1. Definitions of terms
a) person-related dataPerson-related data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person shall be considered identifiable if he 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) person concernedPerson concerned means any identified or identifiable natural person whose personal data are processed by the controller.
c) ProcessingProcessing” means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
d) Limitation of processingLimitation of processing is the marking of stored personal data with the aim of limiting their future processing.
e) ProfilingProfiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
f) PseudonymisationPseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
g) Responsible controller or processing controllerResponsible controller or processing controller is 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. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his designation may be laid down by Union law or by the law of the Member States.
h) Processors under contractProcessor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) RecipientThe recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
j) Third partiesThird party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
k) ConsentConsent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
2. Name and address of the data controller
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Data Protection Commissioner:
Kölner Straße 46
4. Collection of general data and information
The Bots4You GmbH website collects a series of general data and information each time a data subject or an automated system accesses the website. These general data and information are stored in the log files of the server. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites which are 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 used to avert dangers in the event of attacks on our information technology systems. Bots4You GmbH does not draw any conclusions about the person concerned when using this general data and information. This information is required to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Bots4You GmbH both statistically and with the aim of increasing data protection and data security in our company to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
5. Contact possibility via the website
The website of Bots4You GmbH contains, due to legal regulations, information that allows a quick electronic contact to our company as well as a 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 data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
6. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject. If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
7. Rights of the person concerned
a) Right to confirmationEvery person concerned shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of accessAny person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:
- the purposes of the processing
- the categories of personal data processed
- 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
- if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
- the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved, the scope and the intended effects of such processing on the data subject
c) Right to rectificationAny person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement. If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
d) Right to cancellation (Right to be forgotten)Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
- Personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
- The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.
- The data subject objects to the processing under Article 21(1) DS Block Exemption Regulation and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) DS Block Exemption Regulation.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO.
e) Right to limitation of processingAny person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
- The accuracy of the personal data shall be contested by the data subject for a period of time which allows the controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject refuses to erase the personal data and instead requests that the use of the personal data be restricted.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights.
- The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
f) Right to data transferabilityAny data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller. Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) DS Block Exemption Regulation, the data subject shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons. In order to assert the right to data transfer, the person concerned can contact a Bots4You GmbH employee at any time.
g) Right of objectionAny persons concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions. Bots4You GmbH will no longer process personal data in the event of an objection, unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims. If Bots4You GmbH processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the person concerned objects to Bots4You GmbH processing the data for purposes of direct marketing, Bots4You GmbH will no longer process the personal data for these purposes. Furthermore, the data subject has the right to object to the processing of personal data concerning him/her by Bots4You GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest. In order to exercise the right to object, the person concerned may directly contact any Bots4You GmbH employee or another employee. The data subject is also free to exercise his right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated case-by-case decisions including profilingAny persons concerned by the processing of personal data shall have the right, granted by the European directive and regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon them or significantly affects them in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorised by Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject. If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is taken with the express consent of the data subject, Bots4You GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain the intervention of a person concerned from the data controller, to present his or her point of view and to contest the decision. If the person concerned wishes to exercise rights relating to automated decisions, he or she may at any time contact an employee of the controller.
i) Right to revoke consent under data protection lawAny person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise his or her right to withdraw consent, he or she may do so at any time by contacting an employee of the controller.
8. Data protection for applications and in the application process
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents electronically, for example by e-mail or via a web form on the website, to the data controller. If the data controller concludes an employment contract with an applicant, the data transmitted shall be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude a contract of employment with the applicant, the application documents shall be automatically deleted two months after notification of the rejection decision, unless deletion conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, the duty to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
The data controller has integrated the Google+ button as a component on this website. Google+ is a so-called social network. A social network is a social meeting point operated on the Internet, an online community that usually enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enables the Internet community to provide personal or company-related information. Google+ enables users of the social network to create private profiles, upload photos and network via friendship requests. Google+ is operated by Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Each time one of the individual pages of this website is accessed, which is operated by the data controller and on which a Google+ button has been integrated, the Internet browser on the data subject’s information technology system is automatically prompted by the respective Google+ button to download a display of the corresponding Google+ button from Google. As part of this technical process, Google obtains information as to which specific subpage of our website is visited by the person concerned. More detailed information on Google+ can be found at https://developers.google.com/+/. If the person concerned is logged into Google+ at the same time, Google recognizes which specific page of our website the person concerned is visiting each time the person concerned accesses our website and for the entire duration of that person’s visit to our website. This information is collected by the Google+ button and assigned by Google to the respective Google+ account of the person concerned. If the person concerned activates one of the Google+ buttons integrated on our website and thus makes a Google+1 recommendation, Google assigns this information to the personal Google+ user account of the person concerned and saves this personal data. Google stores the data subject’s Google+1 recommendation and makes it publicly available in accordance with the data subject’s accepted terms and conditions. A Google+1 recommendation made by the data subject on this website will subsequently be stored and processed together with other personal data, such as the name of the Google+1 account used by the data subject and the photo stored in this account, in other Google services, such as the search engine results of the Google search engine, the Google account of the data subject or elsewhere, for example on websites or in connection with advertisements. Google is also able to link a visit to this website with other personal data stored by Google. Google also records this personal information for the purpose of improving or optimising Google’s various services. Google receives information from the Google+ button that the data subject has visited our website whenever he or she is simultaneously logged in to Google+ when you visit our website; this happens whether or not the data subject clicks the Google+ button. If the data subject does not want his or her personal data to be transferred to Google, he or she may prevent such transfer by logging out of his or her Google+ account before visiting our website. Further information and the valid data protection regulations of Google can be called up under https://www.google.de/intl/de/policies/privacy/ Further information from Google about the Google+1 button can be found at https://developers.google.com/+/web/buttons-policy.
12. Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations 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 a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our site were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 DS-GVO).
13. Legitimate interests in the processing pursued by the controller or by a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
14. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.
15. Legal or contractual provisions governing the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. The data subject must contact one of our employees before providing personal data. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.
16. Existence of an automated decision making process
As a responsible company, we refrain from automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer for Stuttgart, in cooperation with the Cologne data protection lawyer Christian Solmecke.
Diese Datenschutzerklärung wurde durch den Datenschutzerklärungs-Generator der DGD Deutsche Gesellschaft für Datenschutz GmbH, die als Externer Datenschutzbeauftragter Stuttgart tätig ist, in Kooperation mit dem Kölner Datenschutz Anwalt Christian Solmecke erstellt.