Thank you for your interest in our company. Data protection is of great importance to the management of neotares Consult Gesellschaft mit beschränkter Haftung. Internet pages of neotares Consult Gesellschaft mit beschränkter Haftung may be used without disclosing personal data. However, use of our company’s special services via our website may require processing personal data of the data subject. Where processing personal data is necessary and has no legal basis, we request the consent of the data subject.

Personal data, such as the data subject’s name, address, email address or telephone number, is always processed in compliance with the EU General Data Protection Regulation (GDPR) and national data protection laws applicable to neotares Consult Gesellschaft mit beschränkter Haftung. This Privacy Policy informs the public about the type, scope and purpose of personal data collected, used and processed by our company. Furthermore, this Privacy Policy explains the rights to which data subjects are entitled.

As the controller, neotares Consult Gesellschaft mit beschränkter Haftung has implemented various technical and organisational measures to ensure protection of personal data processed via our website. Nonetheless, Internet-based data transfers may be subject to vulnerabilities and absolute security cannot be guaranteed. Therefore, data subjects may also submit personal data through alternative means, such as by telephone.

The Privacy Policy of neotares Consult Gesellschaft mit beschränkter Haftung is based on the terms used in the EU General Data Protection Regulation. Our Privacy Policy is intended to be clear and accessible to both the public and our customers and business partners. To ensure this, we will first explain the terms used.

Our Privacy Policy uses the following terms:

a) Personal data

Personal data means 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.

b) Data subject

Data subject means any identified or identifiable person whose personal data is processed by the controller responsible for processing.

c) Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

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

e) Profiling

Profiling means 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.

f) Pseudonymisation

Pseudonymisation means the processing of personal data in such a manner 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 to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller

Controller means 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 EU or national law, the controller or the specific criteria for its nomination may be provided for by EU or national law.

h) Processor

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

i) Recipient

Recipient means a natural or legal person, public authority, agency or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with EU or national law are not regarded as recipients.

j) Third party

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent

Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

The controller within the meaning of the EU General Data Protection Regulation, other national data protection laws and other data protection provisions is:

neotares Consult Gesellschaft mit beschränkter Haftung
Leipziger Straße 59b
60487 Frankfurt am Main
Germany

Tel.: +49 (0) 69 - 24 75 319 0
Email: info@neotares.com
Website: www.neotares.com

External data protection officer and contact person:

DDI – Deutsches Datenschutz Institut GmbH
Datenschutz@neotares.com

Internet pages of neotares Consult Gesellschaft mit beschränkter Haftung use cookies. Cookies are text files placed and stored on your computer via an Internet browser.

Many websites and servers use cookies. Cookies often have a so-called cookie ID. A cookie ID is a cookie’s unique identifier and consists of a unique character sequence which enables websites and servers to be assigned to the Internet browser on which the cookie was placed. This allows visited websites and servers to distinguish the data subject’s browser from other Internet browsers with cookies. Specific Internet browsers may be recognised and identified by their unique cookie ID.

Cookies enable neotares Consult Gesellschaft mit beschränkter Haftung to offer users of this website more user-friendly services requiring cookies.

Cookies allow the information and offers on our website to be optimised for the user. As explained above, cookies enable us to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, users of websites with cookies do not have to enter their access data every time they visit the website, since this is done by the website and the cookie placed on the user’s computer system. Another example are cookies used for online shopping carts. These cookies allow the online shop to remember every item placed into the virtual shopping cart by the customer.

Data subjects may prevent and block the placement of cookies by our website at any time via their browser settings. Furthermore, placed cookies may be erased via a browser or other software programmes. Such features are offered by all common browsers. However, disabling cookies may prevent the data subject from fully using every function of our website.

