Privacy Policy

We are delighted by your interest in our company. Data protection is of paramount importance to the management of GK Unternehmens- und Personalberatung GmbH. The use of our website is generally possible without providing personal data. However, if a data subject wishes to utilise specific services via our website, the processing of personal data may become necessary. If personal data processing is required and there is no legal basis, we will obtain consent from the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always in accordance with the General Data Protection Regulation (GDPR) and the country-specific data protection regulations applicable to GK Unternehmens- und Personalberatung GmbH. This Privacy Policy aims to inform the general public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights.

As the data controller, GK Unternehmens- und Personalberatung GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may have security gaps, so absolute protection cannot be guaranteed. Therefore, data subjects are free to submit personal data via alternative means, such as telephone.

1. Definitions

The data protection declaration of GK Unternehmens- und Personalberatung GmbH is based on the terminology used by the European legislator in the adoption of the General Data Protection Regulation (GDPR). To ensure this declaration is comprehensible to the public, as well as our customers and business partners, we provide the following definitions:

a) Personal Data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, identification number, location data, an online identifier, or one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.

b) Data Subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing
Processing refers to any operation or set of operations performed on personal data, whether automated or not, including collection, recording, organisation, structuring, storage, adaptation, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.

d) Restriction of Processing
This refers to the marking of stored personal data with the aim of limiting its processing in the future.

e) Profiling
Profiling refers to any form of automated processing of personal data to evaluate certain personal aspects of a natural person, particularly to analyse or predict aspects concerning their work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.

f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the data can no longer be attributed to a specific data subject without the use of additional information, provided that such information is kept separately and is subject to technical and organisational measures to ensure that the data is not attributed to an identifiable person.

g) Controller or Controller Responsible for the Processing
The controller is the natural or legal person, public authority, agency, or other body which determines the purposes and means of the processing of personal data.

h) Processor
A processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i) Recipient
A recipient is a natural or legal person, public authority, agency, or another body to which the personal data are disclosed, whether a third party or not.

j) Third Party
A third party refers to any natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and those authorised to process personal data under the controller’s direct authority.

k) Consent
Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by clear affirmative action, signify agreement to the processing of their personal data.

2. Name and Address of the Controller

The controller for the purposes of the General Data Protection Regulation (GDPR) and other data protection laws applicable in EU member states is:

GK Unternehmens- und Personalberatung GmbH
Schweizer Straße 54A
60594 Frankfurt am Main
Germany
Phone: +49 69-60 90 30
Email: info@gk-personalberatung.de
Website: www.gk-personalberatung.de

3. Contact Details of the Data Protection Officer

Our Data Protection Officer is:
Betterbits GmbH
Email: datenschutz@gk-personalberatung.de

Data subjects may contact the Data Protection Officer at any time with questions or concerns regarding data protection.

4. Collection of General Data and Information

The website of GK Unternehmens- und Personalberatung GmbH collects a series of general data and information when accessed by a data subject or an automated system. This general data and information are stored in server log files and may include (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed, (5) the date and time of access, (6) an Internet Protocol (IP) address, (7) the internet service provider, and (8) any other similar data.

These data are used to (1) correctly deliver our website content, (2) optimise our website and advertising, (3) ensure the long-term viability of our IT systems, and (4) provide necessary information to law enforcement authorities in the case of cyber-attacks. GK Unternehmens- und Personalberatung GmbH analyses these data statistically to enhance data protection and security. The anonymous data from server log files are stored separately from personal data provided by data subjects.

5. Contact via the Website

The website of GK Unternehmens- und Personalberatung GmbH allows for quick electronic contact, including general electronic mail (email) addresses. If a data subject contacts us via email or through a contact form, their personal data is automatically stored for processing or to contact the subject. No data is transferred to third parties.

6.Routine Deletion and Blocking of Personal Data

The controller will process and store personal data only for the period necessary to achieve the purpose of storage or as permitted by law. If the storage purpose is no longer applicable or the legally required storage period has expired, personal data is routinely blocked or erased in accordance with legal requirements.

7. Rights of the Data Subject

a) Right of Confirmation
Every data subject has the right to obtain confirmation as to whether personal data concerning them are being processed. They may contact any employee of the controller at any time to exercise this right.

b) Right of Access
Each data subject shall have the right, granted by the European legislator, to obtain from the controller free information about their personal data stored at any time, and to receive a copy of this information. Additionally, the European directives and regulations grant the data subject access to the following information:

    • The purposes of the processing;
    • The categories of personal data concerned;
    • The recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly recipients in third countries or international organisations;
    • Where possible, 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 of personal data concerning the data subject, or to object to such processing;
    • The existence of the right to lodge a complaint with a supervisory authority;
    • Where the personal data are not collected from the data subject, any available information as to their source;
    • The existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in such cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject has the right to obtain information as to whether their personal data are being transferred to a third country or to an international organisation. Where this is the case, the data subject has 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 contact any employee of the controller at any time.

c) Right to Rectification
Each data subject shall have the right, granted by the European legislator, to obtain from the controller, without undue delay, the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject shall have 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 rectification, they may, at any time, contact any employee of the controller.

d) Right to Erasure (Right to be Forgotten)
Each data subject shall have the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning them without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

    • 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 according to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must 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) of the GDPR.

