The data protection declaration of 40three GmbH is based on the terms used by the European Directive and Ordinance Giver in the enactment of the Basic Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance.
We use the following terms in this data protection declaration:
a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) Person concerned
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
processing shall mean any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or integration, limitation, erasure or destruction.
d) Restriction of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling means any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or data controller
controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.
h) Processors of subcontractors
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union law or the law of the Member States shall not be considered as recipients.
j) Third parties
third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and any person who, under the direct authority of the controller or processor, is authorised to process the personal data.
consent means any voluntary, informed and unequivocal expression of the data subject’s will in a particular case, in the form of a statement or other unequivocal affirmative act, by which the data subject indicates his or her consent to the processing of his or her personal data.
2. name and address of the controller
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws in force in the member states of the European Union and other provisions of a data protection nature is
adress and contact information
3. collection of general data and information
The website of 40three GmbH collects a series of general data and information each time a person concerned or an automated system accesses the website. These general data and information are stored in the log files of the server. The following browser types and versions can be recorded: (1) used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert danger in the event of attacks on our information technology systems. 40three GmbH does not draw any conclusions about the person concerned when using this general data and information. Rather, this information is required to (1) correctly deliver the content of our website, (2) to optimise the content of our website and advertising for it, (3) to guarantee the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by 40three GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
4. subscription of our newsletter
On the website of 40three GmbH, users are given the opportunity to subscribe to the newsletter of our company. The personal data transmitted to the data controller when ordering the newsletter is determined by the input mask used for this purpose. 40three GmbH informs its customers and business partners about the company’s offers at regular intervals by means of a newsletter. The newsletter of our company can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers for the newsletter dispatch. For legal reasons, a confirmation e-mail in the double opt-in procedure is sent to the e-mail address entered for the first time by the person concerned for the newsletter dispatch. This confirmation e-mail serves to check whether the owner of the e-mail address has authorised the receipt of the newsletter as the person concerned. When registering for the newsletter, we also store the IP address assigned by the Internet Service Provider (ISP) to the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves to legally safeguard the data controller. The personal data collected in the course of registering for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or registration in this respect, as might be the case in the event of changes to the newsletter offering or changes to the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter dispatch, can be revoked at any time. For the purpose of the revocation of the consent an appropriate left is in each new type character. It is also possible at any time to unsubscribe from the newsletter dispatch directly on the website of the data controller or to inform the data controller of this in any other way.
The newsletter will be sent via the order processor MailChimp, The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA; PrivacyShield certification https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG
5. Newsletter Tracking
The 40three GmbH newsletter contains so-called tracking pixels. A pixel is a miniature graphic that is embedded in e-mails that are sent in HTML format,
to enable log file recording and log file analysis. This allows statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded pixel-code, 40three GmbH can recognize if and when an e-mail was opened by a person concerned and which links in the e-mail were accessed by the person concerned. Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the person responsible for processing in order to optimise the sending of the newsletter and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the relevant separate declaration of consent submitted via the double opt-in procedure. After a revocation these personal data will be deleted by the person responsible for the processing. The 40three GmbH automatically interprets a deregistration from the receipt of the newsletter as a revocation.
6. possibility to contact us via the website
Due to legal regulations, the website of 40three GmbH contains information that enables quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
7. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive or regulation maker or by another legislator in the laws or regulations to which the controller is subject. If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
8. Rights of the person concerned
a) Right to confirmation
Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of access
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation authorities, to obtain at any time, free of charge, from the controller, information on the personal data relating to that data subject and a copy of that information. In addition, the European Directive and Regulation Body has granted the data subject access to the following information:
- the processing purposes
- the categories of personal data that will be processed
- 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 organisations the recipients or categories of recipients to whom the personal data have been or will be disclosed
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration if applicable
- the existence of a right to rectify or erase personal data concerning him or her or to have the processing limited by the controller or to object to such processing the existence of a right to rectify or erase personal data concerning him or her or to object to such processing
- the existence of a right of appeal to a supervisory authority the existence of a right to appeal to a supervisory authority
- when the personal data is not collected from the data subject: All available information about the origin of the data
- the existence of automated decision making including profiling in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject the existence of an automated decision making system including profiling in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
- Furthermore, the data subject has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer. If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.c) Right to rectification
- Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him/her. The data subject shall also have the right to request the completion of incomplete personal data, including by means of a supplementary statement, taking into account the purposes of the processing. If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
d) Right to deletion (right to be forgotten)
Every person data subject to the processing of personal data has the right, as granted by the European directive and regulation, to require the controller to erase the personal data concerning him or her without delay, if one of the following reasons applies and if the processing is not necessary:
- The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing under Article 21(1) DS Block Exemption Regulation and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) DS Block Exemption Regulation.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data have been collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO.
