Date protection declaration

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1. Definitions

The data protection declaration of simple FM Consulting GmbH is based on the terms used by the European Directive and Ordinance Maker when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

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We use the following terms, among others, in this data protection declaration:

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(a) Personal data

Personal data is 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.

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b) Data subject

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

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(c) 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.

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d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

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e) Profiling

Profiling shall mean any automated processing of personal data which consists in 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.

 

f) 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.

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g) Controller or data controller

The controller or person responsible for processing 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.

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(h) Processor

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

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(i) Recipient

Recipient means 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.

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j) Third party

Third party means 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.

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k) Consent

Consent is any freely given specific and informed indication of his or her 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.

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2. Name and address of the controller

The controller within the meaning of the GDPR, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

 

simple FM Consulting GmbH

Kaiserswerther Str. 135

40474 Düsseldorf

Germany

Tel.: +49 (0)1578 / 2760 516 

Email: info@simplefm.de

Website: www.simplefm.de

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3. Hosting and Content Delivery Networks (CDN)

External hosting

This website is hosted by an external service provider (hoster). The personal data collected on this website is stored on the hoster's servers. This may include, for example, IP addresses, contact requests, meta and communication data, contract data, contact details, names, website accesses and other data generated via a website.

 

The hoster is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f GDPR). Our hoster will only process your data insofar as this is necessary for the fulfilment of its service obligations and will follow our instructions with regard to this data.

simple FM Consulting GmbH hosts the company website at www.wix.com.

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The privacy policy published by Wix.com Ltd., which is available at https://de.wix.com/about/privacy, provides information on the collection, processing and use of personal data by Wix.com Ltd.

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4. Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for the period of 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.

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If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

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5. Rights of the data subject

a) Right to confirmation

Every data subject has the right, granted by the European Directive and Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of the controller.

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b) Right of access

Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information.

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Furthermore, the European Directive and Regulation has granted the data subject access to the following information:

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• the purposes of the processing

• the categories of personal data processed

• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organisations

• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration

• the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by the controller, or the right to object to such processing

• the existence of a right of appeal to a supervisory authority if the personal data are not collected from the data subject: Any available information on the origin of the data

• The existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

 

Furthermore, the data subject has the right to be informed whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate safeguards in connection with the transfer.

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If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.

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c) Right of rectification

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing. If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of the controller.

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d) Right to erasure (right to be forgotten)

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary:

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• The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.

• The data subject revokes the consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.

• The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.

• The personal data have been processed unlawfully.

• The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

• The personal data have been collected in relation to information society services offered pursuant to Article 8(1) GDPR.

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If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the simple FM Consulting GmbH, he or she may, at any time, contact any employee of the controller. The employee of the simple FM Consulting GmbH will arrange for the deletion request to be complied with immediately.

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If the personal data have been made public by the simple FM Consulting GmbH, and our enterprise as the controller is obliged to delete the personal data pursuant to Article 17 (1) of the Data Protection Regulation, the simple FM Consulting GmbH shall implement reasonable measures, including technical measures, with due regard to the available technology and the cost of implementation, in order to inform other data controllers which are processing the published personal data, that the data subject has requested from those other data controllers to delete all links to or copies or replications of the personal data, unless the processing is necessary. The employee of the simple FM Consulting GmbH will arrange the necessary in individual cases.

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(e) Right to restriction of processing

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing where one of the following conditions is met:

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• The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.

• The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.

• The controller no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defence of legal claims.

• The data subject has objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

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If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the simple FM Consulting GmbH, he or she may, at any time, contact any employee of the controller. The employee of the simple FM Consulting GmbH will arrange the restriction of the processing.

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(f) Right to data portability

Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Article 6(1)(b) of the GDPR and the processing is carried out by automated means, unless the processing 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.

Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

In order to assert the right to data portability, the data subject may at any time contact any employee of the simple FM Consulting GmbH.

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(g) Right to object

Any person affected by the processing of personal data shall have the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

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The simple FM Consulting GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defence of legal claims.

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If the simple FM Consulting GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to simple FM Consulting GmbH to the processing for direct marketing purposes, simple FM Consulting GmbH will no longer process the personal data for these purposes.

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In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the simple FM Consulting GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation (GDPR), unless such processing is necessary for the performance of a task carried out in the public interest.

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In order to exercise the right to object, the data subject may directly contact any employee of the simple FM Consulting GmbH or another employee. The data subject is also free to exercise the right to object in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

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(h) Automated decisions in individual cases, including profiling.

Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and that such law lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.

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If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, the simple FM Consulting GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of the controller, to express his or her point of view and contest the decision.If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.

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i) Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the controller.

