Privacy Policy

I. Name and address of the person responsible

The person responsible within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:
 
Hartmut Schotte
FIRSTGRADE
Hermann-Rau-Straße 18
35398 Giessen, Deutschland
Phone: +49 (641) 499 05 991
Email: datenschutz@firstgrade.de
 


II. General information on data processing

1. Scope of processing of personal data
In principle, we process personal data of our users only as far as this is necessary to provide a functioning website as well as our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent cannot be obtained for reasons of fact and the processing of the data is permitted by law.
 
2. Legal basis for the processing of personal data
As far as we seek a data subject’s consent to processing operations of personal data, Art. 6(1) lit. a EU General Data Protection Regulation (GDPR) serves as legal basis. Is the processing of personal data required to perform a contract, where the contracting party is the person concerned, Art. 6(1) lit. b EU GDPR serves as legal basis. This also applies to processing operations required to carry out pre-contractual actions. As far as the processing of personal data to fulfill a legal obligation is required, subject to our company, Art. 6(1) lit. c EU GDPR serves as legal basis. In the event that the vital interests of the data subject or of another individual may require the processing of personal data, Art. 6(1) lit. d EU GDPR serves as legal basis. Is the processing required to protect a legitimate interest of our company or of another and the interests, rights and freedoms of the data subject do not outweigh the former interest, Art. 6(1) lit. f EU GDPR serves as legal basis for processing.
 
3. Data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage no longer applies. In addition, such storage may occur, if required by European or national legislators through EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.
 


III. Provision of the website and creation of log files

1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected here:
a) Information about the browser type and version used
b) The operating system of the user
c) The Internet service provider of the user
d) The IP address of the user
e) date and time of access
f) Websites from which the user’s system reaches our website
g) Websites that are accessed by the user’s system through our website
The data is also stored in the log files of our system. Not affected by this are the IP addresses of the user or other data that allow the assignment of the data to a user. A storage of this data together with other personal data of the user does not take place.
 
2. Legal basis for data processing
The legal basis for the temporary storage of the data is Art. 6(1) lit. f EU GDPR.
 
3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user’s IP address must be kept for the duration of the session. This constitutes our legitimate interest for the data processing according to Art. 6(1) lit. f EU GDPR.
 
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. With regard to collecting data for providing the website, this is the case when the respective session is completed.
 
5. Objection and removal possibility
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.
 


IV. Use of cookies

1. Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the internet browser or the Internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.
 
In addition, we use cookies on our website that allow an analysis of users’ browsing behavior. For this purpose, we use Google Analytics. Detailed information about this service can be found below under “Google Analytics”.
 
We also make use of YouTube’s embed functionality for video display and playback. For detailed information on the service below under “YouTube.”
 
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6(1) lit. f EU GDPR.
 
3. Purpose of the data processing
The use of the analysis cookies serves the improvement of our website and its contents. Through the analysis cookies, we learn how the website is used and can therefore optimize it. This constitutes our legitimate interest for the data processing according to Art. 6(1) lit. f EU GDPR.
 
4. Duration of storage, objection and disposal options
Cookies are stored on the user’s computer and are transmitted by by it to our website. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all the functions of the website to the full.
 


V. Google services

1. Google Analytics
We use Google Analytics, a web analytics service provided by Google Inc. (“Google”). This service uses cookies. The information generated by the cookie about your use of our online offer is usually transmitted to a Google server in the USA and stored there.
Google uses this information on our behalf to evaluate the use of our online offering, to compile reports on the activities within this online offering and to provide us with other services related to the use of this online offering and internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
 
We only use Google Analytics with the IP anonymization activated. This means that the user’s IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. The IP address submitted by the user’s browser will not be merged with other data provided by Google.
 
Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to their use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en
 
For more information about Google’s data usage, recruitment and opt-out options, please visit Google’s websites: https://policies.google.com/technologies/partner-sites?hl=en (“Use of Google by Your Sites or Apps by Our Affiliates”), https://policies.google.com/technologies/ads?hl=en ( “promotional data use”), http://www.google.de/settings/ads (“Manage information that Google uses to show you ads”) and http://www.google.com/ads/preferences/ (“Determine Which Ads Google Shows You”).
 
2. YouTube
This website uses the embedding function to display and playback videos offered by “YouTube” belonging to the Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).
 
We only use up the enhanced privacy mode which, according to YouTube, only starts recording user information when playback of a video is started. When playback of an embedded YouTube video is started, YouTube uses cookies to gather information on user behavior. According to YouTube, this serves, among other things, to capture video statistics to improve the user experience and to prevent abusive practices. If you’re logged in to Google, your data will be assigned directly to your account when you click a video. If you do not wish to associate with your profile on YouTube, you must log out before activating the button. Google stores your data (even for non-logged-in users) as usage profiles and evaluates them. According to Art. 6(1) lit. f EU GDPR, such an evaluation is based on the legitimate interests of Google in the display of personalized advertising, market research and/or tailor-made design of its website. You have a right to object to the creation of these User Profiles, and you must be directed to YouTube to use them.
 
