Data protection information of Notos Xperts GmbH for the website www.notos-xperts.de

Privacy policy for the use of our website
Client, Customer and Supplier information

Privacy policy for the use of our website

1. the name and address of the controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

Notos Xperts GmbH
Heidelberger Straße 6
D-64283 Darmstadt, Germany

Phone: +49 6151 520 10 0

Website: www.notos-xperts.de
E-mail: info@notos-xperts.de

 

2. the name and address of the Data Protection Officer

Currently, there is no obligation for the data controller to appoint a data protection officer. Every data subject can contact our responsible partner RA Jens Engelhardt or RA Prof. Sven Kolja Braune directly at any time with all questions and suggestions to the data protection under the contact data specified above.

 

3. Definitions

The data protection information of the Notos Xperts GmbH is based on the definitions which have been used by the European directive and order issuing office in formulating the General Data Protection Regulation (GDPR). The data protection information of the Notos Xperts GmbH should be easily read and understood not only by the general public but also by our customers and business partners. In order to ensure this, we would like to clarify in advance the definitions used.

In this data protection information and on our website, we use – amongst others – the following terms:

3.1 Personal data

Personal data is any information relating to an identified or identifiable natural person (hereafter “data subject”). Defined as identifiable is a natural person 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.

3.2 Data subject

Data subject is each identified or identifiable natural person, whose personal data is processed by the controller for the processing.

3.3 Processing

Processing means any operation or set of operations which is carried out in connection with personal data – whether or not by automated means – such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

3.4 Restricting of the processing

Restricting of the processing is the marking of personal data as stored with the objective of restricting its processing in the future.

3.5 Profiling

Profiling is each type of the automated processing of personal data, which consists of this personal data being used to permit particular personal aspects relating to a particular natural person, and here in particular aspects in respect of work performance, economic situation, health, personal likes, interests, reliability, behaviour, place of residence or change of place of residence of this natural person to be evaluated, analysed or forecast.

3.6 Pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, in so far as this additional information is kept in a special way and subjected to technical and organizational measures which ensure that the personal data cannot be assigned to an identified or identifiable natural person.

3.7 Controller or party responsible for the processing

Controller or party responsible for the processing (hereafter controller) is the natural person or legal entity, authority, institution or other post, which alone or together with others decides on the purposes and means of the processing of personal data. If the purposes and means of the processing are laid down in European Union legislation or the legislation of the member states, then the controller or the particular criteria of the appointment of this controller in accordance with European Union legislation or the legislation of the member states can be provided.

3.8 Processor

Processor is a natural person or legal entity, authority, institution or other post, which processes the personal data on the instructions of the controller.

3.9 Recipient

Recipient is a natural person or legal entity, authority, institution or other post to which personal data are disclosed regardless of whether this is a third party or not. However, authorities, which receive within the framework of a particular investigation order in accordance with European Union legislation or the legislation of the member states data which possibly may be/contain personal data, do not hold good as recipients.

3.10 Third party

Third party is a natural person or legal entity, authority, institution or other post with the exception of the data subject, the controller, the order processor and those persons which are authorized under the direct responsibility of the controller or of the order processor to process the personal data.

3.11 Consent

Consent is each declaration of will given voluntarily by the data subject for the definite case in an informed and unambiguous manner in the form of a declaration or other unambiguous confirmatory action, with which the data subject makes clear that he/she agrees to the processing of personal data relating to himself/herself.

 

4. General information on data processing

Data protection, data security and data secrecy hold high priority for Notos Xperts GmbH (hereafter also termed Notos Xperts GmbH). The durable protection of your personal data, of your company data and of your business secrets is especially important for us.

You can always visit our website without making statements on your person. However, if you wish to make use of the services of our company, then this makes the stating of personal data necessary. As a rule we use the data that you communicate and that is collected by the website as well as the data stored in the course of the use solely for our own purposes, namely for the execution and making available of our website and the initiation, execution and progressing of the services/offers made available via the website (contract fulfilment) and do not pass this data on to external third parties in so far as there is not an official obligation to do this. In all other cases we obtain your special agreement.

