Duty to supply information in accordance to § 5 TMG (German Telemedia Act):
Operational address: Moenchhofstrasse 24, 60326 Frankfurt am Main, Germany
Registered address: Am Kieswerk 12, 63791 Karlstein am Main, Germany
Telephone: +49 69 / 750027 0
Fax: +49 69 / 750027 27
E-mail: [email protected]
Authorised representative General Manager: Mr Matthias Hartmann
Registry Court: District Court of Aschaffenburg
Register number: HRB 16481
VAT identification number according to § 27 a UStG (Value Added Tax Act): DE 240830908
Responsible for the content according to § 55 (2) RStV (State Treaty on Broadcasting): Mr Matthias Hartmann
Copyrights/intellectual property rights
All content displayed on these web pages, in particular texts, images, photographs, graphical representations, music, brand names and trademarks, is subject to the provisions stipulated in German copyright law.
The duplication, processing, distribution or any other form of usage beyond the scope of the copyright provisions requires the prior written consent of the author, respectively creator. These pages may only be downloaded or copied for private usage. Commercial usage is not allowed.
1. Web page content
The content of this website has been compiled using the most current information available to the author and with the utmost care. NewTelco GmbH is only liable for this content in accordance with general legal provisions, in particular for NewTelco’s own content according to § 7 TMG (Telemedia Act) and for third-party content according to §§ 8-10 TMG. As a service provider, NewTelco GmbH may only be held responsible for third-party content once NewTelco GmbH has gained knowledge of a specific rights violation. NewTelco GmbH reserves the right to modify or delete informational content in whole or in part in as far as contractual obligations remain unaffected by such changes.
2. References to third-party pages
The content of third-party web pages to which NewTelco GmbH makes reference either directly or indirectly (through the use of “hyperlinks” or “deeplinks”) lies beyond the scope of NewTelco’s responsibility and shall not be adopted as NewTelco’s own. At the time of creating the links, NewTelco GmbH did not find them to contain any illegal content. As NewTelco GmbH has no influence on the current or future content design of the linked web pages, NewTelco GmbH explicitly declares herewith that NewTelco GmbH is not in any way associated with any content of the linked web pages changed after NewTelco GmbH having originally created the respective links. Liability for the content and, in particular, any damages resulting from the use of the information made available on the linked web pages shall be borne solely by the operator of the respective linked web pages. Should NewTelco GmbH gain knowledge of any illegal, unlawful or erroneous content on web pages accessed through our links, NewTelco GmbH will remove the respective links accordingly.
For data protection reasons, we like to give you ¬the following explanations:
- The provision of Personal Data is partly required by law, e.g. tax regulations;
- or can also result from contractual provisions, e.g. information on the contractual partner.
- Occasionally, the conclusion of a contract may require that a Data Subject provides us with Personal Data that has to be processed by us subsequently.
- The Data Subject is, for example, obliged to provide us with Personal Data when our company signs a contract with him or her.
- The non-provision of the Personal Data would have the consequence that the contract with the Data Subject could not be concluded.
- Please contact NewTelco GmbH before providing any Personal Data.
II. Privacy statement relating to our website and our services and performances
The use of our website is basically possible without directly providing Personal Data.
However, if you visit our website because you wish to use one of our services, as e.g. our newsletter, contact form etc., the Processing of Personal Data may become necessary.
Your Personal Data, e.g. your name, your address, your e-mail address or your phone number, are processed in accordance with the General Data Protection Regulation (GDPR) and in accordance with the valid country-specific data protection regulations (inter alia, the German Federal Data Protection Act) to which NewTelco GmbH is subject.
The purpose of this Privacy Statement is to inform you about the type, extent and purpose of the Personal Data collected, used and processed by us.
The following privacy statement is based on the General Data Protection Regulation (GDPR). It should be legible and understandable for you as well as for the general public. We hope that we have succeeded in doing so.
If you have any inquiries or suggestions to improve this privacy statement, please contact us.
The terms contained in the GDPR are defined in its article 4. Since our privacy statement is based on the GDPR, we like to briefly describe the relevant terms as follows. In doing so, we have followed Article 4 of the GDPR.
1. “Personal Data” means any information relating to an identified or identifiable natural person (hereinafter called ‘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;
2. “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, deletion or destruction;
3. “Restriction of Processing” means the marking of stored Personal Data with the aim of limiting their Processing in the future;
4. “Profiling” means any form of automated Processing of Personal Data consisting of the use of these 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.
Profiling is not being used by us.
