With the following data protection declaration, we would like to inform you about the types of your personal data (hereinafter also referred to as “data”) that we process and the purposes and extent of processing. The data protection declaration applies to all processing of personal data carried out by us, both in the context of the provision of our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as our “online offering”).
Impersonal, non-gender-specific pronouns and terminology are used.
As of: 07 September 2023
rheingold GmbH und Co. KG
Kaiser-Wilhelm-Ring 46
50672 Cologne
Authorized representatives:
Stephan Grünewald, Hans-Joachim Karopka, Stephan Urlings
E-mail address: rheingold@rheingold-online.de
Phone: +49 (0) 221 912 777-0
Imprint: https://www.rheingold-marktforschung.de/impressum/
eMGe-DaTa Data Protection with System
Michaela Genderka
Blumenstraße 13
47918 Tönisvorst
+49 (0) 2151 94 22 060
m.genderka@emge-data.de
The following overview summarises the types of data processed and the purposes of their processing, and indicates the data subjects.
Below, you will find an overview of the legal principles of the GDPR on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our own country of residence or domicile. Should more specific legal foundations be relevant in individual cases, we will inform you of these in the data protection declaration.
In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act - BDSG). In particular, the BDSG contains special provisions on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes and transmission, as well as automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for the purposes of an employment relationship (section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and employee consent. In addition to this, the data protection laws of the individual Federal States may apply.
We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data, as well as access, input, transfer, assurance of data availability and data segregation. Furthermore, we have established procedures to ensure the exercise of data subject rights, the deletion of data and responses to any event compromising the data. We already take the protection of personal data into account during the development or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
TLS encryption (https): In order to protect your data transmitted via our online offering, we use TLS encryption. You can recognise such encrypted connections by the prefix https:// in the address bar of your browser.
In the course of our processing of personal data, the data may be transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude contracts reflecting this or agreements that serve to protect your data held by the recipients of your data.
Data transfer within the organisation: We may transfer or provide access to personal data to other entities within our organisation. Insofar as this disclosure is for administrative purposes, the disclosure of the data is based on our legitimate corporate and business interests or takes place insofar as it is necessary for the fulfilment of our contractual obligations, if the data subjects have given consent or there is legal justification.
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this is only done in accordance with the legal requirements.
Subject to express consent or contractually or legally required transfer, we only process or allow data to be processed in third countries with a recognised level of data protection, a contractual obligation established through the so-called “standard data protection clauses” of the EU Commission, or where there exist certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).
The data processed by us will be deleted in accordance with the legal requirements as soon as the consent permitting processing is revoked or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply or it is not required for the purpose). If the data are not deleted because they are required for other legally permissible purposes, their processing will be limited to these purposes. That is, the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person.
As part of our privacy notice, we may provide users with additional information on the deletion and retention of data that is specific to the processing operation in question.
Cookies are small text files, or other small notes, which store and read information on end devices. For example, they may store the login status in a user account, the contents of a shopping basket in an e-shop, the content accessed or the functions used in an online offering. Cookies can also be used for various purposes, e.g. to ensure the functionality, security and comfort of online offerings and the creation of analyses of visitor flows.
Notes on consent: We use cookies in accordance with the legal requirements. We therefore obtain prior consent from users, except where this is not required by law. In particular, consent is not necessary if the storage and recall of information, including cookies, is absolutely necessary in order to provide the user with a telemedia service expressly requested by the user (i.e. our online offering). The revocable consent is clearly communicated to users and contains the information on the respective cookie use.
Information on the legal basis of data protection: The legal basis under data protection law on which we process users’ personal data using cookies depends on whether we ask users for consent. If users consent, the legal basis for the processing of their data is their declared consent. Otherwise, the data processed with the aid of cookies will be processed on the basis of our legitimate interest (e.g. in the business management of our online offering and improvement of its usability) or, if this is done in the context of the fulfilment of contractual obligations, if the use of cookies is necessary to do so. We explain the purposes for which we process cookies in the course of this data protection declaration or as part of our consent and processing procedures.
Duration of storage: With regard to the storage period, the following types of cookies are distinguished:
General information on revocation and objection (opt-out): Users can revoke the consent they have given at any time and also lodge an objection to processing in accordance with the legal requirements under Art. 21 GDPR. Users can also declare their objection via their browser settings, e.g. by deactivating the use of cookies (although this may also limit the functionality of our online services). An objection to the use of cookies for online marketing purposes can also be made via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.
Further guidance on processing operations, procedures and services:
We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) in the context of contractual and comparable legal relationships and related measures and in the context of communication with contractual (or pre-contractual) partners, say, in order to answer enquiries.
