Privacy policy

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. Cookies

In order to make visiting our website more attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your terminal device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your end device and enable us or our partner companies (third-party cookies) to recognise your browser on your next visit (persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data and IP address values to an individual extent. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie.

If personal data is also processed by individual cookies implemented by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the execution of the contract or in accordance with Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.

We may work with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). If we cooperate with aforementioned advertising partners, you will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the paragraphs below.

Please note that you can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or can exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:

Internet Explorer: http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies

Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647

Safari: https://support.apple.com/de-de/guide/safari/sfri11471/mac

Opera: https://help.opera.com/de/latest/web-preferences/#cookies

Please note that if you do not accept cookies, the functionality of our website may be limited.

 

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 vis-à-vis the controller with regard to the processing of your personal data the following (rights of access and intervention), whereby reference is made to the legal basis for the For the respective prerequisites for exercising these rights, please refer to the legal basis stated:

 

  • Right to information pursuant to Art. 15 DSGVO;
  • Right to rectification pursuant to Art. 16 DSGVO;
  • Right to erasure pursuant to Art. 17 DSGVO;
  • Right to restriction of processing pursuant to Art. 18 GDPR;
  • Right to information pursuant to Art. 19 GDPR;
  • Right to data portability pursuant to Art. 20 GDPR;
  • Right to withdraw consent granted pursuant to Art. 7(3) GDPR;
  • Right to lodge a complaint pursuant to Article 77 of the GDPR.

 

Translated with www.DeepL.com/Translator (free version)

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.