Privacy Policy

Privacy policy

1. Data protection at a glance

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit our website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data collection on this website

Who is responsible for the data collection on this website?

Data processing on this website is carried out by the website operator. You can find their contact details in the section "Note on the responsible body" in this privacy policy.

How do we collect your information?

On the one hand, your data is collected when you provide it to us. This can be, for example, data that you enter into a contact form.

Other data is collected automatically or with your consent when you visit the website by our IT systems. This is mainly technical data (e.g. Internet browser, operating system or time of page access). The collection of this data takes place automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure that the website is provided without errors. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right at any time to obtain information free of charge about the origin, recipient and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data in certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time for this and other questions on the subject of data protection.

Analysis and third-party tools

When you visit this website, your surfing behaviour can be statistically evaluated. This is mainly done with so-called analysis programs.

Detailed information about these analysis programs can be found in the following privacy policy.

2. Hosting

We host the content of our website with the following provider:

Sascha Lafond

nocyo GmbH

Bergiusstr. 8c

46244 Bottrop

External Hosting

This website is hosted externally. The personal data collected on this website is stored on the servers of the hoster/hosters. This can include, but is not limited to, IP addresses, contact requests, meta and communication data, contract data, contact data, names, website accesses and other data generated via a website.

External hosting is carried out for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offering by a professional provider (Art. 6 para. 1 lit. f GDPR).

If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) (a) GDPR and § 25 (1) TDDDG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g. device fingerprinting) within the meaning of the TDDDG. The consent can be revoked at any time.

Our hoster(s) will only process your data to the extent necessary to fulfil its performance obligations and follow our instructions with regard to this data.

We use the following host(s):

Sascha Lafond

nocyo GmbH

Bergiusstr. 8c

46244 Bottrop

Order processing

We have concluded a contract processing agreement (DPA) for the use of the above-mentioned service. This is a contract required by data protection law that ensures that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

3. General information and mandatory information

Privacy

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data is collected.

Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) may have security gaps. It is not possible to completely protect the data from access by third parties.

Note on the responsible body

The person responsible for data processing on this website is:

AGS Acker Schmalz Attorneys at Law

Partnerschaftsgesellschaft mbB

AGS Legal

Senckenberganlage 19

60325 Frankfurt am Main

Phone: +49 69/76 80 73-0

Email: info@ags-legal.com

The controller is the natural or legal person who, alone or jointly with others, decides on the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Storage period

Unless a specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which the data is processed no longer applies. If you assert a justified request for erasure or revoke consent to data processing, your data will be deleted, unless we have other legally permissible grounds for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the deletion takes place after these reasons have ceased to exist.

General information on the legal basis of data processing on the website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, insofar as special categories of data are processed in accordance with Art. 9 (1) GDPR. In the case of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 (1) (a) GDPR. If you have consented to the storage of cookies or access to information in your device (e.g. via device fingerprinting), data processing is also carried out on the basis of Section 25 (1) TDDDG. The consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 (1) (b) GDPR. Furthermore, we process your data if it is necessary to comply with a legal obligation on the basis of Art. 6 (1) (c) GDPR.

Data processing may also be carried out on the basis of our legitimate interest in accordance with Art. 6 (1) (f) GDPR. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this data protection declaration.

Data protection supervisor

We have appointed a data protection officer.

Dipl.-Ing. Lars Ebertz

Ober Den Wiesen 17

35756 Mittenaar

Email: lars@ebertz-datenschutz.de

Recipients of personal data

As part of our business activities, we work together with various external bodies. In some cases, it is also necessary to transmit personal data to these external bodies. We only pass on personal data to external bodies if this is necessary in the context of the performance of a contract, if we are legally obliged to do so (e.g. disclosure of data to tax authorities), if we have a legitimate interest in the disclosure in accordance with Art. 6 (1) (f) GDPR or if another legal basis allows the data transfer. When using

We only pass on personal data of our customers to processors on the basis of a valid contract for order processing. In the case of joint processing, a joint processing contract is concluded.

