We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of Rostra AG. As a rule, the internet pages of Rostra AG can be used 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 the 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, e-mail address, or telephone number of a data subject—is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to Rostra AG. By means of this privacy policy, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of the rights to which they are entitled.

As the controller responsible for processing, Rostra AG has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions can 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 Rostra AG is based on the terms used by the European legislator 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.

In this privacy policy we use, among others, the following terms:

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, 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.

b)    data subject

Data subject is any identified or identifiable natural person whose personal data are processed by the controller responsible for the processing.

c)    processing

Processing means 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, 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 is 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 that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

f)     pseudonymization

Pseudonymization 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g)    controller or controller responsible for processing

Controller or controller responsible for 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.

h)    processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i)      recipient

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.

j)      third party

Third party is 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 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 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 related to data protection is:

Rostra AG

Tel. +49 211 53883434

E-mail: info@rostra.ag

Website: http://rostra.ag

3. Collection of general data and information

Each time the Rostra AG website is accessed by a data subject or an automated system, a series of general data and information is collected and stored in the server log files. The following may be collected: (1) the types and versions of the browser used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-pages which are accessed on our website via an accessing system, (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) any other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Rostra AG 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 and its advertising, (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. These anonymously collected data and information are therefore evaluated by Rostra AG statistically and also with the aim of increasing data protection and data security in our company in order to ultimately 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.

4. Routine deletion and blocking of personal data

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this is 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 deleted in accordance with the legal provisions.

5. 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 or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may contact any employee of the controller at any time.

b)    Right of access

Every data subject has the right granted by the European legislator to obtain from the controller free information about their personal data stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

• the purposes of processing
• the categories of personal
  data that are processed
• 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 organizations
• 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 a right to
  rectification or erasure of personal data concerning them or restriction of processing by the controller, or a right to object to such processing
• 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) GDPR and—at least in those cases—meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

The data subject also has the right to be informed whether personal data have been transferred to a third country or to an international organization. Where 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, they may contact any employee of the controller at any time.

c)    Right to rectification

Every data subject has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of processing, the data subject 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 to rectification, they may contact any employee of the controller at any time.

d)    Right to erasure (right to be forgotten)

Every data subject has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay where one of the following grounds applies and insofar 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 on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by Rostra AG, they may contact any employee of the controller at any time. The employee of Rostra AG will ensure that the request for erasure is complied with without delay.

Where Rostra AG has made the personal data public and is obliged pursuant to Art. 17(1) GDPR to erase the personal data, Rostra AG, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as processing is not required. The employee of Rostra AG will arrange what is necessary in the individual case.

e)    Right to restriction of processing

Every data subject has the right granted by the European legislator to obtain from the controller 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 the controller 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 the restriction of their use instead.
• The controller 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 defense of legal claims.
• The data subject has objected to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Rostra AG, they may contact any employee of the controller at any time. The employee of Rostra AG will arrange the restriction of processing.

f)     Right to data portability

Every data subject has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means, provided that 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 the controller.

In exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that 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 Rostra AG at any time.

g)    Right to object

Every data subject has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.

Rostra AG 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 defense of legal claims.

Where Rostra AG 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 them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Rostra AG to the processing for direct marketing purposes, Rostra AG will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by Rostra AG for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may contact any employee of Rostra AG directly or another employee. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

h)    Automated individual decision-making, including profiling

Every data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, Rostra AG 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 their point of view and to contest the decision.

If the data subject wishes to exercise rights concerning automated individual decision-making, they may contact an employee of the controller at any time.

i)      Right to withdraw consent for data protection purposes Every data subject has the right granted by the European legislator to withdraw consent to processing of personal data at any time. If the data subject wishes to exercise the right to withdraw consent, they may contact an employee of the controller at any time.

6. Legal basis for processing

Art. 6(1)(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, with processing operations necessary for the supply of goods or to provide any other service—processing is based on Art. 6(1)(b) GDPR. The same applies to such processing operations that are 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 by which processing of personal data is required, such as for the fulfillment of tax obligations, processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person—for example, if a visitor were injured in our company and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party; then processing would be based on Art. 6(1)(d) GDPR. Ultimately, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permitted because they were specifically mentioned by the European legislator, who considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 sentence 2 GDPR).

7. Legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.

8. Period for which the personal data are stored

The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data are routinely deleted, provided that they are no longer necessary for the fulfillment of the contract or the initiation of a contract.

9. Statutory or contractual requirements to provide personal data; necessity for contract conclusion; obligation of the data subject to provide personal data; possible consequences of failure to provide

We inform you that the provision of personal data may in part be required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., 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 which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract could not be concluded with the data subject. Before personal data are provided by the data subject, 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 the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of not providing the personal data.

10. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This privacy policy was created by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.