Privacy Policy

 

The processing of personal data, such as the name, address, email 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 P+F Portfolio + Finanz GmbH. By means of this data protection declaration, our company would like to inform the 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, P+F Portfolio + Finanz 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.

1. Definitions

The data protection declaration of P+F Portfolio + Finanz 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 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) Pseudonymisation

Pseudonymisation 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.

2. Name and Address of the Controller

The 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:

Alpha Star Consult GmbH

Badenerstrasse 816
8048 Zürich

Phone: +49 69 902 359 550

Email: info@festgeldrategeber.de

3. Name and Address of the Data Protection Officer

The Data Protection Officer of the controller is:

Prof. Dr. h.c. Heiko Jonny Maniero, LL.B., LL.M. mult., M.L.E.

Franz-Joseph-Str. 11

80801 Munich (Germany)

Phone: +49 (0) 8131-77987-0

Email: info@dg-datenschutz.de

Website: https://dg-datenschutz.de/

Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

4. Cookies

The internet pages of P+F Portfolio + Finanz GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a 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 data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, P+F Portfolio + Finanz 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. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. For example, the user of a website that uses cookies 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 shop remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The 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 usable.

5. Collection of General Data and Information

The website of P+F Portfolio + Finanz GmbH collects a series of general data and information with each call-up to the website by a data subject or an automated system. This general data and information are stored in the server log files. The following may be collected: (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 which are reached via an accessing system on our website, (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, P+F Portfolio + Finanz 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, P+F Portfolio + Finanz 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.

6. Contact Possibility via the Website

The website of P+F Portfolio + Finanz 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.

7. Registration on our Website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g., a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

8. 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.

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.

9. 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:

  • 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 organizations;

  • 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 from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, 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, 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 envisaged consequences of such processing for the data subject.

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:

  • 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 to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

  • The data subject objects to the processing pursuant to Article 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 Article 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 Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by P+F Portfolio + Finanz GmbH, he or she may, at any time, contact any employee of the controller. An employee of P+F Portfolio + Finanz GmbH shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) of the GDPR 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 the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of P+F Portfolio + Finanz GmbH 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:

  • 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 instead the restriction of their use.

  • 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 Article 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 the processing of personal data stored by P+F Portfolio + Finanz GmbH, he or she may at any time contact any employee of the controller. The employee of P+F Portfolio + Finanz GmbH 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.

Furthermore, in 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 P+F Portfolio + Finanz GmbH.

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 the 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.

P+F Portfolio + Finanz GmbH 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 defense of legal claims.

If P+F Portfolio + Finanz GmbH 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 P+F Portfolio + Finanz GmbH to the processing for direct marketing purposes, P+F Portfolio + Finanz GmbH will no longer process the personal data for these purposes.

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 P+F Portfolio + Finanz GmbH 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 P+F Portfolio + Finanz GmbH or another employee directly. The data subject is also 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 technical specifications.

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 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, P+F Portfolio + Finanz GmbH 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 controller.

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 controller.

10. Data Protection for Applications and the Application Procedure

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 sense is, e.g., a burden of proof in a procedure under the General Equal Treatment Act (AGG).

11. 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.

The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

For the web analysis 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, 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 commission settlements.

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. This personal data is 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.

Furthermore, 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 add-on tells Google Analytics through a JavaScript, that any data and 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 https://www.google.com/analytics/.

12. 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.

With 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.

If 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.

YouTube and 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 is made.

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 Google.

13. Data Protection Provisions about the Application and Use of DoubleClick

On this website, the controller has integrated components of DoubleClick by Google. DoubleClick is a brand of Google, under which special online marketing solutions are marketed to advertising agencies and publishers.

The operating company of DoubleClick by Google is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

DoubleClick by Google transmits data to the DoubleClick server with every impression, click or other activity. Each of these data transfers triggers a cookie request to the data subject’s browser. If the browser accepts this request, DoubleClick sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. The purpose of the cookie is the optimization and display of advertising. The cookie is used, among other things, to serve and display user-relevant advertising and to create or improve reports on advertising campaigns. Furthermore, the cookie serves to avoid multiple displays of the same advertisement.

