Privacy
1. Data protection at a glance
General information
The following information provides 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. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.
Data collection on our website
Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You can find their contact details in the “Information on the controller” section of this privacy policy.
How do we collect your data?
On the one hand, your data is collected when you provide it to us. This may, for example, be data that you enter in a contact form.
Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.
What do we use your data for?
Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the 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. You also have the right to lodge a complaint with the competent supervisory authority.
You can contact us at any time if you have further questions on the subject of data protection.
Analysis tools and tools from third-party providers
When you visit this website, your surfing behavior may be statistically evaluated. This is mainly done using so-called analysis programs.
Detailed information on these analysis programs can be found in the following privacy policy.
2. Hosting
We host the content of our website with the following provider:
DomainFactory
The provider is DomainFactory GmbH, c/o WeWork, Neuturmstraße 5, 80331 Munich (hereinafter referred to as DomainFactory). When you visit our website, DomainFactory collects various log files including your IP addresses.
Details can be found in DomainFactory’s privacy policy: https://www.df.eu/de/datenschutz/.
The use of DomainFactory is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in ensuring that our website is displayed as reliably as possible. 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. for device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
Order processing
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract prescribed by data protection law, which ensures that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.
3. General notes and mandatory information
Data protection
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 is collected. Personal data is data that can be used to identify you personally. 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 would like to point out that data transmission over the Internet (e.g. when communicating by email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.
Note on the responsible body
The controller responsible for data processing on this website is
prospega GmbH
Erhardstrasse 24
97688 Bad Kissingen
Germany
Phone: 0971 / 699 190 460
E‑Mail: online@prospega.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 period
Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified 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 deletion will take place after 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 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, insofar as special categories of data are processed in accordance with Art. 9 para. 1 GDPR. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information in your end device (e.g. via device fingerprinting), the data processing is also carried out on the basis of Section 25 (1) TTDSG. Consent can be revoked at any time. If your data is required to fulfill the contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if this is necessary to fulfill a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this privacy policy.
Data Protection Officer
We have appointed a data protection officer for our company.
E‑Mail: datenschutz@prospega.de
Recipients of personal data
As part of our business activities, we work together with various external bodies. In some cases, it is also necessary to transfer personal data to these external bodies. We only pass on personal data to external bodies if this is necessary for the fulfillment of a contract, if we are legally obliged to do so (e.g. passing on data to tax authorities), if we have a legitimate interest in the transfer in accordance with Art. 6 para. 1 lit. f GDPR or if another legal basis permits the transfer of data. When using processors, we only pass on our customers’ personal data on the basis of a valid contract for order processing. In the case of joint processing, a joint processing agreement is concluded.
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can withdraw your consent at any time. All you need to do is send us an informal e‑mail. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to object to the collection of data in special cases and to direct marketing (Art. 21 GDPR)
IF THE DATA PROCESSING IS 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 SERVES THE ESTABLISHMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PARA. 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 TO THE EXTENT THAT 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 ART. 21 PARA. 2 GDPR).
Right to lodge a complaint with the competent supervisory authority
In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged violation. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.
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 to the extent that it is technically feasible.
Information, rectification and erasure
You have the right to free information about your stored personal data, its origin and recipients and the purpose of the data processing and, if necessary, a right to correction or deletion of this data at any time within the framework of the applicable legal provisions. You can contact us at any time if you have further questions on the subject of personal data.
Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. You can contact us at any time to do this. The right to restriction of processing exists in the following cases
1. if you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
2. if the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of erasure
3. if we no longer need your personal data, but you need it for the exercise, defense or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
request the restriction of the processing of your personal data instead of erasure.
4. if you have lodged an objection pursuant to Art. 21 para. 1 GDPR, a balance must be struck between your interests and ours. 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 — apart from its storage — may 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 European Union or of 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 inquiries 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 emails
We hereby object to the use of contact data published as part of our obligation to provide a legal notice for the purpose of sending unsolicited advertising and information material. The operators of the website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam emails.
4. Data collection on our 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 on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or they are automatically deleted by your web browser.
Cookies may originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (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 can be used to evaluate user behavior or for advertising purposes.
Cookies that are required 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 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of 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 carried out exclusively on the basis of 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. If cookies are deactivated, the functionality of this website may be restricted.
You can find out which cookies and services are used on this website in this
privacy policy.
Consent with Borlabs Cookie
Our website uses Borlabs Cookie’s consent technology to obtain your consent to store certain cookies in your browser or to use certain technologies and to document this in compliance with data protection regulations. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg (hereinafter referred to as “Borlabs”).
