Policy

Data Protection Declaration

1) Information on the Collection of Personal Data and Contact Details of the Controller

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.

1.2 The controller in charge for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is DIAMOND BUSINESS KG, Johannes Schilling Str. 24, 97483 Eltmann, Deutschland, Tel.: 09522-943213, Fax: 09522-943219, E-Mail: info@diamond-business.info. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.

2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.

3) Cookies
In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit. We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections. Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: https://www.mozilla.org/en-US/privacy/websites/#cookies
Google: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Please note that the functionality of our website may be limited if cookies are not accepted.

4) Contacting
In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided that there are no legal storage obligations to the contrary.

5) Registration at the portal or forum
You can register on our website by entering your personal data. The personal data processed for registration is determined by the input mask used for registration. We use the so-called double opt-in procedure for registration, i.e. your registration is not complete until you have previously confirmed your registration via a confirmation e-mail sent to you for this purpose by clicking on the link contained therein. If you do not receive confirmation within 24 hours, your registration will automatically be deleted from our database. You are  obliged to provide the aforementioned data; all further information can be provided voluntarily by using our portal. If you use our portal, we store your data necessary for the fulfillment of the contract as well as, if necessary, information on the method of payment, until you finally delete your access. Furthermore, we store the data provided voluntarily by you for the duration of your use of the portal, unless you delete it beforehand. You can manage and change all information in the protected customer area. The legal basis can be found in Art. 6 (1) point f GDPR. In addition, we store all content published by you (such as public contributions, bulletin board entries, guestbook entries, etc.) to operate the website. We have a legitimate interest in providing the website and the complete user-generated content. The legal basis can be found in Art. 6 (1) point f GDPR. If you delete your account, your public statements, especially in the forum, will remain visible to all readers. However, your account is no longer accessible. All other data will be deleted in this case.

6) Use of Your Data for Direct Advertising

6.1 If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The indication of additional possible data is voluntary and is used to be able to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will not send you an e-mail newsletter, unless you have expressly confirmed to us that you agree to the sending of the newsletter. We will then send you a confirmation e-mail asking you to confirm that you wish to receive future newsletters by clicking on an appropriate link. By activating the confirmation link, you give us your consent to the use of your personal data in accordance with Art. 6 (1) point a GDPR. When you register for the newsletter, we store your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration so that we can trace any possible misuse of your e-mail address at a later time. The data collected by us when registering for the newsletter will be used exclusively for the purpose of advertising by means of the newsletter. You can unsubscribe from the newsletter at any time via the link provided in the newsletter or by sending a message to the responsible person named above. After your cancellation, your e-mail address will immediately be deleted from our newsletter distribution list, unless you have expressly consented to further use of your data or we reserve the right to use data in excess thereof, which is permitted by law and about which we inform you in this declaration.

6.2 If you have provided us with your e-mail address when purchasing products, we reserve the right to regularly send you offers for products similar to those already purchased from our range by e-mail. Pursuant to Section 7 (3) German law against unfair competition, we do not need to obtain separate consent from you for this. In this respect, data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising pursuant to Art. 6 (1) point f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the controller named at the beginning. In this regard, you only have to pay the transmission costs according to the basic tariffs. Upon receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
6.3 Based on our legitimate interest in personalized direct mail, we reserve the right to store your first and last name, your postal address and - if we have received this additional information from you within the framework of the contractual relationship - your title, academic degree, year of birth and your professional, industry or business name in accordance with Art. 6 (1) point f GDPR and to use them for sending interesting offers and information on our products by letter post. You can object to the storage and use of your data for this purpose at any time by sending an appropriate message to the controller.

7) Use of Social Media

7.1 Facebook as Standard Plugin
Our website uses so-called social plugins ("plugins") of the social network Facebook operated by Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA ("Facebook"). The plugins are labeled with a Facebook logo or the addition "Facebook Social Plug-in" or "Facebook Social Plugin". An overview of the Facebook plugins and their appearance can be found at: https://developers.facebook.com/docs/plugins
If you access a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Facebook. The content of the plugin is directly sent from Facebook to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted directly from your browser to a server of Facebook in the USA and stored there. If you are logged in to Facebook, Facebook can immediately associate your visit to our website with your Facebook profile. If you interact with the plugins, for example by clicking the "I like" button or by submitting a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and signaled to your Facebook friends. The described data processing processes take place in accordance with Art. 6 (1) point f GDPR on the basis of Facebook's legitimate interests in the insertion of personalized advertising for the purpose of informing other users of the social network about your activities on our website and for the purpose of demand-oriented design of the service. If you do not want Facebook to associate the information collected through our website directly with your Facebook profile, you must log out of Facebook before you visit our website. You can also prevent the loading of the Facebook plugins and thus the data processing procedures described above with add-ons for your browser for the future, e.g. with the script blocker "NoScript" (https://noscript.net/). The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and setting options for the protection of your privacy can be found in the Facebook data protection information at: https://www.facebook.com/policy.php

7.2 LinkedIn with Shariff Solution
Our website uses so-called social plugins ("plugins") of the online service LinkedIn, which is operated by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA ("LinkedIn"). In order to increase the protection of your data when you visit our website, these buttons are not fully integrated into the page as plug-ins and only operational when using an HTML link. This type of integration ensures that no connection to Twitter's servers is established when a page of our website containing such buttons is accessed. When you click on the button, a new browser window opens and opens the Twitter page, where you can interact with the plugins (if necessary after entering your login data). The purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your relevant rights and setting options for the protection of your privacy can be found in the LinedIn data protection information at: https://www.linkedin.com/legal/privacy-policy

