Thank you very much for your interest in our company. Protecting your privacy is very important to us, the management of Profil M Beratung für Human Resources Management GmbH und Co. KG (hereinafter referred to as “Profil M”). In general, it is possible to use the Profil M websites without providing any personal information. However, if a data subject would like to make use of particular services offered by our company through our website, it may be necessary to process personal data. If the processing of personal data is necessary and no legal basis for such processing exists, we will generally ask for the data subject’s consent.
Any personal data – such as the name, address, e-mail address or telephone number of a data subject – will be processed in compliance with the General Data Protection Regulation (GDPR) and in line with any country-specific privacy rules applicable to Profil M. This Data Protection is designed to inform you about the kind of personal data we collect, use and process and about the scope and purpose of such activities. We will also inform the data subjects in this Data Protection about their rights.
As data controller, Profil M has implemented numerous technical and organizational measures to ensure that any personal data processed through the website are protected as fully and comprehensively as possible. However, potential gaps in security during web-based data transmissions can never be fully ruled out, making it impossible to guarantee total protection. Therefore, every data subject is free to choose an alternative way of transferring personal data to us, for instance by telephone.
Profil M’s Data Protection is based on definitions used by the European legislature enacting the General Data Protection Regulation (GDPR) of the European Union. Our Data Protection is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure that this is the case we would like to start by explaining the terms used.
The terms we are using in this Data Protection include the following:
- a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- b) data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the data controller.
- c) processing
Processing means any operation or set of operations which is performed on personal data or on sets of 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 means the marking of stored personal data with the aim of limiting their processing in the future.
- 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 natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
- f) pseudonymization
Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific 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 are not attributed to an identified or identifiable natural person.
- g) controller or data controller
Controller or data controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
- h) processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- i) recipient
Recipient means a natural or legal person, public authority, agency or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients.
- j) third party
Third party means 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 of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Name and address of the controller
The following company is the controller within the meaning of the GDPR, of other data protection laws applicable in the Member States of the European Union and of other provisions of a privacy related nature:
- Name and address of the data protection officer
The controller’s data protection officer is:
Mr. Niels Kill
c/o Althammer & Kill GmbH & Co. KG
Neuer Zollhof 3
40221 Düsseldorf, Germany
Telephone: +49 211 936748-90
Any data subject who has any questions or would like to make suggestions may directly contact our data protection officer.
Using cookies enables Profil M to provide the users of this website with more user-friendly services, which could not be provided without setting such cookies.
The data subject may, at any time, prevent cookies from being set by our website through a corresponding setting on the web browser he or she uses and may thus permanently object to cookies being set. In addition, cookies already set on a user’s system may be deleted at any time through a web browser or another software program. This can be done on all common web browsers. If the data subject disables the setting of cookies on the web browser he or she uses, not all features of our website may be fully usable.
- Collection of general data and information
A set of general data and information are collected by Profil M’s website every time a data subject or an automated system accesses our website. Those general data and information are stored in the server’s log files. The following are the data and information which may be collected:
(1) types and versions of browsers used;
(2) operating system used by the system accessing our website;
(3) the website from where a system accesses our website (so-called “referrer”);
(4) the sub-sites called up on our website by the accessing system;
(5) the date and time of access to our website;
(6) an Internet Protocol address (IP address);
(7) the Internet Service Provider of the accessing system; and
(8) other similar data and information used in defense against potential attacks on our information technology systems.
Profil M will not use such general data and information in order to identify the data subject. Instead, such information is required in order to:
(1) correctly deliver the contents of our website;
(2) optimize the contents of our website and any promotion or advertising of it;
(3) ensure the permanent functioning of our information technology systems and the technology of our website; and
(4) provide enforcement authorities with the necessary information for criminal prosecution in the event of a cyber-attack. Therefore, these data and information collected in an anonymized form will be analyzed by Profil M for statistical purposes on the one hand and, on the other, with the aim of improving data protection and data security in our company in order to ultimately ensure the best possible level of protection for the personal data processed by us. The anonymized data will be kept in the server log files separate from any personal data provided by a data subject.
- Subscription to our newsletter
Users of our website have the option of subscribing to our company’s newsletter. It is clear from the input mask used for subscriptions what personal data are transferred to the data controller when you subscribe to the newsletter.
The newsletter will be used by Profil M to inform its clients and business partners on a regular basis of the products and services offered by our company. As a rule, the data subject will be able to receive our company’s newsletter only if
(1) the data subject has a valid e-mail address; and
(2) the data subject has registered for the newsletter to be sent to him or her. Using the double opt-in procedure for legal reasons, data subjects will be sent a confirmation e-mail to the e-mail address they initially specified during registration as the address for our newsletter to be sent to. The purpose of this confirmation e-mail is to check whether the owner of the e-mail address, as the data subject, has authorized the receipt of our newsletter.
