Privacy Policy of agenos GmbH
Translation for convenience. In case of doubt, the German version shall prevail.
Data protection officer available at datenschutzbeauftragter@agenos.de
We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of agenos GmbH. Use of the agenos GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to agenos GmbH. By means of this privacy policy, our company would like to inform the public about the nature, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed by means of this privacy policy about the rights to which they are entitled.
As controller, agenos GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed through this website. Nevertheless, Internet-based data transmissions may generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions
The privacy policy of agenos GmbH is based on the terms used by the European legislator for directives and regulations when adopting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use, among others, the following terms in this privacy policy:
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, identification number, location data, 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 natural person whose personal data are processed by the controller.
c) processing
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, 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 future processing.
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 analyze or predict aspects concerning work performance, economic situation, health, personal preferences, interests, reliability, behavior, location or movements of that natural person.
f) pseudonymization
Pseudonymization 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 use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
g) controller or controller responsible for processing
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 processing personal data. Where the purposes and means of such processing are determined by Union law or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State 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 other body to which personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be 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 authorized to process personal data.
k) consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
Controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions with data protection character is:
agenos GmbH
Döbereinerstrasse 25
99427 Weimar
Germany
Tel.: +49 36 43 49 99 -0
Email: info@agenos.de
Website: https://www.agenos.de/
3. Cookies
The websites of agenos GmbH use cookies. Cookies are text files that are stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
By using cookies, agenos GmbH can provide users of this website with more user-friendly services that would not be possible without setting cookies.
By means of a cookie, the information and offers on our website can be optimized in the interests of the user. Cookies allow us, as already mentioned, to recognize users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter access data again each time the website is visited, because this is handled by the website and the cookie stored on the user's computer system. Another example is a shopping cart cookie in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.
The data subject may prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and may thus permanently object to the setting of cookies. Furthermore, cookies that have already been set may be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of agenos GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the server log files. The following may be collected: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website, so-called referrers, (4) the sub-websites accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using these general data and information, agenos GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and advertising for it, (3) ensure the long-term functionality of our information technology systems and website technology and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. Therefore, agenos GmbH analyzes anonymously collected data and information statistically and with the aim of increasing data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the option of registering on the website of the controller by providing personal data. Which personal data are transmitted to the controller is determined by the respective input form used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for the controller's own purposes. The controller may arrange for transfer to one or more processors, for example a parcel service provider, who also uses the personal data exclusively for an internal use attributable to the controller.
Registration on the controller's website also stores the IP address assigned by the Internet service provider of the data subject, the date and the time of registration. These data are stored because this is the only way to prevent misuse of our services and, if necessary, to enable committed offenses to be investigated. In this respect, storage of these data is necessary to protect the controller. These data are generally not passed on to third parties unless there is a legal obligation to pass them on or the disclosure serves criminal prosecution.
Registration of the data subject with voluntary provision of personal data serves the controller to offer the data subject content or services that, by their nature, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the controller's data stock.
The controller shall provide any data subject, at any time upon request, with information about which personal data concerning the data subject are stored. Furthermore, the controller shall correct or delete personal data at the request or notice of the data subject, provided that no statutory retention obligations prevent this. All employees of the controller are available to the data subject as contact persons in this context.
6. Contact option via the website
Due to legal requirements, the website of agenos GmbH contains information that enables quick electronic contact with our company and direct communication with us, including a general address for electronic mail. If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are stored automatically. Such personal data transmitted voluntarily by a data subject to the controller are stored for purposes of processing or contacting the data subject. These personal data are not passed on to third parties.
7. Routine erasure and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with statutory provisions.
8. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may contact an employee of the controller at any time.
b) Right of access
Every data subject has the right to obtain from the controller free information about the personal data stored concerning him or her at any time and a copy of this information. In addition, the European legislator has granted the data subject access to information about the purposes of processing, the categories of personal data concerned, the recipients or categories of recipients to whom the personal data have been or will be disclosed, the envisaged storage period or criteria for determining that period, the existence of rights to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint with a supervisory authority, the source of the data if not collected from the data subject, and the existence of automated decision-making including profiling and meaningful information about the logic involved and the significance and envisaged consequences of such processing.
