1. Who is responsible for data processing and who can I contact?
The controller is:
Hypergene GmbH
Alte Jakobstr. 83-84
10179 Berlin
Tel: +49 (0) 30 - 293 63 99 - 0
Fax: +49 (0) 30 - 293 63 99 – 50
Email: kontakt@hypergene.com
You can contact our Data Protection Officer at:
mip Consult GmbH
Attorney Asmus Eggert
Wilhelm-Kabus-Straße 9
10829 Berlin
Tel: +49 (0) 30 - 2088999 - 0
datenschutz@blueant.de
www.sofortdatenschutz.de
2. What sources and data do we use?
We process personal data that we receive from you in the course of using our website and, if applicable, our business relationship.
When you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. When you visit our website, we collect the following access data, which is technically necessary for us to display our website to you and to ensure stability and security. The access data includes the IP address, date and time of the request, time zone difference to Greenwich Mean Time (GMT), content of the request (i.e., name of the specific website accessed), access status/HTTP status code, amount of data transferred in each case, referrer URL (previously visited page), operating system and its interface, language and version, as well as type of browser software, notification of successful retrieval.
We also receive personal data if you contact us, for example, via the contact form, telephone, or email. Personal data in this context includes, for example, your name, address, email address, telephone number, and, if applicable, the data you send us in your message (hereinafter referred to as "contact data"). Depending on the nature of your inquiry, it may be necessary to provide additional data. Please note that when communicating by email, we cannot guarantee complete data security for this transmission method, so we recommend that you send information requiring a high level of confidentiality by post.
3. Why do we process your data (purpose of processing) and on what legal basis?
We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) for the following purposes and on the following legal bases:
3.1 Data processing based on your consent
If you have given us your consent to process personal data for specific purposes, in particular to contact you (e.g. via our web forms or by email to process and handle your enquiry), to send newsletters or for the purpose of advertising by telephone, e-mail, or SMS (direct advertising), the lawfulness of this processing is based on your consent in accordance with Art. 6 (1) (a) GDPR.
Consent that has been given can be withdrawn at any time.
Please note that the withdrawal only applies to the future. Processing that took place before the withdrawal is therefore not affected. You may withdraw your consent at any time by contacting us using the contact details provided above.
3.2 Data processing for the performance of pre-contractual measures at the request of the data subject
When you contact us (e.g., via web form, telephone, or email), your personal data will be processed for the purpose of handling your request and its processing, Art. 6 (1) (b) GDPR.
3.3 Data processing for the fulfillment of legal obligations
To the extent that the processing of your personal data is necessary to fulfill a legal obligation to which we are subject, such processing is carried out on the basis of Art. 6 (1) (b) GDPR.
3.4 Processing to safeguard our legitimate interests or those of third parties
We may process your personal data to protect our legitimate interests or those of third parties. In particular, we pursue the following legitimate interests:
• Ensuring IT security, in particular the security of our website;
• Improving the structure and content of our website;
• Asserting legal claims and defending against legal disputes;
3.5 Direct advertising to existing customers
If you have provided us with your email address when purchasing goods or services, we may send you offers for similar goods or services from our range by email. In accordance with Section 7 (3) UWG (German Unfair Competition Act), we do not require your separate consent for this. Data processing for this purpose is based on our legitimate interest in personalized direct advertising in accordance with Art. 6 (1) (f) GDPR in conjunction with Section 7 (3) UWG. If you initially objected to the use of your email address for this purpose, we will not contact you. You may object to the use of your email address for direct advertising at any time, effective for the future, for example by clicking the unsubscribe link at the end of our emails or by contacting us using the contact details provided above. Only basic transmission costs may apply. Upon objection, we will no longer use your email address for direct marketing purposes.
3.6 Conducting application procedures
When you contact us (via contact form or email) in connection with your application, we process your personal data in order to assess your suitability for the position (or other open positions in our company, if applicable) and to carry out the application process, Art. 6 (1) (b) GDPR. Your application data will be reviewed by our Human Resources department upon receipt. Suitable applications may then be forwarded internally to the department managers responsible for the respective position, who will decide on the further course of action. Within the company, only those persons who need access to your data for the proper execution of the application process will have access to it.
