Data privacy notice for whistleblower
Download data privacy notice dated 21.12.2023
Privacy policy for the website from 26.09.2022
1. Data protection at a glance
General notes
The following notices provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.
Data collection on this website
Who is responsible for the data collection on this website?
Data processing on this website is carried out by the website operator. You can find the contact details of the website operator in the section "Information about the responsible party" in this data protection declaration.
How do we collect your data?
On the one hand, your data is collected when you provide it to us. This can be, for example, data that you enter in a contact form. Other data is collected automatically or after your consent when you visit the website by our IT systems. This is mainly technical data (e.g. Internet browser, operating system or time of page view). The collection of this data takes place automatically as soon as you enter this website.
What do we use your data for?
Some of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
You can contact us at any time with regard to this and other questions on the subject of data protection.
2. Hosting
We host the content of our website with the following provider:
WIX Provider is Wix.com Ltd, 40 Namal Tel Aviv St., Tel Aviv 6350671, Israel (hereinafter "WIX"). WIX a tool for creating and hosting websites. When you visit our website, WIX is used to analyze user behavior, visitor sources, the region of website visitors and visitor numbers. WIX stores cookies on your browser, which are necessary for the display of the website and to ensure security (necessary cookies).
The data collected via WIX may be stored on various servers worldwide. The servers of WIX are located in the USA, among other places.
For details, see WIX's privacy policy: https://de.wix.com/about/privacy.
According to WIX, data transfer to the USA and other third countries is based on the standard contractual clauses of the EU Commission or comparable guarantees according to Art. 46 DSGVO. Details can be found here: https://de.wix.com/about/privacy-dpa-users.
The use of WIX is based on Art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in the most reliable presentation of our website. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.
Data processing agreement
We have concluded a contract on data processing agreement (DPA) with the above-mentioned provider. This is a contract required by data protection law, which ensures that this provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.
3. General notes and mandatory information
Privacy
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
When you use this website, various personal data are collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
We point out that data transmission over the Internet (eg communication by e-mail) security gaps. A complete protection of the data against access by third parties is not possible.
Note on the responsible entity
The responsible party for data processing on this website is:
ProtectYourIT GmbH
Represented by: Stephan Krischke
Am Waldrand 2
82515 Wolfratshausen
Phone: 08171346465
Email: contact@protectyourit.de
The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).
Storage duration
Unless a more specific storage period has been specified within this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be deleted once these reasons no longer apply.
General information on the legal basis for data processing on this website
If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) a GDPR or Art. 9 (2) a GDPR, if special categories of data are processed according to Art. 9 (1) GDPR. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1) a GDPR. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g. via device fingerprinting), the data processing is additionally carried out on the basis of Section 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6 para. 1 lit. c GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6 para. 1 lit. f GDPR. Information about the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.
Note on data transfer to the USA and other third countries
Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that no level of data protection comparable to that in the EU can be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. Therefore, it cannot be ruled out that U.S. authorities (e.g. intelligence agencies) may process, evaluate and permanently store your data located on U.S. servers for monitoring purposes. We have no influence on these processing activities.
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)
IF DATA PROCESSING BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21(1) GDPR). IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ARTICLE 21 (2) GDPR).
Right of appeal to the competent supervisory authority
In the event of breaches of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged breach. The right of appeal is without prejudice to other administrative or judicial remedies.
Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.
Information, deletion and correction
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time.
Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. For this purpose, you can contact us at any time. The right to restriction of processing exists in the following cases:
If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.
If the processing of your personal data happened/is happening unlawfully, you may request the restriction of data processing instead of erasure.
If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request restriction of the processing of your personal data instead of deletion.
If you have lodged an objection pursuant to Art. 21 (1) GDPR, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.
If you have restricted the processing of your personal data, this data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.
SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties. Objection to advertising e-mails We hereby object to the use of contact data published within the scope of the imprint obligation to send advertising and information material that has not been expressly requested. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e-mails.
4. Data collection on this website
Cookies
Our Internet pages use so-called "cookies". Cookies are small data packets and do not cause any damage to your end device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.
