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privacy policy

Name and contact information of the data controller pursuant to Article 4(7) of the GDPR

Agera One GmbH
Karpfenweg 26
60327 Frankfurt am Main

info@agera-one.de

CEO: Severin Pfister

 

Security and Protection of Your Personal Data

We consider it our top priority to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. That is why we exercise the utmost care and apply state-of-the-art security standards to ensure maximum protection of your personal data. As a private-sector company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the German Federal Data Protection Act (BDSG). We have implemented technical and organizational measures to ensure that data protection regulations are observed both by us and by our external service providers.

Definitions

The law requires that personal data be processed lawfully, in good faith, and in a manner that is transparent to the data subject (“Lawfulness, Processing in Good Faith, Transparency”). To ensure this, we provide you with information about the individual legal definitions used in this Privacy Policy:

1. Personal Data

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”); A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier, or one or more specific characteristics that reflect the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

2. Processing

“Processing” means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, distribution, or any other form of disclosure, the comparison or linking, the restriction, erasure, or destruction.”

3. Restriction of Processing

“Restriction of processing” means marking stored personal data with the aim of restricting its future processing.

4. Profiling

“Profiling” means any form of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

5. Pseudonymization

“Pseudonymization” is the processing of personal data in such a way 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 that ensure the personal data cannot be attributed to an identified or identifiable natural person.

6. File System

“File system” means any structured collection of personal data that is accessible according to specific criteria, regardless of whether that collection is managed centrally, decentralized, or organized according to functional or geographic criteria.

7. Data Controller

“Controller” means a natural or legal person, public authority, agency, or other body that, 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 law or the law of the Member States, the controller or the specific criteria for its designation may be provided for by Union law or the law of the Member States.

8. Data Processors

“Data processor” means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the data controller.

9. Recipient

“Recipient” means a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, regardless of whether or not that entity is a third party. However, public authorities that may receive personal data in the course of a specific investigative mandate under Union law or the law of the Member States are not considered recipients; the processing of such data by those authorities is carried out in accordance with applicable data protection regulations and in line with the purposes of the processing.

10. Third

“Third party” means a natural or legal person, public authority, agency, or other body, other than the data subject, the controller, the processor, and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.

11. Consent

“Consent” by the data subject means any freely given, specific, informed, and unambiguous indication of the data subject's wishes, expressed in the form of a statement or other unambiguous affirmative action, by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

Lawfulness of Processing

The processing of personal data is lawful only if there is a legal basis for such processing. Pursuant to Article 6(1)(a)–(f) of the GDPR, the legal basis for processing may include, in particular:

  • a. the data subject has given consent to the processing of personal data concerning him or her for one or more specific purposes;
  • b. the processing is necessary for the performance of a contract to which the data subject is a party, or for the implementation of precontractual measures taken at the data subject’s request;
  • c. the processing is necessary to comply with a legal obligation to which the controller is subject;
  • d. the processing is necessary to protect the vital interests of the data subject or another natural person;
  • e. the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • f. The processing is necessary to safeguard the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject that require the protection of personal data take precedence, particularly if the data subject is a child.

Information Regarding the Collection of Personal Data

(1) The following information explains how we collect personal data when you use our website. Personal data includes, for example, your name, address, email addresses, and user behavior. (2) When you contact us via email or through a contact form, we will store the data you provide (your email address, and, if applicable, your name and phone number) in order to answer your questions. We delete the data collected in this context once storage is no longer necessary, or we restrict processing if statutory retention obligations apply. Collection of Personal Data When Visiting Our Website When you use the website solely for informational purposes—that is, if you do not register or otherwise provide us with information—we collect only the personal data that your browser transmits to our server. When you view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (the legal basis is Art. 6(1)(f) of the GDPR):

  • IP address
  • Date and time of the request
  • Time zone difference from Greenwich Mean Time (GMT)
  • Content of the Request (Specific Page)
  • Access Status/HTTP Status Code
  • amount of data transferred in each case
  • Website from which the request originates
  • Browser
  • Operating system and its user interface
  • Language and version of the browser software.

 

Use of Cookies

(1) In addition to the information mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and associated with the browser you are using, and through which certain information is transmitted to the entity that sets the cookie. Cookies cannot run programs or transfer viruses to your computer. They serve to make the website more user-friendly and effective overall. 

