Data Protection Policy

We are very pleased that you have expressed interest in our company. Data protection is of particular importance for the management of Laborius Foren-Betriebs GbR. The use of the Laborius Foren-BetriebsGbR website is possible without any disclosure of personal data. However, if someone wishes to use our company’s special services through our website, personal data may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the person concerned.

The processing of personal data, such as the name, address, e-mail address or telephone number of the Data Subject, is always carried out in accordance with the General Data Protection Regulation as well as in accordance with the country-specific data protection provisions applicable to Laborius Foren-Betriebs GbR. Through this data protection policy, our company seeks to inform the public about the nature, scope and purpose of the personal information we collect, use and process. Furthermore, the individuals concerned are informed of their rights under this privacy policy.

Laborius Foren-Betriebs GbR, as the controller, has implemented numerous technical and organisational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transmissions can have security gaps and thus, absolute protection can not be guaranteed. For this reason, every Data Subject is free to submit personal data to us by alternative means, for example by telephone.

1. Definitions

The data protection policy of Laborius Foren-Betriebs GbR is based on the terminology used by the European directive and regulatory authority in the adoption of the General Data Protection Regulation (GDPR). Our data protection policy should 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 terminology used in advance.
We use the following terms in this privacy policy, including but not limited to:

a) Personal data
Personal data are considered to be any information relating to an identified or identifiable natural person (hereinafter the “Data Subject”). A natural person is considered to be an individual who can be identified, directly or indirectly, in particular by association with an identifier such as a name, identification number, location data, online identifier or one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

b) Data Subject
The Data Subject is any identified or identifiable natural person whose personal data are processed by the data processing controller.

c) Processing
Processing means any process or series of operations related to personal data, with or without the aid of automated procedures, such as collection, recording, organisation, arrangement, storage, adaptation or modification, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, reconciliation or association, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim to limit its future processing.

e) Profiling
Profiling is any kind of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse aspects concerning job performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location of this natural person.

f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal information can no longer be attributed to a specific Data Subject without the need for additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data can not be assigned to an identified or identifiable natural person.

g) Controller or controller for processing
The person responsible or controller is the natural person or legal entity, public authority, agency or other body that, 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 European Union law or the law of the Member States, the controller or the specific criteria for their nomination may be designated by European Union law or the law of the Member States.

h) Processor
The processor is a natural person or legal entity, public authority, agency or other body that processes personal data on behalf of the controller.

i) Recipient
The recipient is a natural person or legal entity, public authority, agency or other body to which personal data are disclosed, independent of whether or not it involves a third party. However, authorities that may receive personal data under European Union or the law of the Member States in connection with a particular investigation are not considered recipients.

j) Third party
A third party is a natural person or legal entity, public authority, agency or other body that processes the data and is not the Data Subject, the controller, the processor or persons authorised to process the personal data under the direct responsibility of the controller or the processor.

k) Consent
Consent is any informed and unequivocal expression of will voluntarily given by the Data Subject in the particular case in the form of a statement or other clear declaration in which the Data Subject indicates their consent to the processing of the personal data concerning them.

2. Name and address of the controller

The person responsible within the definition of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provisions of data protection is:

Laborius Forum Operations GbR
Podbielskistrasse 33
30163 Hanover
Germany
Tel .: +49 (0) 511 215 55 63-33
E-Mail: info@ffa-arbeitsrecht.de
Website: www.ffa-arbeitsrecht.de

3. Name and address of the data protection officer

The data protection officer of the controller is:
Simon Felsmann
Laborius Forum Operations GbR
Podbielskistrasse 33
30163 Hanover
Germany
Tel .: +49 (0) 511 215 5563-33
E-Mail: kanzlei@laborius.eu
Website: www.ffa-arbeitsrecht.de
Any Data Subject can contact our data protection officer at any time with any questions or suggestions regarding data protection.

4. Cookies

The websites of Laborius Foren-Betriebs GbR use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.
Many 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 string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the Data Subject from other internet browsers that contain other cookies. A particular web browser can be recognised and identified by the unique cookie ID.

By using cookies, Laborius Foren-Betrieb GbR can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

The use of cookies optimises information and offers on our website for the user. Cookies allow us, as already mentioned, to recognize the 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 need not re-enter their access data each time they visit the website, as this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The Data Subject can prevent the setting of cookies through our website at any time by setting the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can 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.

