We are very pleased about your interest in our company. The management of EQTing GmbH is particularly committed to data protection. The EQTing GmbH website can be used without providing any personal data. If an individual would like to take advantage of special services offered by our company via our website, however, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the person involved.
EQTing GmbH, as the responsible party for processing, has implemented numerous technical and organizational measures to ensure that the personal data processed via this website is protected to the fullest extent possible. Nevertheless, Internet-based data transmissions may have security gaps, so that absolute protection cannot be guaranteed. For this reason, every interested party is free to transmit personal data to us by alternative means, for example by telephone.
The EQTing GmbH data protection declaration is based on the terms used by the European Directive and Regulation Authorities when the Basic Data Protection Regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
- a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter “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 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 means any identified or identifiable natural person whose personal data are processed by the controller.
- c) Processing
Processing is any operation or set of operations, carried out with or without the aid of computerized means, relating to personal data, such as collection, recording, organization, sorting, 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 restricting their future processing.
- e) Profiling
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the job performance, economic situation, health, personal preferences, interests, reliability, patterns of behaviour, location or change of location of that natural person.
- f) 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, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data is not assigned to an identified or identifiable natural person.
- g) Controller or data controller
Controller or data controller is the natural or legal person, public authority, agency or any 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 law or by the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or by the law of the Member States.
- h) Order Processor
Order Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
- i) Recipient
The recipient is a natural or legal person, authority, institution or other body to whom personal data is disclosed, whether or not it is a third party. However, public authorities which may receive personal data in the course of a specific investigation mandate under Union or national law shall not be considered as recipients.
- j) Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
- k) Consent
Consent is any freely given, informed and unambiguous expression of will by the data subject in a specific case, in the form of a declaration or other unambiguous affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
- Name and address of the responsible person
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is
Tel.: +49 (40) 2199 7345
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the internet browser used, it is possible that not all functions of our website can be fully used.
- Collection of general data and information
The EQTing GmbH website collects a range of general data and information every time a data subject or automated system accesses the website. This general data and information is stored in the log files of the server. The following can be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the Internet site, (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 to prevent danger in the event of attacks on our information technology systems.
When using this general data and information, EQTing GmbH does not draw any conclusions about the person concerned. Rather, this information is required in order to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated by EQTing GmbH both statistically and with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
4b. Passing on of personal data
For the payment processing of the sales contracts concluded between the parties PayPal needs some information, like your name or address. PayPal receives these data from us or they are entered by you in a special input mask. In principle, the customer data transmitted to PayPal corresponds to the data that you entered during the ordering process.
PayPal transmits your data to credit agencies in order to obtain a credit report for the assessment of the liability risk. You can find more information here: http://www.paypal.de/agb. You will find a detailed description of the passing on of data to third parties in the data protection declarations.
4c. Using the YouTube plugin
We provide a plugin from YouTube, belonging to Google Inc. located in San Bruno/California, USA. As soon as you view a YouTube video on our website, a connection to the YouTube servers is established. This tells the YouTube server from which of our websites the video was called up by you. If you are logged in with a YouTube account, you will be able to assign your surfing behavior directly to your personal profile. If you do not want this, please log out of YouTube. Further information on the collection and use of your data by YouTube is available at www.youtube.com.
4d. Use of Web Fonts
Google Fonts are used as external fonts on these Internet pages. These fonts are a service of Google Inc. (“Google”). When you visit this website, these fonts are retrieved by Google’s servers, which in turn tell Google which pages you have visited. Google may also store the IP address of your terminal device and the identification of your browser. You will find more information in the Google data protection information, which you can download here:
- Registration on our website
The data subject has the possibility to register on the website of the data controller by providing personal data. The personal data transmitted to the data controller is determined by the input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the data controller and for his own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel service provider, who shall also use the personal data exclusively for internal use attributable to the data controller.
By registering on the Internet site of the data controller, the IP address assigned to the data subject by the internet service provider (ISP), the date and time of registration are also stored. This data is stored with the aim of preventing the misuse of our services and, if necessary, to enable the investigation of criminal offences. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution.
The registration of the data subject with voluntary provision of personal data serves the purpose of the data controller to provide the data subject with content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller.
