Responsible body for processing according to GDPR
We welcome you on our web pages and appreciate your interest. The protection of your personal data is very important to us. Therefore, we conduct our activities in accordance with applicable personal data protection and data security legislation. Therefore, we act in accordance with the laws concerning personal data and data security. We would like to inform you below which data of your visit is used for which purpose. Should there be any further questions concerning the handling of your personal data, you are welcome to contact our data protection supervisor:
1. What is personal data?
The concept of personal data is defined in the Bundesdatenschutzgesetz and in the EU GDPR. Accordingly, these are individual details about personal or material circumstances of a specific or identifiable natural person. This includes, for example, your civil name, your address, your telephone number or your date of birth.
2. Scope of anonymous data collection and data processing
Unless otherwise stated in the following sections, no personal data is collected, processed or used when using our websites. However, we find out through the use of analysis and tracking tools certain technical information based on the data transmitted by your browser (for example, browser type/version, operating system used, our visited websites including length of stay, previously visited website). We only evaluate this information for statistical purposes.
3. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
In the processing of personal data necessary for the performance of a contract to which the data subject is a part of, art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations required to carry out precontractual actions.
Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, art. 6 para. 1 lit. c GDPR serves as the legal basis.
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 serves as the legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the former interest, art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
It is always possible to turn off the setting of cookies by changing the option in the Internet browser. The Cookies set can be deleted. It should be noted that disabling cookies may not fully exploit all features of our website. The data of the users collected in this way are pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data will not be stored together with other personal data of the users.
The legal basis for the processing of personal data using technically necessary cookies is article 6 (1) lit. f GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is provided after the user has consented to this art. 6 para. 1 lit. a GDPR.
5. Creation of log files
Each time the website is accessed, the StarCapital AG records data and information through an automated system. These are stored in the log files of the server. The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.
The following data can be collected here:
(1) Information about the browser type and version used
(2) The operating system of the user
(3) The Internet service provider of the user
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the system of the user reaches our website (referrer)
(7) Web pages accessed by the user's system through our website
If the newsletter of our company has been subscribed, the data will be transmitted in the respective input mask to the controller. The registration for our newsletter takes place in a so-called closed-loop authentication. That means, after the registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses.
When registering for the newsletter, the IP address of the user and the date and time of registration are saved. This is to prevent misuse of the service or the e-mail address of the person concerned. A transfer of the data to third parties does not take place. An exception exists if there is a legal obligation to disclose.
The data will be used exclusively for sending the newsletter. Subscription to the newsletter may be terminated by the data subject at any time. Similarly, the consent to the storage of personal data can be canceled at any time. For this purpose, there is a corresponding link in each newsletter.
The legal basis for processing the data after the user has registered for the newsletter passes after the user has given his consent, art. 6 para. 1 lit. a GDPR. The legal basis for sending the newsletter as a result of the sale of goods or services is § 7 sect. 3 UC.
7. Ways to contact
On the websites of StarCapital AG there is a contact form that can be used for electronic contact. Alternatively, contact via the provided e-mail address is possible. If the data subject contacts the controller through one of these channels, the personal data transmitted by the data subject will be automatically stored. The storage serves solely for purposes of processing or contacting the person concerned. A transfer of data to third parties does not take place. Legal basis for the processing of the data is in the presence of the consent of the user art. 6 para. 1 lit. a GDPR.
The legal basis for the processing of the data transmitted in the course of sending an e-mail is article 6 (1) lit. f GDPR. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is art. 6 para. 1 lit. b GDPR.
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.
8. Routine deletion and blocking of personal data
The controller will only process and store personal data of the data subject for as long as necessary to achieve the purpose of the storage. In addition, such storage may take place if provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible for processing is subject.
As soon as the storage purpose is removed or a storage period prescribed by the aforementioned regulations expires, the personal data is routinely blocked or deleted.
9. Rights of the data subject
If your personal data has been processed, you are affected in the sense of the GDPR and you have the following rights to the responsible person:
9.1 Right of access
You may ask the person in charge to confirm if personal data concerning you is processed by us.
If such processing is available, you can request information from the person responsible about the following information:
a. the purposes for which the personal data are processed;
b. the categories of personal data that are processed;
c. the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
d. the planned duration of the storage of your personal data or criteria for determining the duration of storage if specific information is not available;
e. the existence of a right to rectification or deletion of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
f. the existence of a right of appeal to a supervisory authority;
g. all available information about the source of the data if the personal data are not collected from the data subject;
h. the existence of automated decision-making including profiling under article 22 (1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether the personal data relating to you is transferred to a third country or to an international organization. In this connection, you can request the appropriate guarantees in accordance with art. 46 GDPR in connection with the transmission of information.
9.2 Right of rectification
You have a right to rectification and/or completion to the controller, if the processed personal data concerning you is incorrect or incomplete. The responsible person must make the correction without delay.
9.3 Right of restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
a. if you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
b. the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
c. the controller no longer requires personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
d. if you objected to the processing pursuant to art. 21 (1) GDPR and have not yet determined whether the legitimate reasons of the person responsible outweighed your reasons.