5. “Pseudonymization” means the Processing of Personal Data in such a manner that these 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 is not attributed to an identified or identifiable natural person;
6. “Data System” means any structured set of personal data being accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;
7. “Controller” means 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;
8. “Processor” means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller;
9. “Recipient” means 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; the Processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the Processing;
10. “Third Party” means 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;
11. “Consent” of the Data Subject means for the specific case 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;
12. “Personal Data Breach“ means a breach of security leading to the destruction, loss or alteration, whether unintentional or unlawful, or unauthorized disclosure of, or access to, Personal Data transmitted, stored or otherwise processed;
13. “Cross-Border Processing” means either
a) the Processing of Personal Data which takes place in the context of the activities of establishments in more than one Member State of a Controller or Processor in the Union where the Controller or Processor is established in more than one Member State; or
b) the Processing of Personal Data which takes place in the context of the activities of a single establishment of a Controller or Processor in the Union, but which substantially affects or is likely to substantially affect Data Subjects in more than one Member State.
IV. Name and Address of Controllers
Operational address: Moenchhofstrasse 24, 60326 Frankfurt am Main, Germany
Registered address: Am Kieswerk 12, 63791 Karlstein am Main, Germany
Tel.: (+49) 69 / 750027 0
Fax: (+49) 69 / 750027 27
E-Mail: [email protected]
V. Data collection on and via our website
1. Collection of general data and information
Our website collects a series of general data and information when a Data Subject or automated system calls it up. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites reached by 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) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using this general data and information, we as a company do not draw any conclusions about the Data Subject. This information is rather needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertising, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the case of a cyber-attack. Therefore, NewTelco GmbH analyze anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our company, and to ensure an optimal level of protection for the Personal Data we process. The anonymous data of the server log files is stored separately from all Personal Data provided by a Data Subject.
3. Content, services and performances provided by third parties
Our services sometimes include content, services and performances of third-party providers. These are, for example, maps provided by Google Maps, videos provided by YouTube as well as graphics and pictures of other websites. In order for this data to be able to be retrieved and displayed in the user’s browser, the transmission of the IP address is mandatory. The providers therefore notice the IP address of the respective user. Although we try to work exclusively with third-party providers who require the IP address only to deliver content, we have no influence on whether the IP address is stored. The procedure in that case serves, inter alia, for statistical purposes. In case we are aware that the IP address is stored, we will notify our users accordingly.
The Controller responsible for Processing has integrated the Facebook component on this website. Facebook is a social network. A social network is a social meeting place operated on the Internet, an online community usually allowing its users to communicate and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences or allows the internet community to provide personal or company-related information. Facebook allows users of the social network among others to create private profiles, to upload photos as well as networking via friend requests.
Operator of Facebook is Facebook, Inc., 1 Hacker Way, Men-lo Park, CA 94025, USA. The Controller responsible for the Processing of Personal Data of Data Subjects living outside the U.S. or Canada is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to one of the individual pages of this website which is operated by the Controller and into which a Facebook component was integrated, the Internet browser on the information technology system of the Data Subject will automatically be initiated by the respective Facebook component to download a representation of the corresponding Facebook component of Facebook. A complete overview of all Facebook plug-ins can be retrieved at https://developers.facebook.com/docs/plugins/?locale=de_DE.
As part of this technical process, Facebook learns what specific sub-page of our website is visited by the Data Subject.
If the Data Subjcet is logged into Facebook at the same time, Facebook recognizes each time the Data Subject visits our website and during the entire visit to our website, what specific sub-page of our website the Data Subject visits. This information is collected by the Facebook component and traced by Facebook to the respective Facebook account belonging to the Data Subject. If the Data Subject clicks on one of the Facebook buttons that are integrated into our website, such as the “Like” button, or if the Data Subject enters a comment, Facebook attributes this information to the Data Subject’s personal Facebook user account and stores these Personal Data. Facebook will always be informed via the Facebook component that the Data Subject has visited our website if the Data Subject is simultaneously logged into Facebook at the time of the visit; this takes place regardless of whether or not the Data Subject clicks on the Facebook component. If the Data Subject does not wish this information to be sent to Facebook, he or she can prevent its transmission by logging out of their Facebook account before visiting our website.
We use You Tube for the integration of videos on this website. YouTube is operated by YouTube LLC with its head office at 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043, USA.
Every time you call up a sub-page of our website where a You Tube plug-in has been integrated, the browser on your IT system is automatically instructed by the respective YouTube component to download an image of the relevant YouTube component from YouTube. As part of this technical procedure, You Tube will learn what specific pages of our website you have visited. If you are at the same time logged into YouTube as a member, YouTube will attribute this information to your personal user account. If you use the plug-in, e.g. by clicking on the start button of a video, this information, too, will be attributed to your user account. You can prevent such transmission by logging out of your YouTube account and other user accounts of You Tube LLC and Google Inc. and delete their relevant cookies in your browser before visiting our website.
