are very delighted that you have shown interest in our enterprise. Data
protection is of a particularly high priority for the management of the
Erlebnis Akademie AG. The use of the Internet pages of the Erlebnis
Akademie AG 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
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 the Erlebnis Akademie AG. 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.
the controller, the Erlebnis Akademie AG 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.
The data protection declaration of the Erlebnis Akademie AG 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 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.
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.
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.
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.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
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.
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.
2. 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:
3. Name and Address of the Data Protection Officer
The Data Protection Officer of the controller is:
data subject may, at any time, contact our Data Protection Officer
directly with all questions and suggestions concerning data protection.
so-called cookie ID. A cookie ID is a unique identifier of the cookie.
It consists of a character string through which Internet pages and
servers can be assigned to the specific Internet browser in which the
cookie was stored. This allows visited Internet sites and servers to
differentiate the individual browser of the dates subject from other
Internet browsers that contain other cookies. A specific Internet
browser can be recognized and identified using the unique cookie ID.
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. Cookies allow us, as previously mentioned, to recognize our
website users. The purpose of this recognition is to make it easier for
does not have to enter access data each time the website is accessed,
because this is taken over by the website, and the cookie is thus stored
on the user's computer system. Another example is the cookie of a
shopping cart in an online shop. The online store remembers the articles
that a customer has placed in the virtual shopping cart via a cookie.
data subject may, at any time, prevent the setting of cookies through
our website by means of a corresponding setting of the Internet browser
used, and may thus permanently deny the setting of cookies. Furthermore,
already set cookies may be deleted at any time via an Internet browser
or other software programs. This is possible in all popular Internet
browsers. If the data subject deactivates the setting of cookies in the
Internet browser used, not all functions of our website may be entirely
5. Collection of general data and information
The website of the Erlebnis Akademie AG 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, the Erlebnis Akademie AG 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,
the Erlebnis Akademie AG 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.
6. Subscription to our newsletters
On the website of the Erlebnis Akademie AG, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
Erlebnis Akademie AG informs its customers and business partners
regularly by means of a newsletter about enterprise offers. The
enterprise's newsletter may only be received by the data subject if (1)
the data subject has a valid e-mail address and (2) the data subject
registers for the newsletter shipping. A confirmation e-mail will be
sent to the e-mail address registered by a data subject for the first
time for newsletter shipping, for legal reasons, in the double opt-in
procedure. This confirmation e-mail is used to prove whether the owner
of the e-mail address as the data subject is authorized to receive the
During the registration for the newsletter, we
also store the IP address of the computer system assigned by the
Internet service provider (ISP) and used by the data subject at the time
of the registration, as well as the date and time of the registration.
The collection of this data is necessary in order to understand the
(possible) misuse of the e-mail address of a data subject at a later
date, and it therefore serves the aim of the legal protection of the
The personal data collected as part of a
registration for the newsletter will only be used to send our
newsletter. In addition, subscribers to the newsletter may be informed
by e-mail, as long as this is necessary for the operation of the
newsletter service or a registration in question, as this could be the
case in the event of modifications to the newsletter offer, or in the
event of a change in technical circumstances. There will be no transfer
of personal data collected by the newsletter service to third parties.
The subscription to our newsletter may be terminated by the data subject
at any time. The consent to the storage of personal data, which the
data subject has given for shipping the newsletter, may be revoked at
any time. For the purpose of revocation of consent, a corresponding link
is found in each newsletter. It is also possible to unsubscribe from
the newsletter at any time directly on the website of the controller, or
to communicate this to the controller in a different way.
The newsletter of the Erlebnis Akademie AG contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Erlebnis Akademie AG may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels
contained in the newsletters are stored and analyzed by the controller
in order to optimize the shipping of the newsletter, as well as to adapt
the content of future newsletters even better to the interests of the
data subject. These personal data will not be passed on to third
parties. Data subjects are at any time entitled to revoke the respective
separate declaration of consent issued by means of the double-opt-in
procedure. After a revocation, these personal data will be deleted by
the controller. The Erlebnis Akademie AG automatically regards a
withdrawal from the receipt of the newsletter as a revocation.
