Data privacy statement

We are very pleased about your interest in our company. Data protection occupies a particularly important place for the management of Rapigo GmbH. Basically, the use of the Internet pages of Rapigo GmbH is possible without any indication of personal data. If a data subject wishes to use our company’s special services via our website, the processing of personal data may be necessary. If personal data processing is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the Rapigo GmbH applicable data protection regulations, specific to each country. By means of this privacy statement, our company would like to inform the public about the nature, spread and purpose of the personal data we collect, use and process. In addition, data subjects are informed about their rights by means of this privacy statement.

As the responsible for the processing, Rapigo GmbH has implemented numerous technical and organisational measures to ensure the most efficient protection of the personal data processed via this website. However, Internet-based data transmissions can generally have security loopholes, so absolute protection cannot be guaranteed. For this reason, any data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The data privacy statement of Rapigo GmbH is based on the terms used by the European legislative and regulatory authorities for the adoption of the General Data Protection Regulation (GDPR). Our data privacy statement should be easy to read and understand for the public, as well as for our customers and business partners. In order to ensure this, we would like, first of all, to explain the terms used.

In this data privacy statement, we use the following terms, among others:

• a) Personal data

  Personal data is any information relating to an identified or identifiable natural entity (hereinafter referred to as the “data subject”). Identifiable is a natural entity who, directly or indirectly, is identified, in particular by association to an identifier such as a name, an identification number, location data, an online identifier or one or more specific characteristics that are expressed in the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural entity.

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  b) data subject

  The data subject is any identified or identifiable natural entity whose personal data is processed by the data protection officer.

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  c) processing

  Processing is any operation or series of operations carried out with or without the help of automated procedures in connection with personal data, such as the collection, recording, organisation, ordering, storage, adaptation or modification, reading, solicitation, use, disclosure by transmission, distribution or any other form of provision, matching or linking, restriction, deletion or destruction.

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  d) Processing limitation

  Processing limitation is the marking of personal data stored with the aim of restricting their future processing.

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  e) Profiling

  Profiling is any form of automated processing of personal data, which consists in the use of such personal data to assess certain personal aspects relating to a natural entity, in particular in order to analyse or predict the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, residence or change of location of this natural entity.

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  f) Pseudonymisation

  Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that such additional data is kept separately and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural entity.

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  g) Data protection officer

  The data protection officer is the natural or legal entity, authority, institution or other body which decides, alone or along with others, on the purposes and means of personal data processing. Where the purposes and means of such processing are determined by the Union law or the laws of the Member States, the data protection officer may, or the specific criteria for his/her designation can be laid down in accordance with the Union law or the laws of the Member States.

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  h) The operator

  The operator is a natural or legal entity, authority, institution or other body that processes personal data on behalf of the data protection officer.

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  i) Beneficiary

  The beneficiary is a natural or legal entity, authority, institution or other body to which personal data are disclosed, whether or not it is a third party. However, the authorities which may receive personal data under a particular inquiry according to the Union or Member State laws shall not be deemed beneficiaries.

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  j) Third party

  A third party is a natural or legal entity, authority, institution or other body, other than the data subject, the data protection officer, the operator and the persons who, under the direct responsibility of the data protection officer or the operator, are authorised to process personal data.

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  k) Consent

  Consent means any freely given indication of wish of the data subject for the established situation, given by a clear affirmative action, in the form of a statement or any other unambiguous confirmation by which the data subject indicates that he/she agrees with the processing of personal data.

2. Name and address of the data protection officer

Pursuant to the General Data Protection Regulation, other laws on data protection applicable in the EU member states and other provisions, the data protection officer is:

RapiGO GmbH
Planckstr. 22
71691 Freiberg a.N.
Germany

Tel.: +49 7141 696 17 0
E-mail: info[at]RapiGO.de
Website: www.RapiGO.de

3. Cookies

The websites of Rapigo GmbH use cookies. Cookies are text files that are saved and stored in a computerised system by means of an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of a cookie. It consists of a character string by which sites and servers can be attributed to the exact Internet browser in which the cookie has been stored. This allows the differentiation of the visited sites and servers, the individual browser of the data subject from the other Internet browsers containing other cookies. A certain Internet browser can be recognised and identified by using the cookie ID.

By using cookies, Rapigo GmbH can offer to the users of this website more facile services which would not be possible without setting cookies.

A cookie can be used to optimise information and offers on our website in the interest of the user. As we have already mentioned, cookies allow us to recognise our website’s users. The purpose of this recognition is to facilitate the usage of our website to our users. The user of a website that uses cookies, for instance, does not have to enter his/her data every time he/she visits the site, as this is taken over by the website and by the cookies stored in the user’s information system. Another example is the cookie of a shopping basket in an online store. The online store remembers the items that a customer has placed in the shopping basket, virtually, by means of a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a proper configuration of the used Internet browser and, thus, to permanently oppose to setting cookies. Moreover, the cookies already set can be deleted at any time by using an Internet browser or other software programmes. This is possible for all common Internet browsers. If the respective person deactivates the establishment of cookies in the Internet browser used, in certain circumstances, not all functions of our website can be used to the fullest.