If the processing of personal data concerning you has been restricted, this data – except for your storage – may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or a member State.
If the limitation of the processing under the conditions mentioned above are restricted, you will be informed by the person in charge before the restriction is lifted.
9.4 Right of cancellation
9.4.1 You may require the controller to delete your personal information without delay, and the controller shall promptly delete that information if any of the following is true:
a. Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
b. You revoke your consent to the processing pursuant to art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for processing.
c. Pursuant to art. 21 para. 1 GDPR you give objection to the processing and there are no prior justifiable reasons for the processing, or pursuant to art. 21 (2) GDPR you give objection to the processing.
d. Your personal data has been processed unlawfully.
e. The deletion of personal data concerning you is required to fulfill a legal obligation under Union law or the law of the member States to which the controller is subject.
f. The personal data concerning you was collected in relation to information society services offered pursuant to art. 8 para. 1 GDPR.
9.4.2 If the person in charge has made the personal data concerning you public and pursuant to article 17 (1) of the GDPR is required to delete it, is taking due account of the technology available and the costs of implementation, including appropriate technical measures, to inform data controllers who process the personal data that you have requested the deletion of any links to such personal data or copies or replications of such personal data.
9.4.3 The right to deletion does not exist if the processing is necessary
a. to exercise the right to freedom of expression and information;
b. to fulfill a legal obligation required by the law of the Union or of the member States to which the controller is subject, or to perform a task of public interest or in the exercise of official authority conferred on the controller;
c. for reasons of public interest in the field of public health pursuant to art. 9 (2) lit. h and i and art. 9 (3) GDPR;
d. for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to article 89 (1) of the GDPR, in so far as the law referred to in paragraph 1 is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
e. to assert, exercise or defend legal claims.
9.5 Right of information
If you have the right of rectification, erasure or restriction of processing to the controller, he/she is obliged to notify all recipients to whom your personal data has been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.
You have a right to the person responsible to be informed about these recipients.
9.6 Right of Data Portability
You have the right to receive the personal information that you provide to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
a. the processing on a consent acc. art. 6 para. 1 lit. a GDPR or art. 9 para. 2 lit. a GDPR or on a contract acc. art. 6 para. 1 lit. b GDPR is based and
b. the processing is done by automated means.
In exercising this right, you also have the right to obtain the personal data concerning you directly from one person responsible to another person responsible, as far as technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.
9.7 Right to object
You have the right at any time, for reasons that arise from your particular situation, to object against the processing of your personal data, which pursuant to art. 6 para. 1 lit. e or f GDPR takes place; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate reasons for processing that outweigh your interests, rights and freedoms, or the processing is intended to assert, exercise or defend legal claims.
If the personal data relating to you is processed for direct marketing purposes, 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 associated with such direct advertising.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of directive 2002/58/EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.
9.8 Right to revoke the data protection consent declaration
You have the right to revoke your data protection consent declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9.9 Automated decision on a case-by-case basis, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on you or, in a similar manner, significantly affects it. This does not apply if the decision
a. is required for the conclusion or performance of a contract between you and the controller,
b. is permissible on the basis of Union or member State legislation to which the controller is subject, and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
c. with your express consent.
However, these decisions must not be based on special categories of personal data pursuant to art. 9 (1) GDPR, unless art. 9 (2) lit. a or g and reasonable procedures have been taken to protect the rights and freedoms and your legitimate interests.
Regarding the cases mentioned in a. and c., the person responsible shall take reasonable steps to safeguard the rights and freedoms and your legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his or her own position and to contest the decision.
9.10 Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the member State of its place of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data violates against GDPR.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under article 78 of the GDPR.
10. Disclosure of data to third parties
10.1 Google Analytics and Conversion Tracking
Description and purpose
This website uses the service "Google Analytics", which is provided by Google LLC. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA) to analyse the use of the website by users. The service uses "cookies" - text files which are stored on your end device. The information collected by the cookies is usually sent to a Google server in the USA and stored there. If necessary, Google Analytics is used on this website with the code "gat._anonymizeIp();" extended to ensure anonymous recording of IP addresses (so-called IP-Masking). Please also note the following information on the use of Google Analytics: Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The IP address of users is shortened within the member states of the EU and the European Economic Area. This shortening means that the personal reference of your IP address is no longer necessary. Within the framework of the agreement on commissioned data, which the website operators have concluded with Google LLC, the latter uses the information collected to create an evaluation of website use and website activity and provides services associated with Internet use.
The legal basis is the norm of Art. 6 para. 1 lit. a) and Art. 49 para. 1 lit. a) GDPR, if anonymous data collection using the code "gat._anonymizeIp" does not take place. Otherwise, especially in the case of the use of "gat._anonymizeIp", Art. 6 para. 1 lit. f) GDPR is the legal basis.
Transfer to third countries
Personal data is transferred to the USA under the Art. 46 GDPR and Art. 49 GDPR.
Duration of data storage
The data sent by us and linked to cookies, user IDs (e.g. User ID) or advertising IDs are automatically deleted after 14 months. The deletion of data whose retention period has been reached is automatically carried out once a month.
