Table of content
- § 1 Definitions of terms
- § 2 Name and address of the controller
- § 3 Legal basis of the processing
- § 4 Duration of storage of personal data
- § 5 Routine deletion and blocking of personal data
- § 6 Rights of the data subject
- § 7 Legitimate interests in the processing pursued by the controller or by a third party
- § 8 Legal or contractual provisions for the provision of personal data
- § 9 Provision of infrastructure
- § 10 Cookies
- § 11 Collecting data using server log files
- § 12 Contact details of the provider
- § 13 Contact form
- § 16 Integration of Google Maps
- § 17 Troubleshooting
- § 18 Integration of Google reCAPTCHA
The use of this website is basically possible without the indication of personal data. However, if a person concerned wishes to use special services via our website, personal data may be processed. If the processing of personal data is necessary and there is no legal basis for the processing, we generally obtain the consent of the person concerned.
The processing of personal data takes place in accordance with the requirements of the General Data Protection Regulation (GDPR) and in accordance with the applicable country-specific data protection regulations. By means of this data protection declaration, we would like to inform the public about the type, scope and purpose of the personal data processed by us. In addition, this privacy statement will inform visitors of this website about their rights. Numerous technical and organisational measures have been implemented to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, each person concerned is free to transmit personal data to us by alternative means, such as telephone or encrypted e-mail.
§ 1 Definitions of terms
(1) Personal Data
Personal data means any information relating to an identified or identifiable natural person (hereinafter "data subject"). A natural person shall be considered identifiable if he 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
The controller shall be 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 laid down by union law or by the law of the member states, the controller or controllers may be designated in accordance with union law or with the law of the member states on the basis of specific criteria.
(3) Person concerned
Data subject is any identified or identifiable natural person whose personal data are processed by the data controller.
Processing means any operation or set of operations which is carried out with or without the support of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
(5) Restriction of Processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
Pseudonymisation means 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 provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
(10) Third Party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
§ 2 Name and address of the controller
Controller according to Art. 4 (7) GDPR is:
Augur Capital AG
Augur Capital AG
60325 Frankfurt am Main
Phone: +49 69 716 799 0
§ 3 Legal basis of the processing
The legal basis for all processing operations for which we obtain the consent of the data subject is Art. 6 (1) a GDPR.
Processing operations that serve to fulfil a contract are based on Art. 6 (1) b GDPR. This also applies to processing operations that are necessary to carry out pre-contractual measures.
If the processing results from a legal obligation, Art. 6 (1) c GDPR is the legal basis for the processing.
In the event that the processing is intended to protect the vital interests of the persons concerned or other natural persons, the processing is based on Art. 6 (1) d GDPR.
If the controller is obliged to carry out tasks which are in the public interest or are carried out in the exercise of official authority, Art. 6 (1) e GDPR provides the legal basis.
If the processing is necessary to safeguard the legitimate interests of the controller or third parties, the processing is based on Art. 6 (1) f GDPR. The interests or fundamental rights and freedoms of the data subject must not predominate.
§ 4 Duration of storage of personal data
Personal data is only stored for as long as the purpose for which it was collected exists. An exception exists only if statutory retention periods provide for a different period.
§ 5 Routine deletion and blocking of personal data
The controller processes and stores personal data of the person concerned only for the period of time necessary to achieve the stated purpose or insofar as this has been provided for by the European directive and regulation giver or another legislator in laws or regulations to which the person responsible is subject.
If the stated purpose ceases to apply or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data will be blocked or deleted routinely and in accordance with the statutory provisions.
§ 6 Rights of the data subject
(1) Assert affected rights
If a data subject wishes to exercise the rights to which he or she is entitled, he or she may at any time contact the employee referred to in § 2.
(2) Right to confirmation
Any data subject shall have the right to obtain from the controller confirmation as to whether personal data relating to him or her are being processed.
(3) Right to obtain information
If personal data has been processed, the data subject has the right to request information free of charge on the personal data stored about him or her. It is also possible to obtain a copy of the relevant data. The data subject is entitled to the following information when providing information:
- the processing purposes
- the categories of personal data 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 organisations
- if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
- the existence of a right to the rectification or erasure of personal data concerning him or her or to the limitation of the processing carried out by the controller or of a right to object to such processing
- the existence of a right of appeal to a supervisory authority
- if the personal data are not collected from the data subject: All available information on the origin of the data
- where personal data is transferred to a third country or to an international organisation, the data subject shall have the right to be informed of appropriate safeguards relating to the transfer
(4) Right to rectification
The data subject concerned by the processing of personal data has the right to obtain from the controller without delay the rectification of any inaccurate personal data concerning him or her. The data subject shall also have the right to request the completion of incomplete personal data, including by means of a supplementary statement, having regard to the purposes of the processing.