The processing of your personal data is carried out in conformity with the requirements of the General Data Protection Regulation and in conformity with the country-specific data protection regulations holding good for Notos Xperts GmbH. With the aid of this data protection information we wish to inform you on the nature, scope and purpose of the personal data processed by ourselves. In addition, we clarify for you with the aid of this data protection information the rights to which you are entitled.

Notos Xperts GmbH has realized technical and organizational measures in order to ensure an appropriate level of protection of the personal data processed via this website. Nevertheless, fundamentally Internet-based data transmissions can have security loopholes so that absolute protection cannot be guaranteed.

 

5. legal basis, purposes of processing, duration of storage, objection and possibility of disposal

5.1 General information on the legal basis

Where we obtain the consent of the data subject for the processing of personal data, Article 6(1)(a) of the EU Basic Data Protection Regulation (DSGVO) serves as the legal basis for the processing of personal data.

Art. 6 para. 1 lit. b DSGVO serves as a legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This shall also apply to processing operations necessary for the implementation of pre-contractual measures.

If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.

5.2 General information on data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, storage can take place if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.

 

6. Collecting of general data and information

The website of Notos Xperts GmbH collects a range of general data and information each time the website is called by a data subject or an automated system. This general data and information is stored in the log files of the server. Able to be collected are: (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 referrer), (4) the sub-websites, which are steered to on our website via an accessing system, (5) the date and time of an access to the website, (6) an Internet-protocol-address (IP-address), (7) the Internet service provider of the accessing system and (8) other similar data and information, which serve the warding off of hazards in the case of attacks to our IT systems.

In using this general data and information Notos Xperts GmbH draws no conclusions about the data subject. Much more is this information needed (1) to be able to deliver out the content of our website correctly, (2) to permit the optimization of the content of our website and of the advertising for this, (3) to ensure the durable functionality of our IT systems and of the technology of our website and (4) to be able to make available to the law enforcement authorities the information necessary for criminal prosecution in the case of a cyber attack. This anonymously collected data and information is evaluated by Notos Xperts GmbH on the one hand statistically and on the other hand with the objective of increasing the data protection and the data security in our company in order finally to ensure an optimal level of protection for the personal data processed by ourselves. The anonymous data of the server-logfiles are stored separately from all the personal data stated by a data subject.

Date/data Legal foundation Storage purpose Storage duration Objection / opportunity for elimination
General system data Article 6 Para. 1 lit. f GDPR

(legitimate interest)

The temporary storing of the IP-address by the system is necessary to permit the delivery of the website to the computer of the user. For this the IP-address of the user must remain stored for the duration of the session. The data is deleted as soon as it is no longer necessary for achieving the purpose of their collection. This is the case when the particular session has ended in situations where the data is collected for making the website available.

This is the case at the latest seven days after the time when the data was stored in log files. More extensive storing is possible. In this case the IP-addresses of the users are deleted or distorted so that an assignment of the client calling in is no longer possible.

No because the data is essential for operating of the website

 

7. E-mail contact

At present it is possible to contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored.

In this connection no data is passed on to third parties. The data is used exclusively for the processing of the conversation and will immediately be deleted if it is no longer needed.

Date/data Legal foundation Storage purpose Storage duration Objection / opportunity for elimination
Data from e-mail contact Legal foundation for the processing of the data is as a rule Article 6 Para. 1 lit. b. GDPR in the case of enquiries via e-mail.

(contract fulfilment; pre-contractual measures);

Article 6 Para. 1 lit. c. GDPR (fulfilment of a legal obligation, e.g. answering of questions on data protection) and

in addition, Article 6 Para. 1 lit. f GDPR

(legitimate interest).