(2) This website uses the following types of cookies, the scope and functionality of which are explained below: – Transient cookies (see a.) – Persistent cookies (see b.). a. Transient cookies are automatically deleted when you close your browser. These include, in particular, session cookies. These store a so-called session ID, which allows various requests from your browser to be assigned to the same session. This enables your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close your browser. b. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in your browser’s security settings. c. You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. So-called “third-party cookies” are cookies set by a third party, and therefore not by the actual website you are currently visiting. Please note that if you disable cookies, you may not be able to use all features of this website. d. We use cookies to identify you on subsequent visits if you have an account with us. Otherwise, you would have to log in again for each visit. e. The Flash cookies used are not tracked by your browser, but by your Flash plug-in. We also use HTML5 storage objects, which are stored on your device. These objects store the necessary data regardless of the browser you use and do not have an automatic expiration date. You can prevent the use of HTML5 storage objects by using private browsing mode in your browser. We also recommend that you regularly delete your cookies and browser history manually. 

Additional Features and Services on Our Website 

(1) In addition to the purely informational use of our website, we offer various services that you may use if you are interested. To do so, you will generally need to provide additional personal data, which we use to provide the respective service and to which the aforementioned data processing principles apply. 

(2) In some cases, we use external service providers to process your data. We have carefully selected and commissioned these providers; they are bound by our instructions and are regularly monitored. 

(3) Furthermore, we may share your personal data with third parties if we offer promotions, sweepstakes, contracts, or similar services in collaboration with partners. You can find more detailed information about this when you provide your personal data or in the description of the offer below. 

(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the implications of this in the description of the service. Children Our services are generally intended for adults. Individuals under the age of 18 should not provide us with any personal data without the consent of their parents or legal guardians. 

Rights of the Data Subject 

(1) Withdrawal of Consent If the processing of personal data is based on consent you have provided, you have the right to withdraw that consent at any time. Withdrawing your consent does not affect the lawfulness of the processing carried out on the basis of your consent prior to its withdrawal. You may contact us at any time to exercise your right to withdraw consent. 

(2) Right to Confirmation: You have the right to request confirmation from the data controller as to whether we are processing personal data concerning you. You may request this confirmation at any time using the contact information provided above. 

(3) Right of Access If personal data is being processed, you may at any time request access to this personal data and to the following information:

  • a. the purposes of processing;
  • b. the categories of personal data that are processed;
  • c. 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;
  • d. if possible, the planned period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period;
  • e. the existence of a right to have personal data concerning you rectified or erased, or to have the processing restricted by the controller, or a right to object to such processing;
  • f. the existence of a right to file a complaint with a supervisory authority;
  • g. if the personal data is not collected from the data subject, all available information regarding the source of the data;
  • h. the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the GDPR, and—at least in such cases—meaningful information about the logic involved, as well as the scope and intended effects of such processing on the data subject.

If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer. We will provide a copy of the personal data being processed. For any additional copies you request, we may charge a reasonable fee based on administrative costs. If you submit the request electronically, the information must be provided in a commonly used electronic format, unless you specify otherwise. The right to receive a copy pursuant to paragraph 3 must not infringe upon the rights and freedoms of others. 

(4) Right to Rectification You have the right to request that we rectify any inaccurate personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request that incomplete personal data be completed—including by means of a supplementary statement. 

(5) Right to erasure (“right to be forgotten”) You have the right to request that the controller erase personal data concerning you without delay, and we are obligated to erase personal data without delay if any of the following grounds apply:

  • a. The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
  • b. The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.
  • c. 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.
  • d. The personal data was processed unlawfully.
  • e. The erasure of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject
  • f. The personal data was collected in connection with information society services offered in accordance with Article 8(1) of the GDPR.

If the controller has made the personal data public and is required to erase it pursuant to paragraph 1, the controller shall, taking into account available technology and the cost of implementation, take reasonable measures, including technical measures, to inform controllers that are processing the personal data that a data subject has requested the erasure of all links to such personal data, or of copies or replicas of such personal data. The right to erasure (“right to be forgotten”) does not apply where the processing is necessary:

  • to exercise the right to freedom of expression and information;
  • to comply with a legal obligation that requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, to the extent that the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of such processing, or for the establishment, exercise, or defense of legal claims.

