L.02Privacy GDPR · DE

Privacy Policy.

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of ZeroPhase GmbH. The use of the Internet pages of ZeroPhase GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to ZeroPhase GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, ZeroPhase GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

S.01

Definitions

The data protection declaration of ZeroPhase GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:

(a)Personal dataAny 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b)Data subjectAny identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
(c)ProcessingAny operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d)Restriction of processingThe marking of stored personal data with the aim of limiting their processing in the future.
(e)ProfilingAny 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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
(f)PseudonymisationThe 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 organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
(g)Controller or controller responsible for the processingThe 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 determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
(h)ProcessorA natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
(i)RecipientA natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
(j)Third partyA natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
(k)ConsentAny freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

S.02

Name and address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union and other provisions related to data protection is:

Company: ZeroPhase GmbH
Registered office: Max-Planck-Straße 5
85716 Unterschleißheim
Deutschland
Email: info@zerophase.de
Website: www.zerophase.de

S.03

Collection of general data and information

The website of ZeroPhase GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, ZeroPhase GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, ZeroPhase GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

S.04

Contact possibility via the website

The website of ZeroPhase GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

S.05

Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

S.06

Rights of the data subject

(a)Right of confirmationEach data subject shall have the right to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. To avail of this right, he or she may at any time contact any employee of the controller.
(b)
Right of accessEach data subject shall have the right to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. The GDPR grants the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request rectification or erasure of personal data, or restriction of processing, or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing.
The data subject also has the right to be informed whether personal data are transferred to a third country or international organisation and, if so, of the appropriate safeguards relating to the transfer.
(c)Right to rectificationEach data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(d)
Right to erasure (right to be forgotten)Each data subject shall have the right to obtain the erasure of personal data concerning him or her without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based and there is no other legal ground;
- the data subject objects to the processing pursuant to Article 21(1) or 21(2) of the GDPR and there are no overriding legitimate grounds;
- the personal data have been unlawfully processed;
- the personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
Where the controller has made the personal data public and is obliged to erase them, it shall, taking account of available technology and the cost of implementation, take reasonable steps to inform other controllers processing the data of the erasure request.
(e)
Right of restriction of processingEach data subject shall have the right to obtain restriction of processing where one of the following applies:
- the accuracy of the personal data is contested, for a period enabling the controller to verify the accuracy;
- the processing is unlawful and the data subject opposes erasure and requests restriction instead;
- the controller no longer needs the personal data, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- the data subject has objected to processing pursuant to Article 21(1) pending verification of overriding grounds.
(f)Right to data portabilityEach data subject shall have the right to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format, and to transmit those data to another controller without hindrance, where the processing is based on consent or on a contract and is carried out by automated means. The data subject also has the right to have personal data transmitted directly from one controller to another, where technically feasible.
(g)Right to objectEach data subject shall have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data based on point (e) or (f) of Article 6(1) of the GDPR, including profiling. ZeroPhase GmbH shall no longer process the personal data unless we can demonstrate compelling legitimate grounds which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing, the data subject may object at any time, after which we will no longer process the data for those purposes.
(h)Automated individual decision-making, including profilingEach data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision is necessary for entering into or performing a contract, is authorised by Union or Member State law, or is based on explicit consent. Where applicable, ZeroPhase GmbH implements suitable measures to safeguard the data subject’s rights, at least the right to obtain human intervention, to express a point of view and to contest the decision.
(i)Right to withdraw data protection consentEach data subject shall have the right to withdraw his or her consent to the processing of personal data at any time. To exercise this right, he or she may at any time contact any employee of the controller.

S.07

Data protection for applications and application procedures

The data controller shall collect and process the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out electronically — in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure — e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

S.08

Data protection provisions about LinkedIn

The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, United States. For privacy matters outside of the United States, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

With each call-up to one of the individual pages of this website on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the data subject’s system is automatically prompted to download a display of the corresponding LinkedIn component. Further information about the LinkedIn plug-in is available at developer.linkedin.com/plugins. During this procedure, LinkedIn gains knowledge of which specific sub-page of our website was visited by the data subject.

If the data subject is logged in to LinkedIn at the same time, LinkedIn detects which specific sub-page was visited with every call-up to our website and for the entire duration of the stay. This information is collected by the LinkedIn component and associated with the respective LinkedIn account. If the data subject clicks a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn account and stores the personal data.

LinkedIn receives information that the data subject has visited our website whenever the data subject is logged in to LinkedIn at the time of the call-up — regardless of whether the person clicks the LinkedIn button. If such transmission is not desirable, it can be prevented by logging off from the LinkedIn account before calling up our website. LinkedIn provides the ability to manage and opt out of messages and ads at linkedin.com/psettings/guest-controls. The applicable privacy policy is available at linkedin.com/legal/privacy-policy and the cookie policy at linkedin.com/legal/cookie-policy.

S.09

Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific purpose. Where processing is necessary for the performance of a contract to which the data subject is party — or to carry out pre-contractual measures — the processing is based on Art. 6(1) lit. b GDPR. Where we are subject to a legal obligation requiring the processing of personal data, such as for tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases processing may be necessary to protect the vital interests of the data subject or another natural person (Art. 6(1) lit. d GDPR). Finally, processing may be based on Art. 6(1) lit. f GDPR where it is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.

S.10

Legitimate interests pursued by the controller or a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR, our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.

S.11

Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.

S.12

Provision of personal data as statutory or contractual requirement

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would mean the contract could not be concluded. Before personal data is provided, the data subject may contact any employee, who will clarify whether the provision is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide it, and the consequences of non-provision.

S.13

Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

Developed by the specialists for LegalTech at Willing & Able that also developed the system for pia dpia. The legal texts contained in our privacy policy generator have been provided and published by Prof. Dr. h.c. Heiko Jonny Maniero from the German Association for Data Protection and Christian Solmecke from WBS law.