Privacy Policy
We are very pleased about your interest in our company. Data protection is of particularly high importance for the management of AMBA GmbH. The use of the web pages of AMBA GmbH is possible without any indication of personal data. However, if a data subject wishes to use special services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address, or telephone number of a data subject, shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to AMBA GmbH. By means of this data protection declaration, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed, through this data protection declaration, of the rights to which they are entitled.
As the controller, AMBA GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.
1. Definitions
The privacy policy of AMBA GmbH is based on the terminology used by the European Directive and Regulation legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this privacy policy, we use, among others, the following terms:
a) Personal Data
Personal data are any information related to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) Data Subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
e) Profiling
Profiling refers to any form of automated processing of personal data consisting of using that data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or Controller Responsible for Processing
A controller or controller responsible for processing is a natural or legal person, authority, institution 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 determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
A processor is a natural or legal person, authority, institution or other body which processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, authority, institution or other body to whom personal data are disclosed, whether a third party or not. However, authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third Party
A third party is a natural or legal person, authority, institution or other body other than the data subject, the controller, the processor, and the persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the Controller
The controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
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AMBA Dive Private Limited
6th Floor, Aagé, 12 Boduthakurufaanu
Magu Henveiru, 20094, Male,
MaldivesKontakt
Tel: +49 176 445 407 53
info@amba-malediven.com
www.amba-malediven.com
3. Cookies
The websites of AMBA GmbH use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which websites and servers can assign the specific internet browser in which the cookie was stored. This allows the visited websites and servers to differentiate the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified through the unique cookie ID.
By using cookies, AMBA GmbH can provide more user-friendly services to the users of this website, which would not be possible without the setting of cookies.
3. Use of Cookies
Cookies are used on our website to optimize information and services for the user. As mentioned, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to utilize our website. For example, users of a website that uses cookies do not have to re-enter their login details every time they visit the website, as this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.
The data subject may at any time prevent the setting of cookies by our website through a corresponding setting of the used web browser and thus permanently object to the setting of cookies. Furthermore, already set cookies can be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject deactivates the setting of cookies in the used web browser, not all functions of our website may be fully usable.
4. Collection of General Data and Information
Each time our website is accessed by a data subject or an automated system, the website of AMBA GmbH collects a series of general data and information. These general data and information are stored in the server log files. Collected may be (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites 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 that serve to prevent threats in case of attacks on our information technology systems.
When using these general data and information, AMBA GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the contents of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. These anonymously collected data and information are therefore evaluated statistically and with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our Website
The data subject has the opportunity to register on the website of the controller with the indication of personal data. The personal data which are transmitted to the controller result from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g., a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. As such, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, as far as there are no statutory storage obligations. A designated data protection officer and the entire staff of the controller are available to the data subject in this respect as contact persons.
6. Contact Possibility via the Website
The website of AMBA GmbH contains, due to legal regulations, details that enable rapid electronic contact with 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 controller responsible for processing by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
7. Routine Deletion and Blocking of Personal Data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
8. Rights of the Data Subject
a) Right to Confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
b) Right to Information
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain at any time free information about his or her stored personal data and a copy of this information from the data controller. Furthermore, the European legislator has provided the data subject with access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- 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;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject has the right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
c) Right to Rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain the immediate rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
d) Right to Erasure (Right to be Forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as 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 consent on which the processing is based according to Article 6(1)(a) of the GDPR, or Article 9(2)(a) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The erasure of personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Where one of the above reasons applies, and a data subject wishes to request the erasure of personal data stored by AMBA GmbH, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of AMBA GmbH or another employee shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made the personal data public and is obliged pursuant to Article 17(1) to erase the personal data, AMBA GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The Data Protection Officer of AMBA GmbH or another employee will arrange the necessary measures in individual cases.
e) Right to Restriction of Processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject opposes the erasure of the personal data and requests instead the restriction of their use.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR and it is not yet ascertained whether the legitimate grounds of the controller override those of the data subject.
Where one of the above conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by AMBA GmbH, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of AMBA GmbH or another employee will arrange the restriction of the processing.
f) Right to Data Portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by AMBA GmbH or another employee.
g) Right to Object
Every data subject affected by the processing of personal data has the right granted by the European legislator, for reasons arising from his or her particular situation, to object at any time to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
AMBA GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If AMBA GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to AMBA GmbH to the processing for direct marketing purposes, AMBA GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by AMBA GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact the Data Protection Officer of AMBA GmbH or another employee. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) is based on the data subject’s explicit consent, AMBA GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time contact our Data Protection Officer or another employee of the controller.
i) Right to withdraw data protection consent
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time contact our Data Protection Officer or another employee of the controller.
9. Data Protection Provisions About the Application and Use of Google Analytics (with Anonymization Function)
The controller responsible for processing has integrated the component of Google Analytics (with anonymization function) on this website. 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 analytics 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 4, Ireland.
The controller uses the “_gat._anonymizeIp” addition for web analysis via Google Analytics. By means of this addition, the IP address of the internet connection of the data subject is shortened and anonymized by Google when access to our websites is from a member state of the European Union or from another contracting state of 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 data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our websites, and to provide other services concerning the use of our website.
Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been 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 website, 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 to our website by the data subject. With each visit to our website, 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.