8. Contact possibility via the website
The website of the Erlebnis Akademie AG 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.
9. 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.
10. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following Information:
Furthermore, the data subject shall have a
right to obtain information as to whether personal data are transferred
to a third country or to an international organization. Where this is
the case, the data subject shall have the right to be informed of the
appropriate safeguards relating to the transfer.
If a data
subject wishes to avail himself of this right of access, he or she may,
at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator 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.
If a data subject wishes to
exercise this right to rectification, he or she may, at any time,
contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
one of the aforementioned reasons applies, and a data subject wishes to
request the erasure of personal data stored by the Erlebnis Akademie
AG, he or she may, at any time, contact any employee of the controller.
An employee of Erlebnis Akademie AG shall promptly ensure that the
erasure request is complied with immediately.
controller has made personal data public and is obliged pursuant to
Article 17(1) to erase the personal data, the controller, taking account
of available technology and the cost of implementation, shall take
reasonable steps, including technical measures, to inform other
controllers processing the personal data that the data subject has
requested erasure by such controllers of any links to, or copy or
replication of, those personal data, as far as processing is not
required. An employees of the Erlebnis Akademie AG will arrange the
necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
of the aforementioned conditions is met, and a data subject wishes to
request the restriction of the processing of personal data stored by the
Erlebnis Akademie AG, he or she may at any time contact any employee of
the controller. The employee of the Erlebnis Akademie AG will arrange
the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall 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 point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) 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.
exercising his or her right to data portability pursuant to Article
20(1) of the GDPR, the data subject shall have the right to have
personal data transmitted directly from one controller to another, where
technically feasible and when doing so does not adversely affect the
rights and freedoms of others.
In order to assert the right
to data portability, the data subject may at any time contact any
employee of the Erlebnis Akademie AG.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Akademie AG shall no longer process the personal data in the event of
the 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 defence of legal
If the Erlebnis Akademie AG processes personal data
for direct marketing purposes, the data subject shall have the right to
object at any time to processing of personal data concerning him or her
for such marketing. This applies to profiling to the extent that it is
related to such direct marketing. If the data subject objects to the
Erlebnis Akademie AG to the processing for direct marketing purposes,
the Erlebnis Akademie AG will no longer process the personal data for
In addition, the data subject has the right,
on grounds relating to his or her particular situation, to object to
processing of personal data concerning him or her by the Erlebnis
Akademie AG for scientific or historical research purposes, or for
statistical purposes pursuant to Article 89(1) of the GDPR, unless the
processing is necessary for the performance of a task carried out for
reasons of public interest.
In order to exercise the right to
object, the data subject may contact any employee of the Erlebnis
Akademie AG. In addition, the data subject is free in the context of the
use of information society services, and notwithstanding Directive
2002/58/EC, to use his or her right to object by automated means using
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator 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, as long as the decision (1) is not is 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, the Erlebnis Akademie AG shall
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 his or her point
of view and contest the decision.
If the data subject wishes
to exercise the rights concerning automated individual decision-making,
he or she may, at any time, contact any employee of the Erlebnis
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right
to withdraw the consent, he or she may, at any time, contact any
employee of the Erlebnis Akademie AG.
11. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, 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 with the applicant by the controller, 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. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
12. Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
operator of the Google Analytics component is Google Ireland Limited,
Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
the web analytics through Google Analytics the controller uses the
application "_gat. _anonymizeIp". By means of this application the IP
address of the Internet connection of the data subject is abridged by
Google and anonymized when accessing our websites from a Member State of
the European Union or another Contracting State to the Agreement on the
European Economic Area.
The purpose of the Google Analytics
component is to analyze the traffic on our website. Google uses the
collected data and information, inter alia, to evaluate the use of our
website and to provide online reports, which show the activities on our
websites, and to provide other services concerning the use of our
Internet site for us.