Every time it is opened by a data subject or an automated system, the website of neotares Consult Gesellschaft mit beschränkter Haftung collects general data and information. This general data and information are stored on server log files. The following may be collected:

1. Browser type and version
2. Operating system of the accessing system
3. Internet page from which the accessing system navigated to our website (so-called referrer)
4. Subpages of our website opened by the accessing system
5. Time and date of access to our website
6. Internet Protocol address (IP address)
7. Internet service provider of accessing system
8. Google Client ID which is necessary for identifying different page views of visits to our website and used for reporting, but not optimisation purposes
9. Other similar data and information to prevent risk in case of attacks on our IT systems

When using such general data and information, neotares Consult Gesellschaft mit beschränkter Haftung cannot identify the data subject. However, this information is required to:

1. Display content of our website correctly.
2. Optimise content of our website and ads.
3. Ensure functionality of our IT systems and website technology.
4. Provide necessary information to law enforcement in case of cyberattacks. This anonymously collected data and information is assessed by neotares Consult Gesellschaft mit beschränkter Haftung statistically and to increase data protection and data security and ensure an optimal level of protection of the personal data processed by us. The anonymous server log file data are stored separately from any personal data disclosed by data subjects.

Due to legal requirements, the website of neotares Consult Gesellschaft mit beschränkter Haftung enables users to contact and communicate with us electronically, including via a so-called electronic mail address (email address). When a data subject contacts our controller by email or through a contact form, the personal data transmitted by the data subject are stored automatically. Personal data disclosed by the data subject to the controller voluntarily are stored for purposes of processing or contacting the data subject. Such personal data are not transferred to third parties.

Personal data of a data subject are only processed and stored by the controller for the period necessary for the purpose of storage or required by EU or national law applicable to the controller.

When the purpose of storage no longer applies or the storage period under EU or national law expires, personal data are restricted or erased as required by law.

a) Right to confirmation

Under EU law, the data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. To exercise this right to confirmation, the data subject may contact an employee of the controller at any time.

b) Right of access

Under EU law, the data subject whose personal data are being processed may obtain from the controller access free of charge to personal data concerning him or her that are being processed as well as a copy of the provided information. Furthermore, EU law allows the data subject to obtain from the controller the following information:

Furthermore, the data subject has the right to learn whether personal data are transferred to a third country or international organisation. Where this is the case, the data subject also has the right to be informed about appropriate safeguards relating to the transfer.

To exercise this right of access, the data subject may contact an employee of the controller at any time.

• Purposes of processing
• Categories of processed personal data
• Recipients or categories of recipients to whom the personal data has been or will be disclosed, especially recipients in third countries or international organisations
• Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
• The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
• The existence of the right to lodge a complaint with a supervisory authority
• Where the personal data are not collected from the data subject, any available information as to their source
• The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

c) Right to rectification

Under EU law, the data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

To exercise the right to rectification, the data subject may contact an employee of the controller at any time.

d) Right to erasure (right to be forgotten)

Under EU law, the data subject has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and processing is not necessary:

Where one of the above grounds applies and the data subject requests erasure of personal data stored by neotares Consult Gesellschaft mit beschränkter Haftung, the data subject may contact an employee of the controller at any time. The employee of neotares Consult Gesellschaft mit beschränkter Haftung will have the personal data erased without undue delay.

Where personal data has been made public by neotares Consult Gesellschaft mit beschränkter Haftung and our company, as the controller within the meaning of Article 17(1) of the GDPR, is obliged to erase the personal data, neotares Consult Gesellschaft mit beschränkter Haftung, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, this personal data, if processing is not necessary. In individual cases necessary steps may be taken by the employee of neotares Consult Gesellschaft mit beschränkter Haftung.

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR and where there is no other legal ground for the processing.

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

The personal data have been unlawfully processed.

The personal data have to be erased for compliance with a legal obligation under EU or national law to which the controller is subject.

The personal data has been collected in relation to an offer of information society services referred to in Article 8(1) of the GDPR.

e) Right to restriction of processing

Under EU law, the data subject has the right to obtain from the controller restriction of processing where one of the following applies:

Where one of the above grounds applies and the data subject requests restriction of processing of personal data stored by neotares Consult Gesellschaft mit beschränkter Haftung, the data subject may contact an employee of the controller at any time. The employee of neotares Consult Gesellschaft mit beschränkter Haftung will have processing of the personal data restricted without undue delay.

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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.

The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

f) Right to data portability

Under EU law, the data subject has the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, unless 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, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another where technically feasible and the rights and freedoms of others are not adversely affected.

To exercise the right to data portability, the data subject may contact an employee of neotares Consult Gesellschaft mit beschränkter Haftung at any time.

g) Right to object

Under EU law, the data subject has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions.

