Privacy Statement

Our Privacy Statement

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 provisions of data protection law is the Data Protection Officer:

GIATA GmbH

Managing Director: Dipl.-Ökonom Andreas Posmeck

Schlesische Str. 26

10997 Berlin

Phone: +49 (0)30 420 265 0

E-mail: info[at]giata.de

 

II General information on data processing

1. Scope of 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 with the 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

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

Art. 6 para. 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 for the implementation of pre-contractual measures.

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

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

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 lit. f DSGVO serves as the legal basis for the processing.

3. Data deletion and storage period

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.

III. Provision of the website and creation of log files

1. Description and scope of data processing

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

The following data is collected:

(1) Information about the browser type and the version used

(2) Operating system of the user

(3) The IP address of the user

(4) Name of the website accessed

(5) Date and time of access

(6) amount of data transferred

(7) Duration and status of data transmission

(8) Referrer URL (name of the previously visited website)

An IP address in version 4 consists of a sequence of four numbers separated by a dot, each with a value between 0 and 255. An IP address in version 6 usually consists of hexadecimal numbers, whereby the numbers are divided into eight blocks of 16 bits each (4 hexadecimal digits). These blocks are separated by colons. Usually, your IP address is automatically assigned to you by your provider. This is usually a so-called “dynamic” IP address, i.e. you receive a new IP address for each new session. In contrast, the so-called “static” IP address is a permanent assignment.

To be able to use our website, our web server collects your IP address and stores it in masked form, i.e. the last block is stored anonymously. Irrespective of whether you have a static or dynamic IP address, it is therefore not possible to establish a personal reference. For general error analysis, your masked IP address is stored in the log files of our web server (so-called “log files”) and for statistical purposes by the web analysis program “Google Analytics”.

2. Legal basis for data processing

The legal basis for the storage of data is Art. 6 para. 1 lit. f DSGVO.

3. Purpose of data processing

The storage of the (masked) 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.

With regard to the other stored data, it is not possible to establish a personal reference, as the stored IP address is only available in masked form. This transmitted data is also stored and processed in the log file for error analysis and statistical purposes.

The collected data (including the masked IP address) is stored in log files 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 include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSGVO.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data to provide the website, this is the case when the session in question has ended. The log file will also be deleted after 90 days at the latest.

5. possibility of objection and removal

The collection of data for the provision of the website is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

 

IV. Use of cookies

1. Description and scope of data processing

Cookies are small text files that your browser stores in your terminal device when instructed to do so by our website. These are temporary cookies, which are automatically deleted when you close your browser, on the one hand, and so-called “persistent” cookies, which have a maximum lifespan of up to two years, on the other.

So-called session cookies are used on our website. Session cookies are small pieces of information that are stored in the main memory of the user’s computer. A session cookie contains a characteristic, randomly generated character string, the so-called session ID. The session ID enables the browser to be uniquely identified when the website is called up again. In addition, log-in information from registered users is stored and transmitted in the cookies.

Further cookies on our website are set by Google via the Google Analytics service. You will find more detailed information on these cookies in the following section under V.

2. Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.

3. Purpose of data processing

The purpose of using session cookies is to make it easier for users to use websites. 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 also use cookies to identify a user for subsequent visits if he or she has an account with us.

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

In the aforementioned purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO.

4. Duration of storage, possibility of objection and removal

Cookies are stored on the user’s computer and transmitted to our site by the user. 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.

V. Use of Google Universal Analytics

1. Scope of processing of personal data

On this website we use Google Analytics, a web analysis service of Google Inc. (google intl about, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). We use the Google Universal Analytics version, which makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus analyze the activities of a user across all devices.

Google is certified under the Privacy Shield Agreement and thereby ensures compliance with European data protection legislation, see privacyshield participant.

Cookies are used via Google Analytics. Cookies are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. Google will use this information on our behalf in order to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.

We use Google Analytics only with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and, where applicable, to provide us with other services relating to website activity and internet usage.