Cancellation and objection option
You can prevent the storage of cookies by adjusting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser add-on. Opt-out cookies prevent the future collection of your data when visiting this website. To prevent Universal Analytics from collecting data across multiple devices, you must opt-out on all systems in use. Click here to set the opt-out cookie: Deactivate Google Analytics
Contractual or legal obligation
The provision of personal data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are also not obliged to provide the personal data. However, failure to provide it may mean that you cannot or cannot fully use this function of our website.
Further data protection information via link
10.2 Google Adwords and Conversion-Tracking
Description and purpose
The legal basis is the norm of Art. 6 para. 1 lit. a) and Art. 49 para. 1 lit. a) GDPR.
The recipient is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland. We have concluded a contract with Google for the use of Google Analytics for order processing (see Art. 28 GDPR). Google processes the data on our behalf in order to evaluate your use of the website, to compile reports on website activities for us and to provide us with further services related to website and internet use. Google may transfer this information to third parties if required by law or if third parties process this data on behalf of Google. Through the integration of Google Analytics, we pursue the purpose of analysing user behaviour on our website and being able to react to it. This enables us to continuously improve our offer. Within the scope of order processing, Google is entitled to engage subcontractors. You can find a list of these subcontractors at https://privacy.google.com/businesses/subprocessors/.
Transmission to third countries
The data is stored on Google servers in the USA. You can find a list of the subcontractors used by Google under the following link: https://privacy.google.com/businesses/subprocessors/
Duration of processing
The data will be deleted as soon as they are no longer required for the purpose of their collection. In addition, the data will be deleted if you revoke your consent or request the deletion of your personal data.
Contractual or legal obligation and consequences
The provision of personal data is not required by law or contract and is not necessary for the conclusion of a contract.
11. Data transmission in third countries
The controller may transfer personal data to a third country. In principle, the controller may provide various appropriate safeguards to ensure that an adequate level of protection is provided for the processing operations. It is possible to transfer data transfers on the basis of an adequacy finding, internal data protection rules, approved codes of conduct, standard data protection clauses or an approved certification mechanism pursuant to Art. 46 para. 2 letters a) - f) GDPR.
If the person responsible undertakes a transfer to a third country on the legal basis of Art. 49 para. 1 a) GDPR, you will be informed at this point about the possible risks of a data transfer to a third country.
There is a risk that the third country receiving your personal data may not provide an equivalent level of protection compared to the protection of personal data in the European Union. This may be the case, for example, if the EU Commission has not issued an adequacy decision for the third country in question or if certain agreements between the European Union and the third country in question are declared invalid. Specifically, there are risks in some third countries with regard to the effective protection of EU fundamental rights through the use of monitoring laws (e.g. USA). In such a case, it is the responsibility of the controller and the recipient to assess whether the rights of data subjects in the third country enjoy a level of protection equivalent to that in the Union and can be effectively enforced.
However, the basic data protection regulation should not undermine the level of protection of natural persons ensured throughout the Union when personal data are transferred from the Union to controllers, processors or other recipients in third countries or to international organisations, even if personal data are further transferred from a third country or from an international organisation to controllers or processors in the same or another third country or to the same or another international organisation.
The StarCapital AG server is hosted at Bellevue Group, Seestrasse 16, 8700 Küsnacht/Switzerland.
Here we process your inventory data, contact data, content data, contract data, usage data, meta and communication data. Since this is a transfer from a third country, StarCapital AG must ensure an adequate level of protection for the processing. For this purpose, suitable guarantees are provided in accordance with Art. 46 Par. 2 GDPR. Standard data protection clauses (EU standard contractual clauses for the transfer of personal data from the Community to third countries) have been concluded between StarCapital AG and Bellevue Group to ensure an adequate level of protection for the above-mentioned data transfer. The administration of the server continues to be the sole responsibility of StarCapital AG.
12. Integration of other services and content of third parties
It may happen that content from third parties, such as videos from YouTube, maps from Google Maps, RSS feeds or graphics from other websites are included in this online offer. This always presupposes that the providers of this content (hereinafter referred to as "third party provider") perceive the IP address of the users. Because without the IP address, they could not send the content to the browser of the respective user. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. However, we do not have any influence on this if the third parties provide the IP address e.g. to save for statistical purposes. As far as we know, we will inform users about it.
13. Duration of storage of personal data
Personal data is stored for the duration of the respective legal retention period. After expiry of the deadline, the data will be routinely deleted, unless there is a need for a contract or fulfillment of the contract.
14. Career (Education & Vacancies)
You can also apply electronically to our company. Of course, we will only use your information to process your application and will not pass it on to third parties. Please note that unencrypted e-mails are not transmitted with access protection.
We have taken extensive technical and operational safeguards to protect your data from accidental or intentional manipulation, loss, destruction or access by unauthorized persons. Our security procedures are regularly reviewed and adapted to technological progress. In addition, privacy is granted on an ongoing basis through constant auditing and optimization of the privacy organization.