Privacy

In accordance with the statutory provisions of data protection law (in particular the new version of the German Federal Data Protection Act (BDSG) and the European General Data Protection Regulation (GDPR)), we inform you below about the type, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as “personal data” or “processing”, we refer to Art. 4 GDPR.

Name and contact details of the controller(s)
Our controller (hereinafter “controller”) within the meaning of Art. 4 (7) GDPR is:

Qommunicate! GmbH
Bergstrasse 1a
Stadtbergen
Managing Director Marc Doderer
E-mail address: info@qommunicate.de

Types of data, purposes of processing and categories of data subjects

Below, we inform you about the type, scope, and purpose of the collection, processing, and use of personal data.

  1. Types of data that we process
    Usage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.), communication data (IP address, etc.),

    2. purposes of the processing pursuant to Art. 13 para. 1 c) GDPR
    Optimize website technically and economically, Enable easy access to the website, Optimization and statistical evaluation of our services, Improve user experience, Make website user-friendly, Economic operation of advertising and website, Marketing / sales / advertising, Compilation of statistics, Avoidance of SPAM and abuse, Handling of an application procedure, Handling contact requests, Providing websites with functions and content, Security measures, Uninterrupted, secure operation of our website,

    3. categories of data subjects pursuant to Art. 13 para. 1 e) GDPR
    Visitors/users of the website,

The persons concerned are collectively referred to as “users”.

Legal basis for the processing of personal data

Below we inform you about the legal basis for the processing of personal data:

  1. If we have obtained your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a) GDPR is the legal basis.
  2. If processing is necessary for the performance of a contract or in order to take steps at your request prior to entering into a contract, the legal basis is Article 6(1)(b) GDPR.
  3. If processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory retention obligations), Art. 6 para. 1 sentence 1 lit. c) GDPR is the legal basis.
  4. If processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is Article 6(1)(d) GDPR.
  5. If the processing is necessary to protect our legitimate interests or those of a third party and your interests or fundamental rights and freedoms do not outweigh this, Art. 6 para. 1 sentence 1 lit. f) GDPR is the legal basis.

Disclosure of personal data to third parties and processors

We do not pass on any data to third parties without your consent. Should this nevertheless be the case, the data will be passed on on the basis of the aforementioned legal bases, e.g. when passing on data to online payment providers to fulfill a contract or due to a court order or due to a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to processors as part of an order processing agreement, this is always done in accordance with Art. 28 GDPR. We select our processors carefully, monitor them regularly and have been granted the right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and GDPR

Data transfer to third countries

The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data will therefore primarily be processed by companies to which the GDPR applies. However, if processing is carried out by third-party services outside the European Union or the European Economic Area, these must fulfill the special requirements of Art. 44 et seq. GDPR must be met. This means that the processing takes place on the basis of special guarantees, such as the officially recognized determination by the EU Commission of a level of data protection corresponding to the EU or compliance with officially recognized special contractual obligations, the so-called “standard contractual clauses”.
Insofar as we obtain your express consent to the transfer of data to the USA due to the ineffectiveness of the so-called “Privacy Shield”, in accordance with Art. 49 para. 1 sentence 1 lit. a) GDPR, we would like to point out the risk of secret access by US authorities and the use of the data for surveillance purposes, possibly without legal remedies for EU citizens.

Deletion of data and storage duration

Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as you revoke your consent to the processing or the purpose for the storage no longer applies or the data is no longer required for the purpose, unless its further storage is necessary for evidence purposes or there are statutory retention obligations to the contrary. This includes, for example, commercial law retention obligations for business letters in accordance with Section 257 (1) HGB (6 years) and tax law retention obligations for documents in accordance with Section 147 (1) AO (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still required for the conclusion or fulfillment of a contract.

Existence of automated decision-making

We do not use automated decision-making or profiling.