When you register to receive our newsletter, we also store the IP address of the computer system used by the data subject at the time of registration, as assigned by the Internet Service Provider (ISP), as well as the date and time of registration. Collecting these data is necessary to enable us to track any (potential) improper use of the data subject’s e-mail address later on; it therefore represents a legal safeguard for the data controller.
The personal data collected during the registration to receive our newsletter will be used exclusively for the purposes of sending our newsletter. In addition, newsletter subscribers may receive information by e-mail where this is necessary in order to operate the newsletter service or in connection with a registration for this service, as may be the case if there are changes to our newsletter service or to the technical aspects of that service. The personal data collected in the context of the newsletter service will not be passed on to third parties. The data subject may cancel his or her subscription to our newsletter at any time. The data subject may, at any time, withdraw his or her consent to the storage of personal data which the data subject provided to us in order to receive the newsletter. Every newsletter will contain a corresponding link for the purposes of withdrawal of consent. It is also possible to cancel the subscription to the newsletter at any time directly on the data controller’s website or you may choose to inform the data controller of that decision in another way.
- Contacting us via the website
As is required by law, our website contains information that allows you to contact our company quickly by electronic means or to communicate with us directly, which also includes a general electronic mail address (e-mail address). If a data subject contacts the data controller by e-mail or using a contact form, the personal data submitted by the data subject will be automatically stored. Such personal data transferred to the data controller by the data subject on a voluntary basis will be stored for the purposes of dealing with the request or contacting the data subject. Such personal data will not be passed on to third parties.
- Routine erasure and blocking of personal data
The data controller will process and store personal data of the data subject only for the period that is necessary in order to achieve the objective for which such data are stored or insofar as this is provided for in laws and regulations set out by the European legislature or another legislature which are applicable to the data controller.
If the reason for storing the personal data no longer exists or if a retention period stipulated by the European legislature or another competent legislature expires, the personal data will be routinely blocked or erased in accordance with the statutory regulations.
- Rights of the data subject
- a) Right of confirmation
Every data subject has the right granted by the European legislature to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact a member of staff at the data controller at any time.
- b) Right of access
Every data subject affected by the processing of personal data has the right granted by the European legislature to obtain from the controller, at any time and free of charge, access to any stored personal data concerning him or her and to be provided with a copy thereof. Furthermore, the European legislature has granted the data subject the right to be provided with the following the 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 at international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period;
- the existence of a right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or of a right to object to such processing;
- the existence of a right to file a complaint with a supervisory authority;
- where the personal data are not collected from the data subject: any available information as to the source of that data;
- the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) GDPR and — at least in those cases — meaningful information on the logic involved and the significance and the envisaged consequences of such processing for the data subject.
In addition, the data subject has the right to be informed about whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to such transfer.
If a data subject wishes to exercise this right of access, he or she may contact a member of staff at the data controller at any time.
Every data subject affected by the processing of personal data has the right granted by the European legislature to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has also 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 of rectification, he or she may contact a member of staff at the data controller at any time.
Every data subject affected by the processing of personal data has the right granted by the European legislature to obtain from the controller the erasure of personal data concerning him or her without undue delay, provided that one of the following grounds apply and where the processing is not required:
- Right to rectification
- Right to erasure (right to be forgotten)
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based pursuant to point (a) of Article 6(1) or point (a) Article 9(2) GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
Where one of the aforementioned grounds applies and the data subject wishes to have his or her personal data stored at Profil M erased, he or she may contact a member of staff at Profil M at any time. Our member of staff will then arrange for the requested erasure to be carried out without delay.
Where Profil M has made the personal data public and where our company, as the data controller, is obliged to erase the personal data pursuant to Article 17(1) GDPR, Profil M, taking into account the technology available and the implementation costs, will take reasonable steps, including technical measures, to inform other controllers which are processing the personal data made public that the data subject has requested the erasure by such other controllers of any links to, or copies or replications of, those personal data to the extent that the processing is not necessary. The member of staff at Profil M will take the necessary steps on a case by case basis.
Every data subject affected by the processing of personal data has the right granted by the European legislature to obtain from the controller the restriction of processing provided that one of the following applies:
- Right to restriction of processing
- 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 and 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 the 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 Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where one of the above applies and the data subject wishes to have his or her personal data stored at Profil M restricted, he or she may contact a member of our staff at any time. Our member of staff will arrange for the processing to be restricted.
