1. Name and address of the data controller

PeakProfiling GmbH
Eschenallee 36
14050 Berlin
Germany
Tel.: +49(0)151 – 5916 7004
Email: [email protected]
Website: www.peakprofiling.com

is the data controller as defined by the EU General Data Protection Regulation (GDPR) and the national data privacy laws.

 

 

2. Name and address of the data protection officer

The data protection officer of the data controller is:

AGOR AG

Mr Sascha Hesse

Niddastraße 74

60329 Frankfurt am Main

 

 

3. General information about data processing

 

3.1. Extent of personal data processing

We collect and use personal data from users of our homepage only to the extent that is necessary for keeping our website, our content and our services functioning properly.

In general, we collect and use our users’ personal data only after they give their consent. An exception to this principle applies in cases where processing data is permitted by statutory provisions or when obtaining prior consent is not possible.

 

3.2. Legal basis for processing personal data

The legal basis for processing personal data is generally based on:

Art. 6 para. 1 s. 1 lit. a GDPR upon obtaining the consent of the data subject.

Art. 6 para. 1 s. 1 lit. b GDPR for processing operations that serve to fulfil a contract to which the data subject is a party. Included here are processing operations that are necessary to carry out pre-contractual measures.

Art. 6 para. 1 s. 1 lit. c GDPR for processing required to fulfil a legal obligation.

Art. 6 para. 1 s. 1 lit. d GDPR, if vital interests of the data subject or another natural person require processing of personal data.

Art. 6 para. 1 s. 1 lit. f GDPR, if processing is necessary for purposes of the the legitimate interests of our company or a third party, and the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the former interest.

 

3.3. Data erasure and data storage duration

Personal data of users will be deleted or restricted as soon as the purpose for storing the data is no longer applicable. Personal data may be stored for longer than for the original purpose, if there is applicable European or national legislation through EU regulations, laws, or other regulations, to which the data controller is subject to. Personal data is also deleted or restricted, when a mandatory storage period expires, unless the personal data is needed for concluding or fulfilling a contract.

 

4. Use of our website, general information

 

4.1. Description and scope of data processing

Every time our website is accessed, our system automatically collects data and information from the user’s computer system. The following information is collected:

Information about the browser type and version used, the user’s operating system, the user’s Internet service provider, the user’s IP address, Date and time of access.

The described data is stored in log files for our system and is not stored together with any other personal user data.

 

4.2. Purpose and legal basis for data processing

To provide our website to users, our system must store user IP addresses temporarily. Therefore, IP addresses must be stored for the duration of a users’ session.

Storage in log files is done to ensure the functionality of our website. In addition, the data is used to optimize our website and to ensure the security of our systems. Personal data that is processed in this context, is not processed for marketing purposes.

The legal basis for the temporary storage of data and log files is our legitimate interest according to Art. 6 para. 1 s. 1 lit. f GDPR.

Collecting this personal data and storing it in log files is essential to secure, provide and operate our website. Therefore, an option to object to processing in this context does not exist.

 

4.3. Duration of storage

Your data will be deleted as soon as it is no longer necessary for achieving the purpose it was processed for. Personal data that is processed in order to provide our website will be deleted after your session ends.

If your data is stored in log files, it will be deleted after seven days at the latest. It may be stored for longer, whereby the IP addresses of users are deleted or alienated. This means, that it will no longer be possible, to assign them to individual clients.

 

5. General information about cookie usage

We use cookies on our website. Cookies are text files that are stored in your Internet browser and therefore on your computer system. If you display any website, a cookie can be stored on your operating system. Cookies can contain characteristic strings that allow unique identification of browsers.

We use cookies to make our homepage more user friendly. Some elements of our website require that your browser can be identified even after leaving our website.

The following data is stored and transmitted:

Consent data

The legal basis for processing personal data using cookies is defined in Art. 6 para. 1 s. 1 lit. f GDPR. The purpose for using technically required cookies is to simplify the use of our website.

We would like to point out that some functions on our website can only be offered if cookies are enabled.

This applies to the following applications:

Consent banner

We do not use personal data collected with technically necessary cookies to create user profiles.

Cookies are stored on the user’s computer, which transmits them to our page. As a user, you therefore have control over the use of cookies. You can restrict or disable transmission of cookies by making changes to your Internet browser settings. There you can also delete cookies that have been stored. Please note that you may not be able to use all the features on our website if you deactivate cookies.

The legal basis for the processing of personal data using cookies for analysis and advertising purposes is Art. 6 para. 1 s. 1 lit. a GDPR if the user has given his consent.

 

6. TTDPA; Ger.: TTDSG

The legal basis for the storage of cookies, device identifiers and similar tracking technologies or for the storage of information in the end user’s terminal equipment and access to this information is the European ePrivacy Directive in conjunction with the Telecommunications and Telemedia Data Protection Act (TTDPA; Ger.: TTDSG).

