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Privacy

I. Name and address of the responsible person

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is the:

Excellence Media GmbH

Karl-Walter-Straße 7

56410 Montabaur

E-Mail: info@excellence-media.com

Tel.: +49 (0) 2602 / 947410

II. General information on data processing

1. Scope of the processing of personal data

We only process our users’ personal data to the extent necessary to provide a functional website and our content and services. The processing of our users’ personal data only takes place if this is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) lit. d DSGVO serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.

3. Data deletion and storage period

The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or fulfillment of a contract.

III. provision of the website and creation of log files

1. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

  • Browser type and version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP-Address

The data is stored beyond the duration of the visit to the website and deleted after seven days at the latest.

2. Purpose of storage and legitimate interest

Data is collected to deliver the content of the website to the user’s computer. Our legitimate interest in data processing also lies in the provision of content and maintaining the usability of our website.

We need the log files to analyse errors and to defend against and track attacks on our website. The storage also serves to maintain the usability of our website.

3. Legal basis

The legal basis for the collection of data is Art. 6 para. 1 lit. f DSGVO, insofar as personal data is processed; the query of the information stored in the user’s device is carried out on the basis of Section 25 para. 2 TTDSG.

4. Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

IV. External Hosting

1. description and scope of data processing

Our website is hosted by an external service provider (hereinafter: hoster). All interactions of the user with our website, including all storage and deletion processes consciously initiated by the user, therefore take place in a dialogue between the user and the hoster.

INSOFAR AS IT IS STATED IN THIS DATA PROTECTION INFORMATION THAT DATA IS NOT TRANSFERRED TO A THIRD PARTY, THIS THEREFORE MEANS THAT DATA IS NOT TRANSFERRED TO THIRD PARTIES OTHER THAN THE HOSTER. AS FAR AS WE REFER TO “OUR SERVER”, WE MEAN THE SERVER PROVIDED BY THE HOSTER.

The hoster works for us on the basis of an order processing agreement and may only use the personal data processed for us to provide its hosting services. He is obliged to maintain strict confidentiality and may not use the personal data for his own purposes or those of third parties. Data processing takes place exclusively within the territory of the European Union.

Hosting is currently provided by Raidboxes GmbH, Hafenstraße 32, 48153 Münster, Germany

2. Legal basis

The legal basis for the use of an external hoster is Art. 6 para. 1 lit. f DSGVO. The legal basis for order processing by the hoster is Art. 28 ff. GDPR and the order processing agreement concluded with the latter.

3. Purpose of data processing and legitimate interest

The purpose of using an external hoster is to provide access to a highly available Internet connection at economical conditions. This is also our legitimate interest.

4. Possibility of objection and removal

Data collection and data processing by the hoster is absolutely necessary for the operation of the website and the portal operated on it; there is no option for the user to object.

V. Use of cookies

This section refers to technically necessary cookies. Insofar as other cookies are set that are not required for accessing the page content, this is shown in the section describing the respective function.

1. description and scope of data processing

a) The session cookie PHPSESSID is set on our website. The cookie assigns a unique session ID to each page visitor, which is used to identify them on the page so that content from previous page views can be loaded.

b) In addition, the Borlabs cookie is set on our website. The cookie stores the selection of cookies and external media made by the user so that only necessary cookies and external media accepted by the user are passed on to the user’s browser.

None of the cookies set process personal data of the user.

2. Legal basis for data processing

The legal basis for the processing of the data, including the data processing required for technical provision, is § 25 para. 2 No. 2 TTDSG.

3. Purpose of data processing

a) The PHPSESSID cookie saves your current session with reference to PHP applications and thus ensures that all functions of the page that are based on the PHP programming language can be displayed in full.

b) By storing the settings, the Borlabs cookie ensures that only those cookies and external content that are necessary or desired by the user are delivered to the user’s browser during the visit to the website. In particular, the cookie ensures that the user does not have to make the selection again when visiting a subpage; this applies during the session and, depending on the browser settings and unless the user deletes the cookie prematurely, for a period of 6 months.

4. Duration of storage, possibility of objection and removal

The cookies are stored on the user’s computer and transmitted by it to our website. As a user, you therefore also have full control over the use of cookies. By changing the settings in your internet browser, the user can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be automated. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

The storage period of the PHPSESSID cookie ends at the end of the session. The storage period of the PHPSESSID cookie ends at the end of the session.

VI. Membership application

1. Description and scope of data processing

We offer the opportunity to apply for membership of our network using a contact form provided specifically for this purpose. Via the contact form, we record the user’s first name, surname, date of birth and email address, their current career and status level and their highest degree. We also record, where provided, address, title and telephone number as well as information on possible requests for a change of job, information on additional qualifications, awards, publications and lectures as well as language skills, voluntary activities, membership of organisations and free text on the motivation for membership, free text on interesting facts about the user as well as a CV.

2. legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. b DSGVO.

3. Purpose of data processing

The processing of personal data from the contact form is used to process the membership application. The recording and processing of the date of birth serves not only to check the requirements for membership, but also in particular to ensure clear identification in the event of identical names with other persons.