Furthermore, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which are related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics via JavaScript that any data and information about the visits of web pages may not be transmitted to Google Analytics. The installation of the browser add-on is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-on to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person within their sphere of control, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.de/intl/de/policies/privacy/ and under http://www.google.com/analytics/terms/de.html. Google Analytics is further explained under the following link https://www.google.com/intl/de_de/analytics/.
10. Data Protection Provisions for the Use of Google Maps
This page uses the map service Google Maps via an API. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
To use the features of Google Maps, it is necessary to store your IP address. This information is usually transferred to a server of Google in the USA and stored there. The provider of this page has no influence on this data transfer.
The use of Google Maps is in the interest of an attractive presentation of our online offers and an easy findability of the places indicated by us on the website. This constitutes a legitimate interest within the meaning of Art. 6 Para. 1 lit. f GDPR.
For more information on the handling of user data, please refer to Google’s privacy policy:
https://policies.google.com/privacy?hl=en.
11. Data Protection Provisions for the Use of Google reCAPTCHA
We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
reCAPTCHA is used to check whether the data entry on our website (e.g., in a contact form) is done by a human or by an automated program. For this purpose, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g., IP address, duration of the website visitor’s stay on the website, or mouse movements made by the user). The data collected during the analysis are forwarded to Google.
The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that an analysis is taking place.
Data processing is based on Art. 6 Para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its web offers from abusive automated spying and from SPAM.
For more information about Google reCAPTCHA, please refer to Google’s privacy policy and terms of use under the following links:
https://policies.google.com/privacy?hl=en and
https://policies.google.com/terms?hl=en.
12. Data Protection Provisions for the Use of Instagram
The controller responsible for processing has integrated components of the Instagram service on this website. Instagram is a service that can be classified as an audiovisual platform and enables users to share photos and videos and also to disseminate such data in other social networks.
The operating company of Instagram’s services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.
Each time one of the individual pages of this website operated by the controller and on which an Instagram component (Insta-button) has been integrated is called up, the internet browser on the information technology system of the data subject is automatically prompted by the respective Instagram component to download a display of the corresponding component from Instagram. In the course of this technical procedure, Instagram becomes aware of which specific sub-page of our website is visited by the data subject.
If the data subject is logged in to Instagram at the same time, Instagram recognizes with each call-up to our website by the data subject and for the entire duration of their stay on our website which specific sub-page the data subject visits. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transferred with it are assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.
Instagram always receives information via the Instagram component that the data subject has visited our website if the data subject is logged in to Instagram at the time of the call-up to our website; this occurs regardless of whether the data subject clicks on the Instagram component or not. If such a transmission of this information to Instagram is not desired by the data subject, they can prevent this by logging out of their Instagram account before a call-up to our website.
Further information and Instagram’s current privacy policy can be found at https://www.facebook.com/privacy/policy/.
13. Data Protection Provisions for the Use of YouTube
The controller responsible for processing has integrated components of YouTube on this website. YouTube is an internet video portal that allows video publishers to post video clips free of charge and other users to view, rate, and comment on them free of charge. YouTube allows the publication of all kinds of videos, which is why complete film and television shows, as well as music videos, trailers, or user-made videos can be accessed via the internet portal.
The operator of the pages is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Each time one of the individual pages of this website operated by the controller and on which a YouTube component (YouTube video) has been integrated is called up, the internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a display of the corresponding YouTube component from YouTube. Further information about YouTube can be obtained at https://www.youtube.com/yt/about/en/. In the course of this technical procedure, YouTube and Google become aware of which specific sub-page of our website is visited by the data subject.
If the data subject is logged in to YouTube at the same time, YouTube recognizes with the call-up of a sub-page containing a YouTube video, which specific sub-page of our website the data subject is visiting. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google receive information via the YouTube component that the data subject has visited our website whenever the data subject is logged in to YouTube at the time of the call-up to our website; this occurs regardless of whether the data subject clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desired by the data subject, they can prevent this by logging out of their YouTube account before a call-up to our website.
The privacy policy published by YouTube, which is available at https://www.google.com/intl/en/policies/privacy/, provides information about the collection, processing, and use of personal data by YouTube and Google.
14. Legal Basis for Processing
Art. 6 I lit. a GDPR serves as the legal basis for processing operations by our company 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 data subject is party, as is the case, for example, in processing operations necessary for the delivery of goods or the provision of any other service or consideration, then processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, then processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6 I lit. d GDPR.
Finally, processing operations could be based on Art. 6 I lit. f GDPR. This legal basis covers processing operations that are not covered by any of the aforementioned legal grounds, if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not prevail. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
15. Legitimate Interests in Processing Pursued by the Controller or a Third Party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the well-being of all our employees and our shareholders.
16. Duration for Which the Personal Data Will Be Stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, provided it is no longer necessary for the fulfillment or initiation of a contract.
17. Legal or Contractual Provisions for the Provision of Personal Data; Necessity for the Conclusion of a Contract; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information about the contractual partner).
Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data, the data subject must contact our data protection officer. Our data protection officer clarifies to the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and the consequences of non-provision of the personal data.
18. Existence of Automated Decision-Making
As a responsible company, we do not use automatic decision-making or profiling.
This privacy statement was created by the privacy statement generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which operates as an external data protection officer in Landshut, in cooperation with the lawyer for IT and data protection law Christian Solmecke.