(6) Right to Restriction of Processing You have the right to request that we restrict the processing of your personal data if any of the following conditions are met:

  • a. 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,
  • b. the processing is unlawful, and the data subject objects to the erasure of the personal data and instead requests that the use of the personal data be restricted;
  • c. the controller no longer needs the personal data for the purposes of the processing, but the data subject needs it to assert, exercise, or defend legal claims, or
  • d. the data subject has objected to the processing pursuant to Article 21(1) of the GDPR, as long as it has not yet been determined whether the controller’s legitimate grounds override those of the data subject.

If processing has been restricted in accordance with the conditions set forth above, such personal data—with the exception of its storage—will be processed only with the consent of the data subject, or for the establishment, exercise, or defense of legal claims, or to protect the rights of another natural or legal person, or for reasons of an important public interest of the Union or a Member State. To exercise the right to restrict processing, the data subject may contact us at any time using the contact information provided above. 

(7) Right to Data Portability You have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format, and you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that: a. the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) of the GDPR, and b. the processing is carried out by automated means. When exercising the right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from one controller to another controller, to the extent that this is technically feasible. Exercising the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 

Use of Google Analytics 

(1) This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies,” which are text files stored on your computer that enable an analysis of your use of the website. The information generated by the cookie regarding your use of this website is generally transmitted to and stored on a Google server in the United States. However, if IP anonymization is enabled on this website, your IP address will be truncated by Google beforehand within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the United States and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website and internet usage to the website operator. 

(2) The IP address transmitted by your browser as part of Google Analytics is not combined with any other data held by Google.

(3) You can prevent cookies from being stored by adjusting your browser settings accordingly; however, please note that in this case, you may not be able to use all features of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address), as well as from processing this data, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. 

(4) This website uses Google Analytics with the “_anonymizeIp()” extension. This truncates IP addresses during processing, thereby preventing any association with specific individuals. If the data collected about you can be linked to a specific individual, such a link is immediately ruled out, and the personal data is promptly deleted. 

(5) We use Google Analytics to analyze and regularly improve the use of our website. The statistics we collect allow us to improve our offerings and make them more interesting for you as a user. In the rare cases where personal data is transferred to the United States, Google has committed to complying with the EU-U.S. Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. Rechtsgrundlage für die Nutzung von Google Analytics ist Art. 6 Abs. 1 S. 1 lit. f DSGVO. 

(6) Third-party provider information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of Use: http://www.google.com/analytics/terms/de.html, Übersicht zum Datenschutz: http://www.google.com/intl/de/analytics/learn/privacy.html, sowie die Datenschutzerklärung: http://www.google.de/intl/de/policies/privacy. 

(7) This website also uses Google Analytics to perform cross-device analysis of visitor traffic, which is carried out using a user ID. You can disable cross-device analysis of your usage in your customer account under “My Data,” “Personal Data.” 

(8) Right to Object You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you that is carried out pursuant to Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions. The controller will no longer process the personal data unless it can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims. If personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for such marketing purposes; this also applies to profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for those purposes. In connection with the use of information society services, you may exercise your right to object through automated means using technical specifications, notwithstanding Directive 2002/58/EC. You have the right to object, on grounds relating to your particular situation, to the processing of your personal data carried out for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest. You may exercise your right to object at any time by contacting the respective data controller. 

(9) Automated decisions in individual cases, including profiling: You have the right not to be subject to a decision based solely on automated processing—including profiling—that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision: a. is necessary for the conclusion or performance of a contract between the data subject and the controller; b. is authorized by Union or Member State law to which the controller is subject, and that law provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject; or c. is based on the data subject’s explicit consent. The controller shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at a minimum the right to request that the controller involve a person, to present the data subject’s point of view, and to challenge the decision. The data subject may exercise this right at any time by contacting the relevant controller. 

(10) Right to lodge a complaint with a supervisory authority. Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, your workplace, or the place where the alleged infringement occurred, if you believe that the processing of your personal data violates this Regulation. 

(11) Right to an effective judicial remedy. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 of the GDPR, you have the right to an effective judicial remedy if you believe that your rights under this Regulation have been infringed as a result of the processing of your personal data in a manner inconsistent with this Regulation.

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