- If one of the reasons mentioned above applies and a person concerned wishes to have personal data stored at 40three GmbH deleted, he or she can contact an employee of the data controller at any time. The employee of 40three GmbH will arrange for the request for deletion to be complied with immediately. If the personal data have been made public by 40three GmbH and if our company as the person responsible is obliged to delete the personal data pursuant to Art. 17 para. 1 DS-GVO, 40three GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to these personal data or copies or replications of these personal data from these other persons responsible for data processing, insofar as the processing is not necessary. The employee of 40three GmbH will take the necessary steps in individual cases.
e) Right to limitation of processing
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to require the controller to limit the processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
- The data controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.
- The data subject has lodged an objection against the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject. If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at 40three GmbH, he or she can contact an employee of the data controller at any time. The employee of 40three GmbH will initiate the limitation of the processing.
f) Right to data transferability
Every person data subject to the processing of personal data has the right under the European Directive and Regulation to obtain personal data concerning him or her provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller. Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) DS Block Exemption Regulation, the data subject shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons. In order to assert the right to data transferability, the person concerned can contact an employee of 40three GmbH at any time.
g) Right of objection
Any person affected by the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her carried out pursuant to Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions. 40three GmbH will no longer process personal data in the event of objection, unless we can prove compelling reasons worthy of protection for the processing,
which override the interests, rights and freedoms of the data subject or the processing is for the exercise, exercise or defence of legal rights. If 40three GmbH processes personal data for the purpose of direct marketing, the person concerned has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling as far as it is connected with such direct advertising. If the person concerned objects to 40three GmbH processing the data for purposes of direct marketing, 40three GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right to object to the processing of personal data concerning him/her by 40three GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest. In order to exercise the right to object, the person concerned may directly contact any employee of 40three GmbH or another employee. Furthermore, the data subject is free, in connection with the use of services of the information society, notwithstanding Directive 2002/58/EC, to raise his/her objection.
h) Automated decisions in individual cases including profiling
Every person data subject to the processing of personal data has the right, as granted by the European Data Protection Directive and Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is permissible by virtue of Union or national law or legislation of the Member States to which the data controller is subject, and that such law or legislation contains adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the express consent of the data subject. If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data subject or (2) is made with the express consent of the data subject, 40three GmbH 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 data subject, to present his or her point of view and to contest the decision. If the data subject wishes to assert rights relating to automated decisions, he or she may at any time contact an employee of the controller for this purpose.
i) Right to revoke consent under data protection law
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise his or her right to withdraw consent, he or she may do so at any time by contacting an employee of the controller.
9. Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
10. Legal basis for the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the person concerned is a party, as is the case, for example, with processing operations which are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our site were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately
processing operations are based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the person concerned do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 DS-GVO).
11. Legitimate interests in the processing pursued by the controller or a third party
Based the processing of personal data on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
12. duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data is routinely deleted unless it is no longer required for the fulfilment or initiation of the contract.
13. legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. The data subject must contact one of our employees before providing personal data. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
14. Existence of automated decision making
As a responsible company, we refrain from automatic decision-making or profiling.
This privacy statement was created by the Privacy Statement Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which conducts privacy audits, in cooperation with the media law firm WILDE BEUGER SOLMECKE.