DoubleClick uses a cookie ID which is necessary to carry out the technical process. For example, the cookie ID is needed to display an advertisement in a browser. DoubleClick can also use the cookie ID to record which advertisements have already been shown in a browser in order to avoid duplications. Furthermore, the cookie ID enables DoubleClick to track conversions. Conversions are recorded, for example, when a user was previously shown a DoubleClick ad and then makes a purchase on the advertiser’s website using the same internet browser.

A cookie from DoubleClick does not contain any personal data. However, a DoubleClick cookie may contain additional campaign identifiers. A campaign identifier is used to identify the campaigns with which the user has already been in contact.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a DoubleClick component was integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective DoubleClick component to transmit data to Google for the purposes of online advertising and the settlement of commissions. During the course of this technical procedure, Google gains knowledge of data that also serves Google to create commission settlements. Google can, among other things, understand that the data subject has clicked on certain links on our website.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, cookies already set by Google can be deleted at any time via an Internet browser or other software programs.

Further information and the applicable data protection provisions of DoubleClick by Google can be retrieved at https://www.google.com/intl/en/policies/.

14. Data Protection Provisions for Credit Assessment / Creditworthiness Check

If you wish to purchase on open account, the controller will conduct a credit check. To check your creditworthiness, the controller transmits both transaction details and your personal data (e.g., name, address, date of birth) to the following provider for credit checks:

Verband der Vereine Creditreform e. V., Hammfelddamm 13, 41460 Neuss.

This company, in turn, uses other sources to verify your creditworthiness and solvency.

The purpose of the processing is to secure our legitimate interest in the settlement of our claim. The legal basis is Art. 6(1)(f) GDPR.

Further information and the applicable data protection provisions of the aforementioned provider can be accessed via the following link: https://creditreform.de

15. Transmission to Banks and Other Payment Systems

The controller has integrated components of various payment systems and banks on this website. Payments are generally processed either online and/or with the help of IT systems. The purpose of the processing is payment processing and fraud prevention.

The respective operating company (bank or payment service provider) can be found using any search engine (e.g., Google).

If the data subject selects one of the payment options during the ordering process in our online shop, data of the data subject is automatically transmitted to the respective provider. By selecting the payment option, the data subject consents to the transmission of personal data required for payment processing.

The personal data transmitted is usually the first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. Personal data related to the respective order are also necessary for the processing of the purchase contract.

The controller will transmit personal data in particular if there is a legitimate interest for the transmission. The personal data exchanged between the payment service provider and the controller may be transmitted to credit reporting agencies. These transmissions are generally for the purpose of identity and credit checks.

The payment service providers may pass on the personal data to affiliated companies and service providers or subcontractors, insofar as this is necessary to fulfill the contractual obligations or the data is to be processed on behalf of them.

The data subject has the option to revoke consent for the handling of personal data at any time with the bank or payment service provider. A revocation does not affect personal data that must be processed, used, or transmitted for (contractual) payment processing.

The applicable data protection provisions of the respective payment service provider can be found on the website of the respective company.

16. Legal Basis for the Processing

Art. 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 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)(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. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 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 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)(d) GDPR. Finally, processing operations could be based on Article 6(1)(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. 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).

17. The Legitimate Interests Pursued by the Controller or by a Third Party

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

18. Period for Which the Personal Data Will Be Stored

The criterion 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 fulfillment of the contract or the initiation of a contract.

19. 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 one of our employees. Our 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.

20. Existence of Automated Decision-Making

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

21. Cookies incl. Third-Party Cookies on Websites Accessible via Links from our Website

  • Cookie Name: CONSENT | Provider: youtube.com | Type: HTTP | Expiry: 2 years | Cookie Purpose: Used to determine if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for the website’s GDPR compliance.

  • Cookie Name: VISITOR_INFO1_LIVE | Provider: youtube.com | Type: HTTP | Expiry: 179 days | Cookie Purpose: Tries to estimate the user’s bandwidth on pages with integrated YouTube videos.

  • Cookie Name: YSC | Provider: youtube.com | Type: HTTP | Expiry: Session | Cookie Purpose: Registers a unique ID to keep statistics of what videos from YouTube the user has seen.

  • Cookie Name: yt.innertube::nextId | Provider: youtube.com | Type: HTML | Expiry: Persistent | Cookie Purpose: Registers a unique ID to keep statistics of what videos from YouTube the user has seen.

