Legal

Privacy Policy

Datenschutzerklärung · In accordance with the GDPR and TDDDG

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1. Privacy at a Glance

General Information

The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. Detailed information on the subject of data protection can be found in our privacy policy set out below this text.

Data Collection on This Website

Who is responsible for data collection on this website?

Data processing on this website is carried out by the website operator. The operator’s contact details can be found in the section “Notice Concerning the Controller” in this privacy policy.

How do we collect your data?

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

Other data is collected automatically, or after you have given your consent, by our IT systems when you visit the website. This is primarily technical data (e.g., internet browser, operating system, or time of page access). This data is collected 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. Where contracts can be concluded or initiated via the website, the transmitted data will also be processed for contract offers, orders, or other order inquiries.

What rights do you have regarding your data?

You have the right at any time to receive information, free of charge, about the origin, recipients, and purpose of your stored personal data. You also have the right to request the rectification or erasure of this data. If you have given consent to data processing, you may revoke this consent at any time with effect for the future. In addition, you have the right, under certain circumstances, to request the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

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

2. Hosting

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

External Hosting

This website is hosted externally. The personal data collected on this website is stored on the servers of the hosting provider(s). This may include, in particular, IP addresses, contact requests, metadata and communication data, contract data, contact details, names, website access data, and other data generated via a website.

External hosting is carried out for the purpose of fulfilling contracts with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of a secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). Where corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent covers the storage of cookies or access to information on the user’s terminal device (e.g., device fingerprinting) within the meaning of the TDDDG. Consent may be revoked at any time.

Our hosting provider(s) will process your data only to the extent necessary to fulfil its/their service obligations and will follow our instructions with regard to this data.

We use the following hosting provider(s):

  • SCALEWAY
  • SIREN: 433 115 904 RCS Paris
  • Registered office: 8 rue de la Ville l’Évêque, 75008 Paris, France
  • VAT number: FR 35 433115904
  • Director of publication: Arnaud Brindejonc de Bermingham

Data Processing Agreement

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract required by data protection law which ensures that the provider 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

Data Protection

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 privacy policy.

When you use this website, various personal data is collected. Personal data is data by which you can be personally identified. 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.

Please note that data transmission over the internet (e.g., when communicating by email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.

Notice Concerning the Controller

The controller responsible for data processing on this website is:

EMPA Data & Management Consulting GmbH
Bettinastraße 62, 60325 Frankfurt am Main, Hesse, Germany

Phone: +49 69 95956731
Email: info@empa.co

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

Storage Period

Unless a more specific storage period has been stated within this privacy policy, your personal data will remain with us until the purpose for the data processing no longer applies. If you assert a legitimate request for erasure or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., retention periods under tax or commercial law); in the latter case, deletion will take place once these reasons cease to apply.

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, where special categories of data under Art. 9(1) GDPR are processed. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49(1)(a) GDPR. If you have consented to the storage of cookies or to access to information on your terminal device (e.g., via device fingerprinting), the data processing is additionally based on Section 25(1) TDDDG. Consent may be revoked at any time. If your data is required to perform a contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, we process your data where it is necessary to fulfil 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 pursuant to Art. 6(1)(f) GDPR. Information on the legal bases relevant in each individual case is provided in the following paragraphs of this privacy policy.

Recipients of Personal Data

In the course of our business activities, we work with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is necessary for 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 pursuant to Art. 6(1)(f) GDPR, or if another legal basis permits the disclosure. When using processors, we only disclose our customers’ personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint controllership agreement is concluded.

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

Right to Object to Data Collection in Special Cases and to Direct Marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH A PROCESSING OPERATION IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE ESTABLISHMENT, EXERCISE OR DEFENCE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

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

Right to Lodge a Complaint with the Competent Supervisory Authority

In the event of breaches 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 to lodge a complaint is without prejudice to any 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 performance 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 insofar as it is technically feasible.

Access, Rectification and Erasure

Within the scope of the applicable statutory provisions, you have the right at any time to free information about your stored personal data, its origin and recipients, and the purpose of the data processing and, where applicable, a right to rectification or erasure of this data. You may contact us at any time regarding this and any 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 may contact us at any time for this purpose. The right to restriction of processing applies in the following cases:

  • If you contest the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the verification, 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 request the restriction of data processing instead of erasure.
  • If we no longer need your personal data, but you need it to exercise, defend, or assert legal claims, you have the right to request the restriction of the processing of your personal data instead of its erasure.
  • If you have lodged an objection pursuant to Art. 21(1) GDPR, your interests and ours must be weighed against each other. 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 – apart from its storage – 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/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, this site uses SSL/TLS encryption. You can recognize an encrypted connection by the browser’s address bar changing from “http://” to “https://” and by the lock symbol in your browser bar.

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

4. Data Collection on This Website

Contact Form

If you send us an inquiry via the contact form, the details you enter, including your contact details, are sent to us by email, together with the address of the page you sent it from and any campaign parameters that address carried (utm_source, utm_medium, utm_campaign, utm_term, utm_content), for the purpose of processing the inquiry and in case of follow-up questions. The email is sent through Microsoft 365 to our sales mailbox. The website itself does not store these details. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of inquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this has been requested; consent may be revoked at any time.

The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to its storage, or the purpose for storing the data no longer applies (e.g., after your inquiry has been fully processed). Mandatory statutory provisions – in particular retention periods – remain unaffected.

Inquiries by Email, Telephone or Fax

If you contact us by email, telephone, or fax, your inquiry, including all resulting personal data (name, inquiry), will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective handling of inquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR) if this has been requested; consent may be revoked at any time.

The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to its storage, or the purpose for storing the data no longer applies (e.g., after your request has been fully processed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Email via Microsoft 365

We use Microsoft 365 for our email. Messages you send us by email, and inquiries sent through the contact form, are received and stored in our Microsoft 365 mailboxes. The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland.

We use Microsoft 365 on the basis of our legitimate interest in reliable and secure email communication (Art. 6(1)(f) GDPR).

Microsoft stores our data in data centres within the European Union. In some cases, data may nevertheless be transferred to Microsoft Corporation in the USA. That transfer is based on the European Commission’s adequacy decision for the EU–US Data Privacy Framework, under which Microsoft Corporation is certified, and on the Commission’s standard contractual clauses.

Data Processing Agreement

We have concluded a data processing agreement with Microsoft. It ensures that Microsoft processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

Source: https://www.e-recht24.de