Data Protection

Data protection declaration

This data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and contents as well as external online presences, e.g. our social media profile (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “party responsible”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (DSGVO – GDPR).

Party responsible

conap GmbH
Kaiserstraße 100
TPH3-A UG
52134 Herzogenrath

E-Mail: office@conap.biz

Authorized Managing Director: Dipl.-Ing. Alwin Penners

Contact Data Protection Officer: ap@conap.biz

Types of data processed:

– Inventory data (e.g. names, addresses).
– Contact data (e.g. e-mail, telephone numbers).
– Content data (e.g. text inputs, photographs, videos).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta/communication data (e.g. device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (hereinafter referred to as “users”).

The purpose of data processing

– Provision of the online offer, its functions and contents.
– Response to contact requests and communication with users.
– Security measures.
– Reach measurement / marketing.

Terms used

“Personal data” refers to all information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person is regarded as identifiable, if he/she can be directly or indirectly identified, especially by means of association with an identifier such as a name, with an identification number, with location data, with an online ID (e.g. cookies) or with one or several special features reflecting the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

“Processing” refers to any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data. The term is broad and covers virtually every aspect of dealing with data.

“Pseudonymisation” refers to the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data is not attributed to an identified or an identifiable natural person.

“Profiling” refers to any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

“Responsible party” refers to the natural or legal person, authority, institution or other body which alone or together with others decides on the purposes and means of processing personal data.

“Processor” refers to a natural or legal person, authority, institution or other body processing personal data on behalf of the responsible party.

Applicable legal bases

In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consents is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for the processing for the fulfilment of our services and the execution of contractual measures as well as the answering of enquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for the processing for the fulfilment of our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for the processing for the protection of our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 Para. 1 lit. d GDPR applies as the legal basis.

Security measures

We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons, in accordance with Article 32 GDPR.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data risks. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly presettings (Art. 25 GDPR).

Cooperation with contract processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 lit. b GDPR for contract fulfilment is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this shall be on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third-party country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this shall only take place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process the data in a third country or have the data processed in a third country if the particular requirements of Art. 44 ff. GDPR are met. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

Rights of the data subject

You have the right to request confirmation as to whether the data concerned is being processed and to request information about such data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction of the processing of the data in accordance with Art. 18 GDPR.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request its transmission to other responsible parties.

Furthermore, in accordance with Art. 77 GDPR you have the right to lodge a complaint with the competent supervisory authority.

Withdrawal

You have the right to revoke consents granted pursuant to Art. 7 para. 3 GDPR with future effect.

Right of objection

You can object to the future processing of the data concerning you in accordance with Art. 21 GDPR at any time. The objection may be lodged in particular against processing for direct advertising purposes.

Cookies and right of objection to direct advertising

Cookies are small files that are stored on the user’s computer. Different data can be stored within such cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his/her visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his/her browser. For example, the content of a shopping basket in an online shop or a login status can be stored in such a cookie. Cookies that are referred to as “permanent” or “persistent” remain stored even after the browser is closed. In that way, for example, the login status can be saved if users visit it after several days have passed. Likewise, the interests of users may be stored in a cookie of this nature and used for range measurements or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the party responsible for operating the online offer (otherwise, if they are the party’s own cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and clarify this within the framework of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Cookies already saved can be deleted in the system settings of the browser at any time. Deactivating the use of cookies may restrict some of this site’s functionality.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ Furthermore, you can deactivate the storage of cookies in the browser settings. Please note that in this case not all functions of this online offer can be used.

Deletion of data

The data processed by us will be deleted or its processing restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data is not erased because it is necessary for other and legally permissible purposes, the processing of the data will be restricted. This means that the data shall be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, the storage shall be in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).

In accordance with legal requirements in Austria, storage shall be carried out in particular for 7 years in accordance with § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

Business-related processing

Additionally, we process
– Contract data (e.g. subject matter of the contract, duration, customer category).
– Payment data (e.g. bank account, payment history)
of our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Agency services

We process our customers’ data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.

We process inventory data (e.g. customer master data, such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of the contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. as part of the evaluation and performance measurement of marketing measures). We do not process special categories of personal data unless these are part of commissioned processing. This includes our customers, prospects, their customers, users, website visitors or employees, as well as third parties. The purpose of the processing is to provide contractual services, billing and our customer service. The legal basis of the processing results from Art. 6 para. 1 lit. b GDPR (contractual services), Art. 6 para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data which is necessary to justify and fulfil the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary within the framework of an order. When processing the data provided to us within the scope of an order, we shall act in accordance with the instructions of the client and the legal requirements for order processing pursuant to Art. 28 GDPR and process the data for no other purposes than those stipulated in the order.

We shall delete the data after expiry of legal warranty and comparable obligations. The necessity of storing the data is checked every three years; in the case of statutory archiving obligations, deletion takes place after its expiry (6 years, in accordance with § 257 para. 1 HGB, 10 years, in accordance with § 147 para. 1 AO). In the case of data disclosed to us within the scope of an order by the customer, we shall delete the data in accordance with the specifications of the order, generally after the end of the order.