7.3 Twitter as Standard Plugin
Our website uses so-called social plugins ("plugins") of the microblogging service Twitter operated by Twitter Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). The plugins are labeled with a Twitter logo, for example in the form of a blue "Twitter bird". An overview of the Twitter plugins and their appearance can be found at: https://about.twitter.com/de/resources/buttons
When you access a page of our website that contains such a plugin, your browser establishes a direct connection to Twitter's servers. The content of the plugin is directly transmitted from Twitter to your browser and integrated into the page. The integration gives Twitter the information that your browser has accessed the corresponding page of our website, even if you do not have a Twitter profile or are not currently logged in to Twitter. This information (including your IP address) is directly transmitted from your browser to a Twitter server in the USA and stored there. If you are logged in to Twitter, Twitter can immediately associate your visit to our website with your Twitter account. If you interact with the plugins, for example by pressing the "Twitter" button, the corresponding information is also directly transmitted to a Twitter server and stored there. The information will also be published on your Twitter account and signaled to your contacts. The described data processing processes take place according to Art. 6 (1) point f GDPR on the basis of the legitimate interests of Twitter in the insertion of personalized advertising for the purpose of informing other users of the social network about your activities on our website and for the purpose of demand-oriented design of the service. If you are a member of Twitter's social network and wish to limit the collection of information about our site and the aggregation of your user data with the information about you stored on the Twitter social network, you should log out of Twitter before visiting our site. You can prevent the loading of the Twitter plugins and thus the data processing procedures described above also with Add-Ons for your browser for the future, e.g. with the script blocker "NoScript" (https://noscript.net/). The purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your relevant rights and setting options for the protection of your privacy can be found in the Twitter data protection information at: https://twitter.com/privacy.

8) Tools and Miscellaneous

8.1 Google Web Fonts
This site uses web fonts provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") to uniformly display fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly. To do this, the browser you are using must have a connection to Google's servers. When using Google Maps, personal data may also be transmitted to the servers of Google LLC. in the USA. In this way, Google will be informed that our website has been accessed via your IP address. Google Web Fonts are used for the purpose of a uniform and attractive presentation of our online offers and its use is in our legitimate interest within the meaning of Art. 6 (1) point f GDPR. If your browser does not support web fonts, a default font is used by your computer. Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://policies.google.com/privacy?hl=en.

8.2 Applications for job advertisements by e-mail
On our website we advertise currently vacant positions in a separate section, for which interested parties can apply by e-mail to the contact address provided. In order to be included in the application process, applicants must provide us with all personal data required for a well-founded and informed assessment and selection together with their application by e-mail. The required data includes general personal information (name, address, telephone or electronic contact details) as well as performance-specific evidence of the qualifications
required for a position. Where appropriate, health-related information may also be required which, in the interests of social protection, must be given special consideration in the applicant's person under labour and social law. Which components an application must contain in individual cases for it to be considered and in what form these components are to be sent by e-mail can be found in the respective job advertisement.
After receipt of the application sent using the specified e-mail contact address, the applicant data is stored by us and evaluated exclusively for the purpose of processing the application. For any queries arising in the course of processing the application, we will use either the e-mail address provided by the applicant with his or her application or a telephone number given. The legal basis for these processing operations, including contact for queries, is generally Art. 6 Para. 1 lit. b GDPR, according to which the completion of the application procedure is considered to be the initiation of an employment contract. Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR (e.g. health data such as information on the status of severely disabled persons) are requested from applicants in the course of the application procedure, processing is carried out in accordance with Art. Art. 9 para. 2 letter b. GDPR so that we can exercise the rights arising from labour law and social security and social protection law and fulfil our obligations in this respect. Cumulatively or alternatively, the processing of the special categories of data may also be based on Art. 9 para. 1 letter b GDPR if it is carried out for purposes of preventive health care or occupational medicine, for assessing the applicant's ability to work, for medical diagnosis, care or treatment in the health or social field or for the management of systems and services in the health or social field. If, in the course of the evaluation described above, the applicant is not selected or if an applicant withdraws his or her application prematurely, his or her data  transmitted by e-mail and all electronic correspondence, including the original application e-mail, will be deleted after 6 months at the latest following notification. This period is calculated on the basis of our legitimate interest in being able to answer any follow-up questions regarding the application and, if necessary, to comply with our obligations to provide evidence under the regulations on the equal treatment of applicants. In the event of a successful application, the data provided will be further processed on the basis of Art. 6 Para. 1 letter b GDPR for the purposes of carrying out the employment relationship.

9) Rights of the Data Subject

9.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:
- Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling and at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.
- Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.
- Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.
- Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.
- Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
- Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
- Right to lodge a complaint pursuant to Art. 77 GDPR: 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 habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

9.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS. IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.

10) Duration of Storage of Personal Data
The duration of the storage of personal data is determined by the respective legal retention period (e.g. commercial and tax retention periods). After expiry of this period, the corresponding data will be routinely deleted, provided they are no longer necessary for the performance or initiation of the contract and/or there is no longer any legitimate interest on our part in the further storage.

 


source www.it-recht-kanzlei.de