We process this data to fulfil our contractual obligations. This includes, in particular, the obligations to provide the agreed services, carry out updates or offer remedies in the event of any disruptions to warranties or other performance. In addition, we process the data to safeguard our rights and for the purposes of the administrative tasks associated with these duties and company organisation. Furthermore, we process the data on the basis of our legitimate interest in proper and business management as well as to provide security measures to protect our contractual partners and our business operations from the misuse and endangerment of data, secrets, information and rights (e.g. to involve telecommunications, transport and other auxiliary services, alongside subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the framework of applicable law, we only pass on the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations. The contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the framework of this data protection declaration.
We inform the contractual partners of the data required for the above-mentioned purposes before or in the course of data collection, e.g. in online forms, by means of special labelling (e.g. colours) or symbols (e.g. asterisks or similar), or in person.
We delete the data after the expiry of legal warranty obligations or similar, i.e., in principle after 4 years, unless the data is stored in a customer account, where, for example, it must be kept for legal archiving reasons. The statutory retention period for documents relevant under tax law, commercial books, inventories, opening balances, annual financial statements, the instructions required to understand these documents and other organisational documents and accounting vouchers is ten years; for commercial and business letters received and reproductions of commercial and business letters sent, six years. The period shall begin at the end of the calendar year in which the last entry was made in the book; in which the inventory, opening balance sheet, annual accounts or management report was drawn up; in which the commercial or business letter was received or dispatched; in which the accounting voucher was created; in which the record was made or other document created.
Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Further guidance on processing operations, procedures and services:
We process user data in order to provide them with our online services. For this purpose, we process the user’s IP address, which is necessary to transmit the content and functions of our online services to the user’s browser or terminal device.
Further guidance on processing operations, procedures and services:
When contacting us (e.g. by contact form, email, telephone or via social media) as well as in the context of existing user and business relationships, the information of the inquiring persons is processed insofar as this is necessary to answer the contact enquiries and carry out any requested measures.
Further guidance on processing operations, procedures and services:
We use platforms and applications of other providers (hereinafter referred to as "conference platforms") for the purpose of conducting video and audio conferences, webinars and other types of video and audio meetings (hereinafter collectively referred to as "conference"). When selecting the conference platforms and their services, we observe the legal requirements.
Data processed through conference platforms: In the context of participation in a conference, the conference platforms process the personal data of the participants mentioned below. The scope of the processing depends, firstly, on which data is requested in the context of a specific conference (e.g. access data or real names) and secondly, on which optional information is provided by the participants. In addition to processing for the purpose of running the conference, participants’ data may also be processed by the conference platforms for security purposes or service optimisation. The data processed includes personal data (first name, surname), contact information (email address, telephone number), access data (access codes or passwords), profile pictures, information on professional position/function, the IP address from which internet access is made, information on the participants’ terminal devices, their operating system, the browser and its technical and language settings, information on the content of communication processes, i.e. entries in chats, audio and video data, use of other available functions (e.g. surveys). The contents of the communications are encrypted to the extent technically provided by the conference providers. If participants are registered as users with the conference platforms, then further data may be processed according to the agreement with the respective conference provider.
Logging and recordings: If text entries, participation results (e.g. from surveys) and video or audio recordings are logged, this will be transparently communicated to the participants in advance and they will be asked for consent, if necessary.
Data protection measures by the participants: Please note the details of the processing of your data by the conference platforms in their data protection notices and select the optimum security and data protection settings for you within the framework of the settings of the conference platforms. Furthermore, please ensure data and privacy protection in the background of your recording for the duration of a videoconference (e.g. by notifying roommates, locking doors and using the background obscuring function, if technically possible). Links to the conference rooms and access data may not be passed on to unauthorised third parties.
Notes on legal bases: If, in addition to the conference platforms, we also process users’ data and ask users for their consent to use the conference platforms or certain functions (e.g. consent to a recording of conferences), the legal basis of the processing is this consent. Furthermore, our processing may be necessary for the fulfilment of our contractual obligations (e.g. in lists of participants, in the case of processing of interview results, etc.). In addition, user data is processed on the basis of our legitimate interest in efficient and secure communication with our communication partners.
Further guidance on processing operations, procedures and services:
The application process requires applicants to provide us with the data necessary for their assessment and selection. The information required can be found in the job description or, in the case of online forms, in the information provided there.
In principle, the required disclosure includes personal information such as the applicant’s name, address, a means of contact and evidence of the qualifications required for a job. Upon request, we will be happy to provide additional information about which details are required.