For any data processing that is not strictly necessary for the application process, we will obtain your consent, in accordance with Art. 6 (1) (a) GDPR.
Further information can be found in our Privacy Notice for applicants.
3.7 Storage of data on your device or access to data stored on your device
We use cookies and similar technologies on our website. Some information is stored on your device because it is absolutely necessary to make our website available to you, § 25 (2) No. 2 TDDDG. Data processing is carried out to protect our legitimate interest in accordance with Art. 6 (1) (f) GDPR in ensuring the best possible functionality of the website.
When you visit our website for the first time, you will also be asked whether you consent to the setting of cookies that are not technically necessary and the use of similar technologies. Collection, storage, and any subsequent processing of such data will only take place with your express consent, Section 25 (1) TDDDG, Article 6 (1) (a) GDPR.
If personal data is processed via individual cookies or similar technologies, processing is generally carried out in accordance with Art. 6 (1) (f) GDPR to safeguard our legitimate interests (e.g., ensuring optimal website functionality and a user-friendly design of the site), or on the basis of your consent in accordance with Art. 6 (1) (a) GDPR.
Further information on the use of cookies and similar technologies can be found under "Cookies and similar technologies".
4. Who receives my data?
Within our company, only those departments that require your data to fulfill our contractual and legal obligations have access to it.
We may also share data with processors engaged by us (Art. 28 GDPR) for the purposes described above. These are, for example, companies in the categories of IT services, logistics, printing services, telecommunications, consulting, and sales and marketing. If we pass on data to our service providers, they may only use the data to fulfill their tasks. The service providers have been carefully selected and commissioned by us. They have been carefully selected and contractually bound to follow our instructions. They implement appropriate technical and organizational measures to protect the rights of data subjects, ensure an adequate level of data protection, and are regularly monitored by us.
Data is only disclosed to third parties who are not processors within the scope of the legal requirements. We only share user data with third parties if this is necessary, for example, based on Art. 6 (1) (b) GDPR for contractual purposes, based on Art. 6 (1) (f) GDPR to safeguard legitimate interests (such as the efficient and economic operation of our business), or if you have provided your consent.
When using the website for purely informational purposes, we do not pass on any data to third parties.
5. How long will my data be stored?
5.1 Access data
For security reasons (e.g., to investigate misuse or fraud), log file information is stored for a maximum of 14 days and then deleted (see point 2 above). Data that must be retained for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.
5.2 (Pre-)contractual measures
Where necessary, we process and store your personal data for the duration of our business relationship, which also includes, for example, the initiation of a contract via contact form or email.
5.3 Applicant data
Applicant data will be deleted after 6 months in the event of rejection. If you have not been hired but your application is still of interest to us, we will retain your application for future job vacancies, provided we have your express written consent. The data will be deleted after two years at the latest or upon revocation of your consent. If we fill the advertised position with you, your data will be stored in our human resources management system.
5.4 Legal retention obligations
We are also subject to various storage and documentation obligations arising from, among other things, the German Commercial Code (HGB) and the German Fiscal Code (AO). The periods specified therein for storage and documentation are six to ten years.
5.5 Limitation periods
Finally, the storage period is also assessed in accordance with the statutory limitation periods, which, for example, according to §§ 195 ff. of the German Civil Code (BGB), are generally three years, but in certain cases can also be up to thirty years, with the regular limitation period being three years.
If you assert your rights as a data subject, we will store your request in this regard for three years until the expiry of the statutory limitation period in accordance with Section 31 (2) No. 1 OWiG, Section 41 (1) BDSG, Art. 83 (5) lit. b GDPR. This period may be extended if the statutory limitation period is extended due to interruptions of the limitation period (e.g., in the context of inquiries from supervisory authorities).
5.6 Additional storage periods
Information on further storage periods can be found in the following paragraphs.
6. Is data transferred to a third country or to an international organization?
The data provided is processed within the European Union and in the USA. When transferring data to the USA, we ensure that the recipients are either certified under the EU-U.S. Data Privacy Framework or that we have entered into EU standard contractual clauses with recipients who are not certified. If we base the data transfer on the EU standard data protection clauses, we implement additional security measures to protect your data and to ensure an adequate level of protection for your personal data. You have the right to receive or review a copy of the EU standard contractual clauses. If necessary, we will obtain your express consent for the data transfer to the USA.