Please note that the legal basis for the processing of personal data collected in this context then results from the GDPR. The relevant legal basis for the processing of personal data in each specific case can be found below the respective cookie or the respective processing itself.

The primary legal basis for the storage of information in the end user’s terminal equipment – consequently in particular for the storage of cookies – is their consent, §25 Abs.1 S.1 TTDPA (Ger.: TTDSG). Consent is given when visiting our website – although this does not have to be given, of course – and can be revoked at any time in the cookie settings.

According to §25 Abs.2 Nr.2 TTDPA (Ger.: TTDSG), consent is not required if the storage of information in the end user’s terminal equipment or access to information already stored in the end user’s terminal equipment is absolutely necessary for the provider of a telemedia service to be able to provide a telemedia service expressly requested by the user. You can see from the cookie settings which cookies are to be classified as absolutely necessary (often also referred to as “technically necessary cookies”) and therefore fall under the exception of §25 Para.2 TTDPA (Ger.: TTDSG) and therefore do not require consent.

 

7. Your rights/rights of the data subject

According to the EU General Data Protection Regulation, as data subject you have the following rights:

 

7.1. Right of access by the data subject

You have the right to obtain confirmation as to whether or not personal data concerning you is being processed by us. You also have the right to receive personal data about you, that is processed by us as well as further information regarding that data in accordance with Art. 15 GDPR.

 

7.2. Right to rectification

If we process your personal data incorrectly or in an incomplete manner, then you have a right for it to be corrected/completed without undue delay.

 

7.3. Right to restriction of processing

Within the extent of Art. 18 GDPR, you have the right to obtain from us the restriction of processing of personal data concerning you.

 

7.4. Right to erasure

If the conditions set out in Article 17 GDPR apply, you may request that the personal data relating to you be deleted without undue delay.

We would like to point out that the right to erasure does not apply to the extent that processing is necessary for one of the exceptional circumstances mentioned in Art. 17 para. 3. GDPR.

 

7.5. Right to be notified

If you make use of your right to rectification, restriction, or erasure, we as data controller are obligated to communicate your request to each recipient to whom the personal data have been disclosed unless this proves impossible or involves disproportionate effort. Furthermore, you have the right to be informed about those recipients.

 

7.6. Right to data portability

According to Art. 20 GDPR you have the right to receive personal data you have provided us and that concerns you in a structured, common and machine-readable format. You also have the right, to request the transfer of such personal data to another controller.

 

7.7. Right to withdraw consent

If we process your personal data based on your consent in accordance with Art. 6 par. 1 s. 1 lit. a GDPR or Art. 9 par. 2 GDPR, you have the right to withdraw your consent at any time. Withdrawing your consent does not affect the lawfulness of processing that was carried out prior to your withdrawal.

 

7.8. Right to object

According to Art. 21 GDPR, you have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you, when it is processed on the basis of Art. 6 par. 1 s. 1 lit. e GDPR or Art. 6 par. 1 s. 1 lit. f GDPR.

 

7.9. Automated individual decision-making, including profiling

According to Art. 22 GDPR you have the right, to not be subject of a decision based solely on automated processing, including profiling, which produces legal effects concerning you or that affects you similarly.

 

7.10. Right to complain to a supervisory authority

If you believe that we process your personal data in violation to the GDPR, you have the right to complain to a supervisory authority, in the member state of your place of residence, employment or the location of the alleged infringement.

 

8. Data transfers to third countries (outside of the EU):

The GDPR ensures an equally high level of data protection within the European Union. When selecting our service providers, we therefore rely on European partners wherever possible when your personal data is being processed. Within some exceptions we may process personal data outside the EU through third-party services. This may only be the case where the special requirements in accordance with Art. 44 et. seq. GDPR are fully met. This means that the processing of your data may then only take place when the third country has been declared to ensure an adequate level of protection by the European Commission or if the European Standard Contractual Clauses have been signed.

 

9. Contact form and contact via e-mail

On our website you can find a form that you can use to contact us. The data you enter is transmitted to us, and we process it for communication purposes. This data includes:

first Name, last Name, e-mail address, message

The following data is also stored, once your message has been sent:

IP address, Date and time of registration

It is also possible to contact us via the provided email address. In this case, your personal data is transmitted via e-mail will then be processed by us. A transfer of your data to third parties will not take place in this context; your data will be processed exclusively for communication purposes.

Communication via e-mail or through our contact form regularly concerns contracts or the initiation of such. Therefore, the legal basis for processing your personal data in this context is Art. 6 para. 1 s. 1 lit. b GDPR.

If further personal data is processed within the communication process, this only serves the prevention of misuse of our contact form and to ensure the security of our systems.