You find more information on data processing and data protection
through YouTube(Google) at http://www.google.de/intl/de/policies/privacy.
Our website uses Google Maps to display interactive maps and provide travel directions. Google Maps is a web service of Google Inc.,1600 Amphitheatre Parkway, Mountain View, California 94043, USA. When you access sub-pages of our website, that contain the Google Maps map, information about your use of our website (including your IP address) and the (start) address you have entered into the route planning function will be transmitted via your browser directly to and stored by Google on their servers in the United States. The map content is transmitted by Google directly to your browser by which it is integrated into the website. Therefore, we have no influence on the amount of data collected by Google in this way.
We have no influence on how this data is further processed and used by Google and therefore can assume no responsibility for this.
d. Google Analytics
The Controller responsible for Processing has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering and evaluation of data relating to the conduct of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited or how often and for what duration a sub-page was viewed. A web analysis is mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising. The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA. For the web analysis through Google Analytics, the Controller uses the application “_gat. _anonymizeIp”. By means of this application, the IP address of the Internet connection of the Data Subject is abridged by Google and anonymized when accessing our Internet pages from a Member State of the European Union or another contracting state to the Agreement on the European Economic Area. The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website, to provide us with online reports which show the activities on our websites, and to provide other services concerning the use of our website. Google Analytics places a cookie on the information technology system of the Data Subject. What cookies are has already been explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this website which is operated by the Controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the Data Subject will automatically submit data to Google through the respective Google Analytics component for the purpose of online analysis.
In the course of this technical procedure, Google gains knowledge of Personal Data such as the IP address of the Data Subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of the Data Subject’s visits to our website. With each visit to our Internet pages, such Personal Data, including the IP address of the Internet access used by the Data Subject, will be transmitted to Google in the United States of America. These Personal Data are stored by Google in the United States of America. Google may pass these Personal Data collected through the technical procedure to third parties.
As already described above, the Data Subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the Data Subject’s information technology system. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Alternatively to the browser add-on or in browsers on mobile devices, please click on the following hyperlink to prevent Google Analytics from tracking within this website: Deactivate Google Analytics (the opt-out works only in the respective browser and only for the respective domain).
An opt-out cookie will be placed on your device. If you delete your cookies in this browser, you have to click again on this link. In addition, most modern internet browsers have a ‘do not track’ option by which you indicate that you wish no records to be set up on your internet activities.
e. Google Web Fonts
For the uniform presentation of fonts, this website uses so-called Web Fonts provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA . When you call up a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.
For this purpose, your browser has to create a connection with the servers of Google. Hereby Google obtains knowledge that our website was called up via your IP address. Google Web Fonts and CDN are used in the interest of a uniform and appealing presentation of our online services. Pursuant to Article 6(1) lit. f of the GDPR, this is a legitimate interest.
If your browser does not support web fonts, a default font from your computer will be used.
VI. Links to other websites
We assume no responsibility for the collection and Processing of data by any Third Parties.
You will recognize websites of Third Parties because they are always opened in an own browser window. In contrast, new pages of our website always open in a new tab of your browser.
VII. Newsletter subscription
The website of NewTelco GmbH offers its users the opportunity to subscribe to our company’s newsletter. What Personal Data will be transmitted to the Controller who is responsible for the Processing, can be seen in the input mask to be used for the newsletter subscription.
NewTelco GmbH inform their customers and business partners regularly by means of a newsletter about the company’s offers and innovations. The newsletters may only be received by a Data Subject if (1) the Data Subject has a valid e-mail address and (2) the Data Subject registers for the newsletter mailing. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by the Data Subject for the first time when subscribing to the newsletter mailing. This confirmation e-mail serves to check whether the owner of the e-mail address has authorized the receipt of the newsletter as Data Subject.
We also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the Data Subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a Data Subject at a later date and therefore serves the legal protection of the Controller.
The personal data collected as part of a registration for the newsletters will only be used for the mailing of our newsletters. In addition, subscribers to the newsletters may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletters, or in the event of a change in technical circumstances. There will be no transfer of Personal Data collected by the newsletter service to Third Parties. The subscription to our newsletters may be terminated by the Data Subject at any time. The Consent to the storage of Personal Data, which the Data Subject has given for receiving the newsletters, may be revoked at any time. For the purpose of revocation of Consent, a corresponding link is found in each newsletter. It is also possible, at any time, to unsubscribe directly from the newsletter mailing on the website of the Controller or to inform the Controller in any other way.
