Privacy Notice

1. Information on the collection of personal data and contact details of the person responsible

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following we will inform you about how we handle your personal data when you use our website. Personal data are all data with which you can be personally identified.

1.2 The person responsible for data processing on this website in terms of the Data Protection Basic Regulation (DSGVO) is Upwind Legal Rechtsanwälte Wiechell Malinowski PartG mbB, Colonnaden 25, 20354 Hamburg, Germany, Tel.: +49 40 6077500 60, Fax: +49 40 6077500 70, E-Mail: info@upwind-legal.de. The person responsible for processing personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.

1.3 For security reasons and to protect the transmission of personal data and other confidential contents (e.g. orders or enquiries to the responsible person), this website uses SSL or TLS encryption. You can recognise an encrypted connection by the character string "https://" and the lock symbol in your browser line.

 

2. Data collection when visiting our website

When using our website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the data that your browser sends to our server (so-called "server log files"). When you call up our website, we collect the following data, which are technically necessary for us to display the website:

  • Our visited website

  • Date and time of access

  • Quantity of data sent in bytes

  • Source/reference from which you accessed the site

  • Used Browser

  • Operating system used

  • IP address used (possibly: in anonymised form)

Processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our justified interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently if there are concrete indications of illegal use.

 

3. Hosting

Hosting by Wix

We use the website system of Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel ("Wix") for the purpose of hosting and displaying the website based on processing on our behalf. All data collected on our website is processed on Wix's servers. As part of the aforementioned services provided by Wix, data may also be transferred to Wix Inc, 500 Terry A. Francois Boulevard, San Francisco, California 94158, USA, for further processing on our behalf. In the event that data is transferred to Wix in Israel, the appropriate level of data protection is guaranteed by an adequacy finding of the European Commission. For further information on data protection at Wix, please visit the following website: https://de.wix.com/about/privacy

The extent to which personal data is processed is described below. Any further processing on servers other than the aforementioned of Wix will only take place within the scope notified below.

 

4. Contact us

Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. These data are stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for the processing of this data is our legitimate interest in answering your request in accordance with Art. 6 para. 1 lit. f GDPR. If your contact is aimed at the conclusion of a contract, an additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO. Your data will be deleted after final processing of your request. This is the case if it can be deduced from the circumstances that the matter in question has been conclusively clarified and provided that there are no legal obligations to retain data.

 

5. Tools and miscellaneous

5.1 Applications for job vacancies by e-mail

On our website we advertise currently vacant positions in a separate section, for which interested parties can apply by e-mail to the contact address provided.

In order to be included in the application process, applicants must provide us with all personal data required for a well-founded and informed assessment and selection together with their application by e-mail.

The required data includes general personal information (name, address, telephone or electronic contact details) as well as performance-specific proof of the qualifications required for a position. Where appropriate, health-related information may also be required which, in the interests of social protection, must be given special consideration in the person of the applicant under labour and social law.

The components that an application must contain in order to be considered in individual cases and the form in which these components are to be sent by e-mail can be found in the respective job advertisement.

After receipt of the application sent using the specified e-mail contact address, the applicant data is stored by us and evaluated exclusively for the purpose of processing the application. For any queries arising in the course of processing the application, we will use either the e-mail address provided by the applicant with his or her application or a telephone number given.

The legal basis for these processing operations, including contact for queries, is generally Art. 6 para. 1 lit. b GDPR (for processing operations in Germany in conjunction with Art. 26 para. 1 BDSG), according to which the completion of the application procedure is considered to be the initiation of an employment contract.

Insofar as special categories of personal data within the meaning of Art. 9 (1) GDPR (e.g. health data such as information on the status of severely disabled persons) are requested from applicants in the course of the application procedure, processing is carried out in accordance with  Art. 9 para. 2 lit. b. GDPR so that we can exercise the rights arising from labour law and social security and social protection law and fulfil our obligations in this respect.

Cumulatively or alternatively, the processing of the special categories of data may also be based on Art. 9 para. 1 lit. h GDPR if it is carried out for purposes of preventive health care or occupational medicine, for the assessment of the applicant's ability to work, for medical diagnosis, care or treatment in the health or social field or for the management of systems and services in the health or social field.

If, in the course of the evaluation described above, the candidate is not selected or withdraws his or her application prematurely, the data transmitted by e-mail and all electronic correspondence, including the original application e-mail, will be deleted after 6 months at the latest following notification. This period is calculated on the basis of our legitimate interest in being able to answer any follow-up questions about the application and, if necessary, to comply with our obligations to provide evidence under the regulations on the equal treatment of applicants.

In the event of a successful application, the data provided will be further processed on the basis of Art. 6 para. 1 llit. b GDPR (in the case of processing in Germany in conjunction with Sec. 26 para. 1 BDSG) for the purposes of carrying out the employment relationship.

5.2 - Google Maps

On our website we use Google Maps (API) from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). Google Maps is a web service for the display of interactive (land) maps to visually present geographical information. By using this service, our location will be displayed to you and any approach will be made easier.

When you access the sub-pages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google's servers and stored there; this may also involve transmission to the servers of Google LLC. in the USA. This happens regardless of whether Google provides a user account through which you are logged in or whether a user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google saves your data (even for users who are not logged in) as user profiles and evaluates them. The collection, storage and evaluation are carried out in accordance with Art. 6 para. 1 lit. f GDPR on the basis of Google's legitimate interest in the insertion of personalised advertising, market research and/or the needs-based design of Google websites. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right. If you do not agree with the future transmission of your data to Google within the framework of the use of Google Maps, there is also the possibility of completely deactivating the Google Maps web service by switching off the JavaScript application in your browser. Google Maps and thus the map display on this website cannot then be used.