Further information on the use of data by Google, setting and objection options can be found on the following Google web pages: google – privacy policies – partner (“Use of data by Google when using the websites or apps of our partners”), google – policies – technologies – ads (“Use of data for advertising purposes”), google – settings – ads (“Manage information that Google uses to show you advertising”).

2. Legal basis for the processing of personal data

The legal basis for the use of Google Analytics is § 15 Abs.3 TMG resp. Art. 6 Abs. 1 lit. f DSGVO.

3. Purpose of data processing

The use of Google Analytics serves to evaluate the use of our website and to compile reports on website activities. These purposes also include our legitimate interest in data processing.

4. Duration of storage

Sessions and campaigns are terminated after a certain period of time. By default, sessions end after 30 minutes of inactivity and campaigns end after six months. The maximum time limit for campaigns is two years.

5. Objection and removal option

You may refuse the use of cookies by selecting the appropriate settings on your browser or the Cookiebot settings during the first visit to this website, however please note that if you do this you may not be able to use the full functionality of this website. In addition, opt-out cookies prevent the future collection of your data when you visit this website. To allow Universal Analytics collecting your data across multiple devices, you must select the appropriate settings during your first website visit.

VI. Online forms (contact, online application)

Our website offers you the possibility to get in contact with us. You can use our online forms for a general contact or a direct contact with our contact persons or the online application.

1. Scope of the processing of personal data

If you use the corresponding form on our website, your personal and other data entered will automatically be transmitted by our web server in an e-mail to the employee responsible for the respective form. If necessary, we will forward your data to the correct recipient within the company in order to process your request. Your data will not be passed on to third parties.

The personal data transmitted by you via the online form will only be used within the framework of and to process your enquiry. Any further processing and use will only take place with your express consent.

If you have given your consent for us to send you further information, we will process and use your personal data to provide you with interesting and important information.

a)       A contact form is available on our website, which can be used for electronic contact. If a user makes use of this possibility, the data entered in the input fields will be transmitted to us and stored.

Information required to use the contact form:

Name

Phone number

E-mail

Company

Subject

Message content

At the time the message is sent, the following data will also be stored:

The IP address of the user

Date and time of registration

By submit the form, you consent to allow GIATA to process and store your personal data as described.

An additional declaration is required to allow GIATA to send you marketing communication by e-mail.

 

 

 

2. Legal basis of the data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO as a result of your consent.

3. Purpose of the data processing

The processing of the personal data from the input mask serves us exclusively for the processing of the establishment of contact. 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.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected.

For the personal data from the input mask of the contact form, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been conclusively clarified.

5. Possibility of objection and removal

You have the possibility at any time to revoke your consent to the processing of your personal data and to object to the storage of your data. In this case, however, the conversation can no longer be continued or your online application can no longer be considered.

You can also cancel your subscription to the newsletter at any time. For this purpose, there is a corresponding link in every newsletter.

You may revoke your consent and object to the further storage of your data by contacting us by e-mail at sales[at]giata.de, by telephone at +49 (30) 420 265 50 or by mail at GIATA GmbH, Sales, Schlesische Str. 26, 10997 Berlin, Germany.

Please note that unencrypted e-mails sent via the Internet are not adequately protected from unauthorized access by third parties.

All personal data that we have stored about you in connection with an online form will then be deleted by us.

VII. E-mail contact

1. Description and scope of data processing

The user can also contact us via the e-mail addresses published by us on the website. In this case, the personal data of the user transmitted with the e-mail will be stored.

The data will not be passed on to third parties in this context. The data will be used exclusively for the processing of the conversation. We may forward the e-mail internally to a responsible employee if you have contacted a general e-mail address or the address of an employee who is not responsible or absent.

2. Legal basis for data processing

The legal basis for processing the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f DSGVO. If the purpose of the e-mail contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

3 Purpose of data processing

The processing of the personal data from the e-mail serves us solely to process the establishment of contact. This is also the necessary legitimate interest in the processing of the data.

4. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. 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 relevant facts have been conclusively clarified.