4. General data and information collection

The website of Rapigo GmbH collects a series of general data and information every time the website is accessed by the data subject or by an automated system. These general data and information are stored in the server’s journaling files. The following can be registered: (1) the server’s types and versions used, (2) the operating system used by the access system, (3) the site from which an access system reaches our website (the so-called Referrer), (4) the sub-websites that by means of an access system make their way towards our site, (5) the date and time when our site was accessed, (6) an Internet protocol address (IP address), (7) the Internet service provider of the access system and (8) other similar data and information that serve to preventing risks in case of attacks upon our information technology systems.

When it uses these general data and information, Rapigo GmbH does not rush to any conclusion about the data subject. Rather, this information is necessary (1) for the correct delivery of our website’s content (2) to optimise the content of our website and the advertisement for it, (3) to ensure the functionality in the long term of our information systems and the technology of our website and (4) to make available the information necessary to criminal prosecution in case of a cyberattack to the law enforcement authorities. These anonymously collected data and information are, therefore, statistically assessed on the one hand by Rapigo GmbH and also with the view to increase data protection and data security within our company, to eventually ensure an optimum level of protection for the processed personal data. The anonymous data of the server’s journaling files are stored separately from all the personal data provided by the data subject.

5. Registration on our website

The data subject has the option to register on the website of the data protection officer, by providing personal data. These personal data are transmitted to the data protection officer and result from the respective data entry interface used for registration. The personal data entered by the data subject are collected and stored exclusively for internal usage by the data protection officer and for own purposes. The data protection officer can initiate the transmission to one or more operators, for instance a parcel delivery service supplier who also uses personal data exclusively for internal usage that are assigned to the data protection officer.

By registering on the website of the data protection officer, the IP address assigned by the Internet service provider (ISP) to the data subject, the date and time of registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and to enable this data to be investigated if necessary. In this respect, the storage of this data is necessary to secure the data protection officer. In principle, this data will not be passed on to third parties, provided that there is a legal obligation to pass it on or if the disclosure serves the purpose of law enforcement.

The registration of the data subject with the voluntary disclosure of personal data serves the data protection officer to offer the data subject content or services which, due to the nature of the matter, only registered users can be offered. Registered persons are free to change the personal data provided at the time of registration or to have them completely deleted from the data protection officer’s database.

The operator shall provide each data subject with information on which personal data about the data subject is stored, at any time upon request. Furthermore, the operator corrects or deletes personal data upon the request or notice of the data subject, insofar as this is not precluded by legal retention obligations. A data protection officer named in this data privacy statement and all the employees of the data protection officer are available to the data subject as contact persons in this context.

6. Subscription to our newsletter

On the website of Rapigo GmbH, users are given the opportunity to subscribe to the newsletter of our company. Which personal data are transmitted to the operator when ordering the newsletter and are determined by the data entry interface used for this purpose.

Rapigo GmbH regularly informs its customers and business partners about the company’s offers by means of a newsletter. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the receipt of the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered for the first time by the data subject, for sending the newsletter using the Double-Opt-In procedure. This confirmation e-mail is used to verify that the owner of the e-mail address, as the data subject, has authorized the receipt of the newsletter.

When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration by the Internet service provider (ISP), as well as the date and time of the registration. The collection of this data is necessary in order to be able to understand the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves the legal protection of the data protection officer.

The personal data collected in the context of a subscription to the newsletter will only be used for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or registration, as in the event of changes to the newsletter offer or changes to the technical circumstances could be the case. The personal data collected within the framework of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data which the data subject has given us for sending the newsletter can be revoked at any time. For the purpose of revoking consent, there is a corresponding link in each newsletter. Furthermore, it is possible to unsubscribe from the sending of the newsletter at any time directly on the operator’s website or to inform the operator of this in any other way.

7. Newsletter-Tracking

The newsletters of Rapigo GmbH contain the so-called tracking pixels. A tracking pixel is a tiny snippet of code embedded in e-mails sent in HTML format to enable the registration of journaling files and the analysis of the journaling file. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, Rapigo GmbH can detect if and when an e-mail was opened by a data subject and which links in the e-mail were accessed by the data subject.

Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the operator in order to optimize the sending of the newsletter and to adapt the content of future newsletters even better to the interests of the data subject. This personal data will not be passed on to third parties. Affected persons are entitled at any time to revoke the relevant separate declaration of consent made via the Double-Opt-In procedure. After a revocation, these personal data will be deleted by the operator. Rapigo GmbH automatically interprets a cancellation of the receipt of the newsletter as a revocation.