  • Cookie Name: yt.innertube::requests | Provider: youtube.com | Type: HTML | Expiry: Persistent | Cookie Purpose: Registers a unique ID to keep statistics of what videos from YouTube the user has seen.

  • Cookie Name: yt-remote-cast-available | Provider: youtube.com | Type: HTML | Expiry: Session | Cookie Purpose: Stores the user’s preferences when retrieving a YouTube video integrated on other websites.

  • Cookie Name: yt-remote-cast-installed | Provider: youtube.com | Type: HTML | Expiry: Session | Cookie Purpose: Stores the user’s preferences when retrieving a YouTube video integrated on other websites.

  • Cookie Name: yt-remote-connected-devices | Provider: youtube.com | Type: HTML | Expiry: Persistent | Cookie Purpose: Stores the user’s preferences when retrieving a YouTube video integrated on other websites.

  • Cookie Name: yt-remote-device-id | Provider: youtube.com | Type: HTML | Expiry: Persistent | Cookie Purpose: Stores the user’s preferences when retrieving a YouTube video integrated on other websites.

  • Cookie Name: yt-remote-fast-check-period | Provider: youtube.com | Type: HTML | Expiry: Session | Cookie Purpose: Stores the user’s preferences when retrieving a YouTube video integrated on other websites.

  • Cookie Name: yt-remote-session-app | Provider: youtube.com | Type: HTML | Expiry: Session | Cookie Purpose: Stores the user’s preferences when retrieving a YouTube video integrated on other websites.

  • Cookie Name: yt-remote-session-name | Provider: youtube.com | Type: HTML | Expiry: Session | Cookie Purpose: Stores the user’s preferences when retrieving a YouTube video integrated on other websites.

  • Cookie Name: __cf_bm | Provider: login.finexity.com | Type: HTTP | Expiry: 1 day | Cookie Purpose: This cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of their website.

  • Cookie Name: did | Provider: login.finexity.com | Type: HTTP | Expiry: 1 year | Cookie Purpose: Unique ID that identifies the user’s session.

  • Cookie Name: did_compat | Provider: login.finexity.com | Type: HTTP | Expiry: 1 year | Cookie Purpose: Ensures browsing-security for visitors by preventing cross-site request forgery. This cookie is essential for the security of the website and the visitor.

  • Cookie Name: persist:root | Provider: finexity.com | Type: HTML | Expiry: Persistent | Cookie Purpose: This cookie stores the visitor’s login credentials in an encrypted cookie to allow the visitor to remain logged in when returning to the website.

  • Cookie Name: tipsterID | Provider: sachwertinvest.de | Type: HTTP | Expiry: 1 day | Cookie Purpose: Necessary to attribute any product conclusion to the respective referrer.

22. General Terms and Conditions for Data Protection

Our General Terms and Conditions for Data Protection, which include, among other things, all five versions of the EU Standard Contractual Clauses, the UK International Data Transfer Agreement, the UK Addendum for the EU Standard Contractual Clauses, a Data Processing Agreement under UK law, the CCPA-CPRA Contractor Agreement, as well as a Data Protection and Confidentiality Agreement for our suppliers, automatically become part of all contracts concluded with us. By concluding another contract with us, you automatically agree to the respective terms. In detail:

  1. EU Standard Contractual Clauses 2021/915 between Controller and Processor: If you are a contractual partner of ours based in the EU/EEA who processes personal data on our behalf, you automatically agree to the applicability of our published Standard Contractual Clauses 2021/915 by performing or transacting business for or with us. If we are your processor, our published Standard Contractual Clauses 2021/915 also apply automatically between you and us.

  2. EU Standard Contractual Clauses 2021/914 MODULE ONE: Transfer Controller to Controller: If you are a contractual partner of ours based in a third country and receive personal data (protected by the GDPR, the law of the Member States or the European Economic Area) from us as a controller and act as a controller, you automatically agree to the applicability of the published Standard Contractual Clauses 2021/914 Module One by performing or transacting business for or with us. The same applies if you act as a controller and transfer personal data to us as a controller.

