1. Name and contact details of the controller:
AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH
represented by their Executive Directors,
AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH (hereinafter collectively referred to as "we/us" or "the joint controllers") are joint controllers responsible for the data processing (within the meaning of Art. 26 GDPR).
2. Contact details of the data protection officer:
Holzhofer Consulting GmbH
Lochhamer Str. 31
Tel.: (0 89) 1 25 01 56 00
3. Purposes for which the personal data are to be processed, and the legal basis for the processing:
3.1. Data processing for the performance of the contract concluded between you and us (Art. 6 (1) b) GDPR)
In order to fulfil the existing contractual relationship, render services owed and send contractual documents to you, we as well as third parties or data processors contracted by us will process the following data of yours, if and insofar as you have communicated these data to us when concluding the contract or in the course of the contractual relationship:
personal details (name, address, telephone number, telefax number, email address and, if applicable, homepage)
banking details (IBAN, bank, bank account holder) and payment information
3.2. Data usage on the basis of your consent (Art. 6 (1) a) GDPR)
In the case of promotional targeting other than by post, we shall contact you only via the communication channels that you have consented to. In this respect, we shall use your data for the following purposes:
Quality assurance: In order to continually improve our products and services for you, we shall conduct surveys relating to your level of satisfaction and your experiences from your contractual relationship.
General and personalised advertising.
Insofar as you have granted us a corresponding SEPA direct debit mandate, we shall, furthermore, use your bank account details. By way of the SEPA direct debit mandate, we shall collect outstanding amounts as contractually agreed.
4. Obligation to provide the data
It is mandatory to provide your name and address. If you do not provide us with these details, no contract will be concluded with us. The provision of all other details is voluntary.
5. Automated decision-making, including profiling
No profiling measures shall be carried out by the joint controllers.
6. Transfer of data to a third country
Data transfers to countries outside of the EU and the European Economic Area ("third parties") ensue in the course of the administration, development and operation of IT systems. Such transfer takes place only in the following cases:
The transfer is permissible in principle because a statutory criterion for permission is fulfilled, or you have consented to the data transfer, and
the special prerequisites for such transfer to a third country are met.
7. Recipients of data and data sources
7.1. Categories of data recipients
Insofar as legally permissible, we pass on personal data to external service providers:
credit reference agencies and scoring providers for credit reports in order to assess the credit risk
credit institutions and providers of payment services for billing and payment settlement
IT service providers in order to maintain our IT infrastructure
debt collection service providers and solicitors for the collection of debts and the judicial enforcement of claims. If personal data (customer and contact details, payment details, data concerning points of use, as well as details of the debt) are to be transferred to a debt collection service provider in the case of debt collection, we shall give you prior notification of the intended transfer
7. 2. Data sources
We shall process personal data received from you in the course of our business relations. Insofar as necessary for rendering our service, we shall process personal data that we permissibly obtain from publicly accessible sources (debtor directories, land registers, commercial registers and registers of associations, the press, Internet) or that are legitimately communicated to us by other third parties (a credit reference agency or an address service provider).
8. Data retention period and criteria for determining this period
We shall retain your data for the duration of the existing contract and, after the contract with you has ended, until the completion of the company tax audit for the last calendar year in which you were our client. If statutory retention periods exist, we shall retain the data until these periods have expired. Following the expiration of the statutory retention duties, which ensue principally from commercial and fiscal law (in particular Section 147 AO [Tax Code] and Section 257 HGB [German Commercial Code]), we shall delete these data. For promotional targeting, we shall retain your data until you opt out of use of your data, you revoke your consent, or such targeting is no longer legally permissible. We shall retain your remaining data as long as we need these data for fulfilling their specific purpose (e.g. for performing or handling the contract) and shall delete these data once this purpose has ceased to exist.
9. Processing of personal data on our websites
a) Access data / server log files
For technical reasons, we process a limited number of data (so-called connection data) every time the web platform is accessed. These data are technically necessary for establishing and making a connection between your terminal device and our servers. The processing takes place on the basis of Art. 6 (1) b) GDPR. In this respect, the following data or data categories may be gathered:
name of the website accessed
date and time of access
browser type and version
the user's operating system
the referrer URL (the website visited beforehand)
Cookies are text files that enable device-specific information to be stored on the terminal device used. This information is necessary for offering the information society services offered on our website and enabling us to ensure that these function as faultlessly as possible. This also includes the localisation and remedying of faults. The processing takes place on the basis of Art. 6 (1) b) GDPR. Insofar as you wish to prevent the placement of cookies, all commonly used browsers offer corresponding settings for blocking and deleting cookies. However, the blocking of cookies may lead to the web platform not being usable or fully usable.
c) Google Analytics
This website uses Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses diverse procedures that enable us to analyse usage behaviour. In the process, personal data are transferred to the Google servers in the USA and stored there. Before the data are transferred, the last octet (i.e. the last three digits) of your IP address will be truncated by means of the feature "_anonymizelp", or "ga('set', 'anonymizeIp', true)". The processing shall take place on the basis of Art. 8 (1) b) of the e-Privacy Regulation and, therefore, exclusively with your express consent. For further information regarding data privacy and the way in which Google Analytics operates, please refer to http://www.google.com/analytics/terms/de.html.
By downloading and installing the browser plugin available at the following link, users can, moreover, prevent data (including their IP address) generated by such cookie relating to their use of the website from being collected and transmitted to Google and being processed by Google: http://tools.google.com/dlpage/gaoptout?hl=de.
