Data protection declaration
This data protection declaration provides information about the type, extent and purpose of the processing of personal data (hereinafter referred to as “personal data”) within our online offer and its associated websites, functions and contents as well as external online presences, such as our social media profile (hereinafter referred to collectively as our “online service”). We refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR) in regard to used terms such as “processing” or “controller”.
Controller
Wireless.Consulting GmbH
Neulehenstrasse 8a
33790 Halle / Westfalen, Germany
Tel +49 52 01 – 85 95 40
Fax +49 52 01 – 85 95 419
info(at)wirelessconsulting.de
Gütersloh District Court HRB 7049
Directors: Alexander Bendler, Stephan Buchner
The place of jurisdiction is Gütersloh, Germany
You are entitled at any time to free information about your stored personal data, its origin, recipients and the purpose of data processing and you have the right to rectification, blocking or erasure of this data. If you have any related questions that this data protection declaration could not answer, you can contact us at any time at the following e-mail address or via our contact details given in the corporate information: datenschutz@wirelessconsulting.de
The types of data processed:
– User details (e.g. names and addresses).
– Contact data (e.g. e-mail and telephone numbers).
– Content data (e.g. text input, photographs and videos).
– Usage data (e.g. web pages visited, interest in content and access times).
– Metadata/communication data (e.g. device information, IP addresses).
Categories of data subjects
Visitors and users of the online service (hereinafter we refer to the data subjects collectively as “users”).
Purpose of processing
– To provide the online service, its functions and contents.
– To respond to contact requests and to communicate with users.
– For security measures.
– To measure audience reach and for marketing
Used terms
“Personal data” means any information relating to an identified or identifiable natural person (“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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations that is performed on personal data, whether or not by automated means. The term is broad and covers virtually all processing of data.
“Pseudonymization” means 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.
“Profiling” means any form of automated processing of personal data consisting of the use of personal 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.
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal basis
In accordance with Art. 13 GDPR, we provide you here with information regarding the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: Article 6(1)(a) and Art. 7 GDPR provide the legal basis for obtaining consent, Art. 6(1)(b) GDPR provides the basis for processing in fulfilment of our services and execution of contractual measures and to answer inquiries, Art. 6(1)(c) GDPR provides the basis for processing in fulfilment of our legal obligations, and Art. 6(1)(f) GDPR is the basis for processing for the purposes of our legitimate interests. In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6(1)(d) GDPR serves as the legal basis.
Security measures
In accordance with Art. 32 GDPR and taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Such measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as other data access, input, disclosure, safeguarding of availability and segregation. Furthermore, we have established procedures that ensure that data subjects can exercise their rights, that data is deleted and that we respond to any threats to the data. We also take the protection of personal data into account right from the early stages of the development or selection of hardware, software and processes, in accordance with the principle of data protection by design and by default (Art. 25 GDPR).
Cooperation with processors and third parties
If in the course of our processing we disclose data to other persons and companies (processors or third parties), transfer the data to them or otherwise grant them access to the data, this takes place only on the basis of a legal authorization (e.g. if the data has to be transferred to third parties, such as payment service providers, in accordance with Art. 6(1)(b) GDPR for the fulfilment of the contract), if you have given your consent, if a legal obligation provides for this, or for the purpose of our legitimate interests (e.g. when using agents, web hosts etc.).
If we commission third parties to process data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is for the purpose of fulfilling our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation, or for the purpose of our legitimate interests. Subject to legal or contractual permissions, we will only process or allow the data to be processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of the data subject
You have the right to obtain confirmation as to whether or not relevant data is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to demand that data concerning you be completed or that incorrect data concerning you be corrected.
In accordance with Art. 17 GDPR, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand that the processing of the data be restricted.
You have the right to receive the personal data concerning you that you have provided to us, in accordance with Art. 20 GDPR, and to require that those data be transmitted to another controller.
You also have the right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR.
Right of withdrawal
In accordance with Art. 7(3) GDPR, you have the right to withdraw your consent with effect for the future.
Right to object
In accordance with Art. 21 GDPR, you can object at any time to any future processing of personal data concerning you. Objections can be submitted, in particular, to processing for the purposes of direct advertising.