Provision of our website and creation of log files

  1. If you only use our website for information purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
    • IP-Adress;
    • Internet service provider of the user;
    • Date and time of access;
    • Browser Type;
    • Language and browser version;
    • Content of the retrieval;
    • Time zone;
    • Access status/HTTP status code;
    • Amount of data;
    • Websites from which the request originates;
    • Operating system.
    This data is not stored together with your other personal data.
  2. This data serves the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as their optimization and statistical evaluation.
  3. The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR, which also lies in the above purposes.
  4. For security reasons, we store this data in server log files for a storage period of days. After this period has expired, they are automatically deleted unless we need to retain them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.

Cookies

  1. We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. Cookies also include so-called “user IDs”, where user information is stored by means of pseudonymized profiles. When you visit our website, we inform you about the use of cookies for the aforementioned purposes and how you can object to this or prevent their storage (“opt-out”) by means of a reference to our privacy policy.

    A distinction is made between the following types of cookie:

    • Necessary, essential cookies: Essential cookies are cookies that are absolutely necessary for the operation of the website in order to store certain functions of the website such as logins, shopping cart or user input, e.g. regarding the language of the website.

    • Session cookies: Session cookies are required to recognize multiple uses of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way is used to optimize our services and make it easier for you to access our site. When you close the browser or log out, the session cookies are deleted.

    • Persistent cookies: These cookies remain stored even after the browser is closed. They are used to store the login, to measure reach and for marketing purposes. They are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies at any time in the security settings of your browser.

    • Cookies from third-party providers (third-party cookies, especially from advertisers): You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out that you may then not be able to use all the functions of this website. Read more about these cookies in the respective privacy policies of the third-party providers.

  2. Data categories: User data, cookie, user ID (inb. the pages visited, device information, access times and IP addresses).
  3. Purposes of processing: The information obtained in this way serves the purpose of optimizing our web offers technically and economically and to provide you with easier and more secure access to our website.
  4. Legal basis: If we process your personal data with the help of cookies on the basis of your consent (“opt-in”), then Art. 6 para. 1 sentence 1 lit. a) GDPR is the legal basis. Otherwise, we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that in this case Art. 6 para. 1 sentence 1 lit. f) GDPR is the legal basis. The legal basis is also Art. 6 para. 1 sentence 1 lit. b) GDPR if the cookies are set to initiate a contract, e.g. for orders.
  5. Storage period/deletion: The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

    Cookies are otherwise stored on your computer and transmitted from it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

    Here you will find information on deleting cookies by browser:

    Chrome: https://support.google.com/chrome/answer/95647

    Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac

    Firefox: https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefox-loschen

    Internet Explorer: https://support.microsoft.com/de-at/help/17442/windows-internet-explorer-delete-manage-cookies

    Microsoft Edge: https://support.microsoft.com/de-at/help/4027947/windows-delete-cookies

  6. Objection and „Opt-Out“: You can generally prevent cookies from being stored on your hard disk, regardless of consent or legal permission, by selecting “do not accept cookies” in your browser settings. However, this may result in a functional restriction of our offers. You can object to the use of cookies from third-party providers for advertising purposes via a so-called “opt-out” via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/).

Use of the blog functions / comments

  1. You can make public comments in our blog, which contains posts on topics related to our website. You can use a pseudonym instead of a real name. Your contribution will then be published under the pseudonym. You must provide your e-mail address; all other information is voluntary.
  2. When you post a comment, we store your IP address with the date and time, which we delete after a few days. The storage serves the legitimate interest of defense against claims by third parties in the event of the publication of illegal or untrue content by you. We store your e-mail address for the purpose of contacting you should third parties legally object to your comments.
  3. The legal basis is Art. 6 para. 1 sentence 1 lit. b) and f) GDPR.
  4. We do not check your comments before publication. In the event of complaints from third parties, we reserve the right to delete your comments. We do not pass on the data to third parties unless it is necessary to pursue our claims or there is a legal obligation (Art. 6 para. 1 sentence 1 lit. c) GDPR).
  5. The data will be deleted as soon as it is no longer required for the purpose for which it was collected or for the performance of the contract because the contract has been terminated.

