A. Data protection declaration according to the DSGVO
I. Name and address of the person responsible
The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other provisions of data protection law is:
Website: www. hyconnect.de
II. General information on data processing
1. Scope of the processing of personal data
We process the personal data of our users only to the extent necessary to provide a functioning website as well as our content and services. The processing of personal data of our users takes place regularly only after consent of the user. An exception applies in those cases in which prior consent cannot be obtained for actual reasons and the processing of the data is permitted by statutory provisions.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing personal data, Art. 6 Para. 1 lit. a EU Data Protection General Regulation (DSGVO) serves as the legal basis.
Art. 6 para. 1 lit. b DSGVO serves as a legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This shall also apply to processing operations necessary for the implementation of pre-contractual measures.
If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.
In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.
3. Data erasure and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if the European or national legislator has provided for this in Union regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.
4. Terms used
“personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (e.g. a cookie) or to one or more specific characteristics which express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is regarded as identifiable.
“processing’ means any operation or set of operations which is carried out with or without the aid of automated processes and which involves personal data. The term reaches far and covers practically every handling of data.
“pseudonymisation’ means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
“profiling” means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.
controller” means any natural or legal person, public authority, agency or body which alone or jointly with others determines the purposes and means of the processing of personal data.
“processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
III. Provision of the website and creation of log files
1. Description and scope of data processing
Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer.
The following data will be collected:
(1) Information about the browser type and the version used
(2) The user’s operating system
(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 user’s system accesses our website
(7) Websites accessed by the user’s system via our website
The logfiles contain IP addresses or other data that allow an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the website or the link to the website to which the user switches contains personal data.
The data is also stored in the log files of our system. These data are not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.
The data is stored in log files in order to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f DSGVO.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data to provide the website, this is the case when the respective session is terminated.
If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.
5. Possibility of opposition and removal
The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
a) Description and scope of data processing
The following data is stored and transmitted in the cookies:
A list of the stored data follows. Examples can be:
(1) Language settings
In this way the following data can be transmitted:
The following is a list of the data collected. These can be for example:
(1) Frequency of page views
(2) Use of website functions
The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data are not stored together with other personal data of the users.
b) Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO.
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
c) Purpose of data processing
We need cookies for the following applications:
The following is a list of applications. Examples can be:
(1) Accepting language settings
The user data collected by technically necessary cookies are not used to create user profiles.
The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.
In these purposes also our legitimate interest lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO.
(d) duration of storage, possibility of objection and removal
The transmission of Flash cookies cannot be prevented via the browser settings, but by changing the settings of the Flash Player.
V. Rights of the data subject
The following list includes all rights of the persons concerned under the DSGVO. Rights that are not relevant for your own website do not have to be mentioned. The list can be shortened in this respect.
If personal data is processed by you, you are the data subject within the meaning of the DSGVO and you are entitled to the following rights vis-à-vis the person responsible:
1. Right to information
You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us.
In the event of such processing, you may request the following information from the data controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data processed;
(3) The recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if it is not possible to provide specific information in this regard, criteria for determining the duration of the storage;
(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with Article 22(1) and (4) DSGVO and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer. Right to rectification
You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The person responsible must carry out the correction immediately.
2. Right to limitation of processing
Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time which enables the person responsible to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
(3) the data controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been determined whether the justified reasons of the data controller outweigh your reasons.
Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.
If the processing restriction has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
3. Right to deletion
a) Cancellation obligation
You may request the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO was based and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 para. 2 DSGVO.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data relating to you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.
b) Information to third parties
If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 (1) DSGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.
The right to deletion does not exist if the processing is necessary.
(1) the exercise of freedom of expression and information;
(2) to fulfil a legal obligation which processing is subject to under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
(4) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to under Section a) presumably makes the realisation of the objectives of such processing impossible or seriously impairs them, or
(5) for the assertion, exercise or defence of legal claims.
4. Right to information
If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort.
They shall have the right vis-à-vis the person responsible to be informed of such recipients.
5. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate this data to another data controller without being hindered by the controller to whom the personal data was provided, provided that
(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
6. Right of objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
The controller will no longer process the personal data relating to you unless he can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling to the extent that it is connected with such direct advertising.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right of objection in relation to the use of Information Society services – notwithstanding Directive 2002/58/EC – by means of automated procedures using technical specifications.
7. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.
8. Automated decision in individual cases including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This shall not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) is authorised by Union or national legislation to which the person responsible is subject and contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data under Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms and your legitimate interests, including at least the right of the controller to obtain the intervention of a person, to present his or her point of view and to contest the decision.
9. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the DSGVO.
The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.
VI. Cooperation with contract processors, joint managers and third parties
Insofar as we disclose data to other persons and companies (contract processors, jointly responsible persons or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the fulfilment of the contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
Insofar as we disclose, transmit or otherwise grant access to data to other companies of our group of companies, this is done in particular for administrative purposes as a legitimate interest and beyond that on a basis corresponding to the legal requirements.
1. Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of the use of third party services or disclosure or transfer of data to other persons or companies, this only occurs if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the legal requirements are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or the observance of officially recognised special contractual obligations.
2. Hosting and e-mailing
The hosting services used by us serve the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service.
Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).
3. Google Analytics
Google is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European privacy laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online services by users, to compile reports on the activities within this online service and to provide us with other services associated with the use of this online service and the Internet. Pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with IP anonymization enabled. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.
Further information on the use of data by Google, setting and objection options can be found in Google’s data protection declaration (https://policies.google.com/privacy) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).
The personal data of the users will be deleted or anonymized after 14 months.
4. Google Universal Analytics
We use Google Analytics in the form of “universal analytics”. “Universal Analytics” refers to a Google Analytics process in which user analysis is performed on the basis of a pseudonymous user ID, thereby creating a pseudonymous profile of the user with information from the use of various devices (so-called “cross-device tracking”).
5. Target group formation with Google Analytics
We use Google Analytics to display ads placed by Google and its partners within our advertising services only to users who have shown an interest in our online services or who have specific characteristics (e.g. interests in specific topics or products determined on the basis of the websites visited) that we transmit to Google (so-called “remarketing” or “Google Analytics Audiences”). With the help of remarketing audiences, we also want to ensure that our ads match the potential interest of users.
6. Google AdWords and Conversion Measurement
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Civil Code), we make use of the information provided on this website. DSGVO) the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European privacy laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the Google “AdWords” online marketing method to place ads on the Google advertising network (e.g., in search results, videos, websites, etc.) so that they are displayed to users who have an alleged interest in the ads. This allows us to display ads for and within our online offering in a more targeted manner in order to present users only with ads that potentially match their interests. If, for example, a user is shown ads for products in which he is interested on other online offers, this is referred to as “remarketing”. For these purposes, when you visit our and other websites on which the Google Advertising Network is active, Google executes a Google code directly and incorporates (re)marketing tags (invisible graphics or code, also known as “web beacons”) into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). In this file it is noted which websites the user visits, which contents he is interested in and which offers the user has clicked, furthermore technical information about the browser and operating system, referring websites, visiting time as well as further information about the use of the online offer.
Furthermore we receive an individual “Conversion-Cookie”. The information collected with the help of cookies is used by Google to compile conversion statistics for us. However, we only know the anonymous total number of users who clicked on our ad and were redirected to a page with a conversion tracking tag. However, we do not receive information that personally identifies users.
User data is processed pseudonymously within the Google advertising network. I.e. Google does not store and process the name or e-mail address of the user, but processes the relevant data cookie-related within pseudonymous user profiles. This means that, from Google’s point of view, the ads are not administered and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected about users is transmitted to Google and stored on Google’s servers in the United States.
Further information on the use of data by Google, setting and objection options can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).
7. Online presences in social media
We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services.
We would like to point out that user data may be processed outside the European Union. This may entail risks for users, e.g. by making it more difficult to enforce users’ rights. With respect to US vendors certified under the Privacy Shield, we would like to point out that they are committed to complying with EU privacy standards.
Furthermore, user data is usually processed for market research and advertising purposes. For example, user profiles can be created on the basis of user behaviour and the resulting interests of users. The user profiles can in turn be used, for example, to place advertisements inside and outside the platforms which are presumed to correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behaviour and interests are stored. Furthermore, data can be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of users’ personal data is carried out on the basis of our legitimate interests in effective information for users and communication with users pursuant to Art. 6 Para. 1 lit. f. DSGVO. If the users are requested by the respective providers of the platforms to give their consent to the aforementioned data processing, the legal basis for the processing is Art. 6 Para. 1 lit. a., Art. 7 DSGVO.
For a detailed representation of the respective processing and the possibilities of objection (Opt-Out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, please do not hesitate to contact us.
– Facebook, Pages, Groups, (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on the basis of a Joint Processing Agreement – Privacy Statement: https://www.facebook.com/about/privacy/, specifically for Pages: https://www.facebook.com/legal/terms/information_about_page_insights_data , Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
– Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Datenschutzerklärung: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
– Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Statement / Opt-Out: http://instagram.com/about/legal/privacy/.
– Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Datenschutzerklärung: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.
– Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Privacy Statement / Opt-Out: https://about.pinterest.com/de/privacy-policy.
– LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland) – Datenschutzerklärung https://www.linkedin.com/legal/privacy-policy , Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.
– Wakalet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) – Privacy Statement / Opt-Out: https://wakelet.com/privacy.html.
8. Integration of third-party services and content
Within the scope of our online offer, we act on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code). DSGVO) content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of these contents. We strive to use only those contents, whose respective offerers use the IP address only for the distribution of the contents. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visit times and other information about the use of our website, as well as may be linked to such information from other sources.
Functions and contents of the Twitter service offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated into our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online service within Twitter.