Cookies and the right of objection to direct marketing
“Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or about the device on which the cookie is stored) during or after the user’s visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes the browser. These cookies can be used, for example, to store the contents of a shopping cart in an online shop or a login status. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. The login status can be saved, for example, in case the user visits the website again after several days. The interests of the users, which are used for reach measurement or marketing purposes, can also be stored in such a cookie. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online service (the controller’s own cookies are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this in our privacy policy.
Users are asked to deactivate the relevant option in their browser’s settings if they do not want cookies to be stored on their computer. Stored cookies can be deleted in the browser’s settings. Rejecting cookies can lead to limitations in the functions of our online service.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. The storage of cookies can also be deactivated in the browser settings. Please note that in this case not all of the functions of this online service can be used.
Erasure of data
The data processed by us will be erased or its processing will be restricted in accordance with articles 17 and 18 GDPR. If not expressly stated otherwise in this data protection declaration, data stored by us is deleted as soon as it is no longer required for the intended purpose and no legal retention obligations oppose the deletion. If the data is not deleted because it is required for other and legally permissible purposes, then the processing of this data will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial law or tax law reasons.
According to legal requirements in Germany, data is retained, in particular, for 10 years in accordance with §§ 147 para. 1 Abgabenordnung (German tax code), 257 para. 1 nos. 1 and 4, para. 4 Handelsgesetzbuch (German commercial code) (books, records, management reports, accounting records, trading books, documents relevant for taxation etc.) and for 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 Handelsgesetzbuch (commercial papers).
According to legal requirements in Austria, data is retained, in particular, for 7 years in accordance with § 132 para. 1 Bundesabgabenordnung (Austrian tax code) (accounting documents, records/invoices, accounts, records, business documents, statements of income and expenditure etc.), for 22 years in connection with real estate, and for 10 years in the case of documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Contractual services
We process the data of our contractual partners and interested parties as well as other principals, customers, clients, or contractual partners (referred to collectively as “contractual partners”) in accordance with Art. 6(1)(b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed in this context and the type, extent, purpose and necessity of such processing is determined by the underlying contractual relationship.
The processed data include the master data of our contractual partners (e.g. names and addresses), contact data (e.g. e-mail addresses and telephone numbers), contract data (e.g. services used, contract contents, contractual communications and names of contact persons) and payment data (e.g. bank details and payment history).
We never process special categories of personal data, unless these are included in commissioned or contractual processing.
We process data that are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure if this is not evident to the contractual partners. Disclosure to external persons or companies will be made only if this is necessary within the context of a contract. When processing data provided to us within the context of an order, we act in accordance with the instructions of the customer and the legal requirements.
When a user uses our online services, we may store the IP address and the time of the user’s action. The data storage is based on our legitimate interests, as well as the interests of the users in ensuring protection against misuse and other unauthorized use. No forwarding of data to third parties takes place unless this is required for pursuing our claims in accordance with Art. 6(1)(f) GDPR or a legal obligation to do so exists according to Art. 6(1)(c) GDPR.
The data will be deleted when the data is no longer necessary for the fulfilment of contractual or statutory duties of care or for dealing with any warranty or comparable obligations, whereby the necessity of retaining the data will be reviewed every three years; otherwise the statutory duties of retention apply.
Administration, financial accounting, office organization, contact management
We process data within the framework of administrative tasks and the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. Here, we process the same data that we process within the scope of providing our contractual services. The legal bases for this processing are Art. 6(1)(c) GDPR and Art. 6(1)(f) GDPR. This processing affects customers, interested parties, business partners and website visitors. The purpose of and our interest in the processing lies in the administration, financial accounting, office organization and archiving of data, i.e. tasks that allow us to uphold our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communications corresponds to the information mentioned in these processing activities.
Here, we disclose or transfer data to tax authorities, consultants such as tax advisors or auditors, other billing centers and payment service providers.
We also store data regarding suppliers, event organizers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We store these predominantly company-related data permanently.