Google Analytics

  1. We have integrated the website analysis tool “Google Analytics” (service provider: Google Ireland Limited, registration no.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website. With regard to the use of the data, there is joint responsibility for data processing between Google and us in accordance with Art. 26 GDPR. We have agreed with Google that we assume primary responsibility under the GDPR for the processing of the data and fulfill all obligations under the GDPR with regard to the processing of the data (including Art. 12, 13 GDPR, Art. 15 to 22 GDPR and Art. 32 to 34 GDPR).
  2. Data categories and description of data processing: User-ID, IP-Adress (anonymized).
    When you visit our website, Google places a cookie on your computer to analyze your use of our website. We have activated IP anonymization (“anonymizeIP”), which ensures that IP addresses are only processed in a shortened form. On this website, your IP address is therefore truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activity, and provide other services related to website and internet usage to the website operator. Additionally, we have enabled cross-device analysis of website visitors, which is conducted using a so-called User ID. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. For more information on data usage in Google Analytics, please visit: https://www.google.com/analytics/terms/de.html (Terms of Use for Analytics), https://support.google.com/analytics/answer/6004245?hl=de (Privacy notices for Analytics) and Google’s Privacy Policy https://policies.google.com/privacy.
  3. Purpose of processing: The use of Google Analytics serves the purpose of analyzing, optimizing, and improving our website.
  4. Legal basis: If you have given your consent (“opt-in”) for the processing of your personal data using “Google Analytics” by the third-party provider, the legal basis is Art. 6(1) sentence 1 lit. a) GDPR.
    Additionally, the legal basis is our legitimate interest in data processing (analyzing, optimizing, and improving our website) pursuant to Art. 6(1) sentence 1 lit. f) GDPR.
    For services provided in connection with a contract, tracking and analysis of user behavior are carried out under Art. 6(1) sentence 1 lit. b) GDPR to offer optimized services that fulfill the purpose of the contract based on the insights gained.
  5. Storage Duration: The data we send and link to cookies, user identifiers (e.g., User ID), or advertising IDs are automatically deleted after a set number of months. Data that has reached its retention period is automatically deleted once per month.
  6. Data Transfer/Recipient Category: Google, Ireland, and the USA. Additionally, we have entered into a data processing agreement with Google in accordance with Art. 28 GDPR.
  7. Widerspruchs- und Beseitigungsmöglichkeiten („Opt-Out“):
    •You can generally prevent cookies from being stored on your hard drive by selecting “Do not accept cookies” in your browser settings. However, this may result in limited functionality of our services. Additionally, you can prevent Google from collecting and processing data generated by the cookie related to your use of the website by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de

    •As an alternative to the above browser plugin, you can prevent data collection by Google Analytics by [__hier bitte__den Analytics Opt-Out Link Ihrer Webseite einfügen] clicking . By clicking, an “opt-out” cookie will be set, which prevents the collection of your data when visiting this website in the future. This cookie is only valid for our website and your current browser and will remain in effect until you delete your cookies. In that case, you would need to set the cookie again.

    •You can disable the cross-device user analysis in your Google account under „My Data > Personal Data“.

Presence on social media

  1. We maintain profiles or fan pages on social media. When you use and visit our profile on the respective network, the privacy policies and terms of use of the respective network apply.
  2. Data categories and description of data processing: Usage data, contact data, content data, and inventory data. Furthermore, user data within social networks is typically processed for market research and advertising purposes. For example, usage profiles can be created based on user behavior and the interests derived from it. These usage profiles can then be used to display advertisements both within and outside the networks that are presumed to align with users’ interests. For these purposes, cookies are usually stored on users’ devices, which record their usage behavior and interests. Additionally, data can be stored in usage profiles regardless of the devices used by the users (especially if users are members of the respective platforms and are logged into them). For a detailed presentation of the respective processing forms and options for objection (opt-out), we refer to the privacy policies and information provided by the operators of the respective networks. Even in the case of inquiries and the assertion of rights of data subjects, we point out that these can most effectively be asserted with the providers. Only the providers have access to user data and can take direct action or provide information. If you still need assistance, you can contact us.
  3. Purpose of processing: Communication with users connected to and registered on the social networks; information and advertising for our products, offers, and services; external representation and image maintenance; evaluation and analysis of users and content of our social media presences.
  4. Legal basis: The legal basis for the processing of personal data is our legitimate interest in the purposes outlined above, pursuant to Article 6(1) sentence 1 letter f) GDPR. To the extent that you have given us or the responsible party of the social network consent to process your personal data, the legal basis is Article 6(1) sentence 1 letter a) in conjunction with Article 7 GDPR.
  5. Data transfer/recipient category: Social network.
  6. The privacy notices, options for inquiries, and objection options (opt-out) of the respective networks/service providers can be found here:

