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Data protection

Introduction

With the following data protection declaration we would like to inform you about the types of your personal data (hereinafter also referred to as “data”) which we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter also referred to collectively as “online offer”).

The terms used are not gender-specific.

Status: January 10, 2020

Content overview

responsible person

Eberhardt & Vanrell, S.L.
Gran Via Puig de Castellet, Bloque 4, Local 5
07180 Santa Ponsa
Spain

Authorized representatives: Gitte Eberhardt, Juan José Vanrell Company

e-mail address: info@eberhardt-vanrell.com

phone: +34 871 956 292

Overview of the processings

The following overview summarises the types of data processed and the purposes of their processing, and refers to the data subjects.

types of data processed

  • stock data (e.g. names, addresses).
  • content data (e.g. text entries, documents).
  • Contact details (e.g. e-mail, telephone numbers).
  • meta/communication data (e.g. device information, IP addresses).
  • Usage data (e.g. websites visited, interest in content, access times).
  • Social data (data subject to social secrecy and processed, for example, by social insurance agencies, social assistance agencies or pension authorities).
  • Contract data (e.g. subject matter of the contract, duration, customer category).
  • Payment data (e.g. bank details, invoices, payment history).

categories of persons concerned

  • Employees (e.g. employees, applicants, former employees).
  • business and contractual partners.
  • Interested parties.
  • Communication partner.
  • Customers.
  • Clients.
  • Users (e.g. website visitors, users of online services).

Purposes of processing

  • Provision of our online offer and user-friendliness.
  • Office and organisational procedures.
  • direct marketing (e.g. by e-mail or post).
  • Contact requests and communication.
  • Contractual performance and service.
  • management and answering of requests.

Developing legal bases

In the following, we provide the legal basis of the basic data protection regulation (GDPR), on the basis of which we process personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence and domicile.

  • Consent (Art. 6 para. 1 sentence 1 lit. a DPA) – The data subject has given his/her consent to the processing of personal data relating to him/her for one or more specific purposes.
  • The processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject.
  • Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR) – The processing is necessary to fulfil a legal obligation to which the controller is subject.
  • Legitimate interests (Art. 6 para. 1 sentence 1 letter f. GDPR) – The processing is necessary to protect the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.

security measures

We take appropriate technical and organisational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection commensurate with the risk.

Those measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted and responses to data threats are made. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures in accordance with the principle of data protection, by designing technology and by using data protection-friendly default settings.

Transmission and disclosure of personal data

Within the scope of our processing of personal data, it happens that the data is transferred to other bodies, companies, legally independent organisational units or persons or that it is disclosed to them. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data which serve to protect your data.

Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of services provided by third parties or the disclosure or transfer of data to other persons, bodies or companies, this is only done in accordance with the legal requirements.

Subject to express consent or to contractual or legal transfer requirements, we will only process or transfer the data in third countries with a recognised level of data protection, including the US processors certified under the Privacy Shield, or on the basis of special guarantees, such as contractual obligation through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de ).

use of cookies

Cookies are text files that contain data from websites or domains visited and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. The stored information may include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term “cookies” also includes other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also known as “user IDs”).

The following cookie types and functions are distinguished: The

  • Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
  • Permanent cookies: Permanent cookies remain stored even after closing the browser. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for reach measurement or marketing purposes can be stored in such a cookie.
  • First-party cookies are set by ourselves.
  • Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
  • Necessary (also: essential or absolutely necessary) cookies: Cookies can be absolutely necessary for the operation of a website (e.g. to save logins or other user entries or for security reasons).
  • Cookies can be used to store information about the user’s identity, such as the user’s name, address, e-mail address, etc.
  • Statistical, marketing and personalisation cookies: Cookies are also generally used to measure reach and when a user’s interests or behaviour (e.g. viewing certain content, using functions etc.) on individual web pages are stored in a user profile. Such profiles are used to show users e.g. content that corresponds to their potential interests. This procedure is also known as “tracking”, i.e., following the potential interests of users. . If we use cookies or “tracking” technologies, we will inform you separately in our data protection declaration or when you give your consent.