Google LLC, based in the United States, is certified to the US-European privacy agreement “Privacy Shield” which ensures compliance with the level of data protection in the EU.
 
For more information on data protection at YouTube please refer to the provider’s privacy policy: https://www.google.com/intl/en/policies/privacy.
 


VI. E-mail contact

1. Description and scope of data processing
Contact via the provided e-mail addresses is possible. In this case, the user’s personal data transmitted by e-mail will be stored. In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.
 
2. Legal basis for data processing
The legal basis for the processing of the data with the user’s consent is Art. 6(1) lit. a EU GDPR. The legal basis for the processing of the data received during the sending of an e-mail is Art. 6(1) lit. f EU GDPR. If the e-mail contact aims to conclude a contract, the legal basis for the data processing is Art. 6(1) lit. b EU GDPR.
 
3. Purpose of the data processing
The processing of personal data in the case of contact via e-mail serves only the purpose of handling the contact request. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data.
 
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation has ended, when it can be inferred from the circumstances that the relevant facts have been fully clarified.
 
5. Objection and removal possibility
The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation cannot continue. All personal data stored during the course of this contact will be deleted in this case.
 


VII. Rights of the data subject

If personal data concerning you is processed, you are a person concerned with regard to the EU GDPR and you have the following rights towards the person responsible:
 
1. Right to information
You may ask the person responsible to confirm, if personal data concerning you is processed by us. If such processing is available, you can request information from the person responsible about the following information:
a) the purposes for which the personal data are processed;
b) the categories of personal data that are processed;
c) the recipients or categories of recipients to whom the personal data relating to you has been disclosed or is still being disclosed;
d) the planned duration of the storage of personal data concerning you or, if specific information is not available, criteria for determining the duration of storage;
e) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
f) the existence of a right of appeal to a supervisory authority;
g) all available information on the source of the data, if the personal data is not collected from the data subject;
h) the existence of automated decision-making including profiling under Article 22 (1) and (4) EU GDPR and, at least in those cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with Art. 46 EU GDPR in connection with the transfer.
 
2. Right to rectification
You have a right to rectification and/or completion to the controller, if the personal data you process is incorrect or incomplete. The responsible person must make the correction without delay.
 
3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
a) if you challenge the accuracy of your personal question for a period which allows the controller to verify the accuracy of personal data;
b) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
c) the controller no longer needs the personal data for the purposes of processing, but you need them for the purpose of enforcing, pursuing or defending legal claims; or
d) if you have objected to the processing according to Art. 21 (1) EU GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest by the Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, the person responsible will inform you before the restriction is lifted.
 
4. Right to cancellation
a) Obligation to delete
You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, on which the processing according to Art. 6(1) lit. a or Art. 9(2) lit. a EU GDPR was based and there is no other legal basis for processing.
(3) You object to the processing according to Art. 21(1) EU GDPR and there are no justifiable reasons of prime importance for the processing, or you object to the processing according to Art. 21(2) EU GDPR.
(4) Your personal data has been processed unlawfully.
(5) The deletion of personal data concerning you shall be required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8(1) EU GDPR.
 
b) Information to third parties
If the person responsible has made the personal data concerning you public, and if he is obligated to its deletion according to Art. 17(1) EU GDPR, he shall take appropriate measures, including technical means – taking into account available technology and implementation costs – to inform data controllers who process the personal data concerning you that you have requested deletion of all links to such personal data or of copies or replications of such personal data.
 
c) Exceptions
The right to erasure does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority conferring on the controller has been;
(3) from the public interest in the field of public health in accordance with Art. 9(2) lit. h and I as well as Art. 9(3) EU GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes according to Article 89(1) GDPR, to the extent that the law referred to in subsection (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.
 
5. Right to information
If you have the right of rectification, erasure or restriction of processing to the controller, he/she is obliged to notify all recipients to whom your personal data has been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.
You have a right to the person responsible to be informed about these recipients.
 
6. Right to Data Portability
You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
a) the processing is based on a consent according to Art. 6(1) lit. a or Art. 9(2) lit. a EU GDPR or on a contract according to Art. 6(1) lit. b EU GDPR and
b) the processing is done by automated means.
In exercising this right, you also have the right that personal data relating to you is transmitted directly from one person responsible to another, as far as this is technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.
 
7. Right to object
You have the right, for reasons arising from their specific situation, to object at any time to the processing of personal data concerning you which is acquired on the basis of Art. 6(1) lit. e or f EU GDPR; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
If the personal data relating to you is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.
 
8. Right to revoke the data protection consent declaration
You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
 
9. Automated decision on a case-by-case basis, including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have a legal effect or affect you in a similar manner. This does not apply if the decision
a) is required for the conclusion or performance of a contract between you and the controller,
b) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
c) with your express consent.
However, these decisions must not be based on special data categories according to Art. 9(1) EU GDPR, unless Art. 9(2) lit a or g EU GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his/her own position and heard on challenge of the decision.
 
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the EU GDPR.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the EU GDPR.