Alternatively, you can deactivate Google Analytics via this link.
d) LinkedIn Website Demographics
On our website, we use the plugin "LinkedIn Website Demographics" from LinkedIn Corporation (USA). This plugin enables us to more accurately classify our website visitors and more easily track behaviour on our website. In this respect, the following personal data are gathered: browser information, cookie data, hardware and software characteristics, Internet provider, interaction data, website visits, domain name of the website visited. Additionally, the IP address, position data (insofar as possible), device ID and personal master data (insofar as possible) are gathered. The data are transmitted by LinkedIn to third parties and stored as long as necessary for fulfilling the purpose mentioned above. The processing shall take place on the basis of Art. 8 (1) b) of the e-Privacy Regulation and, therefore, exclusively with your express consent. For further information regarding data privacy and the way in which Website Demographics operates, please refer to https://www.linkedin.com/legal/privacy-policy
e) Indeed Conversion Tracking
To enable us to track which advertised jobs potential candidates preferably apply for, and via which channels, i.e. in particular via which websites (job portals), these candidates arrive at our job advertisements, we use the conversion tracking tool of Indeed Ireland Operations Limited. If you view a job advertisement on the job platform, a tracking cookie with a unique ID (combination of letters and numbers) will be placed onto your browser. If you then apply for this job and, in the process, arrive at our website, a conversion script integrated into our website will recognise that the job placement service has been successful. In this respect, Indeed will gather your IP address, the date and time of access and the referrer URL. The processing shall take place on the basis of Art. 8 (1) b) of the e-Privacy Regulation and, therefore, exclusively with your express consent. For further information regarding data privacy and the way in which this operates, please refer to https://de.indeed.com/legal?hl=de#privacy.
g) Facebook Social Plugins
This platform uses social plugins ("plugins") from the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are recognisable by one of the Facebook logos (white "f" on a blue tile or a "thumbs up" sign) or are identifiable by the addition "Facebook social plugin". A list of the Facebook social plugins, and their appearance, can be viewed here: https://developers.facebook.com/docs/plugins/.
When a user visits on this platform a website containing such plugin, the user's browser establishes a direct connection to the Facebook servers. The content of the plug-in will be transmitted by Facebook directly to your browser and be integrated into the website by your browser. Therefore, the provider has no influence over the scope of the data collected by Facebook using this plugin, and informs the users commensurate with its level of knowledge.
As a result of the integration of these plugins, Facebook is informed that a user has visited the corresponding website on the platform. If the user is logged into Facebook, Facebook can link his visit to his Facebook account. If users interact with the plugins, for example by clicking on the "Like" button or making a comment, the information concerned is transmitted by their browser directly to Facebook and stored there. Even if a user is not a Facebook member, Facebook may still find out and store the user's IP address. According to Facebook, only an anonymised IP address is stored in Germany.
For information on the purpose and scope of the gathering of data by Facebook and on the further processing and use of data by Facebook, and for information on the users' rights in this connection and the setting options for the protection of the users' privacy, users can refer to Facebook's Data Privacy Notice at: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data concerning him via this platform and to combine this data with his membership data stored with Facebook, he must log off from Facebook before he visits the Internet platform. Likewise, it is possible to block Facebook social plugins by means of add-ons for your browser, e.g. by means of the "Facebook Blocker".
h) Facebook Fanpages
When you arrive at our fan page, your browser will establish a connection with Facebook and transfer information. Among other things, the following data will be transferred: In the case of visitors not logged onto/registered with Facebook: IP address: Facebook automatically ascertains the user's IP address when a fan page is accessed. Cookies: Cookies will be automatically placed if you access a fan page. According to Facebook, the so-called datr cookie serves to identify the web browser establishing the connection to the Facebook website and plays a key role in protecting the social network against "malicious activities". The datr cookie is valid for two years, but can be deleted via the browser settings.
In the case of visitors registered and logged into Facebook: IP address: Facebook also ascertains the user's IP address for logged-in visitors (see above) Cookies: In this case too, a datr cookie is placed (see above). If you are a Facebook member and are logged on with your Facebook profile at the same time as you visit our fan page, the c_user cookie will be additionally activated. Facebook will link the fan page visit to your personal user account. This will enable Facebook to track your user behaviour.
Features and content of the service Instagram, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, may be integrated within our online platform. Such features and content may include, for example, images, videos or texts and buttons with which users can express their appreciation of the content or subscribe to the authors of the content or our contributions. Insofar as the users are members of the Instagram platform, the users' access to the aforementioned content and features may be linked by Instagram to the users' profiles there. Instagram's Data Privacy Statement: http://instagram.com/about/legal/privacy/.
You can access here at any time an overview of the cookies used on this website: Cookie Declaration
10. Information on your rights as the data subject
AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH, Arnulfstr. 19, 80335 Munich, are joint controllers responsible for the processing of your data, unless otherwise indicated. You may at any time request from us information on the data stored concerning you and, in the case of errors, correction of these data. Furthermore, you may request that processing be restricted, that the data provided to us by you be portable in a machine-readable format, or that your data be deleted insofar as your data are no longer needed. Additionally, you have the right to at any time opt out of use of your data on the basis of public or legitimate interests. Insofar as we process your data on the basis of consent given by you, you may at any time revoke this consent with effect for the future. From the time when we receive your revocation, we shall cease processing your data for the purposes stated in connection with your consent.
Please address your revocation or any advertising opt-out to:
AVANTGARDE Experts GmbH & AVANTGARDE Talents GmbH
11. Right to lodge a complaint with a supervisory authority
Additionally, you may at any time submit a complaint to a supervisory authority. In principle, the authority competent for us is the Bayerische Landesamt für Datenschutzaufsicht [Bavarian State Office for Data Protection Supervision], Postfach 606, 91511 Ansbach. Alternatively, you may contact your local supervisory authority.