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Data protection declaration

Information Statement (Privacy Policy)

Preamble:

The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the legal provisions (EU-GDPR, TKG, BDS G). This data protection declaration informs you about the type, scope and purpose of the processing of personal data on this website. With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Art. 4 of the G eneral Data Protection Regulation (GDPR). For more information on the General Data Protection Regulation, please refer to the Official Journal of the European Union on the General Data Protection Regulation (Regulation (EU) 2016/679).


  1. Name and address of the controller:

    The controller within the meaning of the Ge neral Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

    Mt GmbH
    Balcke-Dürr-Allee 9
    D-40882 Ratingen
    Phone: +49 21 02 30961-0
    Fax: +49 2102 30961-101
    Email: info@mt-itsolutions.com
    Website: www.mt-itsolutions.com

    Management Board: Jürgen Allmich, Siegfried Lassak


  2. Name and address of the data protection officer:

    The data protection officer of the controller is:

    Josef Modlich
    Mt GmbH
    Balcke-Dürr-Allee 9
    D-40882 Ratingen
    Phone: +49 2102 30961-0
    Email: josef.modlich@mt-itsolutions.com
    Website: www.mt-itsolutions.com

    Any data subject may contact our data protection officer directly at any time with any questions or suggestions regarding data protection.


  3. Categories of data subjects:

    Visitors and users of the online offer (hereinafter the data subjects are also collectively referred to as "users").


  4. Types of data processed:

    - Invento ry data (e.g. names)
    Contact data (e.g. email addresses)
    - Content data (e.g. text entries)
    - Usage data (e.g. websites visited, access times)
    - Meta/communication data (e.g., device information, IP addresses)


  5. Purpose of processing:

    - Provision of the online offer, its functions and contents
    - Responding to contact requests and communicating with users
    - Security measures


  6. Collection, processing and use of personal data:

    Order form: Personal data will be collected, processed and used from you for the order. This data includes:

    - First and last name of the purchaser
    - Selection of the topic for which the c oaching program is to be booked
    - Billing address information (e.g. company name, address, email address)
    - Remarks
    - Desired date

    If you complete the order, the data you entered will be stored in the database for the purpos e of processing the request and processed in accordance with Art. 6 para. 1 lit. a, b GDPR. We use this data to be able to plan the desired appointment and contact the buyer. In addition, the information on the billing address is necessary for invoic ing. The data will only be collected, processed and used for the stated purpose within the framework of the legal provisions. The data will not be passed on to third parties. The stored data will be deleted if they are no longer required for the purp oses for which they were collected, but at the latest after the end of the event.

    Notifications via email: When a user books a web conference via the order form, an automatically generated email is generated and sent to the u ser and the event organizer. The following data will be transmitted:

    - First and last name of the purchaser
    - Billing address information (e.g. company name, address, email address)
    - Selection of the topic for which the coaching program is to be booked
    - Remarks
    - Desired date
    - Coupon code (if present)

    The emails sent are confirmation messages to the above addressees. The email address will be used for the delivery of the email notification to the respective addressee. The first and last name of an addressee is used for the form of address within the email notification. The legal basis for this is Art. 6 para. 1 lit. a, f GDPR.


  7. Collection of personal data when visiting our website:

    In the case of mere informational use of the website, i.e. if you do not place an order or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 para. 1 p. 1 lit. f GDPR):

    - IP address
    - Date and time o f the request
    - Time zone difference to Greenwich Mean Time (GMT)
    - Content of the request (concrete ID of the application and page)
    - User name of the user (if logging in via the APEX login page)
    - session ID of the user
    - N ames of transferred session items
    - Access status/HTTP status code
    - amount of data transferred in each case
    - Website from which the request comes
    - Web browser
    - Operating system and its interface
    - Language and versio n of the web browser software


  8. Use of cookies:

    This website uses cookies to provide all functions. You have the option of preventing cookies from being stored on your computer by making the appropriate browser se ttings and deleting cookies already stored in the browser settings. Please note that the website can then still be called up, but some functions, such as completing the order process, will then only work to a limited extent or not at all.

    "Cookies" are small text files that are stored in the user's browser. They make it possible to personalize content and provide functions.

    This website uses the following types of cookies, the scope and functionality of which are explained below:

    - Transient cookies (for this purpose see a)
    - Persistent cookies (for this purpose see b)

    a) Transient cookies are automatically deleted when you close the browser. These include, in particular, session cookies. The se store a so-called session ID, with which various requests of your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close t he browser.

    b) Persistent cookies are deleted automatically after a specified period of time, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.


  9. Google reCAPTCHA:

    This website uses Google reCAPTCHA (hereinafter "reCAPTCHA"), a captcha service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authent icated.

    Google reCAPTCHA is used to ensure that entries made on our website are actually made by real people and not automated, e.g. by software (so-called "robots").

    For this purpose, reCAPTCHA (No CAPTCHA reCAPTCHA) displays a clickable checkbox "I'm not a robot". In doing so, reCAPTCHA analyzes the user's behavior on the basis of various characteristics as soon as the user visits the website. After clicking on the checkbox, you may also be shown various images which you must assign to a predefined image motif by clicking on the relevant images (e.g. selection of all images with cars).

    The integration of reCAPTCHA takes place via an interface ("API") to the Google services. By integrating reCAPT CHA, Google may collect information (including personal data) and process it. In doing so, it cannot be ruled out that Google also transmits the information to a server in a third country.

    reCAPTCHA may use cookies that are stored on your device and allow an analysis of the use of the websites you visit. In addition, reCAPTCHA also uses so-called "WebBeacons", i.e. small pixels or graphics. The information generated by the cookie, if applicable in connection with the WebBeacon, about your use of this website (including your IP address) is transmitted to a Google server, possibly in the USA or other third countries, and stored there. For more information on how reCAPTCHA works, please visit https://developers.google.com/recaptcha/.

