Privacy Policy
Intro
1. Definitions
We use the following terms, among others, in this privacy policy:
- personal data: Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Data subject: The data subject is any identified or identifiable natural person whose personal data are processed by the controller.
- 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, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
- Profiling: profiling is any type of automated processing of personal data which consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
- Pseudonymisation: Pseudonymisation 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 separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
- Controller: The controller is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for under Union or Member State law.
- Processor: A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
- Recipient: 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.
- Third party: a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
- Consent: Consent shall mean any freely given specific and informed indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
2. Controller
The controller within the meaning of the General Data Protection Regulation is:
UnternehmerTUM GmbH
Lichtenbergerstr.6
85748 Garching near Munich
Germany
+49 89 541 986 9800
3. Data Protection Officer
The data protection officer of the controller is:
Alexander Stolberg-Stolberg
SVF Lawyers
Oberanger 30
80331 Munich
Germany
+49 89 210 25 120
stolberg@unternehmertum.de
www.svf-law.de
Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
4. Cookies
The UnternehmerTUM GmbH website uses cookies. Cookies are text files that are stored on a computer system via an internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, the UnternehmerTUM GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimised in the sense of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
5. Collection of general data and information
The website of the UnternehmerTUM GmbH collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following can be recorded
- browser types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system arrives at our website (so-called referrer),
- the sub-websites that are accessed via an accessing system on our website,
- the date and time of access to the website,
- an internet protocol (IP) address,
- the Internet service provider of the accessing system and
- other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the UnternehmerTUM GmbH does not draw any conclusions about the data subject. This information is rather required in order to
- to deliver the contents of our website correctly,
- optimise the content of our website and the advertising for it,
- to ensure the permanent functionality of our information technology systems and the technology of our website, and
- to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.
Therefore, the UnternehmerTUM GmbH analyzes anonymously collected data and information on one hand for statistical purposes and on the other hand for the purpose of increasing the data protection and data security of our enterprise, and ultimately ensuring 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.
6. Newsletter
please refer to our Privacy Policy Newsletter
7. Contact via our website
The website of the UnternehmerTUM GmbH contains legal requirements which enable a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be disclosed to third parties.
8. Data protection application procedure
The controller collects and processes the personal data of applicants for the purpose of managing the application procedure. The processing may also take place by electronic means. This is in particular the case when an applicant submits relevant application documents to the controller by electronic means, for example by e-mail. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted six months after the notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
9. Routine deletion and blocking of personal data
The controller shall process and store personal data of the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage no longer applies or if a storage period prescribed by the European Directive and Regulation or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
10. Your rights
Every data subject has the right to
- to information pursuant to Article 15 of the GDPR
- the right of rectification under Article 16 of the GDPR
- the right to erasure in accordance with Article 17 of the GDPR
- the right to restriction of processing under Article 18 of the GDPR
- the right to object under Article 21 of the GDPR, and
- the right to data portability under Article 20 of the GDPR.
With regard to the right to information and the right of deletion, the restrictions pursuant to Sections 34 and 35 BDSG apply. Furthermore, there is a right of appeal to a competent data protection supervisory authority (Article 77 GDPR in conjunction with & 19 BDSG).
You can revoke your consent to the processing of personal data at any time.
Please note that the revocation only takes effect for the future. Processing that took place before the revocation is not affected.
11. Data protection: social networks
UnternehmerTUM maintains online presences within social networks and processes 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 may result in risks for the users because, for example, it could make it more difficult to enforce the rights of the users.
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 resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behaviour and the interests of the users are stored. Furthermore, data independent of the devices used by the users may also be stored in the usage profiles (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, we would also like to point out that these can be asserted most effectively with the providers. Only the providers have access to the users’ data and can take appropriate measures and provide information directly. If you still need help, you can contact us.
- Types of data processed: contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta, communication and process data (e.g. IP addresses, time data, identification numbers, consent status).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: contact requests and communication; feedback (e.g. collecting feedback via online form); marketing.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR).