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6. Duration of the storage of personal data

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 of the contract or the initiation of the contract.

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7. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

We 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.

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8. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

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9. Plugins and tools used

The plugins and tools listed below are used on our website www.simplefm.de.

 

Google Maps

This site uses the mapping service Google Maps via an API. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

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To use the functions of Google Maps, it is necessary to store your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transmission.

 

Google Maps is used in the interest of an appealing presentation of our online offers and to make it easy to find the places we indicate on the website. This represents a legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO; the consent can be revoked at any time.

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More information on the handling of user data can be found in Google's privacy policy:

 

https://policies.google.com/privacy?hl=de.

 

Google reCAPTCHA

We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on this website. The provider is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

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The purpose of reCAPTCHA is to check whether the data input on this website (e.g. in a contact form) is made by a human being or by an automated programme. For this purpose, reCAPTCHA analyses the behaviour of the website visitor on the basis of various characteristics. This analysis begins automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, time spent by the website visitor on the website or mouse movements made by the user). The data collected during the analysis is forwarded to Google.

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The reCAPTCHA analyses run entirely in the background. Website visitors are not informed that an analysis is taking place.

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The storage and analysis of the data is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in protecting its web offers from abusive automated spying and from SPAM. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the consent can be revoked at any time.

For further information on Google reCAPTCHA, please refer to the Google Privacy Policy and the Google Terms of Use at the following links:

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https://policies.google.com/privacy?hl=de and

https://policies.google.com/terms?hl=de.

 

LinkedIn

The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is an Internet-based social network that allows users to connect with existing business contacts and to make new business contacts. Over 400 million registered people use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.

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The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection issues outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

 

With each individual call-up of our website that is equipped with a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the data subject to download a corresponding representation of the component from LinkedIn. Further information on LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. Within the scope of this technical procedure, LinkedIn receives information about which specific sub-page of our website is visited by the data subject.

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If the data subject is logged in to LinkedIn at the same time, LinkedIn recognises which specific sub-page of our website the data subject is visiting with each call-up of our website by the data subject and for the entire duration of the respective stay on our website. This information is collected by the LinkedIn component and assigned by LinkedIn to the respective LinkedIn account of the data subject. If the data subject activates a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores this personal data.

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LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the data subject is simultaneously logged into LinkedIn at the time of calling up our website; this takes place regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not want this information to be transmitted to LinkedIn, he or she can prevent the transmission by logging out of his or her LinkedIn account before accessing our website.

 

LinkedIn offers the possibility to unsubscribe from email messages, SMS messages and targeted ads as well as to manage ad settings at https://www.linkedin.com/psettings/guest-controls. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame, which may set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. LinkedIn's applicable privacy policy is available at https://www.linkedin.com/legal/privacy-policy. LinkedIn's cookie policy is available at https://www.linkedin.com/legal/cookie-policy.

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Xing

The controller has integrated components of Xing on this website. Xing is an Internet-based social network that allows users to connect with existing business contacts and to make new business contacts. Individual users can create a personal profile of themselves on Xing. Companies can, for example, create company profiles or publish job offers on Xing.

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The operating company of Xing is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.

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Each time one of the individual pages of this website operated by the controller is called up and on which a Xing component (Xing plug-in) has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective Xing component to download a representation of the corresponding Xing component from Xing. Further information on the Xing plug-ins can be found at https://dev.xing.com/plugins. Within the scope of this technical procedure, Xing receives information about which specific sub-page of our website is visited by the data subject.

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If the data subject is logged in to Xing at the same time, Xing recognises which specific sub-page of our website the data subject is visiting each time the data subject calls up our website and for the entire duration of the respective stay on our website. This information is collected by the Xing component and assigned by Xing to the respective Xing account of the data subject. If the data subject activates one of the Xing buttons integrated on our website, for example the "Share" button, Xing assigns this information to the personal Xing user account of the data subject and stores this personal data.

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Xing always receives information via the Xing component that the data subject has visited our website if the data subject is simultaneously logged into Xing at the time of calling up our website; this takes place regardless of whether the data subject clicks on the Xing component or not. If the data subject does not want this information to be transmitted to Xing, he or she can prevent the transmission by logging out of his or her Xing account before accessing our website.

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The data protection provisions published by Xing, which can be accessed at https://www.xing.com/privacy, provide information on the collection, processing and use of personal data by Xing. Furthermore, Xing has published data protection information for the Xing Share button at https://www.xing.com/app/share?op=data_protection.

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10. Objection to advertising e-mails

The use of contact data published within the scope of the imprint obligation for the transmission of advertising and information material not expressly requested is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, for example by spam e-mails.