    • XING – Service provider: XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany – Privacy policy/Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.

    • LinkedIn – Service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland – Privacy policy: https://www.linkedin.com/legal/privacy-policy, Cookie policy and Opt-Out: https://www.linkedin.com/legal/cookie-policy.

Social-Media-Plug-ins

  1. We use social media plugins from social networks on our website. We use the so-called “Two-Click Solution” – Shariff by c’t or heise.de: https://www.heise.de/ct/artikel/Shariff-Social-Media-Buttons-mit-Datenschutz-2467514.html; Service provider: Heise Medien GmbH & Co. KG, Karl-Wiechert-Allee 10, 30625 Hannover, Germany; Privacy policy: https://www.heise.de/Datenschutzerklaerung-der-Heise-Medien-GmbH-Co-KG-4860.html.
  2. Datenkategorie und Beschreibung der Datenverarbeitung: Usage data, content data, inventory data. When accessing our website, no personal data is transmitted to third-party providers of the social plugins via “Shariff.” Next to the logo or brand of the social network, you will find a slider that allows you to activate the plugin with a click. This activation constitutes your consent in the form that the respective provider of the social network will receive the information that you have visited our website, and your personal data will be transmitted to the plugin provider and stored there. These are so-called third-party cookies. According to some providers, such as Facebook and XING, your IP is anonymized immediately after collection. The data collected from the user is stored by the plugin provider as usage profiles. You can withdraw your consent at any time by disabling the slider.
  3. Purpose of data processing: Improvement and optimization of our website; increasing our visibility through social networks; enabling interaction with you and other users via social networks; advertising, analysis, and/or needs-based design of the website.
  4. Legal basis: The legal basis for the processing of personal data is our legitimate interest in the purposes outlined above, pursuant to Article 6(1) sentence 1 letter f) GDPR. To the extent that you have given us or the responsible party of the social network consent to process your personal data, the legal basis is Article 6(1) sentence 1 letter a) in conjunction with Article 7 GDPR. In the case of pre-contractual inquiries or when using your personal data for contract fulfillment, Article 6(1) sentence 1 letter b) GDPR is the legal basis.

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  5. Data transfer/recipient category: Social network.
  6. Used social networks and objection: We refer to the respective privacy policies of the social networks regarding the purpose and scope of data collection and processing. There, you will also find information about your rights and settings options for protecting your personal data. You have the right to object to the creation of these user profiles, and you can exercise this right by directly contacting the respective plugin provider.

XING

  1. We have integrated plugins from the social network XING (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) on our website as part of the so-called “Two-Click Solution” by Shariff. You can recognize them by the share button with the white XING logo and the “X” symbol on a green background.
  2. If you intentionally activate the XING share button on our website, this will cause your browser to establish a connection with the XING server when the respective webpage is accessed. According to XING, no data is stored regarding the access that could be used to derive a direct personal reference. In particular, XING does not store your IP addresses and does not use cookies. By clicking the share button, you will be redirected to the XING homepage, where you can recommend our page, provided you are logged in. This serves the purpose of increasing our visibility and reach. Regarding these activities on the XING platform, the privacy policy of XING, as mentioned below, applies.
  3. If you log out of XING before visiting our website and delete your cookies, no data about the visit to our website will be associated with your XING profile when activating the plugin.
  4. The purpose and scope of data collection, as well as the further processing and use of data by XING, and your related rights and settings options to protect your privacy, can be found in XING’s privacy notices for the share button at https://www.xing.com/app/share%3Fop%3Ddata_protection and the general privacy policy of XING at https://privacy.xing.com/de/datenschutzerklaerung.