When you enter our website, a Borlabs cookie is stored in your browser, in which the consents you have given or the revocation of these consents are stored. This data is not passed on to the provider of Borlabs Cookie.
The data collected will be stored until you request us to delete it or until the Borlabs cookie itself is deleted, or the purpose for data storage no longer applies. Mandatory statutory retention periods remain unaffected. Details on data processing by Borlabs Cookie can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.
The use of Borlabs Cookie Consent Technology is to obtain the legally required consents for the use of cookies. The legal basis for this is Art. 6 Para. 1 lit. c DSGVO.
Server Log Files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
- Browser type and browser version
- Operating system used
- Referrer URL
- Hostname of the accessing computer
- Time of the server request
- IP address
These data will not be combined with other data sources.
The collection of this data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website – for this purpose, the server log files must be recorded.
Contact Form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We will not pass on this data without your consent.
The processing of this data is based on Art. 6 para. 1 lit. b DSGVO, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f DSGVO) or on your consent (Art. 6 para. 1 lit. a DSGVO), if this has been requested; the consent is revocable at any time.
The data entered by you in the contact form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your inquiry). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.
Inquiry by E‑Mail, Telephone, or Fax
If you contact us by e‑mail, telephone, or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.
The processing of this data is based on Art. 6 para. 1 lit. b DSGVO, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f DSGVO) or on your consent (Art. 6 para. 1 lit. a DSGVO), if this has been requested; the consent is revocable at any time.
The data you send to us via contact inquiries will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.
Gravatar
We have integrated Gravatar on this website. The provider is Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA (hereinafter “Gravatar”).
Gravatar is a tool that enables us to provide personal images (avatars) for users of our website. The avatars serve as visual representations of the users and are displayed wherever a user interacts with the platform (e.g., in forums or chats). When a user interacts with the platform, their avatar is displayed based on the selection associated with their email address. This gives users’ online presence a personal touch and facilitates identification since the chosen image is assigned to users when they are active online.
When you comment or interact on our website and Gravatar is activated, the hash of the user’s email address using Gravatar (used as an ID) is processed by Gravatar.
The use of Gravatar is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in an appealing presentation of his forums. If 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. The consent can be revoked at any time.
For more details, please refer to the provider’s privacy policy at
https://automattic.com/privacy/.
The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA aimed at ensuring compliance with European data protection standards for data processing in the USA. Each company certified under the DPF undertakes to comply with these data protection standards. Further information can be obtained from the provider at the following link:
https://www.dataprivacyframework.gov/s/participant-search/participantdetail?
contact=true&id=a2zt0000000CbqcAAC&status=Active
Data Processing Agreement
We have entered into a data processing agreement (DPA) for the use of the above-mentioned service. This is a legally required contract that ensures that the personal data of our website visitors is processed only according to our instructions and in compliance with the GDPR.
5. Analytics tools and advertising
Google Analytics
This website uses features of the web analytics service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics enables the website operator to analyze the behavior of website visitors. For this purpose, the website operator receives various usage data, such as page views, dwell time, operating systems used, and the user’s origin. This data is summarized in a user ID and assigned to the respective end device of the website visitor.
Furthermore, we can record your mouse and scroll movements and clicks with Google Analytics, among other things. Google Analytics also uses various modeling approaches to supplement the collected data and employs machine learning technologies in data analysis.
Google Analytics uses technologies that enable the recognition of the user for the purpose of analyzing user behavior (e.g., cookies or device fingerprinting). The information collected by Google about the use of this website is usually transmitted to a Google server in the USA and stored there.
The use of this service is based on your consent according to Art. 6 Para. 1 lit. a DSGVO (General Data Protection Regulation) and §25 Para. 1 TTDSG (Telemedia Act). The consent can be revoked at any time.
The data transfer to the USA is based on the standard contractual clauses of the European Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.
The company is certified under the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA aimed at ensuring compliance with European data protection standards for data processing in the USA. Each company certified under the DPF undertakes to comply with these data protection standards. Further information can be obtained from the provider at the following link:
https://www.dataprivacyframework.gov/s/participant-search/participantdetail?
contact=true&id=a2zt000000001L5AAI&status=Active
Browser Plugin
You can prevent Google from collecting and processing your data by downloading and installing the browser plugin available at the following link:
https://tools.google.com/dlpage/gaoptout?hl=de.
For more information on how Google Analytics handles user data, please refer to Google’s privacy policy:
https://support.google.com/analytics/answer/6004245?hl=de.
Data Processing Agreement
We have concluded a contract for order processing with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.
6. Newsletter
Newsletter Data
If you would like to subscribe to the newsletter offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the specified email address and agree to receive the newsletter. Further data is not collected or is only collected on a voluntary basis. We use newsletter service providers to process the newsletter, which are described below.