Withdrawal of your consent to data processing

Many data processing operations are only possible with your explicit consent. You can revoke any consent you have already given at any time. The lawfulness of the data processing carried out up to the time of revocation remains unaffected by the revocation.

Right to object to data collection in special cases as well as to direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 PARA. 1 LIT. E OR F GDPR YOU HAVE THE RIGHT AT ANY TIME TO WITHDRAW FROM THE SITUATION AGAINST THE PROCESSING OF YOUR PERSONAL DATA TO LODGE AN OBJECTION; THIS SHALL ALSO APPLY TO AN APPLICATION BASED ON THESE PROVISIONS PROFILING. THE RESPECTIVE LEGAL BASIS ON WHICH THE PROCESSING IS BASED, PLEASE REFER TO THIS PRIVACY POLICY. IF YOU FILE AN OBJECTION, IF WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED, IT WILL BE UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING OF EVIDENCE THAT OUTWEIGHS YOUR INTERESTS, RIGHTS AND FREEDOMS OR THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PARA. 1 GDPR).

YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOU AT ANY TIME CONCERNING PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING; THIS ALSO APPLIES TO PROFILING, INSOFAR AS IT IS RELATED TO SUCH DIRECT ADVERTISING IN CONNECTION. IF YOU OBJECT, YOUR PERSONAL DATA WILL THEN NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).

Right to lodge a complaint with the competent supervisory authority

In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a

supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged infringement. The right of appeal exists without prejudice to other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done to the extent that it is technically feasible.

Information, correction and deletion

Within the framework of the applicable legal provisions, you have the right to free use of the

Information about your stored personal data, its origin and recipients and the purpose of the data processing and, if applicable, a right to rectification or deletion of this data. You can contact us at any time for this and other questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this. The right to restriction of processing exists in the following cases:
If you contest the accuracy of your personal data stored by us, we will need usually time to check this. For the duration of the audit, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data was/is unlawful, you may demand the restriction of data processing instead of deletion.
If we no longer need your personal data, but you have used it to exercise it, If you need to defend or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of erasure.
If you have filed an objection in accordance with Art. 21 (1) GDPR, a balancing of your interests and ours must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may only be processed with your consent or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the European Union or of a Member State.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as Orders or inquiries that you send to us as the site operator require an SSL or TLS Encryption. You can recognize an encrypted connection by the fact that the address bar of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Objection to advertising e-mails

The use of contact details published in the context of the imprint obligation for the sending of unsolicited advertising and information material is hereby contradicted. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam e-mails.

4. Data collection on this website

Cookies

Our websites use so-called "cookies". Cookies are small data packets and target

Your device will not be harmed. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or until your web browser automatically deletes them.

Cookies can come from us (first-party cookies) or from third-party companies (so-called third-party cookies).

cookies). Third-party cookies enable the integration of certain services of Third-party companies within websites (e.g. cookies used to process payment services).

Cookies have different functions. Many cookies are technically necessary because certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies may be used to evaluate user behavior or for advertising purposes.

Cookies that are necessary to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimise the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 (1) (f) GDPR, unless another legal basis is indicated. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies, the processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TDDDG); consent can be revoked at any time.

You can set your browser to inform you about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general as well as enable the automatic deletion of cookies when the browser is closed. If you disable cookies, the functionality of this website may be limited.

You can find out which cookies and services are used on this website in this privacy policy.

CookieFirst

Our website uses CookieFirst to obtain your consent to the storage of certain cookies on your device or to the use of certain technologies and to document them in compliance with data protection regulations. The provider of this technology is Digital Data Solutions B.V. (CookieFirst), Plantage Middenlaan 42A, 1018 DH Amsterdam, The Netherlands (hereinafter referred to as "CookieFirst").

When you enter our website, a connection is established to CookieFirst's servers in order to

Obtain your consents and other explanations regarding the use of cookies. CookieFirst then stores a cookie in your browser in order to be able to assign the consents you have given or their revocation. The IP address (anonymized), the user agent of the browser and operating system as well as the URL from which the consent was given are processed and integrated into CookieFirst. The data collected in this way will be stored until you ask us to delete it, delete the CookieFirstCookie yourself or the purpose for storing the data no longer applies. Mandatory statutory retention obligations remain unaffected.