In case of an objection, neotares Consult Gesellschaft mit beschränkter Haftung will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Where neotares Consult Gesellschaft mit beschränkter Haftung processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes by neotares Consult Gesellschaft mit beschränkter Haftung, neotares Consult Gesellschaft mit beschränkter Haftung will no longer process the personal data for such purposes.

Furthermore, where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, the data subject, on grounds relating to his or her particular situation, has the right to object to neotares Consult Gesellschaft mit beschränkter Haftung processing personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee of neotares Consult Gesellschaft mit beschränkter Haftung or another employee. Furthermore, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Under EU law, the data subject has the right 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, unless the decision (1) is necessary for entering into or performance of a contract between the data subject and a data controller or (2) is authorised by EU or national law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests or (3) is based on the data subject's explicit consent.

Where the decision (1) is necessary for entering into or performance of a contract between the data subject and a data controller or (2) is based on the data subject's explicit consent, neotares Consult Gesellschaft mit beschränkter Haftung will implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

To exercise rights related to automated decision-making, the data subject may contact an employee of neotares Consult Gesellschaft mit beschränkter Haftung at any time.

i) Right to withdraw consent

Under EU law, the data subject has the right to withdraw his or her consent to processing his or her personal data at any time.

To exercise the right to withdraw consent, the data subject may contact an employee of the controller at any time.

The controller collects and processes personal data of applicants for the purpose of processing applications, including by electronic means. This especially applies where applicants submit application documents to the controller electronically, e.g., by email or via a form on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of the employment relationship. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically erased 2 months after communicating the rejection, unless prevented by other legitimate interests of the controller in processing. Other legitimate interests within the above meaning include evidence required for proceedings under the German Act on Equal Treatment [Allgemeines Gleichbehandlungsgesetz (AGG)].

For our company, point (a) of Article 6(1) of the GDPR serves as the legal basis for processing for which we request consent for certain processing purposes. Where processing personal data is necessary for the performance of a contract to which the data subject is party, such as for processing operations necessary for delivering goods or providing other services or consideration, processing is based on point (b) of Article 6(1) of the GDPR. The same applies to processing operations necessary for steps prior to entering into a contract, such as in case of inquiries about our products or services. Where processing is necessary for compliance with a legal obligation, such as tax obligations, to which our company is subject, processing is based on point (c) of Article 6(1) of the GDPR. In rare cases, processing personal data may be necessary to protect the vital interests of the data subject or of another natural person. For example, this may apply if a visitor to our company is injured and his or her name, age, health insurance details or other vital information must be disclosed to a doctor, hospital or other third party. In this case, processing is based on point (d) of Article 6(1) of the GDPR. Finally, processing may also be based on point (f) of Article 6(1) of the GDPR where the basis for processing operations is not subject to any of the above bases, but processing is necessary for the purposes of legitimate interests pursued by our company or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We may perform such processing operations, since they are explicitly mentioned by EU lawmakers who are of the opinion that a legitimate interest may be assumed where the data subject is a client of the controller (Recital 47 Sentence 2 of the GDPR).

Where personal data are processed on the basis of point (f) of Article 6(1) of the GDPR, our legitimate interest consists of carrying out our business operations for the well-being of our employees and shareholders.

The criterion for the period for which personal data are stored is the storage period required by law. When this period ends, the data will be erased, unless they are necessary for entering into or performance of a contract.

Please note that disclosure of personal data may be required by law (e.g., tax law) or other contractual provisions (e.g., details of the contracting party). Entering into a contract may also require the data subject to disclose personal data which must be processed by us. For example, the data subject must disclose personal data to us when concluding a contract with our company. In case of non-disclosure of personal data, a contract cannot be concluded with the data subject. Before disclosing personal data, the data subject must contact one of our employees. Our employees will explain whether disclosure of personal data is required by law or contractually or necessary for contract conclusion and whether personal data must be disclosed and the consequences of non-disclosure.

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

This Privacy Policy was prepared by the privacy policy generator, Datenschutzerklärungs-Generator, of DGD Deutsche Gesellschaft für Datenschutz GmbH which serves as external data protection officer in Swabia in cooperation with the data protection lawyers of the law firm, WILDE BEUGER SOLMECKE | Rechtsanwälte.