The Controller shall collect and process the Personal Data of applicants for the Processing of the application procedure. Processing can also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or via a web form on the website to the Controller. If the Controller concludes a contract of employment with an applicant, the submitted data is stored for Processing the employment relationship in compliance with the legal requirements. If no employment contract is concluded with the applicant by the Controller, the application documents shall be automatically deleted two months after notification of the cancellation decision, provided that no other legitimate interests of the Controller are opposed to such deletion. Other legitimate interest in this sense is, e.g., a burden of proof in a procedure under the General Equal Treatment Act (AGG).
IX. Deletion and blocking of data with personal content
The Controller shall process and store the Personal Data of the Data Subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the Controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the Personal Data is routinely blocked or deleted in accordance with the legal requirements.
X. Your rights
1. Right to confirmation
Each Data Subject shall have the right granted by the European legislator to obtain from the Controller the confirmation as to whether or not his or her Personal Data are being processed. If a Data Subject wishes to assert this right of confirmation, he or she may, at any time, contact an employee of the Controller. In such case, please contact the management.
2. Right to information
Each Data Subject shall have the right granted under the European directives and legislation to obtain from the Controller free information about his or her Personal Data stored at any time, and a copy of this information. Also, the European legislator grants the Data Subject access to the following information:
- the purposes of Processing
- the categories of Personal Data that is 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 the right to request from the Controller rectification or deletion of Personal Data, or the restriction of Processing of Personal Data concerning the Data Subject, or to object to such Processing
- the existence of 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 the source of these data
- the existence of automated decision-making, including Profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such Processing for the Data Subject.
Also, the Data Subject shall have a right to obtain information as to whether Personal Data are transferred to a third country or to an international organization. Where this is the case, the Data Subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a Data Subject wishes to assert this right of confirmation, he or she may, at any time, contact an employee of the Controller. In this matter, please contact the management.
3. Right to rectification
Each Data Subject shall have the right granted by the European legislator to request from the Controller without undue delay the rectification of inaccurate Personal Data concerning him or her. Taking into account the purposes of the Processing, the Data Subject shall have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement. If a Data Subject wishes to assert this right of rectification, he or she may, at any time, contact an employee of the Controller. In such case, please contact the management.
4. Right to delete (Right to be forgotten)
Each Data Subject shall have the right granted by the European legislator to obtain from the Controller the deletion of his or her Personal Data without undue delay, and the Controller shall have the obligation to delete the Personal Data without undue delay where one of the following grounds applies, as long as Processing is not necessary:
- The Personal Data is no longer required for the purposes for which it was collected or otherwise processed.
- The Data Subject withdraws his or her Consent on which the Processing is based pursuant to Article 6(1) lit. a of the GDPR, or Article 9(2) lit. a of the GDPR, and where there is no other legal ground for the Processing.
- 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.
- The Personal Data was processed unlawfully.
- The deletion of the Personal Data is necessary to fulfill a legal duty pursuant to Union or Member State law to which the Controller is subject.
- The Personal Data was collected in relation to the offer of information society services pursuant to Article 8 (1) of the GDPR.
If one of the aforementioned reasons applies, and a Data Subject wishes to request the deletion of Personal Data stored by NewTelco GmbH, he or she may, at any time, contact an employee of the Controller. In this matter, please contact us. The responsible employee of NewTelco GmbH will ensure that the deletion request is complied with immediately.
Where NewTelco GmbH has made Personal Data public and, pursuant to Article 17(1), is obliged to delete the Personal Data, NewTelco GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other Controllers processing the Personal Data that the Data Subject has requested deletion by such Controllers of any links to, or copy or replication of those Personal Data, as far as Processing is not required. The responsible employee of NewTelco GmbH will arrange for the necessary measures in individual cases.
5. Right to restriction of processing
Any Data Subject shall have the right granted by the European legislator to obtain from the Controller restriction of Processing in either of the following circumstances:
- 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 deletion of the Personal Data and requests instead the restriction of their use.
- The Controller no longer needs the Personal Data for the purposes of Processing, but the Data Subject needs them for the establishment, exercise or defense of legal claims.
- The Data Subject has objected to the Processing pursuant to Article 21(1) of the GDPR, pending the verification whether the legitimate grounds of the Controller override those of the Data Subject.
