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Privacy Policy

Privacy Policy pursuant to the GDPR

I. Name and Address of the Controller

The controller within the meaning of the General Data Protection Regulation and other national privacy laws of the member states as well as other data protection provisions is:

Consetto GmbH
An der Stadtkirche 6
64283 Darmstadt
Germany


E-Mail: kontakt@projektmarkt.com
Website: www.projektmarkt.com

II. Data Protection Officer

You can reach our data protection officer at datenschutz@projektmarkt.com or at our postal address with the addition “data protection officer”.

III. General Information Concerning Processing

1. Scope of the processing of personal data

We generally only process our users’ personal data if that is necessary to provide a functioning website as well as our content and services. Our users’ personal data is processed regularly only after the user has consented. Exceptions apply in such cases, in which previously obtaining consent is not possible for actual reasons and processing the data is permitted by statutory regulations.

2. Legal basis for processing of personal data

As far as we obtain consent from the data subject for processing procedures of personal data, point (a) of Article 6(1) EU – General Data Protection Regulation (GDPR) serves as legal basis.

During the processing of personal data necessary for the fulfillment of the agreement, to which the data subject is the contractual party, point (b) of Article 6(1) GDPR serves as legal basis. This also applies to processing procedures that are necessary for the implementation of precontractual measures.

As far as processing personal data is necessary for the fulfillment of legal obligations that our company is subject to point (c) of Article 6(1) GDPR serves as legal basis.

In the case that vital interests of the data subject, or another natural person, make processing personal data necessary, point (d) of Article 6(1) GDPR serves as 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 interest mentioned first, point (f) of Article 6(1) GDPR serves as a legal basis for processing.

3. Data erasure and duration of storage

The personal data of the data subject will be erased or made unavailable as soon as the purpose of storing ceases to apply. Further, storing can occur, when such storing was provided for by the European or national legislator in union law regulations, laws or other provisions that the controller is subject to. The data is also made unavailable or deleted when a storage deadline as named in norms lapses unless it is necessary to store the data for a conclusion of an agreement or a fulfillment of an agreement.

IV. Providing the Website and creating Logfiles

1. Description and scope of data processing

For every access of our website our system records data and information from the computer system of the accessing computer.

During this process, the following data is collected:

  • Information on the browser type and the version used
  • the user’s operating system
  • the user’s internet service provider
  • The user’s IP address
  • Date and time of the access
  • Websites, from which the user’s system accesses our website
  • Websites, that the user’s system opened from our website

The data is stored in our system’s logfiles. Saving these data with other personal data of the user does not occur.

2. Legal basis for data processing

The legal basis for the temporary storing of data and logfiles is point (f) of Article 6 (1) GDPR.

3. Purpose of data processing

The temporary storing of the IP address by the system is necessary to allow delivery of the website to the user’s computer. To do so, the user’s IP address has to be stored for the duration of the session.

Storing in logfiles occurs to ensure the functionality of the website. Further, the data serves the optimization of the website by us and to ensure the security of our IT-based systems. The data is not evaluated for marketing purposes in this context.

In this purpose lies our legitimate interest of data processing according to point (f) Article 6(1) GDPR.

4. Duration of storage

Data will be erased once they are no longer needed to fulfill the purpose of their collection. In the case of recording data to provide the website this is the case when the respective session has ended.

In the case of the storage of the logfile data this is the case after seven days at the latest. Further storage is possible. In this case the user’s IP addresses are deleted or distorted so that the accessing client can no longer be identified.

5. Option to object and erase

Recording data to provide the website and storing data in logfiles is strictly necessary to operate the website. Therefore, the user does not have the option to object.

V. Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored on the internet browser and/or by the internet browser on the user’s computer system. When a user accesses the website, a cookie can be stored on the user’s operating system. This cookie receives a characteristic string that allows the clear identification of the browser when the website is accessed again.

We use cookies to make our website more user friendly. Some elements of our website require the ability to identify the accessing browser even after a website change.