4. Duration of storage

We store the duration for the duration of the user’s membership in our network. After the end of membership or in the event that membership does not materialise, we store the data for the period during which reciprocal claims may still exist. We then delete the data, provided there are no statutory retention obligations to the contrary.

VII. E-Mail contact

1. description and scope of data processing

If contact is made via the e-mail address provided, the user’s personal data transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation.

2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. f DSGVO. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

3. Purpose of data processing

The processing of personal data from the e-mail serves us solely to process the contact. This also constitutes the necessary legitimate interest in the processing of the data.

4. Duration of storage

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified. We delete emails that qualify as business correspondence within the meaning of the law after the statutory retention period has expired.

5. Possibility of objection and removal

The user has the option to object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

The objection can be made, for example, by sending an e-mail or via our contact form. In this case, unless we are legally obliged to retain the conversation or need the data for legal prosecution or legal defence, we will delete all personal data stored in the course of establishing contact, including the objection.

The right to object does not exist insofar as the processing is based on Art. 6 para. 1 lit. b DSGVO and the establishment of contact serves to initiate, conclude or fulfil a contract

VIII Embedded YouTube videos

1. Description and content of data processing

We integrate videos from the YouTube platform, a service of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (hereinafter: Google) under the menu item “Company”. The user’s IP address must be transmitted to Google so that the video can be displayed. This data transfer is only initialised by the user activating the toggle button in the YouTube video frame. Playing the video requires a second click by the user. This does not apply if the user has already consented to the integration of external video media via the data protection settings; in this case, the video is made available when the corresponding page is accessed.

Google’s privacy policy is available at https://www.google.com/policies/privacy/
As a third-party provider, Google can only send the content offered to the user’s browser using the user’s IP address. For the purpose of communication, Google sets cookies on the browser and uses the user’s IP address.

2. legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. f DSGVO.

Google uses so-called standard contractual clauses as the basis for data processing in third countries, i.e. countries outside the European Union, Iceland, Liechtenstein and Norway, but in particular the USA. Standard Contractual Clauses are templates provided by the EU Commission to ensure that data processing in third countries also complies with European data protection standards. Through this clause, Google undertakes to comply with the European level of data protection when processing your personal data, even if the processing takes place in a third country such as the USA. The standard contractual clauses are based on an implementing decision of the EU Commission. The implementing decision and the corresponding standard contractual clauses are available at https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=de

The standard contractual clauses provided by Google can be found at https://business.safety.google/-adsprocessorterms/sccs/.

There is also an adequacy decision by the European Union, according to which the USA guarantees an adequate level of protection for personal data, the Data Privacy Framework. Google participates in this programme and is certified for participation.

3. Purpose of data processing

The purpose of data processing is to provide video content from a specialised and highly available third-party provider without using storage space on the server of our website to expand the offer on our website. This is also our legitimate interest.

4. Revocation

If the user revokes their consent to view the videos, the connection to the Google server ends and the videos can no longer be viewed.

IX. Hubspot

1. Description and content of data processing

We use HubSpot on our website, a service provided by HubSpot Inc, 25 First Street, Cambridge, MA 02141 USA.

We use HubSpot for our own marketing, lead generation and customer service, which includes sending newsletters and automated mailings, social media publishing and reporting, contact management, landing pages, contact forms and online appointment scheduling. HubSpot analyses the information collected (e.g. IP address, geographical location, browser type, duration of the visit and pages accessed) on our behalf in order to generate reports on the visit and the website visited.

HubSpot uses cookies and “web beacons”, which are stored on the user’s computer and enable us to analyse website usage. For this purpose, the collected data is stored on a server operated by HubSpot Inc. operated server located in the USA. The transfer to HubSpot Inc. erfolgt auf Grundlage einer Auftragsverarbeitungsvereinbarung zwischen uns und der HubSpot Inc.

Die Cookies und Web Beacons werden nur gesetzt, wenn Sie hierin einwilligen. Consent is given via the Consent Tool, which can be accessed under the menu item “Data protection settings” and which the user can also use to revoke consent.

HubSpot stores the following cookies:

Name

Function

Storage duration

__cf_bm

This cookie is used to identify the visitor to the website as a human person and to distinguish them from bots.

The cookie has a storage period of 30 minutes.

_cfuvid

This cookie is used to distinguish between multiple visitors to our website with the same IP address for active rate limiting of data traffic. Without using this cookie, visitors with the same IP addresses may be grouped together and blocked.

Session duration

2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO.

There is also an adequacy decision by the European Union, according to which the USA guarantees an adequate level of protection for personal data, the Data Privacy Framework. HubSpot Inc. participates in this programme and is certified for participation.

The use of cookies and web beacons is based on § 25 para. 1 TTDSG, insofar as this involves the processing of personal data, additionally on the basis of Art. 6 para. 1 lit. a DSGVO.

3. Purpose of the processing

We use HubSpot to measure and improve the reach of our digital offering.