If one of the aforementioned reasons applies and a data subject wishes to request the erasure of personal data stored by GK Unternehmens- und Personalberatung GmbH, they may at any time contact any employee of the controller. An employee of GK Unternehmens- und Personalberatung GmbH shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking into account available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of GK Unternehmens- und Personalberatung GmbH will arrange the necessary measures in individual cases.

e) Right to Restriction of Processing
Each data subject shall have the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies:

    • 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 instead the restriction of its use.
    • 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 defence of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by GK Unternehmens- und Personalberatung GmbH, they may contact any employee of the controller at any time. The employee of GK Unternehmens- und Personalberatung GmbH will arrange the restriction of the processing.

f) Right to Data Portability
Each data subject shall have 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 shall 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 point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, provided that the processing is not 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 Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible, and when doing so 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 GK Unternehmens- und Personalberatung GmbH at any time.

g) Right to Object
Each data subject shall have the right, granted by the European legislator, to object, on grounds relating to their particular situation, at any time, to the processing of personal data concerning them, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

GK Unternehmens- und Personalberatung GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defence of legal claims.

If GK Unternehmens- und Personalberatung 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 applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to GK Unternehmens- und Personalberatung GmbH processing for direct marketing purposes, GK Unternehmens- und Personalberatung GmbH will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by GK Unternehmens- und Personalberatung GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the 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 contact any employee of GK Unternehmens- und Personalberatung GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use their right to object by automated means using technical specifications.

h) Automated Decision-Making, Including Profiling
Each data subject shall have the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, as long as the decision:

    • is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or
    • is not authorised 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 not based on the data subject’s explicit consent.

If the decision is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or it is based on the data subject’s explicit consent, GK Unternehmens- und Personalberatung 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 exercise rights concerning automated individual decision-making, they may, at any time, contact any employee of GK Unternehmens- und Personalberatung GmbH.

i) Right to Withdraw Consent
Data subjects have the right to withdraw consent to processing at any time. They may contact any employee to exercise this right.

8. Data Protection for Applications and the Application Procedure

The controller shall collect and process the personal data of applicants for the purpose of handling the application process. Processing may also occur electronically, for instance, if an applicant submits their application documents via email or an online form. Should the controller conclude an employment contract with an applicant, the provided data will be stored for the purpose of managing the employment relationship in compliance with legal requirements. If no employment contract is concluded, the application documents will be erased two months after notification of the rejection, provided no other legitimate interests of the controller require retention, such as in cases involving the General Equal Treatment Act (AGG).

9. Privacy Policy on the Use of Google Maps

This website uses the Google Maps API service, operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. In order to use Google Maps, it is necessary to store your IP address, which is generally transmitted to and stored on Google servers in the USA. We have no influence on this data transmission. Google Maps is used in the interest of making our website more attractive and to facilitate location-based services. This is a legitimate interest under Art. 6(1)(f) GDPR. Further details on Google’s handling of user data can be found at Google’s Privacy Policy.

10. Use of Google Analytics (with Anonymisation)

On this website, the controller has integrated the component of Google Analytics (with the anonymisation function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behaviour of visitors to websites. A web analytics service collects data, among other things, about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used to optimise a website and to carry out a cost-benefit analysis of internet advertising.

The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

For the web analytics through Google Analytics, the controller uses the application “_gat._anonymizeIp”. By means of this application, the IP address of the internet connection of the data subject is abridged and anonymised by Google when accessing our websites 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 analyse traffic on our website. Google uses the collected data and information, among other things, to evaluate the use of our website and to provide online reports, which show the activities on our website, and to provide other services concerning the use of our internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. By setting the cookie, Google is enabled to analyse the use of our website. With each call to one of the individual pages of this internet site, which is operated by the controller and into which a Google Analytics component was integrated, the internet browser on the information technology system of the data subject automatically submits data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, among other things, to understand the origin of visitors and clicks and subsequently to create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits to our website by the data subject. With each visit to our internet site, such personal data, including the IP address of the internet access used by the data subject, will be transmitted 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 procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. Additionally, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to the collection of data generated by Google Analytics, related to the use of this website, as well as the processing of this data by Google, and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics, through a JavaScript, that any data and information about the visits of internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person within their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved at https://www.google.com/intl/en/policies/privacy/ and at http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following link https://www.google.com/analytics/.

11. Legal Basis for Processing

Article 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. 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, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example, in the case of inquiries concerning our products or services.

Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Article 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 of another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Article 6(1)(d) GDPR.

Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the aforementioned legal grounds if 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 which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, Sentence 2 GDPR).

12. Legitimate Interests 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 to carry out our business in a manner that benefits the well-being of our employees and shareholders.

13. Retention Period of Personal Data

The criteria used to determine the retention period for personal data are the relevant statutory retention periods. After the expiration of this period, the corresponding data is routinely deleted unless it is still required for contract performance or contract initiation.

14. Statutory or Contractual Requirements to Provide Personal Data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes, it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.

Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract, or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of non-provision of the personal data.

15. Existence of Automated Decision-Making

As a responsible company, we do not engage in automated decision-making or profiling.

This privacy policy was created by the specialists for LegalTech at Willing & Able, who also developed the system for the best time tracking app. The basis of the legal texts contained in our privacy policy generator have been provided and published by Prof. Dr. h.c. Heiko Jonny Maniero from the German Association for Data Protection and Christian Solmecke from WBS law.