  3. EU Standard Contractual Clauses 2021/914 MODULE TWO: Transfer Controller to Processor: If you are a contractual partner of ours based in a third country and receive personal data (protected by the GDPR, the law of the Member States or the European Economic Area) from us as a controller and act as a processor, you automatically agree to the applicability of the published Standard Contractual Clauses 2021/914 Module Two by performing or transacting business for or with us. The same applies if you act as a controller and transfer personal data to us as a processor.

  4. EU Standard Contractual Clauses 2021/914 MODULE THREE: Transfer Processor to Processor: If you are a contractual partner of ours and we act as a processor (e.g., for a subsidiary or a third party), you are based in a third country and receive international data transfers of personal data (protected by the GDPR, the law of the Member States or the European Economic Area), and you are therefore a (sub-)processor, you automatically agree to the applicability of the published Standard Contractual Clauses 2021/914 Module Three by performing or transacting business for or with us. The same applies if you act as a processor and transfer personal data to us as a (sub-)processor.

  5. EU Standard Contractual Clauses 2021/914 MODULE FOUR: Transfer Processor to Controller: If you are a contractual partner of ours and we act as a processor (e.g., for a subsidiary or a third party), you are based in a third country and receive international data transfers of personal data (protected by the GDPR, the law of the Member States or the European Economic Area), and you are a controller, you automatically agree to the applicability of the published Standard Contractual Clauses 2021/914 Module Four by performing or transacting business for or with us. The same applies if you act as a processor and transfer personal data to us as a controller.

  6. Confidentiality Agreement and Maintenance of Data Secrecy for Suppliers: If you are a supplier of ours who is not a processor, or if you receive other and non-personal data from us, you automatically agree to the applicability of the published Confidentiality Agreement and Maintenance of Data Secrecy for Suppliers by performing or transacting business for or with us.

  7. Confidentiality Agreement and Maintenance of Data Secrecy for Customers: If you are a customer of ours and data is exchanged between us, we may separately agree to the published Confidentiality Agreement and Maintenance of Data Secrecy for Customers by means of a concordant declaration of intent. This confidentiality agreement only becomes effective through a separately issued declaration by the parties.

  8. International Data Transfer Agreement (United Kingdom, Contract language: English): If you are a contractual partner of ours, and the personal data transferred from us to you belongs to individuals from the United Kingdom or if we are based in the United Kingdom, and you yourself are based outside the United Kingdom and receive personal data (protected by the UK GDPR or UK law) from us, you automatically agree to the applicability of the published “International Data Transfer Agreement” by performing or transacting business for or with us.

  9. International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses for International Data Transfers (United Kingdom, Contract language: English): If you are a contractual partner of ours, and the transferred personal data belongs to individuals from the United Kingdom or we are based in the United Kingdom, and you yourself are based outside the United Kingdom and receive personal data (protected by the UK GDPR or UK law) from us, and have already agreed to the EU Standard Contractual Clauses with us, you automatically agree to the applicability of the published “International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses for International Data Transfers” by performing or transacting business for or with us.

  10. Data Processing Agreement for the United Kingdom (Contract language: English): If you are a contractual partner of ours, and both we and you have our registered office in the United Kingdom, and you process personal data (protected by the UK GDPR or UK law) on our behalf, you automatically agree to the applicability of the published “Data Processing Agreement for the United Kingdom” by performing or transacting business for or with us. The same applies if you act as a controller and transfer personal data to us as a processor.

  11. CCPA-CPRA CONTRACTOR AGREEMENT for California (Contract language: English): If you are a contractual partner of ours, and we or you have a business location in California, or employ or engage employees, service providers, processors or other persons from California, and if the Contractor processes data of Consumers protected by the CCPA-CPRA or California law in the context of the cooperation, you automatically conclude the CCPA-CPRA CONTRACTOR AGREEMENT published by us with us through any performance or transaction of business, either as a Business or as a Contractor.

A list of our sub-processors must be requested from us separately.

23. Transfers to the USA via the EU-U.S. Data Privacy Framework

The European Commission adopted the EU-U.S. Data Privacy Framework on July 10, 2023.