Business analyses and market research
In order to run our business economically and to identify market trends and the requirements of contractual partners and users, we analyze the data available to us regarding business transactions, contracts, inquiries etc. In doing so, we process user details, communication data, contract data, payment data, usage data and metadata on the basis of Art. 6(1)(f) GDPR, whereby the persons concerned include contractual partners, interested parties, customers, and visitors and users of our online service.
The analyses are carried out for the purpose of business management evaluations, marketing and market research. Here, we may take into consideration the profiles of registered users with information such as the services they use. The analyses help us to improve our user-friendliness and to optimize our service and business efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarized values.
If these analyses or profiles are personal, they will be deleted or made anonymous when the user terminates the contract, or otherwise two years after conclusion of the contract. Overall economic analyses and general tendency determinations are always prepared anonymously wherever possible.
Contact initiation
When we are contacted (e.g. via a contact form, e-mail, telephone or social media), the user’s information is used for processing and progressing the request in accordance with Art. 6(1)(b) (within the framework of contractual/pre-contractual relations) or Art. 6(1)(f) (other inquiries) GDPR. User data may be stored in a customer relationship management system (“CRM system”) or comparable inquiry system.
We delete the inquiries if they are no longer required. We check every two years to see if the data is still required; the statutory archiving obligations still apply.
Hosting and e-mail dispatch
We use hosting services to provide the following for the purpose of operating our online service: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services.
Within this context, we or our hosting provider process user details, contact data, content data, contract data, usage data, metadata and communication data of customers, interested parties and visitors of this online service on the basis of our legitimate interests in providing an efficient and secure online service in accordance with Art. 6(1)(f) GDPR, in conjunction with Art. 28 GDPR (conclusion of an order processing contract).
Acquisition of access data and log files
On the basis of our legitimate interests as described in Art. 6(1)(f) GDPR, we or our hosting provider collect data regarding every access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of accessing, transmitted data volume, notification about successful accessing, browser type and version, the user’s operating system, referrer URL (previously visited site), IP address and the requesting provider.
For security reasons (e.g. for investigating abuse or defraudation), log file information is stored for a maximum period of seven days and then deleted. Data that needs to be retained for verification purposes is exempted from deletion until the incident has been fully clarified.
Google Analytics
We use Google Analytics, a web analysis service of Google LLC (“Google”) based on our legitimate interests (i.e. interest in analysis, optimization and economic operation of our online service as described in Art. 6(1)(f) GDPR). Google uses cookies. The information generated by the cookie regarding usage of the online service by the user is usually transferred to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Framework, which guarantees observance of the European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf in order to evaluate the use of our online service by users and to compile reports about activities within this online service while providing other services for us that are associated with the usage of our online service and the Internet. Pseudonymized usage profiles of users can be created from the processed data.
We use Google Analytics only with activated IP anonymization, which means that Google abbreviates the IP addresses of users within member states of the European Union or in other member states of the Agreement on the European Economic Area. The full IP address is transmitted to a Google server in the USA only in exceptional cases and abbreviated there.
The IP address transmitted by the user’s browser is not combined with other Google data. Users can prevent the storage of cookies by adjusting the settings in their browser software. Moreover, users can prevent the data generated by the cookie in regard to the usage of the online service from being acquired and processed by Google if they download and install the browser plug-in available via the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Further information on Google’s use of data and regarding settings and objection options can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google ((https://adssettings.google.com/authenticated).
The personal data of users will be deleted or anonymized after 14 months.
Google AdWords and conversion measurement
On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online service as described in Art. 6(1)(f) DSGVO), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Framework, which guarantees observance of the European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the Google “AdWords” online marketing process to place advertisements in the Google advertising network (e.g. in search results, in videos, on web pages etc.) such that they are displayed to users who are presumed to have an interest in these advertisements. This allows us to better target our advertisements for and within our online service in order to show users only those advertisements that potentially match their interests. “Remarketing” refers to selectively displaying product advertisements to users who have expressed interest in such products on other websites. When a user visits our and other websites on which the Google advertising network is active, a code is executed directly by Google and so-called (re)marketing tags (invisible images or codes, also known as “web beacons”) are incorporated into the website. With the help of these tags, an individual cookie, i.e. a small file (comparable technologies may also be used instead of cookies) is stored on the user’s device. The file notes the websites that the user has visited, the content in which he expressed interest and offers he has clicked on as well as technical information about the browser, operating system, referring websites, visit times and other information regarding the use of the online service.