CookieFirst transfers personal data to third-party service providers. These include CDN from Slovenia, IPGeolocalization from Romania and hosting with OHV in Germany and France. CookieFirst is headquartered in Amsterdam, the Netherlands.

CookieFirst is used to obtain the legally required consents for the use of cookies. The legal basis for this is Art. 6 para. 1 sentence 1 lit. c GDPR.

Order processing

Personal data is collected in the course of the application process. We assure you that the collection, processing and use of your data will be carried out in accordance with applicable data protection law and all other legal provisions and that your data will be treated in the strictest confidence.

5. Audio and video conferencing

Data processing

We use online conferencing tools, among others, to communicate with our customers. The individual tools we use are listed below. If you communicate with us by video or audio conference via the internet, your personal data will be collected and processed by us and the provider of the respective conference tool.

The conferencing tools collect all the data that you provide/enter to use the tools (e-mail address and/or your telephone number). The conference tools also process the duration of the conference, the start and end (time) of participation in the conference, the number of participants and other ‘contextual information’ in connection with the communication process (metadata).

Furthermore, the provider of the tool processes all technical data required for the processing of online communication are required. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

If content is exchanged, uploaded or provided in any other way within the tool, it is also stored on the tool provider's servers.Such content includes, in particular, cloud recordings, chat/instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared while using the service.Please note that we do not have full control over the data processing operations of the tools used.Our options are largely determined by the company policy of the respective provider.

Further information on data processing by the conference tools can be found in the privacy policies of the tools used, which we have listed below this text.

Purpose and legal basis

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 lit. b GDPR). Furthermore, the use of the tools serves the general simplification and acceleration of

communication with us or our company (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). If consent has been requested, the tools in question are used on the basis of this consent; consent can be withdrawn at any time with effect for the future.

Storage period

The data collected directly by us via the video and conference tools will be deleted from our systems as soon as you ask us to delete it, revoke your consent to its storage or the purpose for which it was stored no longer applies. Stored cookies remain on your device until you delete them. Mandatory statutory retention periods remain unaffected.

We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.

Conference tools used

We use the following conference tools:

Microsoft Teams

We use Microsoft Teams. The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. Details on data processing can be found in the Microsoft Teams privacy policy: https://privacy.microsoft.com/de-de/privacystatement.

The company is certified according to the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA that is intended to ensure compliance with European data protection standards for data processing in the USA. Every company certified according to the DPF is committed to complying with these data protection standards. Further information on this can be obtained from the provider under the following link:

https://www.dataprivacyframework.gov/s/participant-search/participant detail?contact=true&id=a2zt0000000KzNaAAK&status=Active

Order processing

6. Own Services

Handling of applicant data

We offer you the opportunity to apply for a job with us (e.g. by e-mail, post or online application form). In the following, we will inform you about the scope, purpose and use of your personal data

of the personal data collected as part of the application process. We assure you that your data will be collected, processed and used in accordance with the applicable data protection law and all other statutory provisions and that your data will be treated in strict confidence.

Scope and purpose of data collection

If you send us an application, we will process your associated personal data (e.g. contact and communication data

personal data (e.g. contact and communication data, application documents, notes taken during interviews, etc.) insofar as this is necessary for the decision on the establishment of an employment relationship.

employment relationship is required. The legal basis for this is § 26 BDSG under German law (initiation of an employment relationship), Art. 6 para. 1 lit. b GDPR (general contract initiation) and - if you have given your consent - Art. 6 para. 1 lit. a GDPR. Consent can be revoked at any time. Your personal data will only be passed on within our company to persons who are involved in processing your application.

If the application is successful, the data submitted by you will be stored in our data processing systems on the basis of § 26 BDSG and Art. 6 para. 1 lit. b GDPR for the purpose of implementing the employment relationship.

Data retention period

If we are unable to make you a job offer, you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) for up to 6 months from the end of the application process (rejection or withdrawal of the application).

The data will then be deleted and the physical application documents destroyed. The retention serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the 6-month period has expired (e.g. due to an impending or pending legal dispute), the data will only be deleted when the purpose for further storage no longer applies.