Making contact

When contacting us (e.g. via contact form, e-mail, telephone or social media), the user’s details for processing the contact enquiry and its processing will be handled pursuant to Art. 6 para. 1 lit. b. (in the context of contractual/pre-contractual relationships), Art. 6 para. 1 lit. f. (other inquiries) GDPR. User information can be stored in a customer relationship management system (“CRM system”) or comparable request organization system.

We delete the enquiries insofar as they are no longer required. We review this requirement every two years; the statutory archiving obligations also apply.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface (and thus integrate Google Analytics and other Google marketing services into our online offering, for example). The Tag Manager itself (which implements the tags) does not process any personal data of the users. With regard to the processing of users’ personal data, reference is made to the following information about Google’s services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.

Google Analytics

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) we use Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about users’ use of this website is generally transmitted to a server of Google in the United States and saved there.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

On our behalf, Google will use this information to evaluate the use of our online offering by the user, to compile reports on the activities within this online offering and to provide us with other services related to the use of this online offering and the Internet. Pseudonymous usage profiles of users may be created from the processed data in this respect.

We use Google Analytics only with activated IP anonymization. That means that within member states of the European Union or other contracting states of the Agreement on the European Economic Area your IP address will be truncated by Google beforehand. Only in exceptional cases will the full IP address be sent to a Google server in the USA and truncated there.

The IP address that your browser transmits will not be associated with any other data held by Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and processing this data by Google by downloading and installing the browser plug-in available under the following link:
http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on data use by Google, possible settings and objections can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) ) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

Users’ personal data will be deleted or made anonymous after 14 months.

Google Universal Analytics

We use Google Analytics in its form as „Universal-Analytics“. „Universal Analytics“ refers to a process by Google Analytics in which the user analysis is based on a pseudonymous user ID, and a pseudonymous profile of the user with information from the use of various devices is created (so-called “cross-device tracking”).

Target group formation with Google Analytics

We use Google Analytics to display the ads placed by Google and its partners within advertising services only to users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are determined by the web pages visited) that we transmit to Google (so-called “remarketing” or “Google Analytics audiences”). With the help of remarketing audiences, we would also like to ensure that our advertisements correspond to the potential interest of the users.

Google AdWords and conversion measurement

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) we use the services provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

We use Google’s online AdWords marketing tool “AdWords” to place ads on the Google advertising network (e.g. in search results, in videos, on websites, etc.) so that they are displayed to users who have a suspected interest in the ads. This allows us to display ads for and within our online offer more specifically in order to present users only ads that potentially correspond to their interests. For example, if a user is shown ads for products in which he is interested in other online offers, this is referred to as “remarketing”. For these purposes, when our and other websites on which the Google Advertising Network is active are accessed, Google directly executes a code from Google and so-called (re)marketing tags (invisible graphics or code, also known as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). In this file it is noted which websites the user visits, which contents he/she is interested in and which offers the user has clicked on, technical information on the browser and operating system, referring websites, visiting time and further information on the use of the online offer.

Furthermore, we receive an individual “conversion cookie”. The information collected by means of cookies serve Google to aggregate conversion stats for us. However, we only see the total number of anonymous users who clicked on our ad and were redirected to a page with a conversion tracking tag. We do not obtain any information that can be used to identify users personally.

The data of the users is processed pseudonymously in the context of the Google advertising network. This means that Google does not store and process, for example, the names or email addresses of users, but processes the relevant data in a cookie-related manner within pseudonymous user profiles. This means that, from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without such pseudonymisation. The information collected about the users is transmitted to Google and stored on Google’s servers in the USA.

Further information on data use by Google, possible settings and objections can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) ) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

Online social media presence

We maintain online presences on social networks and platforms in order to communicate with active customers, interested parties and users, and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.

Unless otherwise stated in our data protection declaration, we process the data of users who communicate with us within social networks and platforms, e.g. write articles on our websites or send us messages

Integration of third-party services and content

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR), we make use of content or services offered by third-party providers in order to provide their content and services such as videos or fonts (collectively referred to as “content”).

This always presupposes that the third-party providers of this content can see the IP address of users, since without the IP address they would not be able to send the content to the users’ browsers. The IP address is therefore necessary to display such content. We strive to use only content from providers who use the IP address to deliver content, and for nothing else. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Through these “pixel tags”, information such as the visitor traffic on these pages can be evaluated. The pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offering. It may also be linked to such information from other sources.

Vimeo

We can include the videos of the platform “Vimeo” of the provider Vimeo Inc, Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Data protection declaration: https://vimeo.com/privacy. We point out that Vimeo may use Google Analytics and refer to the privacy policy (https://www.google.com/policies/privacy) ) and opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google’s settings for data use for marketing purposes (https://adssettings.google.com/.).

Youtube

We integrate videos from the platform “YouTube” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Maps

We integrate the maps of the service “Google Maps” of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (which is generally requested within the framework of the settings of their mobile devices). The data can be processed in the USA. Data protection declaration: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Typekit fonts by Adobe

On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. GDPR), we use external “typekit” fonts of the provider Adobe Systems Software Ireland Limited, 4 -6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland. Adobe is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TNo9AAG&status=Active).

Google+

Functions and contents of the platform Google+, offered by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”), may be integrated within our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Google. Provided that the users are members of the Google+ platform, Google can assign the access to the above-mentioned contents and functions to the profiles of the respective users.

Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Further information on data use by Google, possible settings and objections can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).