5. Collection of general data and information

The website of Laborius Foren-Betriebs GbR collects a series of general data and information each time the website is accessed by a Data Subject or an automated system. This general data and information is stored in the log files of the server. The web server may record (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the internet page from which an accessing system accesses our website (so-called referrers), (4) the sub-web pages which can be 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 in the event of attacks on our information technology systems.

When using this general data and information, the Laborius Foren-Betriebs GbR does not draw any conclusions about the Data Subject. Rather, this information is required to (1) correctly deliver the contents of our website, (2) to optimise the content of our website and to advertise it, (3) to ensure the continued functioning of our information technology systems and the technology of our website, and ( 4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack. This anonymously collected data and information is statistically evaluated by Laborius Foren-Betrieb GbR and also with the aim of increasing data protection and data security in our company in order to ultimately ensure the best possible 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 the Data Subject.

6. Contact via the website

Due to legal regulations, the website of Laborius Foren-Betriebs GbR contains information that enables quick electronic contact to our company as well as direct communication with us, which also includes a general address of so-called electronic mail (e-mail address). If the Data Subject contacts the data controller by e-mail or through a contact form, the personal data provided by the Data Subject will be automatically saved. Such personal data, voluntarily transmitted by an individual to the controller, is stored for the purposes of processing or contacting the Data Subject. There is no disclosure of this personal data to third parties.

7. Routine deletion and blocking of personal data

The controller shall process and store the personal data of the Data Subject only for the period necessary to achieve the purpose of the storage or to the extent that such has been detailed by the European directive or regulatory authority or by any other legislator in laws or regulations to which the data processing controller is subject to.
If the storage purpose ceases to apply or if a storage period prescribed by the European directive and regulatory authority or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

8. Rights of the Data Subject

a) Right to confirmation
Each Data Subject has the right, as granted by the European directive or regulatory authority, to require the controller to confirm whether personal data relating to them is processed. If the Data Subject wishes to make use of this right of confirmation, they can contact an employee of the controller at any time.

b) Right to information
Any Data Subject affected by the processing of personal data shall have the right, granted by the European directive and regulatory authority, to obtain information about the personal data stored about them and a copy of this information free of charge at any time. Furthermore, the European directive and regulatory authority has provided the Data Subject with the following information:

  • the processing purposes
  • the categories of personal data to be processed
  • the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular to recipients in third countries or to international organisations
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  •  the existence of a right of the Data Subject to have the personal data concerning them rectified or erased or to have a restriction of processing by the controller or a right to object to such processing
 – the existence of a right of appeal to a supervisory authority
 – if the personal data are not collected from the Data Subject: all available information on the source of the data
 – the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the Data Subject

In addition, the Data Subject has a right of access as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, then the Data Subject has the right to obtain information about the appropriate guarantees in connection with the transfer.

If an interested party wishes to exercise this right to information, they may contact an employee of the controller at any time.

c) Right to rectification
Any Data Subject affected by the processing of personal data has the right granted by the European directive or regulatory authority to demand the immediate rectification of inaccurate personal data concerning them. Furthermore, the Data Subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If the Data Subject wishes to exercise this right of rectification, they may, at any time, contact an employee of the controller.

d) Right to erasure (right to be forgotten)
Any Data Subject affected by the processing of personal data shall have the right granted by the European directive and regulatory authority to require the controller to immediately erase the personal data concerning them, provided that one of the following reasons applies and processing is not required:

  • The personal data has been collected or otherwise processed for such purposes for which it is no longer necessary.
 – The Data Subject withdraws their consent on which the processing was based in accordance with Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR and lacks any other legal basis for the processing.
  • The Data Subject submits an objection to the processing in accordance with Article 21 (1) of the GDPR and there are no legitimate grounds for the processing, or the Data Subject objects to the processing in accordance with Article 21 (2) GDPR .
  • The personal data was processed unlawfully.
  • The erasure of personal data is required to fulfil a legal obligation under European Union law or the law of the Member States to which the controller is subject.
  • The personal data was collected in relation to the offered services of the information company pursuant to Article 8 (1) of the GDPR.

If one of the above-mentioned reasons applies and the Data Subject wishes to arrange for the erasure of personal data stored by Laborius Foren-Betriebs GbR, they may, at any time, contact an employee of the controller. The employee of Laborius Foren-Betriebs GbR will arrange that the request for erasure be fulfilled immediately.