(5) Right to erasure
The data subject who processes personal data shall have the right to request the controller to erase personal data concerning him without delay if one of the following reasons applies:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- The data subject withdraws his/her consent and there is no other valid legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject
(6) Right to restrict processing
The data subject who is subject to the processing of personal data shall have the right to request the controller to limit the processing if one of the following conditions is met:
- the accuracy of the personal data is contested by the data subject for a period of time which enables the controller to verify the accuracy of the personal data,
- the processing is unlawful and the data subject refuses to erase the personal data and instead requests that the use of the personal data be restricted;
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the assertion, exercise or defence of legal rights, or
- the data subject has lodged an objection to the processing pursuant to Art. 21 (1) GDPR as long as it has not yet been established whether the legitimate reasons of the data controller outweigh those of the data subject.
(7) Right to data portability
The data subject concerned by the processing of personal data has the right to obtain the personal data concerning him which he has made available to the controller in a structured, common and machine-readable format. It shall also have the right to communicate the data to another controller without being hampered by the controller to whom the personal data have been provided, provided that:
- the processing is based on a consent pursuant to Art. 6 (1) a GDPR or Art. 9 (2) a GDPR or on a contract pursuant to Art. 6 (1)para. 1 letter b GDPR a
- processing is carried out using automated procedures.
This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, this right shall not apply if the rights or freedoms of other persons are infringed.
(8) Right to object
The data subject who processes personal data has the right to object at any time, on grounds relating to his particular situation, to the processing of personal data concerning him on the basis of Article 6 (1) (e) or (f) of the GDPR.
Where personal data is processed for the purpose of direct marketing, the data subject shall have the right to object at any time to the processing of personal data concerning him for the purpose of such advertising, in so far as it relates to such direct marketing. If the data subject objects to the processing for the purposes of direct marketing, the personal data shall no longer be processed for those purposes.
The controller shall no longer process the personal data unless he can prove compelling legitimate reasons for the processing outweighing the interests, rights and freedoms of the data subject or the processing is for the exercise, exercise or defence of legal rights.
In addition, the data subject shall have the right to object to the processing of personal data concerning him/her for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1) of the GDPR, unless such processing is necessary for the performance of a task in the public interest, for reasons connected with his particular situation.
In connection with the use of information society services, the data subject may, notwithstanding Directive 2002/58/EC, exercise his right of objection by means of automated procedures using technical specifications.
(9) Automated decisions in individual cases including profiling
The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner. This shall not apply where the decision:
- is necessary for the conclusion or performance of a contract between the data subject and the controller,
- is authorised by legislation of the Union or of the Member States to which the person responsible is subject, and such legislation contains appropriate measures to safeguard the rights and freedoms and the legitimate interests of the persons concerned, or
- with the express consent of the data subject.
(10) Right to revoke a consent
The person concerned by the processing of personal data has the right to withdraw his or her consent at any time. The revocation shall not affect the lawfulness of the processing carried out on the basis of the consent until revoked.
(11) Right to complain
Die für den Verantwortlichen zuständige Behörde ist:
Der Hessische Beauftragte für Datenschutz und Informationsfreiheit
Adresse: Gustav-Stresemann-Ring 1, 65189 Wiesbaden
Postadresse: Postfach 3163, 65021 Wiesbaden
Telefon: 0611/1408 0
§ 7 Legitimate interests in the processing pursued by the controller or by a third party
If the processing of personal data is based on Art. 6 (1) f GDPR, the person responsible affirms that a conscientious weighing of our interests and the interests and fundamental rights of the data subject has taken place prior to the collection of the data. The data subject may demand that the legitimate interests of the data subject be substantiated.
§ 8 Legal or contractual provisions for the provision of personal data
It can happen that personal data must be provided due to legal regulations or contractual regulations. In the event of a request for an offer or the conclusion of a contract, it is necessary for the person concerned to provide us with certain personal data, which we then process. Failure to provide the necessary data would mean that the contract cannot be concluded.
Before providing personal data, the person concerned can inquire with the employee named in § 2 whether the collection of the same 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 would be if the data were not provided.
§ 9 Provision of infrastructure
All our data is hosted and stored on the servers of Hetzner Online GmbH.
Hetzner Online GmbH
Further information on data protection at Hetzner Online GmbH can be found at: https://www.hetzner.com/rechtliches/datenschutz?country=gb.
§ 10 Cookies
Cookies are used on our website. Cookies are text files which users of a visited website receive and which can be used to identify you to this website.
Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which web pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified by its unique cookie ID.
By using cookies, the responsible person can provide the users of this website with more user-friendly services, which would not be possible without the setting of cookies.
By means of a cookie, the information and offers on our website can be optimised in the interests of the user. The purpose of this recognition is to make it easier for users to use our website.
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. In addition, cookies that have already been set can be deleted at any time via the Internet browser or other software programs used. This is possible in all common Internet browsers. By deactivating cookies, it may happen that some functions of our website are no longer fully usable.
§ 11 Collecting data using server log files
On our website, a series of general data is collected each time a person concerned or an automated system accesses our website. These general data are collected anonymously and stored in the log files of the server. We record (a) the browser types and versions used, (b) the operating system used by the accessing system, (c) the website from which an accessing system accesses our website (so-called referrer), (d) the sub-sites which are accessed via an accessing system on our website, (e) the date and time of an access to the website, (f) an Internet protocol address (IP address), (g) the Internet service provider of the accessing system and (h) other similar data used to avert danger in the event of attacks on our IT systems.