Rapidmail
This website uses Rapidmail for sending newsletters. The provider is rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany.
Rapidmail is a service that can be used to organize and analyze the sending of newsletters, among other things. The data you enter for the purpose of subscribing to the newsletter will be stored on Rapidmail’s servers in Germany.
Data Analysis by Rapidmail
For the purpose of analysis, emails sent with Rapidmail contain a so-called “tracking pixel” that connects to Rapidmail’s servers when the email is opened. This allows us to determine whether a newsletter message has been opened.
Furthermore, we can use Rapidmail to determine whether and which links in the newsletter message are clicked on. All links in the email are tracking links, which means that your clicks can be counted. If you do not want analysis by Rapidmail, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message.
For more information on the analysis functions of Rapidmail, please refer to the following link: https://de.rapidmail.wiki/kategorien/statistiken/.
Legal Basis
The data processing is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time. The legality of the data processing operations already carried out remains unaffected by the revocation.
Storage Duration
The data you provide us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter with us or the newsletter service provider and will be deleted from the newsletter distribution list after you unsubscribe. Data stored by us for other purposes remains unaffected by this.
After you have been removed from the newsletter distribution list, your email address will be stored by us or the newsletter service provider in a blacklist, if necessary, to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interests and our interests in compliance with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
For more information, please refer to Rapidmail’s data security information at:
https://www.rapidmail.de/datensicherheit.
Data Processing Agreement
We have entered into a contract for order processing (AVV) with the above-mentioned service provider. This is a legally required contract that ensures that the personal data of our website visitors is processed only according to our instructions and in compliance with the DSGVO.
7. Plugins and Tools
Google Fonts (Local Hosting)
This site uses Google Fonts provided by Google for consistent font display. The Google Fonts are locally installed, and there is no connection to Google servers.
For more information about Google Fonts, please visit https://developers.google.com/fonts/faq and the Google Privacy Policy: https://policies.google.com/privacy?hl=en.
Font Awesome (Local Hosting)
This site uses Font Awesome for consistent font display. Font Awesome is locally installed, and there is no connection to Fonticons, Inc. servers.
For more information about Font Awesome, please refer to the Font Awesome Privacy Policy: https://fontawesome.com/privacy.
8. Own services
Handling of Applicant Data
We offer you the opportunity to apply to us (e.g., by email, postal mail, or via online application form). Below, we inform you about the extent, purpose, and use of your personal data collected within the framework of the application process. We assure you that the collection, processing, and use of your data are in accordance with applicable data protection laws and all other legal provisions and that your data will be treated strictly confidentially.
Extent and Purpose of Data Collection
If you send us an application, we process the associated personal data (e.g., contact and communication data, application documents, notes from job interviews, etc.) to the extent necessary to make a decision about establishing an employment relationship. The legal basis for this is § 26 BDSG according to German law (initiation of an employment relationship), Art. 6 para. 1 lit. b GDPR (general contract initiation), and — if you have given your consent — Art. 6 para. 1 lit. a GDPR. The consent can be revoked at any time. Your personal data will only be disclosed within our company to persons involved in processing your application.
If the application is successful, the data submitted by you will be stored in our data processing systems based on § 26 BDSG and Art. 6 para. 1 lit. b GDPR for the purpose of carrying out the employment relationship.
Data Retention Period
If we cannot offer you a position, you reject an offer, or withdraw your application, we reserve the right to retain the data you have provided to us on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) for up to 6 months after the end of the application process (rejection or withdrawal of the application). Afterward, the data will be deleted, and physical application documents will be destroyed. Storage is particularly for evidentiary purposes in the event of legal disputes. If it is evident that the data will be required after the 6‑month period (e.g., due to a pending or threatened legal dispute), deletion will only take place when the purpose for further storage no longer applies.
Extended storage may also occur if you have given corresponding consent (Art. 6 para. 1 lit. a GDPR) or if legal retention obligations prevent deletion.
Inclusion in the Applicant Pool
If we cannot offer you a position, there may be the opportunity to include you in our applicant pool. In the event of inclusion, all documents and information from the application will be transferred to the applicant pool to contact you in case of suitable vacancies.
Inclusion in the applicant pool is based solely on your explicit consent (Art. 6 para. 1 lit. a GDPR). Giving consent is voluntary and is not related to the ongoing application process. The data subject can revoke their consent at any time. In this case, the data from the applicant pool will be irreversibly deleted unless there are legal retention reasons.
The data from the applicant pool will be irreversibly deleted no later than two years after consent is given.
Source: eRecht24 / September 2023