During this process, cookies transfer and store the following data:

  • Language settings

Furthermore, we use cookies on our website that allow analyzing the surfing behavior of our users.

This is how the following data can be transferred:

  • entered searched terms
  • how often a site was accessed
  • utilizing website functions

When the user accesses our website, they are informed of the use of cookies for analytical purposes and their consent to processing of personal data used in this connection is obtained. In this connection this privacy policy is also indicated.

b) Legal basis for data processing

The legal basis for the processing of personal data using cookies necessary for technical reasons is point (f) of Article 6(1) GDPR.

The legal basis for the processing of personal data using cookies for analytical purposes with the user’s consent in this regard is point (a) of Article 6(1) GDPR.

c) Purpose of data processing

The purpose of using cookies necessary for technical reasons is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized after a change of site.

The user data collected by cookies necessary for technical reasons is not used to create user profiles.

The use of the analytic cookies occurs for the purpose of improving the quality of our website and its content. Through analytic cookies we find out how the website is used and therefore can constantly optimize our offer.

For this purpose, our legitimate interest lies also lies in the processing of personal data according to point (f) of Article 6(1) GDPR.

d) Duration of storing, objection and erasure possibility

Cookies are saved to the user’s computer and from there are transferred to our site. Therefore, you as a user are fully in control over the use of cookies. By changing the settings in your internet browser you can deactivate or limit the transfer of cookies. Cookies already saved can be deleted at any time. This can also occur automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to the full extent.

VI. Registering

1. Description and scope of data processing

On our website we offer the possibility to register stating personal data. Therefore, the data are entered into an input mask and transferred to us and stored. The data is not transferred to third parties. The following data are collected within the framework of the registration process:

  • Name
  • Email address
  • Telephone number
  • Postal address

At the time of registering the following data are stored:

  • Date and time of the registration

Within the framework of the registration process the user’s consent for the processing of that data is obtained.

2. Legal basis for data processing

The legal basis for the processing of the data with the existence of consent of the user is point (a) of Article 6(1) GDPR.

If registering serves the fulfillment of an agreement to which the user is party or the implementation of precontractual measures, then the additional legal basis for the processing of data is point (b) of Article 6(1) GDPR.

3. Purpose of data processing

To fulfill an agreement with the user or to implement precontractual measures the user has to register.

4. Duration of storing

Data will be deleted as soon as they are no longer needed to fulfill the purpose of their collection.

This is the case for the fulfillment of the agreement during the registering process or for the implementation of precontractual measures if the data is no longer needed for the implementation of the agreement. The necessity to store personal data of the contractual partner can also arise after the agreement comes into effect to fulfill contractual or statutory obligations.

5. Option to object and erase

As a user you always have the option to cancel your registration. You can change the data stored about you at any time.

If data is necessary to fulfill your agreement or to implement precontractual measures, it is only possible to delete data prematurely as long as there are no contractual or statutory obligations objecting to deletion.

VII. Contact form and email-contact

1. Description and scope of data processing

A contact form exists on our website which can be used to contact us electronically. If the user chooses this possibility the data entered into the input mask are transmitted to and stored by us. Those data are:

  • Name
  • Email address
  • Telephone number
  • Text of the message

Additionally, at the time of transmitting the message the following data are stored:

  • Date and time of the registration

To process the data your consent within the framework of the transmission process your consent is obtained and you are informed of this privacy policy.

Alternatively, it is also possible to contact us via the provided email address. In this case the personal data of the user transmitted with the email are stored.

In this context no data is transferred to third parties. Data is solely used to process the conversation.

2. Legal basis for data processing

The legal basis for the processing of the data with the existence of consent of the user is point (a) of Article 6(1) GDPR.

The legal basis for the processing of the data that is transferred in the course of transmitting an email is point (f) of Article 6(1) GDPR. If the email contact is aimed at entering into an agreement the additional legal basis for the processing is point (b) of Article 6(1) GDPR.

3. Purpose of data processing

The Processing of personal data from the input mask only serves us to process contacting. Herein also lies, in the case of contacting via email, the necessary legitimate interest for data processing.