The processing of the personal data from the e-mail serves us solely for the processing of the contact. This is also the necessary legitimate interest in the processing of the data. The data is deleted as soon as it is no longer needed for achieving the purpose of their collection. This is the case for the personal data which are sent by e-mail when the particular conversation with the user has ended.

The conversation has ended when the circumstances allow the conclusion to be drawn that the matter in question has been finally clarified.

The above does not hold good if the correspondence is subject to a retention obligation under commercial law.

The user has the opportunity to object at any time to the storing of his personal data. In such a case the conversation cannot be continued.

 

8. Data protection with applications and application processes

We collect and process the personal data of applicants for the purpose of progressing the application process. The processing can also be carried out electronically. This is in particular the case when an applicant sends to us relevant application documents by an electronic route, e.g. per e-mail. If we conclude a contract of employment with yourself as applicant, the data transmitted will be stored for purposes of progressing the employment relationship subject to observation of the legal regulations. If a contract of employment is not concluded by the party responsible for the processing with the applicant, then the application documents will be automatically deleted six months after notification of the rejection in so far as there is no other legitimate interest of the party responsible for the processing against deletion. Another legitimate interest in this sense is, for example, an obligation of proof in a process in accordance with the German General Equal Treatment Act.

Date/data Legal foundation Storage purpose Storage duration Objection / opportunity for elimination
Data collected in connection with job-applications and job-application processes Legal foundation for the processing of the data is as a rule Article 6 Para. 1 lit. b. GDPR with job applications submitted via the contact form and/or e-mail.

(fulfilment of the employment contract; measures prior to the concluding of an employment contract);

Article 6 Para. 1 lit. c. GDPR (Fulfilment of a legal obligation, e.g. answering of questions in connection with the job-application process) and

apart from this Article 6 Para. 1 lit. f GDPR

(legitimate interest) and

special legal authorization rules such as a collective agreement, company agreement, income tax law etc. A supplementary reference is made to the Personnel / HR processing file.

If we conclude an employment contract with you as job applicant, the data transmitted for the purpose of progressing the employment relationship will be stored whereby the legal obligations will be observed. If no employment contract is concluded between the party responsible for the processing and the job applicant, then the job-application documents will be automatically deleted six months after the notification of rejection has been sent in so far as no other legitimate interest of the party responsible for the processing conflicts with the deletion.

A legitimate interest in this connection could be – for example – a proof obligation in a process in accordance with the German General Equal Treatment Act).

Only general objection and elimination opportunities.

 

9. Cookies

9.1 Description and scope of the data processing

Our website uses cookies. Cookies are text files which are stored in the Internet browser or, as the case may be, in the Internet browser on the computer system of the user. If a user calls a website, then a cookie may be stored on the operating system of the user. Such a cookie contains a characteristic string which permits unambiguous identification of the browser if the website is called again.

We currently only use technically required cookies to make our website more user-friendly.

Date/data Legal foundation Storage purpose Storage duration Objection / opportunity for elimination
Cookies Article 6 Para. 1 lit. f GDPR (legitimate interests) for strictly technically essential cookies The purpose behind the use of strictly technically essential cookies is that of making use of the website easier for the user. Certain functions of our website cannot be offered without the use of cookies. For these functions it is necessary that the browser is recognized even after a page change.

These purposes also include our legitimate interest in the processing of the personal data in accordance with Article 6 Para. 1 lit. f GDPR.

Cookies are stored on the user’s computer and are transmitted from this to our website. Accordingly, you as user have full control over the use of cookies. By carrying out a change to the settings of your browser you can deactivate cookies or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be carried out automatically. However, if cookies for our website are deactivated, it may no longer be possible to use all the functions of the website in full.

The transmission of flash cookies cannot be prevented via the browser settings but requires changes to the setting of the flash player.

 

10. Use and application of other tools

10.1 Data protection regulations for the use and application of Google Maps

On this website we use the offer of Google Maps. This allows us to display interactive maps directly on the website and enables you to conveniently use the map function.