If the personal data has been made public by Laborius Foren-Betriebs GbR and if our company as the person responsible is obliged to erase the personal data pursuant to Article 17 (1) of the GDPR, Laborius Foren-Betriebs GbR shall take into account the available technology and the implementation costs and take appropriate measures, including technical means, to inform other data processing controllers – where they process the published personal data – that the Data Subject has requested that all links to this personal data or copies or duplicates of this personal data be erased by these other data processing controllers if the processing is not necessary. The employee of Laborius Foren-Betriebs GbR will arrange the necessary action in individual cases.

e) Right to restriction of processing
Any Data Subject affected by the processing of personal data has the right, granted by the European directive and regulatory authority, to require the controller to restrict the processing if one of the following conditions applies:

  • The accuracy of the personal data is contested by the Data Subject for a period of time that allows the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the Data Subject refuses to erase the personal data and instead requests the restriction of the use of personal data.
  • The data processing controller no longer needs the personal data for the purposes of processing, but the Data Subject requires it to assert, exercise or defend legal claims.
  • The Data Subject has made an objection to the processing in accordance with Article 21 (1) of the GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the Data Subject.

If one of the above-mentioned reasons applies and the Data Subject wishes to arrange for the restriction of personal data stored by Laborius Foren-Betriebs GbR, they may, at any time, contact an employee of the controller. The employee of Laborius Foren-Betriebs GbR will arrange the restriction of processing

f) Right to data portability
Any Data Subject affected by the processing of personal data has the right conferred by the European directive and regulatory authority to obtain the personal data concerning them in a structured, commonly-used and machine-readable format if the Data Subject provided the controller with personal data. The Data Subject also has the right to transfer this data to another controller without hindrance by the controller to whom the personal data was provided, if the processing is based on the consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR and the processing is carried out by means of automated processes, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority, which has been assigned to the controller.

Furthermore, in exercising their right to data portability under Article 20 (1) of the GDPR, the Data Subject has the right to request that the personal data be transferred directly from one controller to another, insofar as this is technically feasible and if so doing does not affect the rights and freedoms of others.

To assert the right to data portability, the Data Subject may, at any time, contact an employee of Laborius Foren-Betriebs GbR.

g) Right to object
Any Data Subject affected by the processing of personal data shall have the right to object conferred by the European directive and regulatory authority, at any time, on grounds arising from their own particular situation, against the processing of personal data relating to them pursuant to Article 6 (1) (e) of the GDPR. This also applies to profiling based on these provisions.
Laborius Foren-Betriebs UG will no longer process personal data in the event of an objection, unless we can prove that there are compelling and legitimate reasons for the processing that outweigh the interests, rights and freedoms of the Data Subject, or the processing is intended to establish, exercise or defend legal claims.

If Laborius Foren-Betriebs GbR processes personal data in order to carry out direct marketing, the Data Subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, as far as it is associated with such direct marketing. If the Data Subject objects to Laborius Foren-Betrieb GbR processing for direct marketing purposes, Laborius Foren-Betriebs GbR will no longer process the personal data for these purposes.

In addition, the Data Subject has the right to object to the processing of personal data concerning them where such is carried out for scientific or historical research purposes or for statistical purposes under Article 89 (1) of the GDPR on grounds arising from their particular situation, unless such processing is necessary to fulfill a task in the public interest.

In order to exercise the right to object, the Data Subject can directly contact any employee of Laborius Foren-Betriebs GbR or another employee. The Data Subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58 / EC, to exercise his right of objection by means of automated procedures using technical specifications.

h) Automated decisions in individual cases including profiling
Any Data Subject concerned by the processing of personal data shall have the right, as granted by the European directive and regulatory authority, not to be subject to a decision based solely on automated processing, including profiling, where such has a legal effect with respect to them or significantly affects them in a similar manner, unless the decision (1) is necessary for the conclusion or performance of a contract between the Data Subject and the controller, or (2) is permitted by European Union or Member State legislation to which the controller is subject, and that legislation provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the Data Subject; or (3) with the express consent of the Data Subject.

If the decision (1) is required for the conclusion or performance of a contract between the Data Subject and the controller or (2) it is carried out with the express consent of the Data Subject, the Laborius Forum GbR shall take appropriate action to safeguard the rights and freedoms and the legitimate interests of the Data Subject, including at least the right to obtain the intervention of a person on the side of the controller, to express their own position and to contest the decision.

If the Data Subject wishes to revoke automated decision-making rights, they can contact an employee of the controller at any time.

i) Right to revoke consent under data protection law
Any Data Subject affected by the processing of personal data has the right, granted by the European directive and regulatory authority, to revoke consent to the processing of personal data at any time.
If the Data Subject wishes to assert their right to revoke consent, they may, at any time, contact an employee of the controller.

