PRIVACY & COOKIES POLICY

We greatly appreciate your interest in our company. Data protection holds a particularly high priority for the management of GOVI GmbH. The use of the GOVI GmbH website is generally possible without providing any personal data. However, if a data subject wishes to use special services via our website, processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data—such as the name, address, email address, or telephone number of a data subject—is always carried out in accordance with the General Data Protection Regulation (GDPR) and the country-specifi c data protection regulations applicable to GOVI GmbH. By means of this privacy policy, our company would like to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights under this privacy policy.

As the controller responsible for processing, GOVI GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed through this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.

1. Definitions

The privacy policy of GOVI 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 general public, as well as our customers and business partners. To ensure this, we would like to fi rst explain the terminology used. In this privacy policy, we use, among others, the following terms:

a) Personal data

Personal data means any information relating to an identifi ed or identifi able natural person (“data subject”). An identifi able natural person is one who can be identifi ed, directly or indirectly, in particular by reference to an identifi er such as a name, an identifi cation number, location data, an online identifi er, or to one or more factors specifi c to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data subject

A data subject is any identifi ed or identifi able natural person whose personal data is processed by the controller responsible for the processing.

c) Processing

Processing is any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, 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 its 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 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 way that the personal data can no longer be attributed to a specifi c 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 identifi ed or identifi able 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.

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 is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry shall not be regarded as recipients.

j) Third party T

hird 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 is any freely given, specifi c, informed, and unambiguous indication of the data subject's wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

2. Name and Address of the Controller

The controller, within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions of a data protection nature, is:

GOVI GmbH Max-Planck-Str. 5
53842 Troisdorf
Germany
Phone: +49 (0)2241 9229460
Email: info@govi-gmbh.de
Website: www.govi-gmbh.de

3. Collection of General Data and Information

The website of GOVI GmbH collects a range of general data and information each time it is accessed by a data subject or an automated system. This general data and information is stored in the server’s log fi les. The data collected may include: the types and versions of browser used, the operating system used by the accessing system, the website from which an accessing system reaches our site (so-called referrer), the subpages visited via an accessing system on our website, the date and time of access to the site, an Internet Protocol (IP) address, the internet service provider of the accessing system, and other similar data and information used for threat prevention in the event of attacks on our IT systems. When using this general data and information, GOVI GmbH does not draw any conclusions about the data subject. Rather, this information is needed to: deliver the content of our website correctly, optimize the content and advertising of our website, ensure the long-term functionality of our IT systems and website technology, and provide law enforcement authorities with necessary information in the event of a cyberattack.

Therefore, GOVI GmbH analyzes this anonymously collected data and information statistically and with the aim of increasing data protection and data security within the company, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data stored in the server log fi les is stored separately from all personal data provided by a data subject.

4. Routine Erasure and Blocking of Personal Data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as stipulated by the European legislator or another legislator in laws or regulations to which the controller is subject.

5. Rights of the Data Subject

a) Right to Confi rmation Every data subject has the right, granted by the European legislator, to obtain from the controller confi rmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right of confi rmation, they may, at any time, contact an employee of the controller.

b)Right of Access

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain at any time from the controller free information about the personal data stored about them and a copy of that 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 being 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 if possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that duration the existence of the right to request rectifi cation or erasure of personal data, or restriction of processing, or to object to such processing the right to lodge a complaint with a supervisory authority if the personal data were not collected from the data subject: any available information about the source of the data the existence of automated decision-making, including profi ling, referred to in Article 22(1) and (4) of the GDPR and — at least in these cases — meaningful information about the logic involved, as well as the signifi cance and the envisaged consequences of such processing for the data subject The data subject also has the right to know whether personal data have been transferred to a third country or to an international organization. If so, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may, at any time, contact an employee of the controller.

c) Right to Rectification

Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectifi cation of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject 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 rectifi cation, they may, at any time, contact an employee of the controller.

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 request from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and insofar as the processing is not necessary: The personal data were collected or otherwise processed for purposes for which they are no longer necessary. The data subject withdraws their consent on which the processing is based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and 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 pursuant to Art. 21(2) GDPR. The personal data have been unlawfully processed. The personal data must be erased to comply with a legal obligation under Union or Member State law to which the controller is subject. The personal data were 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 GOVI GmbH, they may, at any time, contact an employee of the controller. The employee of GOVI GmbH shall ensure that the erasure request is complied with without delay. Where GOVI GmbH has made the personal data public and is obligated pursuant to Art. 17(1) GDPR to erase the personal data, GOVI GmbH, taking into account available technology and implementation cost, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure of any links to, or copies or replications of, those personal data, insofar as processing is not required. The employee of GOVI GmbH will arrange the necessary measures in individual cases.