By visiting the website, Google receives the information that you have called up the corresponding subpage of our website. In addition, only the technically necessary data is transmitted. This is regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such evaluation takes place in particular (even for unlogged-in users) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.

For more information about the purpose and scope of data collection and its processing by the plug-in provider, please refer to the provider’s privacy policy. There you will also find further information about your rights in this regard and setting options for the protection of your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

Date/data Legal foundation Storage purpose Storage duration Objection / opportunity for elimination
Data from the integration of Google Maps Article 6 Para. 1 lit. f GDPR

(legitimate interest)

Our legitimate interest arises from improving and optimizing our offering and providing a function that makes it easier to locate places and our business.

The purpose of the storage is the improvement of our offer, the visual and functional optimization of the website as well as the provision of a function, which facilitates the location of places and our business. The data will be deleted as soon as our legitimate interest no longer exists or we are obliged by law or legal orders to delete the  data. Right of objection in accordance with clause 11.7

 

11. Your rights

If your personal data is processed, then you are the data subject in the sense of the GDPR and you are entitled to the following rights against the controller:

11.1 Right of access by the data subject

You can demand from the controller confirmation as to whether personal data that relates to you has been processed by us.

If such processing has taken place, you can demand information on the following from the controller:

  1. The purposes for which the personal data is processed;
  2. The categories of personal data which are processed;
  3. The recipients or, as the case may be, the categories of recipients to which the personal data relating to you has been disclosed or will be disclosed;
  4. The planned duration of the storage of the personal data relating to you or – if concrete statements on this are not possible – the criteria for the laying down of duration of storage;
  5. The existence of a right to correction or deletion of the personal data relating to yourself, of a right to a restriction of the processing by the controller or of a right of objection to this processing;
  6. The existence of a right of appeal at a supervisory authority;
  7. All the available information on the origin of the data if the personal data was not collected at the data subject;
  8. The existence of an automated decision-finding process including profiling in accordance with Article 22 Para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and its scope and the effects strived for of such a processing for the data subject in question.

You are entitled to the right to demand information on whether the personal data relating to yourself is transmitted to a third country or an international organization. In this connection you can demand to be instructed on the suitable guarantees in accordance with Article 46 GDPR in connection with the transmission.

11.2 Right to rectification

You have a right to correction and/or complementing vis à vis the controller in so far as the personal data as processed and which relates to yourself is incorrect or incomplete. The controller has to carry out the correction without delay.

11.3 Right to restriction of the processing

Subject to the meeting of the following preconditions you can demand restriction of the processing of the personal data relating to you:

  1. if you dispute the correctness of the personal data relating to yourself for a period which makes it possible for the controller to check the correctness of the personal data;
  2. the processing is unlawful and you reject deletion of the personal data and instead demand restriction of the use of the personal data;
  3. the controller no longer needs the personal data for purposes of the processing but you need the data for the advancing, exercising or defending of legal claims, or
  4. if you have advanced objection to the processing in accordance with Article 21 Para. 1 GDPR but it has not yet been established whether the justified reasons of the controller outweigh your reasons.

If the processing of the personal data relating to yourself has been restricted, then this data – apart from the storing of this – may only be processed with your consent or for the assertion, exercising or defending of legal claims or for the protection of the rights of another natural person or legal entity or for reasons relating to an important public interest of the European Union or of a member state.

If the restriction of the processing has been restricted in accordance with the afore-mentioned preconditions, then you will be informed by the controller before the restriction is removed.