Furthermore, the data subject has a right to be informed whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.
c) Right to rectification
Every data subject has the right to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of processing, the data subject also has the right to have incomplete personal data completed, including by means of a supplementary statement. If a data subject wishes to exercise this right, he or she may contact an employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every 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 reasons provided by law applies and insofar as processing is not necessary. This includes, in particular, cases where the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, consent is withdrawn and there is no other legal ground for processing, the data subject objects to processing and there are no overriding legitimate grounds, the personal data have been unlawfully processed, erasure is required by law, or the data were collected in relation to information society services.
If one of the above reasons applies and a data subject wishes to arrange for the erasure of personal data stored by agenos GmbH, he or she may contact an employee of the controller at any time. The employee of agenos GmbH will arrange for the erasure request to be complied with without undue delay.
If personal data have been made public by agenos GmbH and our company is obliged to erase them, agenos GmbH shall, taking account of available technology and implementation costs, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as processing is not necessary.
e) Right to restriction of processing
Every data subject has the right to obtain from the controller restriction of processing where one of the statutory requirements applies, in particular where the accuracy of the personal data is contested, processing is unlawful and the data subject opposes erasure, the controller no longer needs the data but the data subject requires them for legal claims, or the data subject has objected to processing pending verification of overriding legitimate grounds. If a data subject wishes to request restriction of personal data stored by agenos GmbH, he or she may contact an employee of the controller at any time.
f) Right to data portability
Every data subject has the right to receive the personal data concerning him or her, which were provided to a controller by the data subject, in a structured, commonly used and machine-readable format. The data subject also has the right to transmit those data to another controller without hindrance from the controller to whom the personal data were provided, where processing is based on consent or on a contract and processing is carried out by automated means, provided that processing is not 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, when exercising the right to data portability, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided this does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may contact an employee of agenos GmbH at any time.
g) Right to object
Every data subject has the right, on grounds relating to his or her particular situation, to object at any time to processing of personal data concerning him or her based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.
agenos GmbH shall no longer process the personal data in the event of objection unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of the data subject, or processing serves the establishment, exercise or defense of legal claims.
If agenos GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data for such advertising. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to agenos GmbH to processing for direct marketing purposes, agenos GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by agenos GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
To exercise the right to object, the data subject may contact any employee of agenos GmbH or another employee directly. The data subject is also free, in connection with the use of information society services and notwithstanding Directive 2002/58/EC, to exercise the right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every 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 is necessary for entering into or performance of a contract between the data subject and the controller, is authorized by Union or Member State law to which the controller is subject and which lays down suitable measures to safeguard the rights, freedoms and legitimate interests of the data subject, or is based on the data subject's explicit consent.
If the decision is necessary for entering into or performance of a contract or is based on explicit consent, agenos GmbH shall implement suitable measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention by the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, he or she may contact an employee of the controller at any time.
i) Right to withdraw data protection consent
Every data subject has the right to withdraw consent to processing of personal data at any time. If the data subject wishes to exercise the right to withdraw consent, he or she may contact an employee of the controller at any time.
Data protection in applications and the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also take place electronically. This is particularly the case if an applicant submits corresponding application documents electronically, for example by email or via a web form on the website, to the controller. If the controller concludes an employment contract with an applicant, the transmitted data are stored for the purpose of processing the employment relationship in compliance with statutory provisions. If no employment contract is concluded with the applicant by the controller, the application documents are automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with erasure. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the German General Equal Treatment Act (AGG).
9. Legal basis of processing
Art. 6(1)(a) GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose.
If processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the delivery of goods or provision of another service or consideration, processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for example in cases of inquiries about our products or services.
If our company is subject to a legal obligation requiring processing of personal data, for example to fulfill tax obligations, processing is based on Art. 6(1)(c) GDPR.
In rare cases, processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Processing would then be based on Art. 6(1)(d) GDPR.
Ultimately, processing operations may be based on Art. 6(1)(f) GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override such interest. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator, who considered that a legitimate interest may be assumed where the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).
10. Legitimate interests pursued by the controller or by a third party
Where processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.
11. Period for which the personal data are stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data are routinely erased, provided that they are no longer required for contract fulfillment or contract initiation.
12. Legal or contractual provisions for the provision of personal data; necessity for conclusion of the contract; obligation of the data subject to provide personal data; possible consequences of non-provision
We inform you that the provision of personal data is partly required by law, for example tax regulations, or may also result from contractual provisions, for example information about the contractual partner. Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will clarify on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for conclusion of the contract, whether there is an obligation to provide the personal data and what consequences non-provision of the personal data would have.
13. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
This privacy policy was created by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, acting as external data protection officer Hamburg, in cooperation with data protection lawyer Christian Solmecke.