Notes on legal bases: On which legal basis we process your personal data with the help of cookies depends on whether we ask you for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the aid of cookies will be processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfil our contractual obligations.
General information on revocation and objection (Opt-Out): Depending on whether the processing is based on consent or legal permission, you have the possibility at any time to revoke a given consent or to object to the processing of your data by cookie technologies (collectively referred to as “Opt-Out”). You can initially declare your objection by means of the settings of your browser, e.g. by deactivating the use of cookies (although this may also restrict the functionality of our online service). An objection to the use of cookies for online marketing purposes can also be declared by means of a variety of services, especially in the case of tracking, via the websites http://optout.aboutads.info and http://www.youronlinechoices.com/. In addition, you can receive further notices of objection in the context of the information on the service providers and cookies used.

Processing of cookie data on the basis of consent: Before we process data within the scope of the use of cookies or have them processed, we ask users to give their consent, which can be revoked at any time. Before consent has not been given, cookies are used if necessary, which are necessary for the operation of our online offer. Their use is based on our interest and the interest of the users in the expected functionality of our online offer.

  • Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services).
  • Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Commercial and business services

We process data of our contractual and business partners, e.g. customers and prospective customers (collectively referred to as “contractual partners”) within the scope of contractual and comparable legal relationships as well as associated measures and within the scope of communication with contractual partners (or pre-contractual), e.g. to answer inquiries.

We process this data for the purpose of fulfilling our contractual obligations, securing our rights and for the purposes of the administrative tasks associated with this information as well as for business organisation. Within the framework of the applicable law, we only pass on the data of the contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations or with the consent of the contractual partners (e.g. to involved telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.

We will inform the contractual partners which data is required for the above-mentioned purposes before or within the scope of data collection, e.g. in online forms, by special marking (e.g. colours) or symbols (e.g. asterisks or similar), or personally.

We delete the data after expiry of legal warranty and comparable obligations, i.e., in principle after 4 years, unless the data is stored in a customer account, e.g., as long as it must be kept for legal archiving reasons (e.g., for tax purposes usually 10 years). We will delete data that has been disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, generally after the end of the order.

If we use third-party providers or platforms to provide our services, the terms and conditions and data protection information of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Economic analyses and market research: For business management reasons and in order to be able to identify market trends, wishes of contractual partners and users, we analyse the data available to us on business transactions, contracts, enquiries, etc., whereby contractual partners, interested parties, customers, visitors and users of our online offer may fall into the group of persons concerned.
The analyses are carried out for the purpose of business management evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). In doing so, we can, if available, take into account the profiles of registered users together with their details, e.g. on services used. The analyses serve solely to serve us and are not disclosed externally, unless they are anonymous analyses with summarized, i.e. anonymized values. Furthermore, we respect the privacy of the users and process the data for the analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g. as summarized data).

Tax Accounting: We process the data of our clients as well as interested parties and other clients or contractual partners (uniformly referred to as “clients”) in order to be able to provide them with our contractual or pre-contractual services, in particular consulting or accounting services. The processed data, the type, scope, purpose and necessity of their processing are determined by the underlying contractual and client relationship.
Within the scope of our activities we may also process special categories of data. For this purpose, we obtain, if necessary, the express consent of our clients.
Insofar as it is necessary for our performance of the contract or legally required, or if the consent of the clients is available, we disclose or transfer the clients’ data to third parties or agents, such as authorities, courts or in the field of IT, office or comparable services, in compliance with the provisions of professional law.

  • Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of the contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: interested parties, business and contractual partners, customers, clients.
  • Purposes of processing: Contractual services and service, contact requests and communication, office and organisational procedures, management and answering of requests.
  • Legal bases: Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

contact establishment

When contacting us (e.g. via contact form, e-mail, telephone or social media), the data of the inquiring persons will be processed to the extent necessary to answer the contact inquiries and any requested measures.