Google Analytics places a cookie on the
information technology system of the data subject. The definition of
cookies is explained above. With the setting of the cookie, Google is
enabled to analyze the use of our website. With each call-up to one of
the individual pages of this Internet site, which is operated by the
controller and into which a Google Analytics component was integrated,
the Internet browser on the information technology system of the data
subject will automatically submit data through the Google Analytics
component for the purpose of online advertising and the settlement of
commissions to Google. During the course of this technical procedure,
the enterprise Google gains knowledge of personal information, such as
the IP address of the data subject, which serves Google, inter alia, to
understand the origin of visitors and clicks, and subsequently create
The cookie is used to store personal
information, such as the access time, the location from which the access
was made, and the frequency of visits of our website by the data
subject. With each visit to our Internet site, such personal data,
including the IP address of the Internet access used by the data
subject, will be transmitted to Google in the United States of America.
These personal data are stored by Google in the United States of
America. Google may pass these personal data collected through the
technical procedure to third parties.
The data subject may,
as stated above, prevent the setting of cookies through our website at
any time by means of a corresponding adjustment of the web browser used
and thus permanently deny the setting of cookies. Such an adjustment to
the Internet browser used would also prevent Google Analytics from
setting a cookie on the information technology system of the data
subject. In addition, cookies already in use by Google Analytics may be
deleted at any time via a web browser or other software programs.
addition, the data subject has the possibility of objecting to a
collection of data that are generated by Google Analytics, which is
related to the use of this website, as well as the processing of this
data by Google and the chance to preclude any such. For this purpose,
the data subject must download a browser add-on under the link
https://tools.google.com/dlpage/gaoptout and install it. This browser
information about the visits of Internet pages may not be transmitted to
Google Analytics. The installation of the browser add-ons is considered
an objection by Google. If the information technology system of the
data subject is later deleted, formatted, or newly installed, then the
data subject must reinstall the browser add-ons to disable Google
Analytics. If the browser add-on was uninstalled by the data subject or
any other person who is attributable to their sphere of competence, or
is disabled, it is possible to execute the reinstallation or
reactivation of the browser add-ons.
Further information and
the applicable data protection provisions of Google may be retrieved
under https://www.google.com/intl/en/policies/privacy/ and under
http://www.google.com/analytics/terms/us.html. Google Analytics is
further explained under the following Link
13. Data protection provisions about the application and use of YouTube
On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.
The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
each call-up to one of the individual pages of this Internet site,
which is operated by the controller and on which a YouTube component
(YouTube video) was integrated, the Internet browser on the information
technology system of the data subject is automatically prompted to
download a display of the corresponding YouTube component. Further
information about YouTube may be obtained under
https://www.youtube.com/yt/about/en/. During the course of this
technical procedure, YouTube and Google gain knowledge of what specific
sub-page of our website was visited by the data subject.
the data subject is logged in on YouTube, YouTube recognizes with each
call-up to a sub-page that contains a YouTube video, which specific
sub-page of our Internet site was visited by the data subject. This
information is collected by YouTube and Google and assigned to the
respective YouTube account of the data subject.
Google will receive information through the YouTube component that the
data subject has visited our website, if the data subject at the time of
the call to our website is logged in on YouTube; this occurs regardless
of whether the person clicks on a YouTube video or not. If such a
transmission of this information to YouTube and Google is not desirable
for the data subject, the delivery may be prevented if the data subject
logs off from their own YouTube account before a call-up to our website
YouTube's data protection provisions, available at
https://www.google.com/intl/en/policies/privacy/, provide information
about the collection, processing and use of personal data by YouTube and
14. Data protection provisions about the application and use of Mapbox
On this website, the controller has integrated components of Mapbox. Mapbox is a provider of software to display interactive maps. These components are activated only by clicking on them, whereby your browser establishes a direct connection with the servers of Mapbox. The content of the maps is directly transmitted to your browser which integrates it into the website. Hence, personal data is transmitted to the provider. This may include IP addresses and location data of the user. Generally, this will not happen without the user’s consent on the user’s device. The data can be processed in the United States. Mapbox uses the collected data exclusively for the purpose of displaying the map functions and caching the selected settings.