5. Possibility of opposition and removal

The user has the possibility to 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. For this purpose, the user can contact the responsible person named under I., who will then immediately delete the data. In such a case, the conversation cannot be continued.

 

VIII. Registration of customers

1. Description and scope of data processing

On product-specific websites operated by GIATA, we offer users the opportunity to register by providing personal data. The data is entered into an input mask and transmitted to us and stored. The data will not be passed on to third parties. The following data is collected as part of the registration process:

First name and surname

Company

E-mail address

The following data will also be stored at the time of registration:

The IP address of the user

Date and time of registration

As part of the registration process, the user’s consent to the processing of this data is obtained.

 

1. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO after consent has been given. In addition, registration serves to fulfil a contract to which the user is a party or to carry out pre-contractual measures, so additional legal basis for processing the data is Art. 6 para. 1 lit. b DSGVO.

2. Purpose of data processing

The registration of the user is necessary for the fulfilment of a contract with the user and for the provision of the contractually agreed contents and applications.

3. Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case during the registration process for the fulfilment of a contract or for the implementation of pre-contractual measures if the data are no longer necessary for the implementation of the contract. Even after the conclusion of the contract, it may be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations.

4. Possibility of objection and removal

As a user you have the possibility to cancel the registration at any time. You can change the data stored about you at any time via your account or, if this is not possible, have it changed by us. To have your account deleted or changed, please contact us by e-mail at sales[a]giata.de, by telephone at +49 (30) 420 265 50 or by post at GIATA GmbH, Sales, Schlesische Str. 26, 10997 Berlin, Germany.

If the data are necessary for the fulfillment of a contract or for the execution of pre-contractual measures, an early deletion of the data is only possible as far as contractual or legal obligations do not stand in the way of a deletion.

IX. 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 rights described in more detail below.

Please contact us in all cases with your request: By e-mail to sales[a]giata.de, by telephone on +49 (30) 420 265 50 or by post to GIATA GmbH, Sales, Schlesische Str. 26, 10997 Berlin, Germany.

 

1. Right to information

You may request confirmation from us 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 us:

(1) the purposes for which the personal data will be processed;

(2) the categories of personal data processed;

(3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;

(4) the planned duration of the retention of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the retention period;

(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 on the origin of the data, if the personal data are not collected from 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.

 

2. Right to rectification

You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. We will carry out the rectification immediately after your notification.

3. The right to limit the processing

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

(1) if you dispute the accuracy of the personal data concerning you for a period of time which allows the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse to erase the personal data and instead request that the use of the personal data be restricted;

(3) the controller no longer needs the personal data for the purposes of the processing, but you need them for the assertion, exercise or defence of legal claims, or

(4) if you have objected to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been established whether the legitimate reasons of the data controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data – apart from their storage – may only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State. If the processing restriction has been limited in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to cancellation

(a) Duty 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:

Personal data relating to you shall no longer be necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO was based and there is no other legal basis for the processing.

(3) You object to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 DSGVO.

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of your 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.

(6) The personal data relating to you have been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.

b) Information to third parties

If we have made the personal data concerning you public and if we are obliged to delete them pursuant to Art. 17 para. 1 DSGVO, we 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) the exercise of freedom of expression and information;

(2) to fulfil a legal obligation which processing is subject to 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 as well as Art. 9 para. 3 DSGVO;

(4) for archival purposes in the public interest, 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) presumably makes the attainment of the objectives of such processing impossible or seriously impairs them, or

(5) to assert, exercise or defend legal claims.

5. Right to information

If you have asserted the right to correction, deletion or limitation of processing against us, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this correction or deletion or limitation of processing, unless this proves impossible or involves disproportionate effort.

You have the right to be informed of such recipients.

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer 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 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) the processing is carried out by automated means.

In exercising this right, you also have the right to request that the personal data relating to you be transferred directly by us to another responsible person, insofar 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 objection

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 lit. e or f DSGVO.

We will then no longer process the personal data concerning you unless we can prove compelling reasons for 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 at any time to object 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 processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

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

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law 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. 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 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 with which the complaint was lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.