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 request the restriction of processing if one of the following conditions is met: 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, 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 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, and it is not yet determined 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 GOVI GmbH, they may, at any time, contact an employee of the controller. The employee of GOVI GmbH will arrange the restriction of processing.

f) Right to Data Portability

Every data subject has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also 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 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, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may contact any employee of GOVI GmbH at any time.

g) Right to Object

Every data subject has the right, granted by the European legislator, to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profi ling based on those provisions. In the event of an objection, GOVI GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is for the establishment, exercise, or defense of legal claims. Where GOVI GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profi ling to the extent that it is related to such direct marketing. If the data subject objects to GOVI GmbH to the processing for direct marketing purposes, GOVI GmbH will no longer process the personal data for these purposes. Additionally, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them for scientifi c 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 GOVI GmbH or another employee. The data subject is also free to exercise their right to object in the context of the use of information society services, notwithstanding Directive 2002/58/EC, by automated means using technical specifi cations.

h) Automated Individual Decision-Making,

Including Profi ling Every data subject has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing — including profi ling — which produces legal effects concerning them or similarly signifi cantly affects them, unless the decision: is necessary for entering into, or the performance of, a contract between the data subject and the controller; 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 is based on the data subject’s explicit consent. If the decision is necessary for entering into or the performance of a contract, or it is based on the data subject’s explicit consent, GOVI GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision. If the data subject wishes to assert rights relating to automated decision-making, they may contact an employee of the controller at any time.

i) Right to Withdraw Data Protection Consent

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 their personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, they may contact an employee of the controller at any time.

6. Privacy Policy on the Use and Application of Google Analytics (with Anonymization Function)

The controller has integrated the component Google Analytics (with anonymization function) on this website. Google Analytics is a web analytics service. Web analytics involves the collection, gathering, and evaluation of data on the behavior of visitors to websites. A web analytics service collects, among other things, data on the website from which a person has come (the so-called referrer), which subpages were visited, or how often and for what duration a subpage was viewed. Web analytics is primarily used to optimize a website and for cost-benefi t analysis of internet advertising. The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, USA. The controller uses the "_gat._anonymizeIp" extension for web analytics via Google Analytics. This ensures that the IP address of the data subject is shortened and anonymized by Google when accessing our website 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 visitor traffic on our website. Google uses the data and information collected, among other things, to evaluate the use of our website, compile online reports on website activity, and provide other services related to the use of our website. Analytics sets a cookie on the information technology system of the data subject. Cookies were explained earlier. By setting the cookie, Google is enabled to analyze the use of our website. Each time one of the individual pages on this website, which is operated by the controller and on which a Google Analytics component has been integrated, is accessed, the internet browser on the data subject’s IT system automatically sends data to Google for the purpose of online analysis. Through this technical process, Google gains knowledge of personal data, such as the IP address of the data subject, which serves, among other things, to determine the origin of visitors and clicks and to enable commission settlements. Personal data such as the access time, the location from which the site was accessed, and the frequency of visits are stored via the cookie. With each visit to our website, this data—including the IP address of the device used—is transmitted to Google in the United States of America. This personal data is stored by Google in the USA and may also be disclosed to third parties. The data subject may prevent the setting of cookies by our website at any time, as described above, by adjusting the browser settings, thus permanently objecting to the setting of cookies. Such a browser setting would also prevent Google from placing a cookie. In addition, cookies already set by Google Analytics may be deleted at any time via a browser or other software tools. Furthermore, the data subject has the option to object to the collection of data generated by Google Analytics and relating to the use of this website, and to prevent such processing by Google. To do this, the data subject must download and install a browser add-on available at: https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data or information about website visits may be transmitted. The installation of the browser add-on is interpreted by Google as an objection. If the data subject’s system is later deleted, formatted, or reinstalled, a new installation of the browser add-on will be necessary to disable Google Analytics again. If the add-on is uninstalled or deactivated by the data subject or another person within their control, it may be reinstalled or reactivated.

Further information and Google’s applicable privacy policy can be found at:

https://www.google.de/intl/de/policies/privacy/ and

http://www.google.com/analytics/terms/de.html

Detailed information about Google Analytics is available at:

https://www.google.com/intl/de_de/analytics/

7. Legal Basis for Processing

Art. 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specifi c processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party—such as when processing operations are required for the delivery of goods or the provision of services—the processing is based on

Art. 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, such as inquiries about our products or services. If our company is subject to a legal obligation that requires processing of personal data—such as tax obligations—the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This could be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details, or other vital information would need to be passed on to a doctor, hospital, or third party. The processing would then be based on Art. 6(1)(d) GDPR.

Ultimately, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis applies to processing operations that are not covered by any of the above legal bases if the processing is necessary for the purposes of a legitimate interest pursued by our company or a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject.

Such processing operations are permitted in particular because they have been specifi cally mentioned by the European legislator. The legislator considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).

8. Legitimate Interests in the Processing

Pursued by the Controller or a Third Party If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business operations in a manner that ensures the well-being of all our employees and shareholders.

9. Duration for Which Personal Data Is Stored

The criterion for determining the duration of the storage of personal data is the respective statutory retention period. After this period expires, the corresponding data is routinely deleted, provided it is no longer required for the fulfi llment of the contract or the initiation of a contract.

10. Legal or Contractual Requirements for

Providing Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision.

We inform you that the provision of personal data may in some cases be required by law (e.g., tax regulations) or may result from contractual obligations (e.g., information about the contracting party). In certain situations, it may be necessary for a data subject to provide us with personal data which must subsequently be processed by us in order to enter into a contract. For example, the data subject is obliged to provide us with personal data if our company is to enter into a contract with them. Failure to provide the personal data would mean that the contract could not be concluded with the data subject.

Before providing personal data, the data subject must contact one of our employees. Our employee will clarify on a case-by-case basis whether the provision of personal data is legally or contractually required, or necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

11. Existence of Automated Decision-Making

As a responsible company, we do not use automatic decision-making or profi ling. Note: This privacy policy was generated by the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer in Dortmund, in cooperation with the Cologne-based data protection lawyer Christian Solmecke.