The operating company of Mapbox is Mapbox Inc., 740 15th Street NW 5th Floor, Washington, DC 20005, United States.
data protection provisions are available at
https://www.mapbox.com/legal/privacy provide information about the
collection, processing and use of personal data by Mapbox.
15. Data protection provisions about the ticket purchases via Convious
On this website, components of Convious. Convious is an eCommerce provider that processes ticket sales and payment. These components are activated when you use the ticket purchase function. This will transfer personal data to the provider. The data transfer and processing is handled in accordance with the data protection agreement, which can be found at https://www.convious.com/data-processing-agreement/.
The operating company of Convious is KWYCK B.V., Van Diemenstraat 164a, 1013 CN Amsterdam, The Netherlands.
16. Data protection provisions about Facebook-Pixel
We only want to show our services and products to people who are really interested in them. With the help of Facebook pixels, our advertising measures can be better tailored to your wishes and interests. In this way, Facebook users (provided they have allowed personalised advertising) see suitable advertising. Furthermore, Facebook uses the collected data for analysis purposes and its own advertisements.
In the following, we show you those cookies that were set by integrating Facebook Pixel on a test page. Please note that these are only sample cookies. Different cookies are set depending on the interaction on our website.
Intended use: This cookie is used by Facebook to display advertising products.
Expiry date: after 3 months
Intended use: This cookie is used to make Facebook Pixel work properly.
Expiry date: after 3 months
Value: Author name
Intended use: This cookie stores the text and name of a user who leaves a comment, for example.
Expiry date: after 12 months
Value: https%3A%2F%2Fwww.testseite…%2F (URL des Autors)
Intended use: This cookie stores the URL of the website that the user enters in a text field on our website.
Expiry date: after 12 months
Value: Author e-mail address
Intended use: This cookie stores the user's email address if he/she has provided it on the website.
Expiry date: after 12 months
Note: The above cookies refer to individual user behaviour. Especially when using cookies, changes can never be ruled out with Facebook.
If you are logged in to Facebook, you can change your settings for advertisements at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen yourself. If you are not a Facebook user, you can generally manage your usage-based online advertising at http://www.youronlinechoices.com/de/praferenzmanagement/. There you have the option of selecting providers. There you have the option to deactivate or activate providers.
Facebook also processes your data in the USA, among other places. We would like to point out that according to the opinion of the European Court of Justice, there is currently no adequate level of protection for the transfer of data to the USA. This may be associated with various risks for the lawfulness and security of the data processing.
As a basis for data processing with recipients located in third countries (outside the European Union, Iceland, Liechtenstein, Norway, i.e. in particular in the USA) or a data transfer there, Facebook uses so-called standard contractual clauses (= Art. 46. para. 2 and 3 DSGVO). Standard Contractual Clauses (SCC) are templates provided by the EU Commission and are intended to ensure that your data comply with European data protection standards even if they are transferred to third countries (such as the USA) and stored there. Through these clauses, Facebook undertakes to comply with the European level of data protection when processing your relevant data, even if the data is stored, processed and managed in the US. These clauses are based on an implementing decision of the EU Commission. You can find the decision and the corresponding standard contractual clauses here, among other places: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de
The Facebook data processing terms and conditions, which correspond to the standard contractual clauses, can be found at https://www.facebook.com/legal/terms/dataprocessing.
17. 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 processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
18. The legitimate interests pursued by the controller or by 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 favor of the well-being of all our employees and the shareholders.
19. 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.
Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the data
subject to provide the personal data; possible consequences of failure
to provide such data
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 have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the 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 the consequences of non-provision of the personal data.
21. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.