7. What data protection rights do I have?
Every data subject has
· the right of access under Art. 15 GDPR (i.e., you have the right to request information about your personal data stored by us at any time),
· the right to rectification pursuant to Art. 16 GDPR (i.e., if your personal data is inaccurate or incomplete, you can request that it be corrected),
· the right to erasure pursuant to Art. 17 GDPR and the right to restriction of processing pursuant to Art. 18 GDPR (i.e. you may have the right to request the erasure or restriction of the processing of your personal data if, for example, there is no longer a legitimate business purpose for such processing and legal retention obligations do not require further storage),
· the right to data portability under Art. 20 GDPR (i.e., you may have the right to receive the personal data concerning you that you have provided to us in a structured, commonly used, and machine-readable format and to transmit those data to another controller without hindrance).
Furthermore, you can withdraw your consent, generally with effect for the future.
In addition, you have the right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR in conjunction with § 19 BDSG). You can find the supervisory authority responsible for you at https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html. We would appreciate it if you contact us first, so that we have the opportunity to address your concerns before you approach the supervisory authority.
In addition, we would like to point out your right to object under Art. 21 GDPR:
Information about your right to object under Art. 21 GDPR You have the right, for reasons arising from your particular situation, object at any time to the processing of personal data concerning you that is carried out on the basis of Art. 6 (1) (e) GDPR (data processing in the public interest) and Art. 6 (1) (f) GDPR (data processing based on a balancing of interests); This also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing serves to assert, exercise, or defend legal claims. In individual cases, we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes. Objections can be submitted to us in any form using the contact details provided above. No costs other than the transmission costs according to the basic rates will be incurred. |
8. To what extent is there automated decision-making in individual cases, including profiling?
When you access our website or contact us via form or email, we do not use fully automated decision-making in accordance with Article 22 GDPR. If we use such procedures in individual cases, we will inform you separately where required by law. We do not process your data automatically with the purpose of evaluating certain personal aspects (profiling).
9. Am I obliged to provide data?
When visiting our website, you must provide the personal data that is technically necessary for the use of our website or for IT security purposes. If you do not provide this data, you will not be able to use our website.
When contacting us via form or email, you only need to provide the personal data that is necessary to process your request. Otherwise, we will not be able to process your request.
If your request relates to concluding a contract or if the provision of data is necessary for initiating a contract, failure to provide the required data may result in our inability to provide the intended service.
10. Cookies and similar technologies
We and the service providers we use process personal data on this website and use cookies and similar technologies, such as web storage or web beacons. These technologies can store information on your device or access information already stored on your device (so-called client-based tracking).
Cookies are stored in the browser on the user's device. They contain information that is stored about a visited page. The cookie is either sent to the browser by the web server or generated in the browser by a script (JavaScript). The web server can read this cookie information directly during subsequent visits to this page or transfer the cookie information to the server via a script on the website. When cookies are set, they usually collect and process certain user information on an individual basis, such as browser and location data and IP address values. Some of these cookies are essential for the functioning of our website, while others help us to improve our website by providing us with insights into how you use the website.
With web storage, information is stored locally in your browser's cache. The stored information is either automatically deleted after closing the browser window ("session storage") or remains in place so that it can be read again when you visit the website again ("local storage"), unless you delete your browser cache ("browser data").
Web beacons are 1×1 pixel graphics that are integrated in various ways into websites or emails (newsletters) and are also used to collect and evaluate user data.
You can individually prohibit the storage of cookies via your browser settings (you can find out how to set cookie handling on the browser's help page). Help with cookie management in the most common browsers can be found at the following pages:
· Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-loeschen-daten-von-websites-entfernen
· Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
· Google Chrome: https://support.google.com/accounts/answer/61416?hl=de
· Opera: http://www.opera.com/de/help
· Safari: https://support.apple.com/kb/PH17191?locale=de_DE&viewlocale=en_US
· Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-l%C3%B6schen-63947406-40ac-c3b8-57b9-2a946a29ae09.
Please note that disabling cookies may result in functional restrictions on this website.
We will inform you about the specific use of the above technologies and the scope of the information collected in each case in the following paragraphs.
11. Services