In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).
Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising. Cookies that are necessary to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 (1) lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is based exclusively on this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG); the consent can be revoked at any time.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. When deactivating cookies, the functionality of this website may be limited.
If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately within the framework of this data protection declaration and, if necessary, request your consent.
Form for reporting according to the Whistleblower Protection Act
If you send us the form for reporting internal violations, we will use the information you provide as part of the whistleblower system for the purpose of verifying and documenting the reports, for internal investigations (including forwarding to external lawyers, auditors or other professionals bound by professional confidentiality, as well as to affected parts of the company (departments, Group companies, etc.) and, if necessary, for forwarding to government agencies (such as the police, public prosecutor's office or courts), among other things. We assure all whistleblowers that their information will be handled confidentially. This data is processed on the basis of a legal obligation pursuant to Art. 6 Para. 1 lit. c GDPR in conjunction with. § 14 HinSchG as an independent and confidential internal reporting office.
Consequences of a false report:
A false suspicion in the context of a report or disclosure can have far-reaching consequences for the person concerned. The effects may not be entirely reversible. However, excessive demands should not be placed on whistleblowers with respect to verifying the accuracy of information. Therefore, the whistleblower is also protected in cases where the information turns out to be incorrect, but the whistleblower could have assumed that the information was correct at the time of the report. However, there is no protection for whistleblowers in cases of intentional or grossly negligent disclosure of incorrect information. In such cases, the malicious whistleblower is even obliged to compensate the damage (Section 38 HinSchG-E).
5. Plugins and tools
Google reCAPTCHA
We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on this website. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
The purpose of reCAPTCHA is to verify whether the data entry of the registration form on this website is done by a human or by an automated program. For this purpose, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis begins automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, time spent by the website visitor on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google.
The reCAPTCHA analyses run completely in the background. Website visitors are not notified that an analysis is taking place.
The storage and analysis of the data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in protecting its web offers from abusive automated spying and from SPAM. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.
For more information about Google reCAPTCHA, please see the Google Privacy Policy and the Google Terms of Service at the following links: https://policies.google.com/privacy?hl=de and https://policies.google.com/terms?hl=de.
6. Audio and video conferencing
Data processing
Among other tools, we use online conferencing tools to communicate with our customers. The tools we use in detail are listed below. If you communicate with us via video or audio conference via the Internet, your personal data will be collected and processed by us and the provider of the respective conference tool.
The conference tools collect all data that you provide/enter to use the tools (e-mail address and/or your telephone number). Furthermore, the conferencing tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other "context information" related to the communication process (metadata).
Furthermore, the provider of the tool processes all technical data that is required for handling the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or speaker, and the type of connection.
If content is exchanged, uploaded or otherwise made available within the tool, this is also stored on the servers of the tool providers. Such content includes, in particular, cloud recordings, chat/ instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared during the use of the service.
Please note that we do not have full influence on the data processing operations of the tools used. Our options are largely determined by the corporate policy of the respective provider. For further information on data processing by the conference tools, please refer to the data protection statements of the respective tools used, which we have listed below this text.
Purpose and legal basis
The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 lit. b GDPR). Furthermore, the use of the tools serves the general simplification and acceleration of communication with us or our company (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). Insofar as consent has been requested, the tools in question are used on the basis of this consent; consent can be revoked at any time with effect for the future.
Storage duration
The data collected directly by us via the video and conference tools is deleted from our systems as soon as you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies. Stored cookies remain on your terminal device until you delete them. Mandatory legal retention periods remain unaffected.
We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.
Conference tools used
We use the following conferencing tools:
Zoom
We use Zoom. The provider of this service is Zoom Communications Inc, San Jose, 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA. For details on data processing, please refer to Zoom's privacy policy: https://zoom.us/de-de/privacy.html.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://zoom.us/de-de/privacy.html.
Microsoft Teams
We use Microsoft Teams. The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. For details on data processing, please refer to the Microsoft Teams privacy policy: