§ 1 Definitions
The privacy policy of Numix GmbH is based on the terms used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy 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 terms used in advance.
In this privacy policy, we use, inter alia, the following terms:
a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
b) data subject
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
c) processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
e) profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
f) pseudonymization
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
§ 2 Name and address of the controller
Controller for the purposes of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions related to data protection is:
Numix GmbH
Neue Mainzer Straße 66-68
60311 Frankfurt am Main
Germany
Email: [email protected]
Website: https://numix.org
§ 3 Cookies
The websites of Numix GmbH 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 through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables visited websites and servers to distinguish the data subject’s individual browser from other internet browsers that contain other cookies. A particular internet browser can be recognized and identified by the unique cookie ID.
Through the use of cookies, Numix GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to utilize our website. For example, the user of a website that uses cookies does not have to enter access data each time the website is visited because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an 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 by our website at any time by means of a corresponding setting of 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.
§ 4 Collection of general data and information
Each time the Numix GmbH website is accessed by a data subject or by an automated system, a series of general data and information is collected. This general data and information is stored in the server log files. The following may be collected: (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 referrer), (4) the subpages which are accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) any other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, Numix GmbH does not draw any conclusions about the data subject. Rather, this information is needed in order to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as any advertising for it, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Therefore, Numix GmbH evaluates these anonymously collected data and information statistically and also with the aim of increasing data protection and data security in our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
§ 5 Registration on our website
The data subject has the possibility to register on the website of the controller by providing personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the transfer to one or more processors, for example a parcel service provider, who also use the personal data exclusively for an internal use attributable to the controller.
By registering on the website of the controller, the IP address assigned by the internet service provider (ISP) to the data subject, the date, and the time of the registration are also stored. The storage of these data takes place against the background that this is the only way to prevent misuse of our services, and these data make it possible, if necessary, to clarify criminal offenses committed. In this respect, the storage of these data is necessary to secure the controller. A transfer of these data to third parties does not take place in principle, unless there is a legal obligation to transfer or the transfer serves law enforcement.
The registration of the data subject, with voluntary indication of personal data, serves the controller to offer the data subject content or services which may only be offered to registered users due to the nature of the matter. Registered persons are free to change the personal data specified during registration at any time or to have them completely deleted from the data stock of the controller.
The controller shall provide information at any time upon request to each data subject as to what personal data about the data subject are stored. Furthermore, the controller shall rectify or erase personal data at the request or indication of the data subject, insofar as this does not conflict with statutory retention obligations. All employees of the controller are available to the data subject as contact persons in this context.
§ 6 Subscription to our newsletter
On the website of Numix GmbH, users are given the opportunity to subscribe to our company’s newsletter. Which personal data are transmitted to the controller when ordering the newsletter is determined by the input mask used for this purpose.
Numix GmbH informs its customers and business partners at regular intervals by means of a newsletter about company offers. The newsletter can, as a matter of principle, only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter dispatch. A confirmation email is sent to the email address initially registered by a data subject for newsletter dispatch for legal reasons in the double opt-in procedure. This confirmation email serves to check whether the owner of the email address as the data subject has authorized the receipt of the newsletter.
When registering for the newsletter, we also store the IP address assigned by the internet service provider (ISP) to the computer system used by the data subject at the time of registration as well as the date and time of registration. The collection of these data is necessary to be able to trace the (possible) misuse of a data subject’s email address at a later date and therefore serves the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will be used exclusively for sending our newsletter. Subscribers to the newsletter may also be informed by email if this is necessary for the operation of the newsletter service or a related registration, as might be the case in the event of changes to the newsletter offer or changes in technical circumstances. There is no transfer of personal data collected as part of the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data that the data subject has given us for newsletter dispatch may be revoked at any time. For the purpose of revoking consent, a corresponding link is found in each newsletter. There is also the option to unsubscribe from the newsletter dispatch at any time directly on the website of the controller or to communicate this to the controller in another way.
§ 7 Newsletter tracking
The newsletters of Numix GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Numix GmbH can see whether and when an email was opened by a data subject and which links contained in the email were called up by the data subject.
