Data protection declaration according to the GDPR
I. Name and address of the person responsible
The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
masem research institute GmbH
Herrnmühlgasse 11
D-65183 Wiesbaden
Tel.: +49 611 531 500 91
Email: datenschutz[at]masem.de
Website: www.masem.de
II. Name and address of the data protection officer
Dr. Nataliya Möser
masem management gesellschaft mbH
Herrnmühlgasse 11
D-65183 Wiesbaden
Email: datenschutz[at]masem.de
III. General information on data processing
1. Scope of processing of personal data
In principle, we only process personal data of our users to the extent that this is necessary to provide a functional website and our content and services. The processing of our users’ personal data regularly only takes place with the user’s consent. An exception applies in cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is permitted by legal regulations.
2. Legal basis for the processing of personal data: Article 6 Paragraph 1 of the EU General Data Protection Regulation
To the extent that we obtain the consent of the data subject for processing personal data, Article 6 Paragraph 1 Letter a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary to fulfill a contract to which the data subject is a party, Art. 6 Para. 1 Letter b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
To the extent that processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 Para. 1 Letter c GDPR serves as the legal basis.
In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 Letter d GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 Para. 1 Letter f GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data to conclude or fulfill a contract.
IV. Website: Provision and log files: Creation
1. Description and scope of data processing
Every time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
(1) Date and time of access
(2) The user's operating system
(3) Information about the browser type and version used
(4) The device used by the user (e.g. PC, tablet, smartphone
(5) The user's Internet service provider
(6) Anonymized IP addresses
(7) Websites from which the user's system accesses our website
The data is also stored in the log files of our system. This does not affect the user's IP addresses or other data that enables the data to be assigned to a user. This data is not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of the data is Article 6 Paragraph 1 Letter f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is only necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session, but is anonymized. These purposes also include our legitimate interest in data processing in accordance with Article 6 Paragraph 1 Letter f of the GDPR.
4. Duration of storage
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of collecting the data for this is the case when the website is made available when the respective session has ended.
5. Possibility of objection and removal
The collection of data to provide the website and the storage of the data in log files is absolutely necessary for the operation of the website. There is therefore no possibility for the user to object.
V. Use of cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is accessed again.
We only use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change.
The following data is stored and transmitted in the cookies:
(1) Language settings
(2) Log-in information
b) Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Article 6 (1) (f) GDPR.
d) Duration of storage, possibility of objection and removal
Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all functions of the website.
VI. Rights of the data subject
If your personal data is processed, you are the data subject within the meaning of the GDPR and you have the following rights towards the person responsible:
1. Right to information
You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.
If such processing occurs, you can request information from the person responsible about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of personal data concerning you, a right to restrict processing by the controller or a right to object to this processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information about the origin of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Article 22 Paragraphs 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have the right to request correction and/or completion from the person responsible if the personal data processed concerning you is incorrect or incomplete. The person responsible must make the correction immediately.
3. Right to restriction of processing
You can request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data relating to you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead restrict the use of the personal data ten demand;
(3) the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have lodged an objection to the processing in accordance with Article 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the person responsible before the restriction is lifted.
4. Right to deletion
a) Obligation to delete
You can request that the person responsible delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.
(3) You object to the processing in accordance with Article 21 Paragraph 1 of the GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Article 21 Paragraph 2 of the GDPR.
(4) The personal data concerning you were processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.
(b) Information to Third Parties
If the person responsible has made the personal data concerning you public and is obliged to delete it in accordance with Article 17 Para. 1 GDPR, he will take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to ensure that the person responsible for data processing to inform those processing the personal data that you, as the data subject, have requested them to delete all links to that personal data or copies or replications of that personal data.
b) Exceptions
There is no right to deletion if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to comply with a legal obligation requiring processing under Union or Member State law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller became;
(3) for reasons of public interest in the field of public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) GDPR, insofar as the law referred to in section a) is likely to make the achievement of the objectives of this processing impossible or seriously impair it, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have asserted the right to rectification, deletion or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or deletion of the data or restriction of processing, unless: this turns out to be impossible or involves disproportionate effort.
You have the right to be informed about these recipients by the person responsible.
6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. You also have the right to transfer this data to another person responsible without hindrance from the person responsible for the personal data have been provided, provided that
(1) the processing is based on consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR or Article 9 Paragraph 2 Letter a of the GDPR or on a contract in accordance with Article 6 Paragraph 1 Letter b of the GDPR and
(2) the processing takes place using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another controller, to the extent that this is technically feasible. The freedoms and rights of other people must not be impaired by this.
The right to data portability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is carried out on the basis of Article 6 Paragraph 1 Letter e or Letter f of the GDPR; This also applies to profiling based on these provisions.
The person responsible will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising.
If you object to processing for direct advertising purposes, your personal data will no longer be processed for these purposes.
In connection with the use of information society services - regardless of Directive 2002/58/EC - you have the opportunity to exercise your right to object using automated procedures that use technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.
9. Automated decision-making in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or fulfillment of a contract between you and the person responsible,
(2) is permitted by Union or Member State law to which the controller is subject and such law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests or
(3) takes place with your express consent.
However, these decisions may not be based on special categories of personal data according to Art. 9 Para. 1 GDPR, unless Art. 9 Para. 2 letter a or letter g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests .
With regard to the cases mentioned in (1) and (3), the controller shall take appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express one's own point of view and heard to challenge the decision.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you are of the opinion that the processing of personal data concerning you is contrary to violates the GDPR.
The supervisory authority to which the complaint was submitted will inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.
VII. Social media
1. Twitter
For the short message service offered here, masem research institute GmbH uses the technical platform and services of Twitter Inc., 13 55 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland is responsible for data processing of persons living outside the United States.
We would like to point out that you use the Twitter short message service offered here and its functions at your own risk. This applies in particular to the use of interactive functions (e.g. sharing, rating). Information about which data is processed by Twitter and for what purposes can be found in Twitter's data protection declaration. Twitter Inc. is committed to the principles of the EU-US Privacy Shield.
masem resarch institute GmbH has no influence on the type and extent of data processed by Twitter, the type of processing and use or the transfer of this data to third parties.
2. XING
Our website contains a link from the AG to the Xing website. When you access this website, your browser will briefly establish a connection to XING SE (“XING”) servers, which provide the “XING Share Button” functions (in particular the calculation/display of the meter value). XING does not store any of your personal data when you access this website. In particular, XING does not store any IP addresses. There is also no evaluation of your usage behavior via the use of cookies in connection with the “XING Share button”. You can access the current data protection information about the “XING Share button” and additional information on this website.
3. LinkedIn
Our website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Every time one of our pages that contains LinkedIn functions is accessed, a connection is established to LinkedIn servers. LinkedIn is informed that you have visited our website with your IP address. If you click on LinkedIn's “Recommend button” and are logged into your LinkedIn account, LinkedIn will be able to assign your visit to our website to you and your user account. We would like to point out that, as providers of the pages, we have no knowledge of the content of the data transmitted or how it is used by LinkedIn. Further information can be found in LinkedIn's data protection declaration.
LinkedIn is committed to the principles of the EU-US Privacy Shield. You can find out more about this here.