The data collected is anonymised after seven days. Due to the anonymisation, the person responsible cannot draw any conclusions about the person concerned. This data is rather required to (a) correctly deliver the contents of our website, (b) optimise the contents of our website and the advertising for it, (c) guarantee the permanent functionality of our IT systems and the technology of our website and (d) provide law enforcement authorities with the data necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data is therefore evaluated by the responsible person both statistically and with the aim of increasing data protection and data security in our institution. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
§ 12 Contact details of the provider
Due to legal regulations, our website contains information that enables us to be contacted quickly and electronically and to communicate directly with you, including a general e-mail address. If a person concerned makes contact by e-mail, the personal data transmitted by the person concerned is automatically stored. Such personal data transmitted voluntarily by an affected person will be stored for the purpose of processing or contacting the affected person. This personal data will not be passed on to third parties.
§ 13 Contact form
The website contains a contact form which can be used to contact us. The personal data transmitted by the person concerned is automatically stored. Our legitimate interest is to answer to your request. Such personal data transmitted voluntarily by an affected person will be stored for the purpose of processing or contacting the affected person. This personal data will not be passed on to third parties.
The responsible person has integrated the component Matomo in this application. Matomo is an open source software tool for usage analysis. Usage analysis is the collection and analysis of data about user behavior on applications. In the web the tool records from which website the user has accessed this website, which subpages have been accessed and how often and how long subpages have been viewed by the user. In a mobile app the tool records time spent in the application and user interactions. This analysis is used to optimize the application.
The software is operated on the server of the responsible person. All log files are stored exclusively on this server.
The legal basis for processing data is the legitimate interest of the controller to optimise and evaluate the use of the application (Art. 6 par. 1 (f) GDPR). A weighing of interests of the controller and of the data subject has been carried out.
Matomo places a cookie on the IT system of the user concerned. The cookie enables the analysis of usage. Each time one of the individual pages is called up, the Internet browser on the IT system of the person concerned is automatically prompted to transmit data to our server for the purpose of online analysis. In this process, we obtain knowledge of the IP address of the person concerned, which serves, among other things, to trace the origin of the visitors. In addition to the IP address, the access time, location from which the access originated and the frequency of visits to our website are stored. The IP address is made anonymous immediately upon collection.
By adjusting the settings of the Internet browser used, the setting of cookies by Matomo can be permanently rejected. In addition, set cookies can be deleted at any time via the Internet browser or other software. Furthermore, it is possible to object to the recording of the use by Matomo. The person concerned must set an opt-out cookie for this purpose. If the cookie settings of the Internet browser used are reset, this cookie would have to be set again.
The setting of the opt-out cookie may lead to restrictions in the functionality of the website.
Further information and Matomo's current data protection regulations can be found at https://matomo.org/privacy/ abgerufen werden.
The responsible person has integrated components of YouTube on this website. YouTube is an Internet video portal that enables video producers to post video clips and other users to view, evaluate and comment on them free of charge. The integration of videos enables the presentation of advertising material, knowledge and other interesting videos.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland
When embedding YouTube videos on our website, we use the Nocookie link provided by YouTube. This means that the user is not yet analyzed when a website is called that has integrated the YouTube component (YouTube video). YouTube and Google do not know which specific subpage of the website is visited by the user until the video is played.
If the person concerned is logged in to YouTube at the same time, YouTube recognizes which specific subpage of our website the person concerned is visiting by calling up a subpage containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the person concerned.
YouTube and Google receive information via the YouTube component that the person concerned has visited our website if the person concerned is logged on to YouTube at the same time as the video is being played. If YouTube and Google do not want the data subject to submit this information to YouTube and Google in this way, the data subject may prevent the submission by logging out of his/her YouTube account before accessing our website.
The data protection regulations published by YouTube, which are available at https://policies.google.com/privacy/update?hl=en , provide information about the collection, processing and use of personal data by YouTube and Google.
§ 16 Integration of Google Maps
The website uses Google Maps to integrate maps. When you visit subpages that have integrated a Google Maps component, personal data is collected and transferred to Google Ireland Ltd. where it is used automatically.
The operating company of the Google Maps component is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
The person responsible uses Google Maps to conveniently display addresses and directions.
Further information and the valid data security regulations of Google can be called up under https://policies.google.com/privacy/update?hl=en .
§ 17 Troubleshooting
In order to be able to analyse and correct errors that have occurred on our website, monitoring is carried out. In the event of an error, crash, etc., the IP address of the user is collected. The data will be deleted after 35 days.
§ 18 Integration of Google reCAPTCHA
To protect the forms, the responsible person uses reCAPTCHA from Google Ireland Ltd. The query serves to differentiate whether the input is made by a human being or is abused by automated, mechanical processing. Your IP address and any other personal data may be forwarded to Google Ireland Ltd. in the process.
The operating company of the Google-reCAPTCHA component is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.
Further information and the valid data security regulations of Google can be called up under https://policies.google.com/privacy/update?hl=en .