9. Data protection and the use of Google Analytics (with anonymisation function)

The controller has integrated the component Google Analytics (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, recording and analysis of data about the behaviour of visitors to websites. Among other things, a web analysis service collects data on which website the Data Subject has come to (so-called referrers), which subpages of the website were accessed or how often and for which length of time a subpage was viewed. A web analysis is mainly used to optimise a website and provide a cost-benefit analysis of Internet advertising.

The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.

The controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addendum, the IP address of the Internet access of the Data Subject will be shortened and anonymised by Google if the access to our website is from a Member State of the European Union or from another state party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse visitor flows on our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.

Google Analytics uses cookies on the information technology system of the Data Subject. What cookies are, has previously been explained above. By using cookies, Google is enabled to analyse the usage of our website. Each time one of the pages of this website is accessed by the controller and a Google Analytics component has been integrated, the Internet browser on the information technology system of the Data Subject is automatically initiated by the respective Google Analytics component to submit data to Google for online analysis purposes. As part of this technical process, Google will be aware of personal data, such as the IP address of the Data Subject, which assists, among other things, Google to track the origin of the visitors and clicks, and subsequently make commission settlements possible.

The cookie stores personally identifiable information, such as access time, the location from which access was made, and the frequency of site visits by the Data Subject. Each time the Data Subject visits our website, their personal information, including the IP address of the Internet connection used by the Data Subject, is transferred to Google in the United States of America. This personal information is stored by Google in the United States of America. Google may transfer such personal data collected through the technical process to third parties.

The Data Subject can prevent the use of cookies through our website, as shown above, at any time by means of a corresponding setting on the Internet browser used and thus permanently prevent the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the Data Subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the Data Subject has the option of objecting to and preventing the collection of the data generated by Google Analytics for the use of this website and the processing of this data by Google. To do this, the person must download and install a browser add-on at https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as a contradiction. If the Data Subject’s information technology system is later deleted, formatted or reinstalled, the Data Subject must re-install the browser add-on to disable Google Analytics. If the browser add-on is uninstalled or disabled by the Data Subject or any other person within their sphere of control, it is possible to reinstall or reactivate the browser add-on.

Additional information and Google’s privacy policy can be found at: https://www.google.com/intl/en/policies/privacy/ and http://www.google.com/analytics/terms/en.html. Google Analytics is explained in more detail at https://www.google.com/intl/de_de/analytics/.

10. Legal basis of processing

Article 6 (I) (a) of the GDPR serves our company as the legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfill a contract in which the Data Subject is a contractual party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on Article 6 (I) (b) of the GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Article 6 (I) (c) of the GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the Data Subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third parties. Then the processing would be based on Artcile 6 (I) (d) of the GDPR. Ultimately, processing operations could be based on Article 6 (I) (f) of the GDPR. On this legal basis, processing operations that are not covered by any of the above-mentioned legal bases are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the Data Subject prevail. We are permitted to undertake such processing operations because they have been specifically mentioned by the European legislation. In this regard, it considered that a legitimate interest could be assumed if the Data Subject is a customer of the controller (Recital 47 (2) GDPR).

11. Legitimate interests in processing followed by the controller or a third party

If the processing of personal data is based on Article 6 (I) (f) of the GDPR it is in our legitimate interest to conduct our business for the well-being of all of our employees and shareholders.

12. Duration of storage of personal data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely erased if it is no longer required to fulfill the contract or to initiate a contract.

13. Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the Data Subject to provide the personal data; possible consequences of non-provision

We inform the Data Subject that the provision of personal data is in part required by law (such as tax regulations) or may also result from contractual regulations (such as information about the contract partner). Occasionally it may be necessary for the conclusion of a contract that the Data Subject provides us with personal data that must subsequently be processed by us. For example, the Data Subject is required to provide us with personal data when our company enters into a contract with them. Failure to provide personal data would mean that the contract with the Data Subject could not be concluded.
Prior to any personal data being provided by the Data Subject, the Data Subject must contact one of our employees. Our employee will inform the Data Subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of the non-provision of the personal data.

14. Existence of automated decision-making

As a responsible company we refrain from automatic decision-making or profiling.
This Data Protection Policy was created by the privacy statement generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Duisburg, in cooperation with the Cologne IT and data protection lawyer Christian Solmecke.