirements. The contact is terminated when it can be inferred from the circumstances that the matter in question has been finally clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.
- Opposition and removal possibility
If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the communication with you cannot continue. All personal data stored in the course of contacting will be deleted in this case.
Data from Applicants
If you respond to job advertisements on our website or if you submit an application for any other reason, we will process the information that you send to us in connection with your application to verify your suitability for the job (or equivalent currently open positions in our companies) and the application process. Upon receipt of your application, your application data will be reviewed by the responsible HR staff. Suitable applications are forwarded internally to the department heads for the respective open position. In principle, only the persons in the company have access to your data, who need this for the proper execution of the application process.
The legal basis for the processing of your personal data in this application process is above all § 26 BDSG in the version valid from 25.05.2018. Pursuant to this provision, the processing of the data required in connection with the decision to establish an employment relationship is permitted. After completing the application process, data processing may be carried out if the requirements of Art. 6 GDPR are met, in particular for the exercise of legitimate interests pursuant to Art. 6 para. 1 lit. f) GDPR. For example, in the case of legal action under the AGG, we are interested in asserting or defending claims.
Applicants’ data will be deleted 3 months after completing the application process in case of cancellation.
In the event that you have expressly consented to an additional storage of your personal data, we will transfer your data to our applicant pool. There, the data will be deleted after two years.
Should your application be successful, and should you have been selected for a job as part of the application process, we will transfer your data from the applicant data system to our personnel information system.
The data are processed exclusively in data centers of the Federal Republic of Germany.
VII. Google reCAPTCHA
On our website, we use the reCAPTCHA feature of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). US-based Google LLC is certified under the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
Using this feature, we can determine if an entry on our website is made in the contact form by a natural person or if it is caused by a machine / automated action in some abusive intent.
By using this feature, the IP address and any other information will be sent to Google.
The legal basis for the use of this service is Art. 6 para. 1 lit. f GDPR based on our legitimate interest. Our “legitimate interest” is to prevent misuse of the contact form on our site, in particular to prevent spam messages.
VIII. Google Web Fonts
This website uses so called web fonts by
Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). US-based Google LLC is certified under the US Privacy Shield, which ensures compliance with the level of data protection in the EU.
When you visit a page on our website, your browser loads the required web fonts into its browser cache to display texts and fonts correctly. To do this, your browser connects to Google’s servers. In this process, Google receives notice that your website is being called up with your IP address.
For more information on Google Web Fonts and how Google handles the data submitted to Google, read here: https://developers.google.com/fonts/faq
The legal basis for the use of Google Web Fonts is Art. 6 para. 1 lit. f DSGVO. Our “legitimate interest” is our interest in a visually appealing presentation of our website.
Opposition and removal possibility
If your browser does not support web fonts, a default font will be used by your computer.
Rights of the person concerned
Individuals whose personal data are processed have the following rights with respect to the personal data concerning you to the above-mentioned controller:
Right to information
At your request, the person responsible confirms that personal data concerning you is processed by us.
If we carry out a processing, you can request information from the responsible person via the following information:
(1) the categories of personal data that are processed;
(2) the purposes for which the personal data are processed;
(3) the recipients / categories of recipients to whom the personal data have been disclosed or are still being disclosed;
(4) the planned duration of the storage of personal data concerning you or, if specific information is not available, the criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data, a right to restriction of processing by the controller or a right to object to such processing;
(6) all available information on the source of the data if the personal data are not collected from the data subject;
(7) the existence of a right of appeal to a supervisory authority;
(8) the existence of automated decision-making including profiling (Article 22 (1) and (4) GDPR) and – at least in these cases – meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.
You also have the right to know to what extent the personal data relating to you are transmitted to a third country (or to an international organization). In this connection, you can request the appropriate guarantees in accordance with. Art. 46 GDPR in connection with the transfer.
Right to restriction of processing
You may request a restriction on the processing of personal data concerning you,
(1) if you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
(2) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State.
If the limitation of the processing after the o.g. If conditions are restricted, you will be informed by the person in charge before the restriction is lifted.
Right to delete
You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, to which the processing acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. GDPR and there is no other legal basis for processing.
(3) According to. Art. 21 para. 1 GDPR objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 para. 2 GDPR Opposition to processing.
(4) Your personal data have been processed unlawfully.
(5) The deletion of personal data concerning you shall be required to fulfill 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 were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
Information to third parties
If the person in charge has made the personal data concerning you public and is acc. Article 17 (1) of the GDPR, it shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you have been identified as being affected, taking into account available technology and implementation costs Persons requesting deletion of all links to such personal data or of copies or replications of such personal data.
The right to erasure does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority conferring on the controller has been;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to re
nder impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.
Right to information
If you have the right of rectification, erasure or restriction of processing to the controller, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.
You have a right to the person responsible to be informed about these recipients.
Right to data portability
You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
(1) the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a DSGVO or on a contract acc. Art. 6 para. 1 lit. b DSGVO is based and
(2) the processing is done by automated means.
In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.
Right of objection
You have the right at any time, for reasons that arise from your particular situation, against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or f GDPR takes an objection; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.
Right to revoke the data protection consent declaration
You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
Automated decision on an individual basis including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision
(1) is required for the conclusion or performance of a contract between you and the controller,
(2) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
(3) with your express consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g DSGVO applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and heard on challenge of the decision.
Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the GDPR violates.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.