Every data subject affected by the processing of personal data has the right granted by the European legislature to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. The data subject has also the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9 (2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and where 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.
In exercising his or her right to data portability pursuant to Article 20(1) GDPR the data subject also has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability the data subject may contact a member of our staff at any time.
Every data subject affected by the processing of personal data has the right granted by the European legislature to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) or GDPR. This applies also to profiling based on those provisions
If the data subject objects, Profil M will no longer process the personal data unless we are able to demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing is carried out in order to establish, exercise or defend legal claims.
Where Profil M processes personal data for direct marketing purposes, the data subject will have the right to object at any time to processing of personal data concerning him or her for such marketing. That also includes profiling to the extent that it is related to such direct marketing. Where the data subject objects vis-à-vis Profil M to processing for direct marketing purposes, Profil M will stop processing the personal data for such purposes.
The data subject also has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out by Profil M for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such 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 member of staff at Profil M. In the context of the use of information society services and notwithstanding Directive 2002/58/EC, the data subject is also entitled to exercise his or her right to object by automated means using technical specifications.
Every data subject affected by the processing of personal data has the right granted by the European legislature not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision
(1) is necessary for entering into, or performance of, a contract between the data subject and a data controller; or
(2) 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
(3) is based on the data subject’s explicit consent.
If the decision
(1) is necessary for entering into, or performance of, a contract between the data subject and a data controller; or
(2) is made with the explicit consent of the data subject, Profil M will take 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 his or her point of view and to contest the decision.
If a data subject wishes to exercise this right related to automated decision-making, he or she may contact a member of staff at the data controller at any time.
Every data subject affected by the processing of personal data has the right granted by the European legislature to withdraw his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw his or her consent, he or she may contact a member of staff at the data controller at any time.
- Right to data portability
- Right to object
- Automated individual decision-making, including profiling
- Right to withdraw data protection consent
- Privacy in the context of job applications and during the application process
Profil M collects and processes the personal data of job applicants in order to manage the application process. Such data may be processed electronically. This will be the case in particular where the applicant transmits the relevant application documents to the data controller by electronic means, for example by e-mail or through the web form available on our website. If Profil M and the applicant enter into a contract of employment, the transmitted data will be stored in compliance with the legal requirements for the purposes of managing the employment relationship. If Profil M and the applicant do not enter into a contract of employment, the application documents will be automatically erased three months after the negative decision is communicated to the applicant, unless other legitimate interests of the controller preclude their erasure. Other legitimate interests for these purposes include, for example, the burden of proof in proceedings under the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz — AGG).
- Privacy provisions related to the application and use of Google Analytics (with anonymization feature)
The data controller has integrated the Google Analytics component (with anonymization feature) on this website. Google Analytics is a web analytics service. Web analytics means the collection, collation and evaluation of data on the behavior of visitors to websites. The data collected by a web analytics service include information as to which website the data subject came from (“referrer”) when accessing the website, which of the website’s sub-sites were accessed or how often and for how long a sub-site was viewed. Web analytics are mainly used in order to optimize a website as well as for cost-benefit-analyses of internet marketing.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the “_gat._anonymizeIp” add-on for web analytics via Google Analytics. Google uses this add-on to shorten and anonymize the IP address of the data subject’s internet connection when our websites are accessed from a Member State of the European Union or from another signatory state to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the user flows on our website. The various ways in which Google uses the data and information obtained include analyzing how our website is used and compiling for us online reports on the activities on our websites as well as providing additional services related to the use of our website.
Google Analytics sets a cookie on the information technology system used by the data subject. It has already been explained earlier what cookies are. By setting the cookie, Google is able to analyze the way in which our website is used. Each time one of the pages of this website, which is operated by the data controller and contains an integrated Google Analytics component, is accessed, the web browser on the data subject’s information technology system is automatically prompted by the Google Analytics component to transfer data to Google for online analysis purposes. As part of this technical process, Google is provided with personal data, such as the data subject’s IP address, which help Google, among other things, to track where the visitors and clicks came from and subsequently enable the settlement of commissions.
The cookie is used to store personal information, such as the time when the website was accessed, where the data subject visiting our website came from and how often the data subject visited our website. With every visit to our websites, these personal data, including the IP address of the internet connection used by the data subject, are transferred to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical process on to third parties.
As already explained above, the data subject may, at any time, prevent cookies from being set by our website through a corresponding setting on the web browser used and may thus permanently object to cookies being set. Such a setting on the web browser used would also prevent Google Analytics from setting a cookie on the data subject’s information technology system. In addition, a cookie already set by Google Analytics may be deleted at any time through the web browser or other software programs.