Where available, applicants may submit their applications to us using an online form. The data is encrypted for transmission to us according to the state of the art. Applicants can also send us their applications by email. Please note, however, that emails on the internet are generally not sent in encrypted form. As a rule, emails are encrypted in transit, but not on the servers from which they are sent and received. We can therefore accept no responsibility for the transmission path of the application between the sender and its receipt on our server.
For the purposes of applicant searches, submission of applications and selection of applicants, we may use applicant management or recruitment software and platforms and services from third party providers in compliance with the legal requirements.
Applicants are welcome to contact us regarding the method of submission of the application or to send us the application by post.
Processing of special categories of data: To the extent that special categories of personal data within the meaning of Art. 9 para. 1 GDPR (e.g. health data, such as severely disabled status or ethnic origin) are requested from applicants so that the controller or the data subject can carry out their obligations and exercise specific rights in the field of employment and social security and social protection law, their processing takes place under Art. 9 para. 2 b) GDPR; if in order to protect the vital interests of applicants or other persons, under Art. 9 para. 2 c) GDPR; if for purposes of preventive or occupational medicine, to assess the working capacity of employees, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services, under Art. 9 para. 2 h) GDPR. In the case of specified categories of data transferred based on voluntary consent, their processing is based on Art. 9 para. 2 a) GDPR.
Deletion of data: The data provided by applicants may be further processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a vacancy is not successful, the applicants’ data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time. Deletion takes place subject to a justified revocation by the applicant at the latest after the expiry of a period of six months allowing us to answer any follow-up questions about the application and meet our obligations to provide evidence under the regulations on the equal treatment of applicants. Invoices for any reimbursement of travel expenses are archived in accordance with tax law requirements.
Inclusion in an applicant pool: Inclusion in an applicant pool, if offered, is based on consent. Applicants are informed that their consent to be included in the talent pool is voluntary and has no influence on the current application process, and that they can revoke their consent at any time with future effect.
We use software services accessible via the Internet and running on the servers of their providers (so-called “cloud services”, also referred to as “software as a service”) for the storage and management of content (e.g. document storage and management; exchange of documents, content and information with specific recipients; publication of content and information).
In this context, personal data may be processed and stored on the servers of the providers insofar as these are part of communication processes with us or are otherwise processed by us as set out in the context of this data protection declaration. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their contents. The providers of the cloud services also process usage data and metadata, which are used by them for security purposes and for service optimisation.
If we use the cloud services to provide forms or similar documents and content to other users or publicly accessible websites, the providers may store cookies on users’ devices for the purposes of web analytics or to remember users’ settings (e.g. for media control).
Further guidance on processing operations, procedures and services:
We send newsletters, emails and other electronic notifications (hereinafter “newsletters”) only with the consent of the recipients or with legal permission. Insofar as the contents of the newsletter are specifically described in the course of registration, they are decisive for the consent of the user. Furthermore, our newsletters contain information about our services and ourselves.
To subscribe to our newsletters, it is generally sufficient for you to enter your email address. However, we may ask you to provide a name, for the purpose of personal address in the newsletter, or further details, provided that these are relevant for the purposes of the newsletter.
Double opt-in procedure: Registration for our newsletter is always carried out in a so-called double opt-in procedure. This means you will receive an email after registration asking you to confirm your registration. This confirmation is necessary so that no one can register using other people’s email addresses. Subscriptions to the newsletter are logged in order to be able to provide proofs of the subscription process in accordance with legal requirements. This includes the storage of the login and confirmation time as well as the IP address. Also logged are changes to your data stored with the distribution service provider.
Erasure and restriction of processing: We may store unsubscribed email addresses for up to three years before deleting them, based on our legitimate interest in proving that consent was previously given. The processing of this data is limited to the purpose of a possible defence against legal claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time. If an obligation arises to lastingly observe an objection, we reserve the right to store the email address in a block list (so-called “block list”) for this purpose alone.
Logging of the registration process is based on our justified interest in documenting the proper procedures used. If we commission a service provider to send emails, this is done on the basis of our legitimate interest in an efficient and secure sending system.
Content:
Information about us, our services, promotions and offers.
Further guidance on processing operations, procedures and services:
Web analytics (also referred to as “reach measurement”) is used to evaluate the flow of visitors to our online offering and may include behaviour, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of reach analysis, we can, for example, recognise at which time our online offering or its functions or content are used most often, and invite reuse as appropriate. Likewise, we can understand which areas need optimisation.