11.4 Right to erasure

11.4.1 Deletion obligation

You can demand from controller that the personal data relating to yourself is deleted without delay and the controller is then obliged to delete this data without delay in so far as one of the following reasons applies:

  1. The personal data relating to yourself is no longer required for the purposes for which it was collected or for which it was processed.
  2. You revoke your consent, on which processing in accordance with Article 6 Para. 1 lit. a or Article 9 Para.2 lit. a GDPR was based, and there is no other legal foundation for the processing.
  3. You submit an objection to the processing in accordance with Article 21 Para. 1 GDPR and there are no justified reasons for the processing with a higher priority, or you submit an objection to the processing in accordance with Article 21 Para. 2 GDPR.
  4. The personal data relating to you was processed in an unlawful manner.
  5. The deletion of the personal data relating to you is required to fulfil a legal obligation in accordance with European Union law or the law of the member states, which laws the controller is subject to.
  6. The personal data relating to you was collected in relation to services offered by the information company in accordance with Article 8 Para. 1 GDPR.

11.4.2 Information to third parties

If the controller has made the personal data relating to you public and if he/she is obliged to delete this data in accordance with Article 17 Para. 1 GDPR, then he/she shall take reasonable measures including ones of a technical nature – whereby account shall be taken of the available technology and the implementation costs – to inform the responsible parties for the data processing which process the personal data that you as data subject have demanded from them the deletion of all links to this personal data or of copies or replicates of these.

11.4.3 Exceptions

The right to deletion does not exist in so far as the processing is necessary for

  1. the exercising of the right of free expression of opinion and to information;
  2. for the fulfilment of a legal obligation, which requires the processing in accordance with the law of the European Union or the law of the member states, which laws the controller is subject to, or for the carrying out of a task, which lies in the public interest or which is carried out in the exercising of public authority, which authority was transferred to the controller;
  3. for reasons of public interest in the field of public health in accordance with Article 9 Para. 2 lit. h and i as well as Article 9 Para. 3 GDPR;
  4. for archiving purposes, scientific or historical research purposes lying in the public interest or for statistical purposes in accordance with Article 89 Para. 1 GDPR, in so far as the right named in section a) probably makes the reaching of the objectives of the processing impossible or impairs it seriously, or
  5. for the advancing, exercising or defending of legal claims.

Moreover, the right to deletion does not exist in so far as the personal data has to be stored by the controller in order to fulfill legal duties to preserve records and legal retention periods. In such a case instead of deletion blockage of the personal data applies.

11.5 Right to information

If you have advanced the right to the correcting, deleting or restricting of the processing vis à vis the controller, then the latter is obliged to inform all recipients, to which the personal data relating to you was disclosed, of this correction or deletion of the data or of the restricting of the processing, unless this proves itself to be impossible or linked with unreasonable expenditure.

You are entitled to the right vis à vis the controller to be informed about these recipients.

11.6 Right to data portability

You have the right to receive the personal data relating to you, which you made available to the controller, in a structured, conventional and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance by the controller to whom the personal data was made available, in so far as

  1. the processing is based on a consent in accordance with Article 6 Para. 1 lit. a GDPR or Article 9 Para. 2 lit. a GDPR or on a contract in accordance with Article 6 Para. 1 lit. b GDPR and
  2. the processing is carried out with the aid of automated processes.

In exercising this right, you have in addition the right to bring about the situation that the personal data relating to you is transferred directly from one controller to another controller in so far as this is technically possible. The freedoms and rights of other persons may not be impaired thereby.

The right to data portability does not hold good for the processing of personal data, which is necessary for the carrying out of a task, which lies in the public interest or in the exercising of public authority and which task was transferred to the controller.

11.7 Right to object

For reasons which result from your particular situation you have the right to advance at any time objection to the processing of the personal data relating to you, which processing is carried out on the basis of Article 6 Para. 1 lit. e or f GDPR; this right also holds good for profiling based on these provisions.

The controller shall then no longer process the personal data relating to you, unless he/she can demonstrate compelling reasons worthy of protection, which reasons overweigh your interests, rights and freedoms or where the processing serves the advancing, exercising or defending of legal claims.