    By integrating reCAPTCHA, we pursue the purpose of determining whether entries on our website are made by a real person or by a bot.

    The legal basis for the processing of personal data described here is Art. 6 (1) lit. f GDPR. Our necessary legitimate interest lies in the great benefit that the function described above has for our offer. The automated check as to whether a real person or a bot is making the entries accelerates and simplifies our workload and increases the degree of reliability of the entries made. It also prevents misuse. Google also has a legitimate interest in the collected (personal) data in orde r to improve its own services.


  10. Security measures:

    Appropriate technical and organizational measures are taken in accordance with Article 32 of the GDPR, taking into account the state of the art, the costs of imp lementation and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the ris k. The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to, input, disclosure, security, availability and segregation of the data. Proc edures have been established to ensure the exercise of data subject rights, deletion of data, and response to compromise of data. Furthermore, the protection of personal data is already taken into account during the development or selection of hardwa re, software as well as procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR). Please note that despite regular checks, complete protection again st all risks is not possible.


  11. Data subjects' rights:

    Right of confirmation: Every data subject has the right granted by the European Directive and Regulation to obtain confirmation from the control ler 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 our Data Protection Officer or another employee of the controller.

    Right of access: Every data subject 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 persona l data stored about him or her and a copy of that information. In addition, the European Directive and Regulation Legislator has granted the data subject access to the following information:

    - the purposes of processing
    - the categori es 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 organizations
    - if possible, th e 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 a right to obtain the rectification or erasure of personal data concerning him or her, or to obtain the restriction of processing by the controller, or a 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 i nformation about 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 shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

    If a data subject wishes to exercise this right of access, he or she may, at any time, contac t our data protection officer or another employee of the controller.

    Right of rectification: Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request 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 - also by means of a supplementary declaration - taking into account the purposes of the processing.

    If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact our data protection officer or another employee of the controller.

    Right of 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 th e following grounds applies and to the extent that processing is no longer necessary:

    - The personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
    - The data subject revokes his o r her 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 complia nce with a legal obligation under Union or Member State law to which the controller is subject.
    - The personal data has been collected in relation to information society services offered pursuant to Article 8(1) GDPR.

    If one of the af orementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the Mt GmbH, he or she may, at any time, contact our Data Protection Officer or another employee of the controller. The data protection offic er of Mt GmbH or another employee shall arrange for the erasure request to be complied with immediately.

    If the personal data have been made public by the Mt GmbH, and our company as the controller is obliged to erase the personal data pursuan t to Article 17 (1) of the Data Protection Regulation, the Mt GmbH shall implement reasonable measures, including technical measures, to compensate other data controllers for processing the published personal data, taking into account the available tec hnology and the costs of implementation, in order to inform the data subject that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessar y. The Data Protection Officer of the Mt GmbH or another employee will arrange the necessary in individual cases.

    Right of 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:

    - 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 defense of legal claims.
    - The data subject has objected to the processing pursuant to Article 21 (1) of the GDPR an d it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the Mt GmbH, he or she may, at any time, contact our Data Protection Officer or another employee of the controller. The data protection officer of Mt GmbH or another employee will arrange the restriction of the processing.

    Right of data port ability: 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. He or she also has 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 b ased 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 performan ce 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 hav e the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.

    In ord er to assert the right to data portability, the data subject may at any time contact the Data Protection Officer appointed by Mt GmbH or another employee.

    Right of objection: Any person affected by the processing of personal da ta has 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.

    The Mt 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.

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

    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 carri ed out by the Mt 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 p ublic interest.

    In order to exercise the right to object, the data subject may directly contact the Data Protection Officer of the Mt GmbH or another employee. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.

    Right of withdrawal of consent under data protection law: Pursuant to Art icle 7 (3) of the Data Protection Regulation, every person affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to withdraw consent to the processing of personal data at any time.

    If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, directly contact the Data Protection Officer of Mt GmbH or another employee.

    Right of complaint to a supervisory authority: Pursuant to Art. 77 GDPR, every person affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to lodge a complaint with the competent supervisory authority in the event of violations of data p rotection law. The competent supervisory authority in data protection matters is the state data protection commissioner of the federal state in which our company is based. A list of the state data protection commissioners and their contact details ca n be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html .


  12. Legal basis of processing:

    Article 6 I lit. a GDPR serves as the legal basis for our company for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or considera tion, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our comp any is subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might becom e necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital info rmation had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by a ny of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are n ot overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a cu stomer of the controller (Recital 47, Sentence 2 GDPR).


  13. Legitimate interests in the processing pursued by the controller or a third party:

    If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.


  14. Duration for which the personal data is stored:

    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, provided that it is no longer required for the fulfillment or initiation of the contract.


  15. Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide:

    We i nform 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 nec essary 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 th e 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 no t providing the personal data would be.


  16. Changes to the Data protection declaration:

    We reserve the right to change the privacy policy in light of applicable data protection regulations. The current status is Nov ember 2019.


This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer Munich, in cooperation with the data protect ion lawyer Christian Solmecke. In addition, parts of this privacy statement are based on the model privacy statement of Prof. Dr. Thomas Hoeren, Institute for Information, Telecommunications and Media Law (ITM) - Civil Law Department - of the Westfälische Wilhelms University Münster, which was developed in cooperation with staff of the DFN Association's Legal Research Unit. Text extended, adapted and translated by the application developer.