8. Contact data via the website

The website of Rapigo GmbH contains information based on legal regulations that enables a quick electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the operator by e-mail or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the operator shall be stored for the purpose of processing or contacting the data subject. This personal data will not be passed on to third parties.

9. Privacy statement for using the Facebook plugins (Like-button)

The plugins of the social networking site Facebook (Facebook Inc., 1601 Willow Road, Menlo Park, California, 94025, USA) are integrated in our website. You can recognise the Facebook plugins by means of the Facebook logo or the Like-button (“I like it”) on our website. An overview of Facebook plugins can be found here: http://developers.facebook.com/docs/plugins/. When you visit our websites, the plugin creates a direct connection between your browser and the Facebook server. Thus, Facebook receives the information that you have visited our page with your IP address. If you click on the Facebook “Like” button while being authenticated in your Facebook account, you can connect the content of our pages to your Facebook profile. Thus Facebook can correlate the visit to our sites with your user account. We inform you that, as a provider of the sites, we have no knowledge about the content of the transmitted data or how they are used by Facebook. You can find more information about this in Facebook’s data privacy statement at http://de-de.facebook.com/policy.php.

If you do not want Facebook to be able to assign the visit to our sites to your Facebook user account, please log out of your Facebook user account.

10. Privacy statement for using Google Analytics

This website uses Google Analytics, a website analysis service of Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA; “Google”). The usage includes the “Universal Analytics” operation mode. This enables the assignment of data, sessions and interactions on several devices to the ID of a pseudonym user and, thus, the analysis of the activities of a user on several devices.

Google Analytics uses the so-called “cookies”, text files that are stored on your computer and allow for an analysis of your use of the website. The information generated by the cookie about your use of this site is usually transferred to a US Google server and stored there. If IP anonymization is enabled on this website, your IP address will previously be shortened by Google in the Member States of the European Union or other Contracting States to the Agreement on the European Economic Area. Only in exceptional cases the full IP address is transferred to a US Google server and shortened there. The IP address transmitted by your browser as part of Google Analytics will not be combined with other Google data. On behalf of this site’s operator, Google will use this information to evaluate the use of the website, to compile reports on the activity of the site and to provide the website operator with other services related to the use of the website and the Internet. These goals are our legitimate interest in data processing. The legal basis for using Google Analytics is § 15 para. 3 TMG or Article 6 para. 1 letter f of the GDPR. Data sent by us and associated with cookies, users’ IDs (for example, User-ID) or advertising IDs will be automatically deleted after 14 months. The data whose retention period has expired is automatically deleted once a month. You can find more information about terms of use and data protection at https://www.google.com/analytics/terms/de.html or https://policies.google.com/?hl=de.

You can prevent the storage of cookies by setting the appropriate browser software; however, we would like to point out that in this case, you may not be able to use all the features of this website entirely. You can also prevent Google from collecting cookie-generated data relating to your use of the website (including your IP address) and to process that data by downloading and installing Browser-Add-on. Opt-Out-Cookies prevent future collection of your data when you visit this website. To prevent Universal Analytics from connecting on different devices, you must opt-out of all the systems used. Clicking here will set Opt-Out-Cookie: Disabling Google Analytics

11. Google Maps

This site uses Google Maps mapping service through the API. The provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use the Google Maps function, you need to save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this page has no influence on this data transmission.

The use of Google Maps is in the interest of an attractive presentation of our online offers and to facilitate the search of the places indicated on the website. This represents a legitimate interest within the meaning of Article 6 para. 1 letter f of the GDPR.

You can find more information about managing the user data in Google’s privacy statement: https://www.google.de/intl/de/policies/privacy/.

12. Privacy statement for using Google +1

Collecting and revealing information:
You can use the Google+1 button to publish information worldwide. The Google+1 button gives you and other users customised content from Google and our partners. Google stores both the information that you gave + 1 for a content, as well as the information on the page you viewed when you clicked + 1. Your + 1s can be shown as links to your profile name and photo on Google services, such as search results or your Google profile, or elsewhere on sites and advertisements on the Internet. Google records information about your +1 activities to improve Google services for you and others. To use the Google+1 button, you need a globally visible public Google profile, which must have at least the name chosen for the profile. This name is used in all Google services. In some cases, this name may also replace another name that you used to share content with your Google account. The identity of your Google profile can be shown to users who know your e-mail address or who have other identifying information about you.

Using the information collected:
In addition to the uses explained above, the information you provide will be used in accordance with applicable Google data privacy regulations. Google may publish summary statistics on users’ +1 activities or can transmit them to users and partners, such as publishers, advertisers or associated sites.