Further guidance on processing operations, procedures and services:
- Instagram: Social network;
Service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland;
Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR);
Website: https://www.instagram.com ;
Privacy policy: https://instagram.com/about/legal/privacy - Facebook pages: Profiles within the Facebook social network – We are jointly responsible with Meta Platforms Ireland Limited for the collection (but not the further processing) of data from visitors to our Facebook page (known as a “Fan Page”). This data includes information about the types of content users view or interact with, or the actions they take (see under “Things You and Others Do and Provide” in the Facebook Data Policy: https://www.facebook.com/policy), as well as information about the devices users use (e.g. IP addresses, operating system, browser type, language settings, cookie data; see under “Device Information” in the Facebook Data Policy: https://www.facebook.com/polic…). As explained in the Facebook Data Policy under “How do we use this information?”, Facebook also collects and uses information to provide analytics services, called “Page Insights”, to Page operators to provide them with insights into how people interact with their Pages and with the content associated with them. We have entered into a special agreement with Facebook (“Page Insights Information”, https://www.facebook.com/legal…), which in particular regulates which security measures Facebook must observe and in which Facebook has agreed to fulfil the data subject rights (i.e. users can, for example, send information or deletion requests directly to Facebook). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook. Further information can be found in the “Information on Page Insights” (https://www.facebook.com/legal…);
service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland;
Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR);
Website: https://www.facebook.com ;
Privacy policy: https://www.facebook.com/about/privacy ;
Standard contractual clauses (guaranteeing level of data protection for processing in third countries):https://www.facebook.com/legal… ;
Further information: Shared responsibility agreement: https://www.facebook.com/legal…. The joint responsibility is limited to the collection by and transfer of data to Meta Platforms Ireland Limited, a company based in the EU. Further processing of the data is the sole responsibility of Meta Platforms Ireland Limited, which concerns in particular the transfer of the data to the parent company Meta Platforms, Inc. in the USA (on the basis of the standard contractual clauses concluded between Meta Platforms Ireland Limited and Meta Platforms, Inc.). - LinkedIn: Social network;
Service Provider: LinkedIn Ireland Unlimited Company, Wilton Plaza Wilton Place, Dublin 2, Ireland;
Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR);
Website: https://www.linkedin.com ;
Privacy Policy:https://www.linkedin.com/legal… ;
Order processing contract: https://legal.linkedin.com/dpa ;
Standard contractual clauses (guaranteeing the level of data protection for processing in third countries): https://legal.linkedin.com/dpa ;
Opt-out:https://www.linkedin.com/psett… - Twitter: Social network;
Service Provider: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland, Parent Company: Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA;
Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) GDPR);
Privacy policy: https://twitter.com/privacy , (Settings: https://twitter.com/personalization )
12. Google Analytics 4
This website uses Google Analytics 4, a web analytics service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), which enables an analysis of your use of our website.
By default, Google Analytics sets 4 cookies when you visit the website, which are stored as small text modules on your end device and collect certain information. The scope of this information also includes your IP address, which is, however, shortened by Google by the last digits in order to exclude a direct personal reference.
The information is transferred to Google servers and processed there. In the process, transfers to Google LLC, based in the USA, are also possible. Google uses the information collected on our behalf to evaluate your use of the website, to compile reports on website activity for us and to provide other services related to website and internet usage. The IP address transmitted and shortened by your browser as part of Google Analytics will not be merged with other Google data. The data collected in the context of the use of Google Analytics 4 will be stored for a period of two months and then deleted.
All processing described above, in particular the setting of cookies on the end device used, only takes place if you have given us your express consent for this in accordance with Art. 6 Para. 1 lit. a GDPR.
Without your consent, Google Analytics 4 will not be used during your visit to the site. You can revoke your consent at any time with effect for the future. To exercise your right of revocation, please deactivate this service via the “Cookie Consent Tool” provided on the website.
We have concluded an order processing agreement with Google, which ensures the protection of our site visitors’ data and prohibits unauthorised disclosure to third parties.
Further legal information on Google Analytics 4 can be found at https://policies.google.com/privacy?hl=de&gl=de and at https://policies.google.com/technologies/partner-sites.
Google Analytics 4 uses the special “demographic characteristics” function and can use this to create statistics that make statements about the age, gender and interests of site visitors. This is done by analysing advertising and information from third-party providers. This allows target groups to be identified for marketing activities. However, the collected data cannot be assigned to a specific person and is deleted after being stored for a period of two months.
As an extension to Google Analytics 4, Google Signals can be used on this website to have cross-device reports generated. If you have activated personalised ads and linked your devices to your Google account, Google may, subject to your consent to the use of Google Analytics pursuant to Art. 6 (1) lit. a GDPR, analyse your usage behaviour across devices and create database models, including on cross-device conversions. We do not receive any personal data from Google, only statistics. If you would like to stop the cross-device analysis, you can deactivate the “Personalised advertising” function in the settings of your Google account. To do so, follow the instructions on this page: https://support.google.com/ads/answer/2662922?hl=de You can find more information about Google Signals at the following link: https://support.google.com/analytics/answer/7532985?hl=de
As an extension to Google Analytics 4, the “UserIDs” function can be used on this website. If you have consented to the use of Google Analytics 4 pursuant to Art. 6 (1) lit. a GDPR, have set up an account on this website and log in with this account on different devices, your activities, including conversions, can be analysed across devices.
For data transfers to the USA, the provider has joined the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
13. Microsoft Clarity
Various user information is collected and stored on our website via the “Microsoft Clarity” service of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA (hereinafter “Microsoft”) for the statistical analysis of user behaviour and for optimisation and marketing purposes. This information, which can never be linked to a specific person, includes time zone settings, operating system and platform, the geographical origin of the page view, the redirect origin if the user is redirected to our site, the duration of visits to certain pages and information about website interaction (e.g. scrolling, clicks and mouse-overs).
Pseudonymised user profiles can be created and evaluated from this data for the same purpose. Cookies are used to collect and analyse this data. Cookies are small text files that are stored locally in the cache of the website visitor’s Internet browser. Among other things, cookies make it possible to recognise the Internet browser. The data collected using Microsoft technologies will not be used to personally identify the visitor to this website without the separate consent of the person concerned and will not be merged with personal data about the bearer of the pseudonym.
