humboldt capture logo

Data Privacy

1. introduction

With the following information, we would like to give you as a “data subject” an overview of the processing of your personal data by us and your rights under data protection laws. In principle, it is possible to use our website without entering personal data. However, if you want to use special services of our enterprise via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.

The processing of personal data, such as your name, address, or e-mail address, is always in line with the German Data Protection Regulation (DS-GVO) and in accordance with the country-specific data protection regulations applicable to Humboldt Capture B.V.. By means of this privacy policy, we would like to inform you about the scope and purpose of the personal data collected, used and processed by us.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, you are also free to transmit personal data to us by alternative means, for example by telephone or by mail.

You too can take simple and easy-to-implement measures to protect yourself against unauthorized access to your data by third parties. Therefore, we would like to provide you with some tips on how to handle your data securely:

  • Protect your account (login, user or customer account) and your IT system (computer, laptop, tablet or mobile device) with strong passwords.
  • Only you should have access to the passwords.
  • Make sure that you always use your passwords for one account only (login, user or customer account).
  • Do not use one password for different websites, applications, or online services.
  • Particularly when using publicly accessible IT systems or IT systems shared with other people, it is essential that you log out after each log-in to a website, application or online service.

Passwords should consist of at least 12 characters and be chosen so that they cannot be easily guessed. Therefore, they should not contain common words from everyday life, your own name or names of relatives, but upper and lower case, numbers and special characters.

2. person in charge

The responsible person in the sense of the DS-GVO is the:

Humboldt Capture B.V. Evert van de Beekstraat 354, 1118 CZ Amsterdam

E-Mail: post@humboldtcapture.com

Representative of the person responsible: Jens-Peter Schulz

3. data protection officer

No obligation to designate

4. definitions

The data protection declaration is based on the terms used by the European Directive and Ordinance when adopting the General Data Protection Regulation (DS-GVO). 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.

We use the following terms, among others, in this Privacy Policy:

  1. personal data

Personal data is any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  1. person concerned

Data subject is any identified or identifiable natural person whose personal data are processed by the controller (our company).

  1. processing

Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  1. restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

  1. profiling

Profiling is any type of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to that natural person’s job performance, economic situation, health, personal preferences, interests, reliability, behavior, location or change of location.

  1. pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separate and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

  1. order processor

Processor means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the Controller.

  1. receiver

A recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.

  1. third

Third party means a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

  1. consent

Consent is any expression of will in the form of a declaration or other unambiguous affirmative action made voluntarily by the data subject for the specific case in an informed manner and in an unambiguous manner, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

5. legal basis of the processing

Art. 6 para. 1 lit. a) DS-GVO (in conjunction with § 25 para. 1 TTDSG) serves our company as the legal basis for processing operations in 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 you are a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Article 6 (1) (b) DS-GVO. The same applies to such processing operations that 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 by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 para. 1 lit. c) DS-GVO.

In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 para. 1 lit. d) DS-GVO.

Ultimately, processing operations could be based on Art. 6 (1) f) DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47 sentence 2 DS-GVO).

Our offer is basically directed at adults. Persons under 16 years of age may not transmit any personal data to us without the consent of their parents or legal guardians. We do not request personal data from children and young people, do not collect them and do not pass them on to third parties.

6. transmission of data to third parties

Your personal data will not be transferred to third parties for purposes other than those listed below.

We will only share your personal information with third parties if:

  1. you have given us your express consent to do so in accordance with Art. 6 (1) a) DS-GVO,
  2. the disclosure is permissible in accordance with Art. 6 (1) f) DS-GVO to protect our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
  3. in the event that a legal obligation exists for the disclosure pursuant to Art. 6 (1) c) DS-GVO, as well as
  4. this is legally permissible and necessary according to Art. 6 para. 1 lit. b) DS-GVO for the processing of contractual relationships with you.