Your data will be deleted as soon as it is no longer necessary for achieving the purpose it was processed for. Regarding the contact form and e-mail communication, this is the case when the respective conversation with the user has ended. The conversation has ended when the circumstances reveal, that all relevant facts have been clarified.

Additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

 

10. Social Media

 

10.1. Social media presence

We maintain fan pages within social networks to communicate with customers, prospects and users who are active there and to inform them about our services.

We would like to point out that your personal data may be processed outside the European Union, which may pose risks to you (e.g. in enforcing your rights under European/German law).

These users’ data is usually processed for market research and advertising purposes. Thus, for example, user profiles that are created based on the user’s behaviour and interests. These profiles can be used to place advertisements that allegedly is within the users’ interests. For these purposes, technologies such as cookies are used to observe the user’s behaviour and to evaluate each user’s interests. The generated profiles can extend beyond a single device and track you independently across multiple devices.

Processing personal user data is based on our legitimate interests in an effective communication with users in accordance with. Art. 6 para. s.1 lit. f. GDPR.  If users giver their consent over processing of their personal information by a social network (which is the case, if they declare their agreement, for example, by ticking a check box or clicking on a button to consent)., the legal basis for processing user info is Art. 6 para. s.1 lit. a., Art. 7 GDPR.

You can find additional information about how your personal data is processed in the links listed below. There you can also find options on how you can object to processing of personal data. Please note, that your right of access and other rights as a data subject regarding this data have to be exercised towards the provider of the social network. Of course, we are available for questions and support if you need help.

 

LinkedIn

LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland

Data Privacy Policy https://www.linkedin.com/legal/privacy-policy

Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

 

11. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies,” text files that are stored on your computer and they allow how you use the website to be analyzed. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the US and stored there. However, if IP anonymization is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases the full IP address is sent to a Google server in the US and then shortened there. On behalf of the provider of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website and Internet usage to the website provider.

The IP address provided by Google Analytics within the framework of Google Analytics will not be merged with other data provided by Google.

You can prevent the storage of cookies by enabling a corresponding setting in your browser software; however, please note that if you do this, you may not be able to fully use all the features of this website. You may also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) as well as prevent Google from processing this data by downloading and installing the browser plug-in available under the following link http://tools.google.com/dlpage/gaoptout?hl=de.

We use Google Analytics to analyze and regularly improve the use of our website. We use the statistics to improve our offer and make it more interesting for you as a user. The legal basis for using Google Analytics is your consent, as defined in Art. 6 para. 1 s. 1 lit. a GDPR.

Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.

User conditions: https://marketingplatform.google.com/about/analytics/terms/us/

Data privacy policy: https://policies.google.com/privacy?hl=en

 

12. Content Delivery Networks (CDN)

This site uses so-called Content Delivery Networks to provide popular online libraries and web fonts. Access is then made directly to the servers of the operators, so that data such as the calling IP address, referrer, browser information, etc. accrue there.

The legal basis for this is our legitimate interests pursuant to Art. 6 para. 1 s. 1 lit. f GDPR to present our site in a needs-oriented manner and to optimize the user experience.

You can prevent the collection as well as the processing of your data by CDNs by deactivating the execution of script code in your browser or by installing a script blocker in your browser (you can find such a blocker e.g., at www.noscript.net).

 

12.1.     Google Web Fonts

We integrate the fonts (“Google Web Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, on the basis of our legitimate interests pursuant to Art. 6 para. 1 s. 1 lit. f GDPR. The aim is the optimization and economic operation of our homepage.

The privacy policy of the provider can be found at: https://www.linkedin.com/legal/privacy-policy

The opt-out can be set at: https://adssettings.google.com/authenticated

 

12.2.     Lottiefiles

We use lightweight, scalable animations called “lottiefiles” on our website. Those are provided by Design Barn Inc. 7302 Royal Oaks, Pleasanton, CA 94566. The aim is to make our website more appealing for users. Therefore, in this context personal data is being processed based on our legitimate interests pursuant to Art. 6 para. 1 s. 1 lit. f GDPR.

The privacy policy of the provider can be found at:

https://lottiefiles.com/page/privacy-policy

 

13. Google Tag Manager

This website uses Google Tag Manager. Google Tag Manager is a solution that allows marketers to manage website tags through one interface. The Tag Manager tool itself (which implements the tags) is a cookie-less domain and does not collect any personal data. The tool triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If a deactivation has been made at the domain or cookie level, this remains in place for all tracking tags that are implemented with Google Tag Manager.

The legal basis for the use of the technically necessary cookie is the legitimate interest of the website operator pursuant to Art. 6 para. 1 s. 1 lit. f GDPR.

Further information can be found in the terms of use of the provider at: https://www.google.com/intl/de/tagmanager/use-policy.html

 

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