Further information and the applicable privacy provisions of Google are available at policies.google.com/privacy and at www.google.com/analytics/terms/us.html. For a more detailed explanation of how Google Analytics works please go to https://www.google.com/intl/en_en/analytics/.
You can also disable Google Analytics easily by clicking this link:
- Privacy provisions related to the application and use of XING
The data controller has integrated components of XING on this website. XING is a web-based social network which enables users to connect with their existing business contacts and acquire new business contacts. Individual users can create personal profiles of themselves on XING. For instance, companies may create company profiles or publish job vacancies on XING.
The operating company of XING is XING SE, Dammtorstrasse 30, 20354 Hamburg, Germany.
Each time one of the pages of this website, which is operated by the data controller and contains an integrated XING component (XING plug-in), is accessed, the web browser on the data subject’s information technology system is automatically prompted by the relevant XING component to download a depiction of the corresponding XING component from XING. Further information on the XING plug-in is available at dev.xing.com/plugins. During this technical process XING gets to know which specific sub-site of our website the data subject has visited.
If the data subject is simultaneously logged in to XING, XING recognizes which specific sub-site of our website is viewed by the data subject each time our website is accessed by the data subject and throughout the respective visit to our website. This information is collected by the XING component and assigned by XING to the relevant XING account of the data subject. If the data subject confirms one of the XING buttons integrated in our website, for example the “share” button, XING will assign that information to the personal XING user account of the data subject and store these personal data.
Each time the data subject is logged in to XING while visiting our website, XING will be informed by the XING component of the fact that the data subject has visited our website; this will occur regardless of whether the data subject clicks on the XING component or not. If the data subjects do not wish this information to be transferred to XING, they can prevent the transfer by logging out of their XING account before visiting our website.
The Data Protection published by XING is available at www.xing.com/privacy and provides information on the collection, processing and use of personal data by XING. In addition, XING has published a Data Protection relating to the XING share button at www.xing.com/app/share.
- Legal basis of processing
Our company uses point (a) of Article 6(1) GDPR as the legal basis for processing operations for which we request the data subject’s consent. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case with processing operations that are necessary in order to deliver goods or provide another service or a service in return, then the processing of the data will be based on point (b) of Article 6(1) GDPR. The same applies to those processing operations which are necessary in order to take steps prior to entering into a contract, for example in cases of inquiries by data subjects regarding our products or services. If the processing is necessary for compliance with a legal obligation to which our company is subject, for example compliance with fiscal obligations, then the processing will be based on point (c) of Article 6(1) GDPR. In rare cases, the processing of personal data may become necessary in order to protect vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor was injured on our company premises and we would have to pass on his or her name, age, details of his or her health insurance or any other vital information to a medical doctor, a hospital or another third party. Such data processing would be covered by point (d) of Article 6(1) GDPR. Finally, some data processing operations may fall under point (f) of Article 6(1) GDPR. This legal basis would cover processing operations which are not covered by any of the aforementioned legal bases if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are permitted to carry out such processing operations in particular because they have been specifically referred to by the European legislature. Insofar it has been considered by the European legislature that a legitimate interest could be assumed to exist where the data subject is a client of the data controller (second sentence of recital 47 GDPR).
- Legitimate interests in the processing pursued by the data controller or a third party
Where point (f) of Article 6(1) GDPR provides the basis for the processing, our legitimate interest is the performance of our business activities to the benefit of the well-being of all our staff and our shareholders.
- Period for which the personal data will be stored
The criterion determining the period for which personal data are stored is the relevant statutory retention period. At the end of that period, the corresponding data will be routinely erased provided they are no longer needed for the performance of a contract or in order to take steps prior to entering into a contract.
- Statutory or contractual provisions regarding the provision of personal data; requirement for entering into a contract; obligation of the data subject to provide the personal data; potential consequences of failure to provide personal data
We are making you aware of the fact that providing personal data is to some extent a statutory requirement (e.g. tax rules) or may be required as a result of contractual provisions (e.g. details on the contracting party). To enter into a contract, it may be necessary from time to time that a data subject provides us with personal data which will then have to be processed by us. For instance, the data subject will be obliged to provide us with personal data if our company enters into a contract with him or her. The consequence of a failure to provide the personal data may then be that the contract cannot be concluded with the data subject. Before providing any personal data, data subjects must contact one of our members of staff. Our member of staff will explain to the data subjects on a case by case basis whether they are legally or contractually required to provide the personal data or whether the personal data are required to enter into a contract or whether they are under an obligation to provide the personal data; the member of staff will also explain the consequences that could arise from a failure to provide the personal data.
- Existence of an automated decision-making
Profil M is a responsible company and as such we forgo any automated decision-making or profiling.