In order to protect your data and to allow us to transfer data to third countries (outside the EU/EEA) if necessary, we have concluded commissioned processing agreements based on the standard contractual clauses of the European Commission. If the standard contractual clauses are not sufficient to establish an adequate level of security, your consent pursuant to Art. 49 (1) a) DS-GVO may serve as the legal basis for the transfer to third countries. This sometimes does not apply in the case of a data transfer to third countries for which the European Commission has issued an adequacy decision pursuant to Art. 45 DS-GVO.

7. technology

7.1 SSL/TLS encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator. You can recognize an encrypted connection by the fact that there is a “https://” instead of a “http://” in the address line of the browser and by the lock symbol in your browser line.

We use this technology to protect your transmitted data.

7.2 Data collection when visiting the website

During the merely informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect such data that your browser transmits to our server (in so-called “server log files”). Our website collects a series of general data and information with each call of a page by you or an automated system. This general data and information is stored in the server log files. The following can be recorded

  1. browser types and versions used,
  2. the operating system used by the accessing system,
  3. the website from which an accessing system arrives at 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 website,
  6. an abbreviated Internet Protocol address (anonymized IP address) as well as,
  7. the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. This information is rather required in order to

  1. to deliver the contents of our website correctly,
  2. to optimize the content of our website and the advertising for it,
  3. to ensure the permanent operability of our IT systems and the technology of our website, and
  4. to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack.

Therefore, the data and information collected will be evaluated by us, on the one hand, statistically and, on the other hand, with the aim of increasing the data protection and data security of our enterprise so as to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.

The legal basis for data processing is Art. 6 para. 1 lit. f) DS-GVO. Our legitimate interest follows from the purposes for data collection listed above.

7.3 Hosting by IONOS

We host our website at IONOS SE, Elgendorfer Str. 57, 56410 Montabaur (hereinafter referred to as IONOS).

When you visit our website, your personal data (e.g. IP addresses in log files) are processed on IONOS servers.

The use of IONOS is based on Art. 6 para. 1 lit. f) DS-GVO. We have a legitimate interest in the most reliable presentation and provision as well as security of our website.

We have concluded a contract for commissioned processing (AVV) pursuant to Art. 28 DS-GVO with IONOS. This is a contract required by data protection law, which ensures that IONOS only processes the personal data of our website visitors in accordance with our instructions and in compliance with the DS-GVO.

For more information on IONOS privacy policies, please visit: https://www.ionos.de/terms-gtc/terms-privacy

8. cookies

8.1 General information about cookies

Cookies are small files that are automatically created by your browser and stored on your IT system (laptop, tablet, smartphone or similar) when you visit our site.

Information is stored in the cookie that results in each case from the context of the specific end device used. However, this does not mean that we gain direct knowledge of your identity.

The use of cookies serves to make the use of our offer more pleasant for you. We use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a certain fixed period of time. If you visit our site again to use our services, it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate our offer for you for the purpose of optimization. These cookies enable us to automatically recognize that you have already visited our website when you visit it again. The cookies set in this way are automatically deleted after a defined period of time. The respective storage period of the cookies can be found in the settings of the consent tool used.

8.2 Legal basis for the use of cookies

The data processed by the cookies, which are required for the proper functioning of the website, are thus necessary to protect our legitimate interests as well as those of third parties pursuant to Art. 6 (1) lit. f) DS-GVO.

For all other cookies, you must have given your consent to this via our opt-in cookie banner within the meaning of Art. 6 (1) a) DS-GVO.

8.3 Notes on avoiding cookies in common browsers

You have the option of deleting cookies, only allowing selected cookies or completely deactivating cookies at any time via the settings of the browser you are using. You can find more information on the support pages of the respective providers:

  • Chrome: https://support.google.com/chrome/answer/95647?tid=311178978.
  • Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac?tid=311178978.
  • Firefox: https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefox-loschen?tid=311178978.
  • Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-l%C3%B6schen-63947406-40ac-c3b8-57b9-2a946a29ae09.

9. newsletter dispatch

9.1 Newsletter dispatch to existing customers

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers for similar goods or services, such as those already purchased, from our range by e-mail. In accordance with Section 7 (3) of the German Unfair Competition Act (UWG), we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising in accordance with Art. 6 (1) lit. f) DS-GVO. If you have initially objected to the use of your e-mail address for this purpose, no e-mails will be sent by us. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. For this, you will only incur transmission costs according to the prime rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.