We also receive an individual “conversion cookie”. The information obtained with the help of the cookie is used by Google to compile conversion statistics for us. However, we receive only the anonymous total number of users who clicked on our advertisement and were forwarded to a site that has a conversion tracking tag. We do not receive any information by which users can be personally identified.
The users’ data is processed pseudonymously within the Google advertising network. This means that Google processes relevant cookie-related data within the pseudonymized user profile but does not store or process information such as the names or e-mail addresses of users. From Google’s point of view, therefore, advertisements are not managed and displayed for a specifically identifiable person but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user expressly allows Google to process data without pseudonymization. The information collected about users is transmitted to Google and stored on Google’s servers in the USA.
Further information on Google’s use of data and regarding settings and objection options can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google ((https://adssettings.google.com/authenticated).
Google DoubleClick
On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online service as described in Art. 6(1)(f) DSGVO), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Framework, which guarantees observance of the European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the Google “DoubleClick” online marketing process to place advertisements in the Google advertising network (in search results, in videos and on websites, for example). DoubleClick is used to display advertisements in real time based on the presumed interests of users. This allows us to better target our advertisements for and within our online service in order to show users only those advertisements that potentially match their interests. “Remarketing” refers to selectively displaying product advertisements to users who have expressed interest in such products on other websites. When a user visits our and other websites on which the Google advertising network is active, a code is executed directly by Google and so-called (re)marketing tags (invisible images or codes, also known as “web beacons”) are incorporated into the website. With the help of these tags, an individual cookie, i.e. a small file (comparable technologies may also be used instead of cookies) is stored on the user’s device. The file notes the websites that the user has visited, the content in which he expressed interest and offers he has clicked on as well as technical information about the browser, operating system, referring websites, visit times and other information regarding the use of the online service.
The IP addresses of the users are also acquired, whereby these are shortened within member states of the European Union or in other states that are party to the Agreement on the European Economic Area; only in exceptional cases are the IP addresses transferred in full to a Google server in the USA and shortened there. Google may also combine the aforementioned information with similar information from other sources. Advertisements customized to the user’s presumed interests, based on his user profile, can then be displayed when he subsequently visits other websites.
The users’ data is processed pseudonymously within the Google advertising network. This means that Google processes relevant cookie-related data within the pseudonymized user profile but does not store or process information such as the names or e-mail addresses of users. From Google’s point of view, therefore, advertisements are not managed and displayed for a specifically identifiable person but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user expressly allows Google to process data without pseudonymization. The information collected by Google marketing services about the user is transmitted to Google and stored on Google’s servers in the USA.
Further information on Google’s use of data and regarding settings and objection options can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google ((https://adssettings.google.com/authenticated).
Online presences in social media
We maintain online presences within social networks and platforms so that we can communicate with the customers, interested parties and users active there and can provide them with information regarding our services. When a user accesses the various networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, for example by writing posts on our online presences or sending us messages.
Integration of services and third-party content
Based on our legitimate interests (i.e. interest in analysis, optimization and economic operation of our online service as described in Art. 6(1)(f) GDPR), we use third-party content and service offers within our online service in order to integrate such content and services, such as videos or fonts, (referred to in the following as “content”).
This always means that third-party content suppliers can determine the user’s IP address, since they would otherwise not be able to send content to the user’s browser. Access to the IP address is thus required in order to display the content. We make every effort only to use such content in cases where the respective providers use the IP address solely to deliver the content. Third-party suppliers may also use so-called pixel tags (invisible graphics also referred to as “web beacons”) for statistical or marketing purposes. Information such as visitor traffic on the pages of this website can be evaluated using the pixel tags. Pseudonymized information may also be stored in cookies on the user’s device and may, among other things, contain technical information about the user’s browser and operating system, referring websites, visit times and other information about the use of our online service. It may also be combined with such information from other sources.
Google ReCaptcha
Our online service integrates this function for detecting bots, e.g. when data is entered in online forms (“ReCaptcha”). The function is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Created using Datenschutz-Generator.de from attorney Dr Thomas Schwenke.