4. Duration of processing, cancellation

The storage of cookies ends with the revocation of the user’s consent to the storage, but at the latest at the times specified in section 1. The use of web beacons ends at the end of the user’s browser session.

X. Social Media

1. Social Media presence

In addition to this website, we also maintain a presence on social media. The user can visit these via the corresponding buttons. If the user does so, personal data may be transmitted to the respective platform. It is possible that in addition to the storage of the data entered by the user on the platform, further information may also be processed by the platform operator.

a) Operation by third parties

The platforms used by us and equipped with our content are operated by

b) Scope and content of data processing

The platform operators may process the most important data of the computer system from which the user visits the platform – for example, the IP address, the processor type used and browser version including plugins. When you visit the social media pages, the platform operator records the IP address, among other things.

In addition, the platform operators collect and process further personal data, over which we have no influence. We would like to point out that some or all of the data processing may take place outside the European Union. For the user, this can mean that the enforcement of his rights can be made more difficult, for example because foreign courts and authorities may be responsible.

The details and options for individual data protection settings, including the cancellation and objection options, are described in the privacy policy of the respective platform operator:

User data is regularly processed for market research and advertising purposes. In particular, the respective platform operator can create user profiles from the usage behaviour and the presumed interests of the user that can be seen from this, which are used for advertising purposes. Profiles are regularly recorded using cookies that are stored on the user’s computer.

If the user is logged into their social media account while visiting our social media page, the portal operator can recognise this and assign the visit to the user’s account.

c) Purpose of processing

The data of the user’s computer system is processed for the purpose of delivering the page content to the computer.

Further data is processed by the platform operator for market research and advertising purposes.

d) Legal basis

The processing of users’ personal data is based on our legitimate interests in effective user information and communication with users in accordance with Art. 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers of the platforms for consent to the data processing described above, the legal basis for the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.

2. Messages

a) Description and scope of data processing

If the user is logged into their social media account when visiting our social media presence and this offers a message function, they can send us a message via the social medium using the corresponding button. If contact is made via the social medium, the user’s personal data transmitted with the message will be stored. We use the data exclusively for processing the conversation.

b) Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. f DSGVO. Insofar as the contact is aimed at the preparation or conclusion of a contract with us, the additional legal basis is Art. 6 para. 1 lit. b) DSGVO. If a contract is concluded in this case and there is a legal obligation to retain the message, the additional legal basis for the duration of the retention obligation is Art. 6 para. 1 lit. c) DSGVO.

c) Purpose of data processing

The processing of personal data from the e-mail serves us solely to process the contact. This also constitutes the necessary legitimate interest in the processing of the data.

Insofar as the contact serves to prepare, establish or fulfil a contractual relationship with us, this is the further purpose of processing. If there is a subsequent legal obligation to retain your message, the storage also serves to fulfil the retention obligation.

d) Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

If the contact serves to prepare, establish or implement a contractual relationship with us, we store the data for as long as claims and other rights arising from the contractual relationship may exist (e.g. warranty claims / claims for damages). The duration regularly corresponds to the respective statutory limitation period.

If there is a statutory retention obligation (§ 147 AO; § 257 HGB), we store the data until the expiry of the statutory retention period.

e) Possibility of objection and removal

The user has the option to object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

The objection can be made, for example, by sending an e-mail. In this case, we will delete all personal data stored in the course of establishing contact, including the objection, unless we are legally obliged to retain the conversation.

XI. Social Media

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

1. right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you may request information from the controller about the following:

  • the purposes for which the personal data are processed;
  • the categories of personal data which are processed;
  • the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
  • the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;
  • the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
  • the existence of a right of appeal to a supervisory authority;
  • any available information on the origin of the data, if the personal data are not collected from the data subject;
  • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

2. Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller, insofar as the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

3. right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

  • if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
  • the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or
  • if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. right to deletion

a) Obligation to delete

You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay, if one of the following reasons applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.
  • They lay out acc. Art. 21 par. 1 DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. Art. 21 par. 2 DSGVO to object to the processing.
  • The personal data concerning you have been processed unlawfully.
  • The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
  • The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

b) Information to third parties

If the controller has made the personal data concerning you public and is obliged to do so pursuant to Art. Art. 17 para. Where the controller has made the personal data public and is obliged pursuant to Article 1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

c) Exceptions

The right to erasure does not exist insofar as the processing is necessary to

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

5. right to information

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the data controller.

6. right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

  • the processing is based on consent pursuant to. Art. 6 par. 1 lit. a DSGVO or Art. 9 par. 2 lit. a DSGVO or on a contract pursuant to. Art. 6 par. 1 lit. b DSGVO is based and
  • the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) (e) or (f) DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.

8. right to revoke the declaration of consent under data protection law

If you have submitted a declaration of consent under data protection law, you have the right to revoke this at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

  • is necessary for the conclusion or fulfillment of a contract between you and the responsible party,
  • is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  • is done with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

10. right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

The competent supervisory authority in data protection matters for our company is the state data protection commissioner of the federal state in which our company is based. A list of the data protection officers and their contact details can be found in the following link:

https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

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