The answering of contact inquiries within the scope of contractual or pre-contractual relations is carried out in order to fulfil our contractual obligations or to answer (pre)contractual inquiries and otherwise on the basis of the legitimate interest in answering the inquiries.

  • Processed data types: Stock data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, documents).
  • Persons concerned: Communication partner.
  • The purposes of the processing: contact requests and communication.
  • Legal bases: Fulfilment of contract and pre-contractual enquiries (Art. 6 Para. 1 sentence 1 lit. b. GDPR), legitimate interests (Art. 6 Para. 1 sentence 1 lit. f. GDPR).

Communication via Messenger

We use messenger services for communication purposes and therefore ask you to observe the following information on the functionality of the messengers, encryption, use of the metadata of the communication and your right to object.

You can also contact us by alternative means, e.g. by telephone or e-mail. Please use the contact details provided to you or the contact details given within our online offer.

In the case of end-to-end encryption of content (i.e. the content of your message and attachments), we would like to point out that the communication content (i.e. the content of the message and attached images) is encrypted from end to end. This means that the content of the messages cannot be viewed, not even by the messenger providers themselves. You should always use a current version of Messenger with encryption enabled to ensure that the message content is encrypted.

However, we would also like to point out to our communication partners that although the messenger providers cannot view the content, they can find out that and when communication partners communicate with us, as well as technical information about the communication partner’s device and, depending on the settings of their device, location information (so-called metadata) is processed.

Notes on legal bases: If we ask communication partners for permission before communicating with them via Messenger, the legal basis for our processing of their data is their consent. Otherwise, if we do not ask for your consent and you contact us, for example, on your own initiative, we will use Messenger in relation to our contractual partners as well as in the context of contract preparation as a contractual measure and in the case of other interested parties and communication partners on the basis of our legitimate interests in fast and efficient communication and meeting the needs of our communication partners for communication via Messenger. Furthermore, we would like to point out that we will not transmit the contact data provided to us to the messengers for the first time without your consent.

Cancellation, objection and deletion: You can at any time revoke a given consent and object to communication with us via Messenger at any time. In the case of communication via Messenger, we delete the messages in accordance with our general deletion guidelines (i.e., as described above, after the end of contractual relationships, in the context of archiving requirements, etc.) and otherwise as soon as we can assume that we have answered any information from the communication partners, if no reference to a previous conversation is to be expected and no legal retention obligations stand in the way of deletion.

Reservation of the reference to other communication channels: Finally, we would like to point out that for reasons of your security we reserve the right not to answer inquiries via Messenger. This is the case if, for example, internal contractual matters require special secrecy or if an answer via Messenger does not meet the formal requirements. In such cases, we will refer you to more appropriate communication channels.

  • Processed data types: Contact data (e.g. e-mail, telephone numbers), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Communication partner.
  • purposes of processing: contact requests and communication, direct marketing (e.g. by e-mail or post).
  • Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Served services and service providers:

Provision of the online offer and web hosting

In order to provide our online services securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online services can be accessed. For these purposes we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security and technical maintenance services.

The data processed within the scope of providing the hosting offer may include all data concerning the users of our online offer, which are generated within the scope of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.

E-Mail dispatch and hosting: The web hosting services we use also include the dispatch, receipt and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the sending of e-mails (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for the purpose of SPAM detection. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.

Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, date and time of access, data volume transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.

The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the capacity utilisation of the servers and their stability.

  • Processed data types: Content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services).
  • Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Cloud services

We use software services accessible via the Internet and running on the servers of their providers (so-called “cloud services”, also referred to as “Software as a Service”) for the following purposes: document storage and management, calendar management, e-mailing, spreadsheets and presentations, exchanging documents, content and information with specific recipients or publishing web pages, forms or other content and information, and chatting and participating in audio and video conferences.