In addition to web analysis, we may also use test procedures, e.g. to test and optimise different versions of our online offering or its components.
Unless otherwise stated below, profiles, i.e. data summarised for a usage process, may be created for these purposes and information may be stored in a browser or in a terminal device and read from it. The information collected includes, in particular, websites visited and elements used there as well as technical information such as the browser used, the computer system used and information on usage times. If users have agreed to the collection of their location data from us or from the providers of the services we use, location data may also be processed.
The IP addresses of the users are also stored. However, we use an IP masking procedure (i.e., pseudonymisation by truncating the IP address) to protect users. In general, no clear user data (such as email addresses or names) is stored in the context of web analysis, A/B testing and optimisation; instead, pseudonyms are used. This means that we and the providers of the software used do not know the actual identity of the users, but only the information stored in their profiles for the purpose of the respective procedures.
Further guidance on processing operations, procedures and services:
We process personal data for online marketing purposes, which may include, in particular, marketing advertising space or displaying promotional and other content (collectively, “content”) based on users’ potential interests and measuring its effectiveness.
For these purposes, so-called “user profiles” can be created and stored in a file (a so-called “cookie”), or similar procedures used, by means of which the information on the user relevant to the presentation of the aforementioned content is stored. This information may include, for example, content viewed, websites visited, online networks used, communication partners, technical information such as the browser or computer system used and information on usage times and functions used. If users have consented to the collection of their location data, this can also be processed.
The IP addresses of the users are also stored. However, we use IP masking procedures (i.e., pseudonymisation by shortening the IP address) to protect users. In general, no clear user data (such as email addresses or names) is stored as part of the online marketing process; rather, pseudonyms are used. This means that neither we, nor the providers of the online marketing procedures, know the actual identity of the users, but only the information stored in their profiles.
The information in the profiles is usually stored in the cookies or by means of similar procedures. These cookies can generally be read later on other websites that use the same online marketing procedure, analysed for the purpose of displaying content, supplemented with further data and stored on the server of the online marketing procedure provider.
Exceptionally, plain data may be assigned to the profiles. This is the case if users are, for example, members of a social network whose online marketing procedures we use and the network links the users’ profiles to the aforementioned information. We ask you to note that users can make additional agreements with the providers, e.g. by giving their consent as part of the registration process.
In principle, we only receive access to collated information about the success of our advertisements. However, in the context of so-called “conversion tracking”, we can check which of our online marketing procedures have led to a so-called conversion, i.e., for example, to a contract being concluded with us. Conversion tracking is used solely to analyse the success of our marketing measures.
Unless otherwise stated, we ask you to assume that cookies used will be stored for a period of two years.
Further guidance on processing operations, procedures and services:
We maintain online presences within social networks and process user data in this context in order to communicate with users active there, or to offer information about us.
We would like to point out that user data may be processed outside the European Union. This can result in risks to users because, for example, it could make it more difficult to enforce users’ rights.
Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on the usage behaviour and derived interests of the users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that are assumed to correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, within which the usage behaviour and interests of the users are stored. Furthermore, these usage profiles may also include data independent of the devices used by users (especially if the users are members of the respective platforms and are logged in to them).
For a detailed presentation of the respective forms of processing and the options to object (opt out), we refer to the data protection declarations and information provided by the operators of the respective networks.
In the case of requests for information and the assertion of data subject rights too, we point out that these can be made most effectively towards the providers. Only the providers have access to the users’ data and can directly take appropriate measures and provide information. If you still need help, you can contact us.
Further guidance on processing operations, procedures and services:
Into our online offering, we integrate functional and content elements that are drawn from the servers of their respective providers (hereinafter referred to as “third-party providers”). This may include, for example, graphics, videos or city maps (hereinafter uniformly referred to as “content”).
The integration always requires that the third-party providers of this content process the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is thus required for the display of this content or function. We endeavour only to use content whose providers solely use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to analyse information such as visitor traffic on the pages of this website. This pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering; it may also be linked to such information from other sources.
Further guidance on processing operations, procedures and services:
We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
Where we provide addresses and contact details of companies and organisations in this privacy statement, please note that the addresses may change over time and please check the details before contacting us.
As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:
Supervisory authority responsible for us:
Die Landesbeauftragte für den Datenschutz
North Rhine-Westphalia
Kavalleriestraße 2-4
40213 Düsseldorf
Tel.: 0211 384240
poststelle@ldi.nrw.de
This section provides you with an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and defined above all in Art. 4 GDPR. These legal definitions are binding. The following explanations, on the other hand, are primarily intended to aid understanding. The terms are sorted alphabetically.