The newsletters of Numix GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Numix GmbH can see whether and when an email was opened by a data subject and which links contained in the email were called up by the data subject.
§ 8 Routine erasure and blocking of personal data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
§ 9 Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact any employee of the controller at any time.
b) Right of access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller at any time free information about the personal data stored about him or her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
the purposes of the processing
the categories of personal data concerned
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 erasure of personal data or restriction of processing concerning the data subject or to object to such processing
the existence of a right to lodge a complaint with a supervisory authority
where the personal data are not collected from the data subject, any available information as to their source
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
Furthermore, the data subject has a right to be informed whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may contact any employee of the controller at any time.
c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain 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 also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may contact any employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.
If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by Numix GmbH, he or she may contact any employee of the controller at any time. The employee of Numix GmbH shall arrange for the erasure request to be complied with without delay.
Where Numix GmbH has made the personal data public and our company as the controller is obliged pursuant to Art. 17(1) GDPR to erase the personal data, Numix GmbH shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers which are processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as processing is not required. The employee of Numix GmbH will take the necessary steps in the individual case.
e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by Numix GmbH, he or she may contact any employee of the controller at any time. The employee of Numix GmbH will arrange the restriction of processing.
f) Right to data portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, provided that processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In exercising his or her right to data portability pursuant to Art. 20(1) GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that the rights and freedoms of others are not adversely affected.
To assert the right to data portability, the data subject may contact an employee of Numix GmbH at any time.
g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.
Numix GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defense of legal claims.
Where Numix GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her 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 Numix GmbH to the processing for direct marketing purposes, Numix 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 processing of personal data concerning him or her by Numix GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact any employee of Numix GmbH or another employee. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning him or her, or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller or (2) is based on the data subject’s explicit consent, Numix 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 rights concerning automated decisions, he or she may contact an employee of the controller at any time.
i) Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may contact an employee of the controller at any time.
§ 10 Data protection for applications and in the application procedure
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents by electronic means, for example by email or via a web form on the website, to the controller. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded by the controller with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense would be, for example, a duty to provide evidence in proceedings under the German General Equal Treatment Act (AGG).
§ 11 Payment method: data protection provisions regarding PayPal as a payment method
The controller has integrated components of PayPal on this website. PayPal is an online payment service provider. Payments are processed via PayPal accounts, which represent virtual private or business accounts. PayPal also offers the option to process virtual payments via credit cards if a user does not maintain a PayPal account. A PayPal account is managed via an email address, so there is no traditional account number. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also assumes trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg.
If, during the ordering process in our online shop, the data subject selects "PayPal" as a payment option, data of the data subject are transmitted to PayPal automatically. By selecting this payment option, the data subject consents to the transfer of personal data required for payment processing.
The personal data transmitted to PayPal are usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. Personal data related to the respective order are also necessary to process the purchase agreement.
The transmission of the data aims at payment processing and fraud prevention. The controller will transmit personal data to PayPal in particular if there is a legitimate interest for the transmission. The personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit reference agencies. This transmission is for the purpose of identity and credit checks.
PayPal may pass on the personal data to affiliated companies and service providers or subcontractors insofar as this is necessary to fulfill contractual obligations or if the data are to be processed on behalf.
The data subject has the possibility to withdraw consent to the handling of personal data from PayPal at any time. A withdrawal does not affect personal data that must be processed, used, or transmitted for mandatory (contractual) payment processing.
The applicable data protection provisions of PayPal can be retrieved at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
§ 12 Legal basis for processing
Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the welfare of all our employees and our shareholders.
§ 13 Legitimate interests pursued by the controller or a third party
Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the welfare of all our employees and our shareholders.
§ 14 Period for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data are routinely deleted, provided they are no longer necessary for the performance of the contract or the initiation of a contract.
§ 15 Statutory or contractual requirements to provide personal data; necessity for contract conclusion; obligation of the data subject to provide personal data; possible consequences of failure to provide
We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). Sometimes it may be necessary, for the conclusion of a contract, that a data subject provides us with personal data which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data are 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 necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failure to provide the personal data would be.