Collected information may be transmitted to Microsoft servers in the USA and stored there. We have concluded an order processing contract with Microsoft, in which we oblige Microsoft to protect our customers’ data and not to pass it on to third parties. Microsoft is also an active participant in the EU-US Data Privacy Framework, which regulates the correct and secure transfer of personal data from EU citizens to the USA.
All processing described above, in particular the setting of cookies for reading information on the end device used, will only be carried out if you have given us your express consent to do so in accordance with Art. 6 para. 1 lit. a GDPR. Without this consent, Microsoft Clarity will not be used during your visit to our website.
You can revoke your consent at any time with effect for the future. To exercise your revocation, please deactivate this service in the “Cookie Consent Tool” provided on the website. Further information on the data protection provisions of Microsoft Clarity can be found at https://clarity.microsoft.com/terms
14. Google Maps
This website uses an online mapping service provided by the following provider: Google Maps (API) from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland.
Google Maps is a web service for displaying interactive (land) maps in order to visually present geographical information. By using this service, you will be shown our location and it will be easier for you to find us.
Information about your use of our website (such as your IP address) is transmitted to Google servers and stored there when you call up those sub-pages in which the Google Maps map is integrated; this information may also be transmitted to Google LLC servers in the USA. This occurs regardless of whether Google provides a user account via which you are logged in or whether a user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish to have your data associated with your Google profile, you must log out before activating the button. Google stores your data (even for users who are not logged in) as usage profiles and evaluates them.
The collection, storage and analysis are carried out in accordance with Art. 6 (1) lit. f GDPR on the basis of Google’s legitimate interest in displaying personalised advertising, market research and/or the needs-based design of Google websites. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right. If you do not agree to the future transmission of your data to Google in the context of the use of Google Maps, you also have the option of completely deactivating the Google Maps web service by switching off the JavaScript application in your browser. Google Maps and thus also the map display on this website can then not be used.
Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 Para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the option described above for making an objection.
15. Zapier
For the integration of various databases and tools, we use Zapier, a service of Zapier Inc, 548 Market St #62411, San Francisco, California 94104, USA. In this process, customer data may be transmitted with the exception of payment data. You can find more information on data protection with Zapier at https://zapier.com/privacy/.
16. tally.so
We have integrated the Tally.so tool (Muidepoort 19A, 9000 Ghent, Belgium) on this website for the purpose of conducting surveys.
Tally enables us to create survey forms and record other input from our website visitors in a structured manner. All entries you make are processed on Tally’s servers within the EU.
The use of Tally is based on our legitimate interest in determining your request in the most user-friendly way possible (Art. 6 para. 1 lit. f GDPR). 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) within the meaning of the TTDSG. Consent can be revoked at any time.
We will retain the data you provide on the form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions – in particular retention periods – remain unaffected.
Further information can be found in Tally’s privacy policy at https://tally.so/help/privacy-policy
17. Data processing in third countries
If we process data in a third country (i.e., outside the European Union (EU), 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 have data processed in third countries with a recognised level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission:
18. Events and pictures
If you attend an event organised by UnternehmerTUM GmbH, personal data will be processed for the purpose of organising the event in accordance with the following instructions.
In particular, the following categories of personal data may be processed for the implementation of the event:
- Name and contact details (e-mail, telephone)
- Information on the employment relationship (legal company, job title)
- Dates for participation in workshops
- Event pictures
- Data on participation in the event as such
If you provide personal data of other persons as part of the application/registration process, you agree that it is your responsibility to obtain the consent of such third persons in accordance with applicable law.
Our events are regularly accompanied by photographers or film teams who take pictures or video recordings (“recordings”) of the event. The event recordings are made and published on the basis of the legitimate interest of the responsible person in pictorial reporting, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail (Art. 6 (1) sentence 1 lit. f GDPR).
The recordings are made for the purpose of public relations and published on our website, our social media channels or on the event website.
19. Legal basis for the processing
Below you will find an overview of the legal basis 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 country of residence or domicile. Should more specific legal bases be relevant in individual cases, we will inform you of these in the data protection declaration.
- Consent (Art. 6 para. 1 sent. 1 lit. a) GDPR) – The data subject has given his/her consent to the processing of personal data relating to him/her for a specific purpose or purposes.
- Contract performance and pre-contractual enquiries (Art. 6 (1) p. 1 lit. b) GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject’s request.
- Legal obligation (Art. 6 para. 1 p. 1 lit. c) GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
- Legitimate interests (Art. 6 (1) p. 1 lit. f) GDPR) – Processing is necessary to protect the legitimate interests of the controller or a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
In addition to the data protection regulations of the GDPR, 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 regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, the processing for other purposes and the transmission and automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships as well as the consent of employees. Furthermore, data protection laws of the individual federal states may apply.
20. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
21. Duration of the data storage
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
22. Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the personal data
We would like to inform you that the provision of personal data is sometimes required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact our data protection officer. Our data protection officer will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
23. Existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.
Status: 10.06.2024