The data controller shall, upon request, provide any data subject at any time with information as to which personal data relating to the data subject have been stored. In addition, the data controller shall correct or delete personal data at the request or notification of the data subject, provided that this does not conflict with any statutory storage obligations. A data protection officer named in this data protection declaration and all employees of the data controller are available to the data subject as contact persons in this connection.
- Subscription to our Newsletters
On the EQTing GmbH website, users are given the opportunity to subscribe to our company’s newsletter. The input mask used for this purpose indicates which personal data is transferred to the person responsible for processing when ordering the newsletter.
EQTing GmbH regularly informs its customers and business partners about company offers by means of a newsletter. The newsletter of our company can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers to receive the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address registered for the first time by a person concerned for the purpose of receiving the newsletter using the double opt-in procedure. This confirmation mail is used to check whether the owner of the e-mail address has authorized the receipt of the newsletter as the person concerned.
Bei der Anmeldung zum Newsletter speichern wir ferner die vom Internet-Service-Provider (ISP) vergebene IP-Adresse des von der betroffenen Person zum Zeitpunkt der Anmeldung verwendeten Computersystems sowie das Datum und die Uhrzeit der Anmeldung. Die Erhebung dieser Daten ist erforderlich, um den(möglichen) Missbrauch der E-Mail-Adresse einer betroffenen Person zu einem späteren Zeitpunkt nachvollziehen zu können und dient deshalb der rechtlichen Absicherung des für die Verarbeitung Verantwortlichen.
The personal data collected during registration for the newsletter will be used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as might be the case if there are changes to the newsletter offer or if technical conditions change. The personal data collected within the context of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be withdrawn at any time. For the purpose of withdrawing consent, a corresponding link is included in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller in another way.
The EQTing GmbH newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, EQTing GmbH can identify whether and when an e-mail was opened by a person concerned and which links in the e-mail were called up by the person concerned.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Affected persons are entitled to withdraw their separate declaration of consent submitted via the double opted-in procedure at any time. After withdrawal, these personal data will be deleted by the data controller. EQTing GmbH automatically interprets a cancellation of receipt of the newsletter as a withdrawal.
- Contact possibility via our website
Due to legal requirements, the EQTing GmbH website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller are stored for the purposes of processing or contacting the data subject. This personal data is not forwarded to third parties.
- Comment function in the blog on the website
EQTing GmbH offers users the opportunity to leave individual comments on individual blog posts on a blog located on the website of the data controller. A blog is a portal on a website, usually open to the public, where one or more people, called bloggers or web-bloggers, can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented by third parties.
If a person concerned leaves a comment in the blog published on this website, in addition to the comments left by the person concerned, information on the time of the comment entry as well as the user name (pseudonym) chosen by the person concerned will be stored and published. Furthermore, the IP address assigned to the person concerned by the Internet Service Provider (ISP) is also logged. This storage of the IP address is done for security reasons and in the event that the person concerned violates the rights of third parties or posts illegal content through a comment submitted. The storage of this personal data is therefore in the own interest of the person responsible for the processing, so that he/she could be exculpated in case of a violation of the law. The personal data collected will not be passed on to third parties, unless such a transfer is required by law or serves the legal defense of the person responsible for processing.
- Subscription to comments in the blog on the website
Comments posted on the EQTing GmbH blog may be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to the comments following his or her comment on a specific blog post.
If a data subject chooses the option of subscribing to comments, the data controller sends an automatic confirmation e-mail to verify in a double opted-in procedure whether the owner of the e-mail address provided has actually chosen this option. The option to subscribe to comments can be cancelled at any time.
- Routine deletion and blocking of personal data
The data controller processes and stores personal data of the data subject only for the time necessary to achieve the purpose of storage or if this is provided for by the European Directive and Regulation Authorities or any other legislator in laws or regulations to which the data controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the law.
- Rights of the data subject
- a) Right to confirmation
Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact our Data Protection Officer or any other employee of the data controller.
- b) Right to information
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Authorities, to obtain at any time and free of charge from the data controller information about the personal data stored about him/her and a copy of this information. Furthermore, the European Directive and Regulation Authorities have granted the data subject access to the following information:
- the processing purposes
- the categories of personal data processed
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organizations
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- the existence of a right of correction or deletion of personal data concerning him or her or of a right to have the processing limited by the controller or to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
Furthermore, the data subject has the right of information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate guarantees relating to the transfer.
If a data subject wishes to claim this right of access, he or she can contact our data protection officer or another employee of the data controller at any time.
- c) Right of rectification
Every person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the immediate rectification of incorrect personal data concerning him. Furthermore, the data subject has the right to request the completion of incomplete personal data, also by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact our data protection officer or another member of the staff of the data controller.
- d) Right to deletion (Recht auf Vergessen werden)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of the personal data concerning him/her, if one of the following reasons applies and if the processing is not necessary:
- The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject withdraws his or her consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO, and there is no other legal basis for the processing.
- The data subject lodges an objection to the processing pursuant to Article 21(1) of the DPA and there are no justified reasons for processing that take precedence, or the data subject lodges an objection to the processing pursuant to Article 21(2) of the DPA.
- The personal data were processed unlawfully.
- The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 DS-GVO.
If any of the above reasons apply and a data subject wishes to have personal data stored by EQTing GmbH deleted, he or she may contact our data protection officer or another employee of the data controller at any time. The data protection officer of EQTing GmbH or another employee will ensure that the request for deletion is complied with immediately.
If the personal data has been made public by EQTing GmbH and our company, as the data controller, is obliged to delete the personal data in accordance with Article 17(1) of the DS Block Exemption Regulation, EQTing GmbH will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The data protection officer of EQTing GmbH or another member of staff will take the necessary steps in individual cases.
- e) Right to limit processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to limit the processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period of time that allows the data controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
- The data subject has filed an objection to the processing in accordance with Art. 21 (1) DS-GVO and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by EQTing GmbH, he or she may contact our data protection officer or another employee of the data controller at any time. The data protection officer of EQTing GmbH or another employee will arrange for the restriction of processing.
- f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her, which have been provided by the data subject to a data controller, in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6 paragraph 1 letter a DPA or Art. 9 paragraph 2 letter a DPA or on a contract pursuant to Art. 6 paragraph 1 letter b DPA and that the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In addition, when exercising their right to data transfer in accordance with Art. 20 Paragraph 1 of the DPA, the data subject has the right to obtain that personal data be transferred directly from one person responsible to another, insofar as this is technically achievable and provided that this does not affect the rights and freedoms of other persons.
In order to enforce the right to data transfer, the person concerned can contact the data protection officer appointed by EQTing GmbH or another employee at any time.
- g) Right of objection
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Art. 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, EQTing GmbH will no longer process the personal data unless we can demonstrate compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If EQTing GmbH processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is connected with such direct marketing. If the data subject objects to EQTing GmbH processing for direct marketing purposes, EQTing GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her which is carried out at EQTing GmbH for the purposes of scientific or historical research or for statistical purposes in accordance with Art. 89 (1) DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact the EQTing GmbH data protection officer or another employee directly. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, regardless of Directive 2002/58/EC, using automated procedures involving technical specifications.
- h) Automated decisions in individual cases including profiling
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, not to be subject to a decision based exclusively on automated processing – including profiling – which produces legal effects in relation to him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is made with the explicit consent of the data subject, EQTing GmbH will take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the data controller, to present its own point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact our Data Protection Officer or any other employee of the data controller.
- i) Right to withdraw a data protection consent
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation Authorities to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact our data protection officer or another employee of the data controller.
- Data protection for applications and the application process
The data controller collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is particularly the case if an applicant submits relevant application documents to the data controller electronically, for example by e-mail or via a web form on the website. If the data controller concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, unless deletion is contrary to any other legitimate interests of the data controller. Other legitimate interests in this sense include, for example, a duty of proof in proceedings under the General Equal Treatment Act (AGG).
- Legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company was injured and his name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (Recital 47 Sentence 2 DS-GVO).
- Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
- Duration for which the personal data is stored
The criterion for the duration of storage of personal data is the respective legal time period for retention. After this period has expired, the corresponding data is routinely deleted if it is no longer required for the fulfillment or initiation of a contract.
- Legal or contractual regulations for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, he or she must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis 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 what the consequences would be if the personal data were not provided.
- Existence of an automated decision making process
As a responsible company, we avoid automatic decision making or profiling.