If the personal data relating to you is processed for the carrying out of direct advertising, then you have the right to advance at any time objection to the processing of the personal data relating to you for purposes of such advertising; this holds good too for profiling in so far as this is carried out in connection with such direct advertising.

If you object to the processing for purposes of direct advertising, then the personal data relating to you will no longer be processed for these purposes.

You have the opportunity – in connection with the use of services of the information company and regardless of directive 2002/58/EC – to exercise your right of objection with the aid of automated processes in which technical specifications are used.

11.8 Right to withdraw from the declaration of consent under data protection law

You have the right to withdraw your consent at any time and without giving reasons. In the event of your withdrawal we immediately will delete your personal data and no longer process it. The legality of the processing carried out on the basis of your given consent and carried out prior to your withdrawal is not affected by your withdrawal.

11.9 Automated decision-making in individual cases including profiling

You have the right to not subject yourself to a decision based solely on an automated processing process – including profiling – which unfolds a legal effect vis à vis yourself or which impairs you significantly in a similar way. This does not hold good if the decision

  1. is necessary for the concluding or fulfilment of a contract between you and the controller,
  2. is permissible on the basis of legal regulations of the European Union or of its member states, which the controller is subject to, and these regulations contain reasonable measures for the maintenance of your rights and freedoms as well as for your legitimate interests or
  3. is carried out with your explicit consent.

However, these decisions may not be based on particular categories of personal data in accordance with Article 9 Para. 1 GDPR, in so far as Article 9 Para. 2 lit. a or g does not hold good and reasonable measures have been taken for the protection of the rights and freedoms as well as of your legitimate interests.

In respect of the cases named in (1) and (3) above the controller shall take reasonable measures to ensure the rights and freedoms as well as your legitimate interests, whereby belonging thereto is at the least the right to the affecting of the intervention of a person on the side of the controller for the representation of the controller’s standpoint and to the challenging of the decision.

11.10 Right to lodge a complaint at a supervisory authority

Regardless of another regulatory or judicial remedy, you are entitled to the right to lodge a complaint at a supervisory authority and here in particular at a supervisory authority in the member state of your place of residence, of your place of work or of the place where the suspected infringement took place when you are of the opinion that the processing of the personal data relating to you infringes the GDPR.

In this situation the supervisory authority, at which the complaint was lodged, shall inform the complainant on the status and the results of the complaint including the possibility of a judicial remedy in accordance with Article 78 GDPR.

 

 

Status: 10. May 2019

Controller: Notos Xperts GmbH

Client, Customer and Supplier information, simultaneously information on data processing in accordance with Article 12 f. and 21 GDPR

 

Dear Client, Customer, Supplier (m/f/d),

due to the legal provisions of the General Data Protection Regulation (GDPR), we are obliged to provide you with comprehensive information (Article 13 GDPR) on the processing of your personal data, for which we are pleased to do so. Data protection and the handling of your personal data are very important to us, so that we always pay attention to a proper processing of your personal data. If you have any questions about the processing of your data, both we and our data protection officer are available to answer them. Furthermore, the data protection officer is not subject to any instructions, is independent in his position and legally obliged to maintain secrecy and confidentiality (Article 38 GDPR, Section 38 BDSG), so that you can turn to him in confidence. With regard to the processing of your personal data, we inform you of the following:

 

1. Name of the controller

The controller of your personal data is Notos Xperts GmbH

 

2. Executive director

2.1  Power of representation

Jens Engelhardt, Managing Director
Prof. Sven Kolja Braune, authorized signatory
Eckart Haag, LL.M., authorized signatory
Daniel Hövel, LL.M., authorized signatory

2.2 Data protection officer

In our opinion, there is currently no legal requirement to appoint a data protection officer.

 

3. Adress of the controller

Notos Xperts GmbH
Heidelberger Straße 6
D-64283 Darmstadt

 

4. Purpose of data processing

Notos Xperts GmbH is specialized in the provision of IP and IT services. In addition to IT security and IT forensics, as well as legal tech and legal support services, its core competence lies above all in data protection and the associated areas of responsibility such as the position of external data protection officer and data protection compliance.

