Data Protection Declaration
Data protection is of a particularly high priority for OVALO GmbH (hereinafter referred to as "OVALO" or "we"). The use of the Internet pages of OVALO is possible without any indication of personal data; however, if a data subject wants to use special services offered by our company via our website, processing of personal data could become necessary.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the valid data protection regulations, especially with the General Data Protection Regulation (hereinafter referred to as "GDPR"). By means of this data protection declaration, OVALO would like to inform of the nature, scope, and purpose of the personal data collected, used and processed. Furthermore, data subjects are informed of the rights to which they are entitled.
As the controller of data procession, OVALO has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to OVALO via alternative means, e.g. by telephone.
The data protection declaration of OVALO is based on the terms used by the European legislator for the adoption of the GDPR. Our data protection declaration should be legible and understandable for everyone. To ensure this, we would like to first explain the terms used.
In this data protection declaration, we use, inter alia, the following terms:
a. Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “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.
Processing is 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.
c. Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
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.
Pseudonymisation is 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.
f. Controller or controller responsible for the processing
Controller or controller responsible for the processing is 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 Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of OVALO.
Recipient is 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 Union or Member State law shall not be regarded as recipients.
i. Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, OVALO, processor and persons who, under the direct authority of OVALO or processor, are authorised to process personal data.
Consent of the data subject is 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.
2. Name and address of the controller
Controller for the purposes of the GDPR, other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
3. Name and address of the data protection officer
OVALO’s data protection officer is:
Jörn Menzel - Rechtsanwalt
Menzel, Timmer Rechtsanwälte, Partnerschaft
Every data subject may directly contact the data protection officer at any time in case of questions and suggestions regarding data protection.
The setting of cookies through our website may be prevented by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the setting of cookies gets deactivated in the Internet browser used, not all functions of our website may be entirely usable.
5. Collection of general data and information
The website of OVALO collects a series of general data and information. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system, (3) the website from which our website is reached (so-called referrers), (4) the sub-websites, which are reached through our website, (5) the date and time of access, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, OVALO does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, OVALO analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
6. Contact possibility via the website
Due to statutory provisions, the website of OVALO contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts OVALO by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
7. Routine erasure and blocking of personal data
OVALO shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the applicable laws.
If the storage purpose is not applicable, or if a storage period legally prescribed expires, the personal data are routinely blocked or erased in accordance with legal requirements.
8. Rights of the data subject
a. Right of confirmation
Each data subject shall have the right to obtain from OVALO the confirmation as to whether or not and how personal data concerning him or her are being processed or were processed. If a data subject wishes to avail himself of this right, he or she may, at any time, contact our data protection officer or any other of our employees.
b. Right of access
Each data subject shall have the right to obtain from OVALO free information about his or her personal data stored at any time and a copy of this information. Furthermore, there is a right of access regarding the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular 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 OVALO 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 envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact our data protection officer or any other of our employees.
c. Right to rectification
Everyone shall have the right to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, there is also the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact our data protection officer or any other of our employees.
d. Right to erasure (right to be forgotten)
Each data subject shall have the right to obtain from OVALO the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- 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 to which the processing is based according to point (a) of Article 6(1) of the GDPR, 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 must be erased for compliance with a legal obligation of OVALO.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by OVALO, he or she may, at any time, contact the data protection officer or any other of our employees. Our data protection officer or any other employee of OVALO shall promptly ensure that the erasure request is complied with immediately.
Where OVALO has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, OVALO, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The data protection officer or any other employee of OVALO will arrange the necessary measures in individual cases.
e. Right of restriction of processing
Each data subject shall have the right to obtain from OVALO restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling OVALO 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 instead the restriction of their use instead.
- OVALO 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 OVALO override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by OVALO, he or she may at any time contact our data protection officer or any other of our employees. The data protection officer or any other employee of OVALO will arrange the restriction of the processing.
f. Right to data portability
Each data subject shall have the right, to receive the personal data concerning him or her, which was provided to OVALO, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to OVALO without hindrance, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR 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, as long as the 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 OVALO.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from OVALO to another controller, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact our data protection officer or any other employee of OVALO.
g. Right to object
Each data subject shall have 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. This also applies to profiling based on these provisions.
OVALO shall no longer process the personal data in the event of the objection, unless we can 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.
If OVALO processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to OVALO to the processing for direct marketing purposes, OVALO 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 OVALO for scientific or historical research purposes, or for statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact our data protection officer or any employee of OVALO. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h. Automated individual decision-making, including profiling
Each data subject shall have 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and OVALO, or (2) is not authorized by law to which OVALO is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and OVALO, or (2) it is based on the data subject's explicit consent, OVALO shall 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 contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact our data protection officer or any other employee of OVALO.
i. Right to withdraw data protection consent
Each data subject shall have the right to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact our data protection officer or any other employee of OVALO.
9. Data protection in applications and in the application process
OVALO collects and processes the personal data of applicants for the purpose of handling the application process. The processing can also be done electronically. This is particularly the case if an applicant submits the application documents to OVALO by electronic means, for example by email or via a web form located on the website. If OVALO concludes a contract of employment with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the legal requirements. If no contract of employment is concluded between OVALO and the applicant, the application documents will be automatically deleted two months after the notification of the rejection decision, unless that OVALO has any other legitimate interest for not doing so. Other legitimate interest in this sense is for example a burden of proof in a procedure under the General Equal Treatment Act (AGG).
10. Legal basis for the processing
The GDPR, in particular Art 6 and 9, should serve as a legal basis for the processing of personal data: Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the 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, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is OVALO subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
11. The legitimate interests pursued by OVALO or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is in particular to carry out our business in favor of the well-being of all our employees and the shareholders.
12. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
13. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
We hereby clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when OVALO signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject may contact our data protection officer. The data protection officer clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
14. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.