You can view Google's terms of use at https://www.google.de/intl/de/policies/terms/regional.html. The additional terms of use for Google Maps can be found at https://www.google.com/intl/de_US/help/terms_maps.html.

Detailed information on data protection in connection with the use of Google Maps can be found on the Google website ("Google Privacy Policy"): https://www.google.de/intl/de/policies/privacy/

Insofar as legally required, we have obtained your consent for the processing of your data as described above in accordance with Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future. In order to exercise your revocation, please follow the above-mentioned procedure for lodging an objection.

5.3 - Microsoft teams

We use the "Microsoft Teams" service of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA (hereinafter "Microsoft Teams") to conduct online meetings, video conferences and/or webinars.

In the event of the use of Microsoft Teams, different data will be processed. The scope of the processed data depends on the data you provide before or during your participation in an online meeting, video conference or webinar. When using Microsoft Teams, data of the communication participants is processed and stored on servers of Microsoft Teams. This data may include, in particular, your registration data (name, e-mail address, telephone (optional) and password) and meeting data (topic, participant IP address, device information, description (optional)). In addition, visual and audio contributions of the participants, as well as voice input in chats can be processed.

When processing personal data which are necessary for the fulfilment of a contract with you (this also applies to processing operations which are necessary for the implementation of pre-contractual measures), Art. 6 para. 1 lit. b GDPR serves as the legal basis. If you have given us your consent to process your data, the processing will take place on the basis of Art. 6 para. 1 lit. a GDPR. Consent that has been granted can be revoked at any time with effect for the future.

Otherwise, the legal basis for the processing of data when conducting online meetings, video conferences or webinars is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in the effective conduct of the online meeting, webinar or video conference. Further information on the use of data by Microsoft Teams can be found in the Microsoft Teams data protection declaration at https://privacy.microsoft.com/de-de/privacystatement.

 

6. Rights of the data subject

6.1 The applicable data protection law grants you comprehensive data subject rights (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data, about which we inform you below:

  • Right of access in accordance with Art. 15 GDPR: In particular, you have a right of access to your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, the planned storage period or the criteria for determining the storage period, the existence of a right of rectification, erasure, restriction of processing, opposition to processing, complaint to a supervisory authority, the origin of your data if it was not collected from you by us, the existence of automated decision making including profiling and, where applicable, meaningful information on the logic involved and the scope and intended effects of such processing on you, as well as your right to be informed of the guarantees provided under Art. 46 GDPR when your data is transferred to third countries;

  • Right of rectification under Art. 16 GDPR: You have the right to have incorrect data relating to you corrected without delay and/or to have your incomplete data stored by us completed;

  • Right of deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the conditions of Art. 17 para. 1 GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

  • Right to limit processing in accordance with Art. 18 of the GDPR: you have the right to request the limitation of the processing of your personal data for as long as the accuracy of your data which you dispute is verified, if you refuse to have your data deleted on account of unauthorised data processing and instead request the limitation of the processing of your data, if you require your data for the assertion, exercise or defence of legal claims, after we no longer require these data after the purpose has been achieved, or if you have lodged an objection on the grounds of your particular situation, as long as it has not yet been established that our legitimate reasons outweigh the objection;

  • Right to be informed in accordance with Art. 19 GDPR: If you have asserted the right to rectification, erasure or limitation of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed of these recipients.

  • Right to data transferability in accordance with Art. 20 GDPR: You have the right to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another person responsible, insofar as this is technically feasible;

  • Right to revoke consents granted pursuant to Art. 7 para. 3 GDPR: You have the right to revoke at any time, with effect for the future, any consent to the processing of data once granted. In the event of revocation, we will immediately delete the data concerned, unless further processing cannot be based on a legal basis for processing without consent. Revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until revocation;

  • Right of appeal under Art. 77 GDPR: If you consider that the processing of personal data relating to you is in breach of the GDPR, you have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, in which you work or in which the alleged breach occurs.

6.2 RIGHT OF APPEAL

IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS DUE TO OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR SPECIAL SITUATION.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE THAT THERE ARE COMPELLING REASONS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.

IF YOUR PERSONAL DATA ARE PROCESSED BY US FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH MARKETING. YOU MAY EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

 

7. Duration of the storage of personal data

The duration of the storage of personal data is determined by the respective legal basis, the purpose of processing and - if relevant - additionally by the respective legal retention period (e.g. retention periods under commercial and tax law).

When personal data is processed on the basis of express consent pursuant to Art. 6 para. 1 lit. a GDPR, this data is stored until the person concerned withdraws his or her consent.

If there are legal retention periods for data which are processed within the framework of legal or similar obligations based on Art. 6 para. 1 lit. b GDPR, these data are routinely deleted after the retention periods have expired, provided that they are no longer required for the fulfilment or initiation of a contract and/or we have no justified interest in their further storage.

In the case of processing of personal data on the basis of Art. 6 para. 1 lit. f GDPR, this data is stored until the person concerned exercises his or her right of objection in accordance with Art. 21 para. 1 GDPR, unless we can prove compelling reasons for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.

When personal data are processed for the purpose of direct advertising on the basis of Art. 6 para. 1 lit. f GDPR, these data are stored until the data subject exercises his or her right to object in accordance with Art. 21 para. 2 GDPR.

Unless otherwise stated in the other information in this declaration on specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.