The additional personal data processed during the transmission process serve to prevent misuse of the contact form and ensure the security of our IT-based systems.

4. Duration of storing

Data will be erased once they are no longer needed to fulfill the purpose of their collection. For the personal data from the input mask of the contact form and those transmitted via email this is the case if the respective conversation with the user has ended. A conversation has ended when the circumstances allow the conclusion that the issue is conclusively resolved.

The personal data additionally collected during the transmission process will be deleted after a term of seven days at the latest.

5. Option to object and erase

At any time, the user has the option to revoke their consent to the processing of personal data. If the user contacts us via email, they can object to the storage of personal data at any time. In such a case the conversation cannot be continued.

All personal data that has been stored in the course of contacting will be erased in this case.

VIII. Rights of the data subject

The following list comprises all rights of data subjects pursuant to the GDPR. Rights that are not relevant for the own website do not have to be mentioned. Insofar the list can be shortened.

If your personal data is processed, you are a data subject within the meaning of the GDPR and are entitled to the following rights vis-à-vis the controller:

1. Right of access

You shall have the right to obtain confirmation from the controller as to whether or not personal data concerning you are being processed by us.

Where that is the case, you can obtain information on the following from the controller:

  1. the purposes of the processing of personal data;
  2. the categories of personal data concerned that are being processed;
  3. the recipients and/or categories of recipients to whom the personal data have been or will be disclosed;
  4. the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  6. the right to lodge a complaint with a supervisory authority;
  7. where the personal data are not collected from the data subject, any available information as to their source;
  8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and - at least in those cases - meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to obtain information whether personal data concerning you are transferred to a third country or to an international organization. In this context you can shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.

2. Right to rectification

You shall have the right to obtain from the controller without undue delay the rectification and/or completion of inaccurate or incomplete personal data concerning you. The controller has to immediately make the rectification.

3. Right to restriction of processing

You shall have the right to obtain from the controller restriction of processing your personal data where one of the following applies:

  1. the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
  2. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  3. the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims; or
  4. you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing of such personal data has been restricted shall - with the exception of storage - only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If a restriction of processing was obtained pursuant to the above-named prerequisites, you shall be informed by the controller before the restriction of processing is lifted.

4. Right to erasure

a) Obligation to erase

You shall have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  2. you withdraw consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) DSGVO, and where there is no other legal ground for the processing;
  3. you object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR;
  4. your personal data have been unlawfully processed;
  5. your personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
  6. your personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

b) Information to third parties

Where the controller has made the personal data public and is obliged pursuant to Article 17(1) GRPD to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exemptions

The right to erasure does not apply to the extent that processing is necessary:

  1. for exercising the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in paragraph a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  5. for the establishment, exercise or defense of legal claims.

5. Right to notification

If you asserted your right to rectification, erasure or limitation with the controller, they are obligated to inform all recipients to whom the personal data concerning you have been disclosed of those rectifications or erasures of the data or limitations of the processing, unless this proves impossible or involves disproportionate effort.

You shall have the right to be informed about those recipients by the controller.

6. Right to data portability

You shall have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. Furthermore, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  1. the processing is based on consent pursuant to point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR or on an agreement pursuant to point (b) of Article 6(1) GDPR; and
  2. the processing is carried out by automated means.

In exercising this right to data portability pursuant to paragraph 1, you shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This right shall not adversely affect the rights and freedoms of others.

That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right to object

You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

8. Right to withdraw consent from the declaration of consent

You shall have the right to withdraw your declaration of consent at any time. The legitimacy of processing that occurred due to the consent until the withdrawal of consent will remain unaffected by the withdrawal.

9. Automated individual decision-making, including profiling

You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision:

  1. is necessary for entering into, or performance of, an agreement between the data subject and a data controller;
  2. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
  3. is based on the data subject’s explicit consent.

Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1) GDPR, unless point (a) or (g) of Article 9(2) GDPR applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

In the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.