The EU-U.S. Data Privacy Framework is an adequacy decision that allows the transfer of personal data from the European Economic Area (EEA), which includes the 27 EU member states as well as Norway, Iceland, and Liechtenstein, to any US company that has undergone a defined self-certification process. The US companies certified under the EU-U.S. Data Privacy Framework are listed on the following website: https://www.dataprivacyframework.gov/s/participant-search

As long as the EU-U.S. Data Privacy Framework is not invalidated by the Court of Justice of the European Union (CJEU) or the European Commission, or replaced by a successor agreement, the controller will transfer personal data from the EEA to all companies certified under the EU-U.S. Data Privacy Framework and mentioned in this privacy policy or in the list of processors and data recipients based on the EU-U.S. Data Privacy Framework. These transfers are permissible under Article 45 GDPR.

The controller points out that for transfers based on the EU-U.S. Data Privacy Framework, neither an analysis of the legal situation in the recipient country (so-called Transfer Impact Assessment) nor supplementary measures, such as encryption to protect the transferred personal data from access by US authorities, are necessary or taken.

The EU-U.S. Data Privacy Framework obligates certified companies from the USA to comply with established data protection principles, which are based on the requirements of the GDPR, as well as to fulfill data subject rights (e.g., right of access and erasure).

Data subjects from the EEA who believe that the requirements of the EU-U.S. Data Privacy Framework are not being observed by a certified US company can lodge a complaint with their competent European data protection supervisory authority. This data protection authority forwards the complaint to the European Data Protection Board, which then transmits it to the US authority responsible for handling the complaint.

Data subjects from the EEA also have legal remedies before independent arbitration bodies in the USA.

If the controller is based in the USA and certified under the EU-U.S. Data Privacy Framework, the controller acts as a data importer and complies with the requirements of the EU-U.S. Data Privacy Framework.

You can contact the controller’s data protection officer at any time with questions about the EU-U.S. Data Privacy Framework.

24. Email Advertising to Customers or Prospects

We may send you advertising using electronic mail in corresponding application of § 7 Abs. 3 UWG (German Act Against Unfair Competition), if the advertising is in connection with the sale of a good or service from us, we have received the electronic mail address from you, and use this address for direct advertising for our own similar goods or services, and you have not objected to this use. You have been clearly and distinctly informed at the time of collection of the address and with each use that you can object to the use at any time without incurring any costs other than the transmission costs according to the basic tariffs.

25. Webinars and Online Meetings

We host webinars and invite customers, prospects, service providers, and suppliers, as well as their and our employees, to online meetings. For this, we use various third-party providers (operators of online meeting applications, application providers). You can identify which third-party provider we use for a specific webinar or online meeting by the participation link. The privacy policy and, if applicable, other legally required information can be found on the website of the respective third-party provider.

By registering, logging in, and/or participating in a webinar or online meeting, you expressly agree that your personal data may be processed for the purposes of registration, planning, organization, and execution of the webinar or online meeting, which includes the transfer to a third-party provider (possibly located in a third country), and that audio, video, or photographic recordings within the scope of the webinar or online meeting may be transmitted to other participants and/or published. With a single action, you grant multiple consents. By registering, logging in, and/or participating, you also voluntarily give your explicit consent pursuant to Art. 49(1)(1)(a) GDPR for data transfers to third countries for the purposes of registration, planning, organization, and execution of the webinar or online meeting, especially for such transfers to third countries for which there is no adequacy decision from the EU/EEA, as well as to companies or other bodies that are not subject to an existing adequacy decision due to self-certification or other accession criteria, and in which or for which there are significant risks and no appropriate safeguards for the protection of your personal data (e.g., due to § 702 FISA, Executive Order EO12333, and the Cloud Act in the USA). We hereby inform you in advance of giving your voluntary and explicit consent that an adequate level of data protection may not be guaranteed in third countries, that your data subject rights may not be enforceable, and that published personal data may not be able to be deleted, modified, or anonymized at all, only to a limited extent, and/or with a delay. You give your consent voluntarily. You are not obliged to give consent and can refrain from attending or participating in the webinar or online meeting, which we will consider as a refusal of our request for consent. You can revoke your data protection consent at any time with effect for the future, in whole or in part, in particular by deactivating, switching off, or not activating your audio, video, or photo transmissions from the outset during the webinar or online meeting. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. By your action, you also confirm that you have read and taken note of this privacy policy and the transparency document linked within it.

Contact for Data Protection Questions

You can reach the controller’s Data Protection Officer at datenschutz@europa-invest.eu

 

Free personal advice