10. our activities in social networks

So that we can also communicate with you in social networks and inform you about our services, we are represented there with our own pages. If you visit one of our social media pages, we are jointly responsible for the processing operations triggered by this, within the meaning of Art. 26 DS-GVO, with the provider of the respective social media platform.

We are not the original provider of these pages, but only use them within the scope of the possibilities offered to us by the respective providers.

As a precaution, we therefore point out that your data may also be processed outside the European Union or the European Economic Area. Use may therefore be associated with data protection risks for you, as it may be more difficult to protect your rights, e.g. to information, deletion, objection, etc., and processing in the social networks often takes place directly for advertising purposes or for analysis of user behavior by the providers, without this being able to be influenced by us. If usage profiles are created by the provider, cookies are often used or the usage behavior is assigned to your own member profile of the social networks.

The described processing operations of personal data are carried out pursuant to Art. 6 (1) lit. f) DS-GVO on the basis of our legitimate interest and the legitimate interest of the respective provider in order to be able to communicate with you in a timely manner or to inform you about our services. If you have to give your consent to data processing as a user with the respective providers, the legal basis refers to Art. 6 para. 1 lit. a) DS-GVO in conjunction with. Art. 7 DS-GVO.

As we do not have access to the providers’ databases, we would like to point out that it is best to exercise your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. We have listed further information on the processing of your data in the social networks below at the respective social network provider used by us:

10.1 LinkedIn

(Co-) Responsible for data processing in Europe:

LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland

Privacy Policy:

https://www.linkedin.com/legal/privacy-policy

11.  your rights as a data subject

11.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

11.2 Right to information Art. 15 DS-GVO

You have the right to receive from us at any time free of charge information about the personal data stored about you, as well as a copy of this data in accordance with the statutory provisions.

11.3 Right of rectification Art. 16 DS-GVO

You have the right to request the correction of inaccurate personal data concerning you. Furthermore, you have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

11.4 Deletion Art. 17 DS-GVO

You have the right to demand that we delete the personal data concerning you without delay, provided that one of the reasons provided for by law applies and insofar as the processing or storage is not necessary.

11.5 Restriction of processing Art. 18 DS-GVO

You have the right to demand that we restrict processing if one of the legal requirements is met.

11.6 Data portability Art. 20 DS-GVO

You have the right to receive the personal data concerning you, which has been provided to us by you, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us, to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6 (1) (a) DS-GVO or Art. 9 (2) (a) DS-GVO or on a contract pursuant to Art. 6 (1) (b) DS-GVO and 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 us.

Furthermore, when exercising your right to data portability pursuant to Article 20(1) of the GDPR, you have the right to have the personal data transferred directly from one controller to another controller, to the extent that this is technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

11.7 Objection Art. 21 DS-GVO

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out on the basis of Art. 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balance of interests) DS-GVO.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 DS-GVO.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or where the processing serves the purpose of asserting, exercising or defending legal claims.

In individual cases, we process personal data in order to conduct direct advertising. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is related to such direct advertising. If you object to us processing for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, you have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.

You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

11.8 Revocation of consent under data protection law

You have the right to revoke consent to the processing of personal data at any time with effect for the future.

11.9 Complaint to a supervisory authority

You have the right to lodge a complaint about our processing of personal data with a supervisory authority responsible for data protection.

12. routine storage, deletion and blocking of personal data

We process and store your personal data only for the period necessary to achieve the purpose of storage or if this has been provided for by the legal provisions to which our company is subject.

If the purpose of storage no longer applies or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

13. duration of the storage of personal data

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract.

14. up-to-dateness and modification of the privacy policy

This privacy policy is currently valid and has the status: September 2023.

Due to the further development of our Internet pages and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website at “https://www.humboldtcapture.com/data-privacy/”.

This privacy policy was created with the support of the data protection software: audatis MANAGER.