Your personal data will be processed for the purpose of establishing, implementing and terminating a contractual relationship with you.

 

5. Data categories

In this context, we process the following personal data or categories of data from you and the persons contractually associated with you, in particular:

  • Company and business information
  • Name and Surname of contact persons
  • Adress data
  • Bank details (if applicable)
  • Content data
  • Usage data
  • Data from employees and other data subjects

 

6. Legal foundation for the purpose of data processing

The legal foundation for the proccessing of personal data are:

  • Contract in accordance with Article 6 Para. 1 lit. b) GDPR
  • Consent in accordance with Article 6 Para. 1 lit a), 7 GDPR
  • Fulfilment of a legal obligation in accordance with Article 6 Para. 1 lit. c) GDPR
  • Our legitimate interests, provided that your legitimate interest in the exclusion of the processing does not outweigh, this can be in particular the case if you have objected to a processing for certain.

 

7. Recipient or category of recipients

In order to fulfil our contracted and legal obligations, your data will be forwarded to the following recipients or categories of recipients:

  • Offices
  • Adversary
  • Parties
  • Tax Offices
  • Bank institutions
  • Insurance companies
  • External service provider
    • Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA, but with locations exclusively in the EU (Ireland, Austria and/or Finland) for email hosting and hosting attorney software;
    • Legalsense B.V., Oorsprongpark 1 (3581 ES) in Utrecht, Netherlands for hosting billing software;
    • Tax consultant: MuP STEUERBERATUNGSGESELLSCHAFT DARMSTADT GMBH, Herdweg 72, 64285 Darmstadt for financial and payroll accounting;
    • Byon GmbH, Solmsstraße 71, 60486 Frankfurt am Main for telecommunications
    • REISSWOLF Akten- und Datenvernichtung GmbH, Schmickstrasse 33, 60314 Frankfurt am Main for document destruction;
    • Logistics company;
    • Controlling/Revision.

 

8. Transfer to a third country

In principle, your data will not be transferred to a third country within the meaning of the GDPR without your knowledge. However, if we manage or coordinate an international data protection mandate for you, e.g. within the framework of an international group, your name and, if applicable, contact data as well as data protection content data (factual data) will be transmitted to the foreign counterpart in accordance with the regulations.

 

9. Duration of the storage, delation of personal data

In order to fulfil our contractual and legal obligations, we store the data for the following periods, unless there is a legitimate interest within the meaning of Article 6 Para. I lit. f) GDPR, which would justify longer storage:

  • Contracts: 10 years, according to Sec. 147 Para. I Nr. 4,5 in connection with Para. III AO; Sec. 257 Para. I Nr. 1, 4 in connection with Sec. 238 Para. I HGB
  • Documents for invoices: 10 years, Sec. 147 Para. I Nr. 4,5 in connection with Para. III AO; Sec. 257 Para. I Nr. 1, 4 in connection with Sec 238 Para. I HGB
  • Judgments and enforceable titles in the original: usually issued to client, otherwise 30 years

 

10. Existence of a right to access, rectification, etc.

You have the following rights towards us with regard to personal data concerning:

  • Right to access;
  • Right to rectification or to obtain the erasure;
  • Right to restriction of processing;
  • Right to data portability;
  • Right to lodge a complain to a data protection supervisory authority about our processing of your personal data if you do not agree to the handling of your data and
  • Right to withdraw: You have the right to withdraw your data protection declaration of consent at any time. The withdrawal of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation;
  • Right to object: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you under Article 6 Para.(1) lit. (e) or (f) of the GDPR; this also applies to profiling based on these provisions:
    • The data controller no longer processes the personal data concerning you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims;
    • If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing;
    • If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes;
    • You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

 

 

Status: May 2019