In this context, personal data may be processed and stored on the servers of the providers if they are part of communication processes with us or otherwise processed by us as set out in this privacy policy. Such data may include, in particular, master data and contact details of users, data on procedures, contracts, other processes and their contents. The providers of the cloud services also process usage data and metadata that are used by them for security purposes and for service optimization.

If we use the cloud services to provide other users or publicly accessible websites with forms or other documents and content, the providers may store cookies on the users’ devices for web analysis purposes or to remember user settings (e.g. in the case of media control).

Notes on legal bases: If we ask for consent to use the cloud services, the legal basis for processing is consent. Furthermore, their use can be a component of our (pre-)contractual services, provided that the use of the cloud services has been agreed in this context. Otherwise, user data is processed on the basis of our legitimate interests (i.e., interest in efficient and secure administration and collaboration processes).

  • Processed data types: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses), contract data (e.g. subject matter of the contract, duration, customer category).
  • Affected persons: Customers, employees (e.g. employees, applicants, former employees), interested parties, communication partners.
  • Office and organisational procedures.
  • Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Served services and service providers:

Plugins and embedded functions and content

We include in our online offer functional and content elements that are obtained from the servers of their respective providers (hereinafter referred to as “third party providers”). These may be, for example, graphics, videos or social media buttons as well as contributions (hereinafter uniformly referred to as “content”).

The integration always requires that the third party providers of such content process the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore required for the display of these contents or functions. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain technical information about the browser and operating system, websites to be referred to, the time of visit and other details about the use of our online offer, as well as being linked to such information from other sources.

Notes on legal bases: If we ask the users for their consent to the use of third party providers, the legal basis for the processing of data is consent. Otherwise, the users’ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.

  • Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services).
  • purposes of processing: provision of our online offer and user-friendliness, contractual benefits and service.
  • Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Served services and service providers:

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consent permitted for processing is revoked or other permissions cease to apply (e.g. if the purpose for processing these data ceases to apply or if they are not necessary for the purpose).

Unless the data are deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose retention is necessary for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person.

Further information on the deletion of personal data can also be provided in the individual data protection notes of this data protection declaration.

Change and update of the data protection declaration

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. consent) or to receive other individual notification.

If we provide addresses and contact information of companies and organisations in this privacy policy, please note that the addresses may change over time and please check the information before contacting us.

Rights of the persons concerned

As data subjects, they are entitled to various rights under the GDPR, which result in particular from Art. 15 to 18 and 21 GDPR:

  • Right of objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
  • Right to revoke consents: You have the right to revoke given consents at any time.
  • Right of access: You have the right to obtain confirmation as to whether or not personal data concerning you are being processed, to be informed about such data and to receive further information and a copy of the data in accordance with the legal requirements.
  • Right of rectification: You have the right, in accordance with the law, to request the completion of the data concerning you or the rectification of incorrect data concerning you.
  • Right to erasure and restriction of processing: You have the right, in accordance with the legal requirements, to demand that data concerning you be erased immediately, or alternatively, in accordance with the legal requirements, to demand restriction of processing of the data.
  • Right to data transferability: You have the right, in accordance with the legal requirements, to receive data concerning you which you have provided us with in a structured, common and machine-readable format or to demand that it be transferred to another responsible party.
  • Complaint to the supervisory authority: You also have the right, in accordance with the statutory provisions, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the suspected infringement, if you consider that the processing of personal data concerning you is in breach of the GDPR.

Definitions of terms

This section provides an overview of the terms used in this privacy policy. Many of the terms are taken from the law and defined above all in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to help you understand them. The terms are sorted alphabetically.

  • Personal data: “Personal data” means any information relating 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 (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • responsible person: “Responsible person” shall mean 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.
  • processing: “processing” means any operation or set of operations, whether or not automated, performed upon personal data. The term is broad and covers virtually all processing of data, whether it be collection, analysis, storage, communication or deletion.