Longer storage may also take place if you have given your consent (Art. 6 para. 1 lit. a GDPR) or if statutory retention obligations prevent deletion.

Inclusion in the applicant pool

Longer storage may also take place if you have given your consent (Art. 6 para. 1 lit. a GDPR) or if statutory retention obligations prevent deletion.

7. Our social media appearances

This privacy policy applies to the following social media sites

https://twitter.com/ags_legal

https://www.xing.com/pages/agslegal-agsackerschmalzrechtsanwaltepartnerschaftsgesellschaftmbb

https://www.linkedin.com/company/ags-legal---acker-g%C3%B6rling-schmalz-rechtsanw%C3%A4lte

Data processing through social networks

We maintain publicly available profiles in social networks. The individual social networks we use can be found below.

Social networks such as Facebook, Google+ etc. can generally analyze your user behavior comprehensively if you visit their website or a website with integrated social media content (e.g. like buttons or banner ads). When you visit our social media pages, numerous data protection-relevant processing operations are triggered. In detail:

If you are logged in to your social media account and visit our social media page, the operator of the social media portal can assign this visit to your user account. Under certain circumstances, your personal data may also be recorded if you are not logged in or do not have an account with the respective social media portal. In this case, this data is collected, for example, via cookies stored on your device or by recording your IP address.

Using the data collected in this way, the operators of the social media portals can create user profiles in which their preferences and interests are stored. This way you can see interest-based advertising inside and outside of your social media presence. If you have an account with the social network, interest-based advertising can be displayed on any device you are logged in to or have logged in to.

Please also note that we cannot retrace all processing operations on the social media portals. Depending on the provider, additional processing operations may therefore be carried out by the operators of the social media portals. Details can be found in the terms of use and privacy policy of the respective social media portals.

Legal basis

Our social media appearances should ensure the widest possible presence on the Internet. This is a legitimate interest within the meaning of Art. 6 (1) lit. f GDPR. The analysis processes initiated by the social networks may be based on divergent legal bases to be specified by the operators of the social networks (e.g. consent within the meaning of Art. 6 (1) (a) GDPR).

Responsibility and assertion of rights

If you visit one of our social media sites (e.g., Facebook), we, together with the operator of the social media platform, are responsible for the data processing operations triggered during this visit. You can in principle protect your rights (information, correction, deletion, limitation of processing, data portability and complaint) vis-à-vis us as well as vis-à-vis the operator of the respective social media portal (e.g. Facebook).

Please note that despite the shared responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options are determined by the company policy of the respective provider.

Storage time

The data collected directly from us via the social media presence will be deleted from our systems as soon as the purpose for their storage lapses, you ask us to delete it, you revoke your consent to the storage or the purpose for the data storage lapses. Stored cookies remain on your device until you delete them. Mandatory statutory provisions - in particular, retention periods - remain unaffected.

We have no control over the storage duration of your data that are stored by the social network operators for their own purposes. For details, please contact the social network operators directly (e.g. in their privacy policy, see below).

Your rights

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to object, the right to data portability and the right to lodge a complaint with the competent supervisory authority. Furthermore, you can request the rectification, blocking, erasure and, under certain circumstances, the restriction of the processing of your personal data.

Individual social networks

X (Twitter)

We use the short message service Twitter. The provider is Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Irland.

You can customize your Twitter privacy settings in your user account. Click on the following link and log in: https://twitter.com/personalization.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission.

Details can be found here: https://gdpr.twitter.com/en/controller-to-controller-transfers.html.

Details can be found in X's privacy policy: https://twitter.com/de/privacy.

XING

We have a profile on XING. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. Details on their handling of your personal data can be found in the XING Privacy Policy:

https://privacy.xing.com/de/datenschutzerklaerung.

We have a LinkedIn profile. The provider is the LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn is certified under the EU-US Privacy Shield. LinkedIn uses advertising cookies.

If you want to disable LinkedIn advertising cookies, please use the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

For details on how they handle your personal information, please refer to LinkedIn's privacy policy: https://www.linkedin.com/legal/privacy-policy.