Data Privacy

The privacy policy of Proturity GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be both 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.

We use the following terms, among others, in this privacy policy:

a) Personal Data
Personal data means any information relating to an identified or identifiable natural person ("data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data Subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

c) Processing
Processing is any 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, organization, 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 Processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f) Pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or Controller Responsible for the Processing
Controller or controller responsible for the processing 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 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) Processor
Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i) Recipient
Recipient is a 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 Party
Third party is a 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 authorized to process personal data.

k) Consent
Consent of the data subject is any 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.

Controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union, and other provisions related to data protection is:

Proturity GmbH

Klausnerstraße 30
85609 Aschheim
Deutschland

Tel.: 081229565300
Email: contact@proturity.com
Website: www.proturity.com

The web pages of Proturity GmbH use cookies. Cookies are text files that are stored and saved on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain what is called a cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the visited websites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain different cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, Proturity GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. As mentioned, cookies allow us to recognize the users of our website. The purpose of this recognition is to make it easier for users to utilize our website. The user of a website that uses cookies, for example, does not have to re-enter their access data each time they visit the website because this is handled by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

The website of Proturity GmbH collects a series of general data and information each time a data subject or an automated system calls up the website. This general data and information are stored in the server log files. The data collected may include (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 that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, Proturity GmbH does not draw any conclusions about the data subject. Instead, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as the advertising for it, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the necessary information for prosecution in the event of a cyberattack. Therefore, Proturity GmbH statistically analyzes these anonymously collected data and information with the aim of increasing the data protection and data security of our company to ultimately 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.

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as provided by the European directives and regulations or other legislators in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or a storage period prescribed by the European directives and regulations or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

a) Right to Confirmation
Every data subject has the right granted by the European directives and regulations to obtain confirmation from the controller as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the controller at any time.

b) Right of Access
Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to obtain at any time, free of charge, information about their stored personal data and a copy of this information from the controller. Additionally, the European directives and regulations grant the data subject access to the following information:

• The purposes of the processing
• The categories of personal data being processed
• The recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly recipients in third countries or international organizations
• If possible, the planned duration for which the personal data will be stored or, if not possible, the criteria used to determine that duration
• The existence of a right to rectify or erase personal data concerning the data subject or to restrict the processing by the controller or to object to such processing
• The existence of a right to lodge a complaint with a supervisory authority
• If the personal data are not collected from the data subject: any available information about the data’s source
• The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Furthermore, the data subject has the right to be informed about whether personal data have been transferred to a third country or an international organization. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, they can contact an employee of the controller at any time.

c) Right to Rectification
Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to obtain without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, they can contact an employee of the controller at any time.

d) Right to Erasure (Right to be Forgotten)
Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to obtain from the controller the erasure of personal data concerning them without undue delay, provided that one of the following grounds applies and 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 according to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR, and there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Art. 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) of the GDPR.
• 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 Art. 8(1) of the GDPR.

If one of the aforementioned grounds applies and a data subject wishes to request the erasure of personal data stored by Proturity GmbH, they can contact an employee of the controller at any time. The Proturity GmbH employee will ensure that the erasure request is complied with promptly.

If the personal data have been made public by Proturity GmbH and our company is obliged pursuant to Art. 17(1) of the GDPR to erase the personal data, Proturity GmbH, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure by such controllers of any links to, or copies or replications of, those personal data, as far as processing is not required. The Proturity GmbH employee will arrange the necessary measures in individual cases.

e) Right to Restriction of Processing
Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
• The data subject has objected to processing pursuant to Art. 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met and a data subject wishes to request the restriction of personal data stored by Proturity GmbH, they can contact an employee of the controller at any time. The Proturity GmbH employee will arrange the restriction of the processing.

f) Right to Data Portability
Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to receive the personal data concerning them, which was provided by the data subject to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Art. 6(1)(a) of the GDPR or Art. 9(2)(a) of the GDPR, or on a contract pursuant to Art. 6(1)(b) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising their right to data portability pursuant to Art. 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that the rights and freedoms of others are not adversely affected.

To assert the right to data portability, the data subject can contact an employee of Proturity GmbH at any time.

g) Right to Object
Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them, which is based on Art. 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

Proturity GmbH will no longer process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.

If Proturity GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Proturity GmbH processing for direct marketing purposes, Proturity GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them, which is carried out by Proturity GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject can directly contact any employee of Proturity GmbH or another employee. The data subject is also free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.

h) Automated Decisions in Individual Cases, Including Profiling
Every data subject affected by the processing of personal data has the right granted by the European directives and regulations not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate

interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Proturity GmbH will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, they can contact an employee of the controller at any time.

i) Right to Withdraw Data Protection Consent
Every data subject affected by the processing of personal data has the right granted by the European directives and regulations to withdraw consent to the processing of their personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, they can contact an employee of the controller at any time.

The controller collects and processes the personal data of applicants for the purpose of handling the application process. The processing may also be carried out electronically. This is particularly the case if an applicant submits relevant application documents to the controller electronically, for example, by email or via a web form on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of handling the employment relationship in compliance with the legal provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, provided that no other legitimate interests of the controller oppose the deletion. Another legitimate interest in this sense could be, for example, a duty to provide evidence in a procedure under the General Equal Treatment Act (AGG).

Article 6(1)(a) GDPR serves as the legal basis for processing operations for 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 necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Article 6(1)(d) GDPR.

Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal grounds if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided that such interests are not overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. The legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to conduct our business for the well-being of all our employees and shareholders.

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the period has expired, the corresponding data is routinely deleted, provided it is no longer required for the fulfillment or initiation of the contract.

We inform you 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 about the contractual partner).

Sometimes it may be necessary for a data subject to provide us with personal data for the conclusion of a contract, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.

Before providing personal data, the data subject must contact one of our employees. 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 the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

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

Developed by the Legal Tech specialists at Willing & Able, who also created the system for simple process directories. The texts of the privacy policy generator were created and published by Prof. Dr. h.c. Heiko Jonny Maniero and lawyer Christian Solmecke.