If one of the aforementioned conditions is met and a Data Subject wishes to request the restriction of the Personal Data stored by NewTelco GmbH, he or she may at any time contact the management of the Controller. The management will arrange the restriction of the Processing.
6. Right to data portability
Each Data Subject shall have the right, granted by the European legislator, to receive his or her Personal Data which was provided by the Data Subject to a Controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another Controller without hindrance from the Controller to which the Personal Data have been provided, as long as the Processing is based on Consent pursuant to Article 6(1) lit. a of the GDPR or Article 9(2) lit. a of the GDPR, or on a contract pursuant to Article 6(1) lit. b of the GDPR, and the Processing is carried out by automated means, as long as 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.
Also, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the Data Subject shall have the right to have the Personal Data transmitted directly from one Controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the Data Subject may at any time contact NewTelco GmbH.
7. Right to object
Each Data Subject shall have the right granted by the European legislator to object on grounds relating to his or her particular situation, at any time, to the Processing of his or her Personal Data, which is based on Article 6(1) lit. e or f of the GDPR.
This also applies to any Profiling based on these provisions.
We shall no longer process the Personal Data in the event of an 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.
If we process Personal Data for direct marketing purposes, the Data Subject shall have the right to object at any time to the Processing of his or her Personal Data 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 NewTelco GmbH to the Processing for direct marketing purposes, NewTelco GmbH will no longer process the Personal Data for these purposes.
In addition, the Data Subject has the right, on grounds relating to his or her particular situation, to object to our Processing of his or her Personal Data for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the Processing is necessary for the performance of a task carried out for reasons of public interest.
In order to assert the right to object, the Data Subject may at any time contact directly the management. Also, the Data Subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
8. Right to file an objection with a supervisory authority
If you find that the Processing of your Personal Data is unlawful, you are entitled to file an objection for data protection with a supervisory authority that is competent for your place of residence, workplace or the place of the presumed infringement.
9. Automated decision-making including Profiling
We do not use automated decision-making or Profiling. We would still like to inform you as follows:
Each Data Subject shall have the right granted by the European legislator not to be subject to a decision that is based exclusively on automated Processing, including Profiling, which produces legal effects concerning him or her ¬or significantly affects him or her, 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. In case the decision (1) is necessary for entering into, or performance of, a contract between the Data Subject and the Controller, or (2) is based on the Data Subject’s explicit Consent, NewTelco GmbH 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 his or her point of view and to contest the decision. If the Data Subject wishes to assert any rights related to automated decision-making, he or she may, at any time, contact an employee of the Controller.
10. Right to withdraw consent under data protection law
Each Data Subject shall have the right granted by the European legislator to withdraw, at any time, Consent to the Processing of his or her Personal Data.
If the Data Subject wishes to assert his or her right to withdraw Consent, he or she may, at any time, contact the management.
XI. Legal basis
The legal basis is the GDPR, whereby the Processing of the Personal Data relies on the following articles:
1. Art. 6 I lit. a of the GDPR: the Data Subject has given his or her consent to the Processing of his or her Personal Data for one or several specific purposes, e.g. when subscribing for our newsletter,
2. Art. 6 I lit. b of the GDPR: the Processing is necessary for the performance of a contract to which the Data Subject is party, or in order to take steps at the Data Subject’s request prior to enter into a contract, e.g. if you like to attend an event or book a room or make a reservation.
3. Art. 6 I lit. c of the GDPR: the Processing is necessary for the compliance with a legal obligation to which the Controller is subject, e.g. tax obligations to which our company is subject.
4. Art. 6 I lit. d of the GDPR: the Processing is necessary to protect vital interests of the Data Subject or another natural person.
5. Art. 6 I lit. f of the GDPR: all Processing operations to which none of the aforementioned articles apply, these operations being necessary to keep a legitimate interest of our company or any Third Party, provided the interests, fundamental rights and fundamental freedoms of the Data Subject do not prevail. Should the Processing of Personal Data rely on this Art. 6 I lit. f of the GDPR, our legitimate interest would be to carry out the activities of our company in favor of the well-being of our customers.
XII. Storage period for personal data
The criterion for the storage period for Personal Data is the respective legal retention period. Following the expiry of the respective period, the relevant data will be deleted routinely provided they are no longer needed for contract performance or contract initiation.
XIII. Other information
In their role as Controller of the Processing, NewTelco GmbH have implemented numerous technical and organizational measures to ensure the widest possible protection of the Personal Data that is processed via this website. However, since web-based data transmissions may have security gaps, absolute protection cannot be guaranteed. Therefore, any Data Subject is free to communicate to us their Personal Data in another way, e.g. by phone.