Data protection in applications and the application process.

  1. Applications sent electronically or by mail to the responsible party will be processed electronically or manually for the purpose of handling the application process.
  2. We explicitly point out that application documents containing “special categories of personal data” under Article 9 GDPR (e.g., a photo that reveals your ethnic origin, religion, or marital status), except for a possible disability which you choose to disclose voluntarily, are not desired. You should submit your application without this data. This will not affect your chances of being considered for the position.
  3. The legal basis for processing is Article 6(1) of the GDPR. 1 S.1 lit. b) GDPR as well as § 26 BDSG n.F.
  4. If, after the completion of the application process, an employment relationship is established with the applicant, the applicant’s data will be stored in compliance with applicable data protection regulations. If no position is offered to you after the completion of the application process, your submitted application letter and documents will be deleted 6 months after the rejection letter is sent, in order to comply with potential claims and documentation obligations under the General Equal Treatment Act (AGG).

Rights of the data subject

  1. Objection or withdrawal of consent to the processing of your data

    To the extent that the processing is based on your consent according to Art. 6(1) of the GDPR. 1 S. 1 lit. a), Art. 7 GDPR, you have the right to withdraw your consent at any time. This does not affect the legality of the processing carried out on the basis of the consent until its revocation.

    To the extent that we base the processing of your personal data on the balancing of interests according to Art. 6(1) of the GDPR. 1 S. 1 lit. f) GDPR, you can object to the processing. This is the case when the processing is not necessary for the fulfillment of a contract with you, which we will outline in the following description of the functions. When exercising such an objection, we ask you to provide the reasons why we should not process your personal data as we have done. In the case of your justified objection, we will review the situation and either cease or adjust the data processing, or we will demonstrate to you our compelling legitimate reasons that justify continuing the processing.

    You can object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise the right to object free of charge. You can inform us of your objection to advertising using the following contact details:

    Qommunicate! GmbH
    Bergstrasse 1a
    Stadtbergen
    Managing Director Marc Doderer
    E-mail address: info@qommunicate.de

  2. Right to Access
    You have the right to request confirmation from us as to whether personal data concerning you is being processed.

    If this is the case, you have the right to obtain information about your personal data stored with us pursuant to Art. 15 of the GDPR. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage duration, the origin of your data, if they were not collected directly from you.

  3. Right to Rectification
    You have the right to rectification of inaccurate data or to completion of incomplete data pursuant to Art. 16 of the GDPR.
  4. Right to Erasure
    You have the right to have your data stored with us erased pursuant to Art. 17 of the GDPR, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
  5. Right to Restriction
    You have the right to request a restriction on the processing of your personal data if one of the conditions in Art. 18(1) of the GDPR is met.

    1 lit. a) to d) GDPR is fulfilled:
    • If you dispute the accuracy of the personal data concerning you for a period that enables the controller to verify the accuracy of the personal data;

    • the processing is unlawful and you oppose the deletion of the personal data and instead request the restriction of the use of the personal data;

    • the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise, or defense of legal claims, or

    • if you object to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.

  6. Right to data portability
    You have the right to data portability under Art. 20 GDPR, which means that you can receive the personal data we have stored about you in a structured, common, and machine-readable format or request that it be transferred to another controller.
  7. Right to complain
    You have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority, in particular in the Member State of your place of residence, your workplace, or the place of the alleged infringement.

Data security

To protect all personal data transmitted to us and to ensure compliance with data protection regulations by both us and our external service providers, we have implemented appropriate technical and organizational security measures. Therefore, all data between your browser and our server is encrypted and transmitted via a secure SSL connection.