13. Privacy statement for using Twitter

The functions of the Twitter service are integrated on our website. These features are provided by Twitter Inc., Twitter, Inc. 1355 Market St., Suite 900, San Francisco, CA 94103, USA. Using Twitter and the “Re-Tweet” function, the websites you access are linked to your Twitter account and revealed to other users. Also, the data is transferred to Twitter.

We would like to point out that, as a site provider, we have no knowledge of the content of the data transmitted or how it is used by Twitter. For more information, see Twitter’s privacy policy at http://twitter.com/privacy.

You can change your data protection settings on Twitter in your account settings at http://twitter.com/account/settings ändern.

14. Use of the SalesViewer® technology:

This website uses SalesViewer® technology from SalesViewer® GmbH to collect and store data for marketing, market research and optimisation purposes on the basis of the website operator's legitimate interests (Art. 6(1)(f) GDPR).

For this purpose, a javascript-based code is used to collect company-related data and the corresponding use. The data collected using this technology is encrypted using a non-reversible one-way function (known as hashing). The data is immediately pseudonymised and is not used to personally identify the visitor to this website.

The data stored by Salesviewer is deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations.

You can object to the collection and storage of data at any time with effect for the future by clicking on this link https://www.salesviewer.com/opt-out to prevent the collection by SalesViewer® within this website in the future. An opt-out cookie for this website will be stored on your device. If you delete your cookies in this browser, you must click on this link again.

15. Personal data routine deletion and blocking

The data operator processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage or if this has been provided by the European legislative and regulatory authority or by another law giver or regulations to which the operator is subject.

If the purpose of storage does not apply or if a storage period provided for by the European Directives and Regulations or another responsible law giver expires, personal data will usually be blocked or deleted in accordance with legal provisions.

16. Data subject’s rights

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  a) Right to confirmation

  Each data subject has the right granted by the European legislative and regulatory authority to ask the data operator for the confirmation regarding the processing of personal data. If the data subject wishes to exercise this right to confirmation, he/she may contact our data protection officer or another employee of the operator at any time.

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  b) Right to information

  Any person concerned with the processing of personal data has the right granted by the European legislative and regulatory authority to receive from the operator at any time free information on the personal data stored about it and a copy of this information. In addition, the European legislative and regulatory authority has provided the data subject with the following information:

  purposes for the processing
  the categories of personal data that are processed
  the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients from third countries or with international organizations
  if possible, the planned duration for which personal data will be stored or, if this is not possible, the criteria for determining that duration, the existence of a right to the correction or deletion of personal data concerning it or to the restriction of the processing by the operator or a right for opposition regarding this processing
  the right to lodge a complaint with a supervisory authority if personal data are not collected from the data subject
  All available information on the origin of the data, the existence of the automated decision-making process, including Profiling, in accordance with Article 22 para. 1 and 4 of the GDPR and - at least in these cases - eloquent information about the logic involved and the expected consequence and effects of such processing for the data subject
  The data subject also has the right to information on the transmission of personal data in a third country or to an international organization. In this case, the data subject also has the right to receive information about the appropriate guarantees regarding the transmission.

  If a data subject wishes to exercise this right to information, he or she may contact our data protection officer or another employee of the operator at any time.

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  c) Right to rectification

  Any person concerned with the processing of personal data has the right granted by the European legislative and regulatory authority to request the immediate correction of incorrect personal data concerning him/her. In addition, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data - and by a declaration of completion.

  If a data subject wishes to exercise this right to rectification, he or she may contact our data protection officer or another employee of the operator at any time.

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  d) Right to deletion (right to be forgotten)

  Any person concerned with the processing of personal data has the right granted by the European legislative and regulatory authority to request the operator to immediately delete the personal data concerning him/her, provided that one of the following reasons applies and insofar as the processing is not necessary:

  Personal data have been collected for such purposes or otherwise processed for which they are no longer needed.
  The data subject withdraws his/her consent on which the processing was based in accordance with Article 6 para. 1 letter a of the GDPR or article 9 para. 2 letter a of the GDPR and there is no other legal basis for processing.
  The data subject opposes to the processing in accordance with Article 21 para. 1 of the GDPR and there are no legitimate primary reasons for the processing or the data subject opposes to the processing in accordance with Article 21 para. 2 of the GDPR.
  Personal data were processed illegally.
  The deletion of personal data is necessary for the fulfilment of a legal obligation under Union law or the law of the Member States to which the operator is subject.
  The personal data were collected in relation to the services provided by the information society in accordance with Article 8 paragraph 1 of the GDPR.
  If one of the above reasons applies and a data subject wishes to have the personal data stored by Rapigo GmbH erased, he/she may contact our data protection officer or another employee of the operator at any time. The data protection officer of the company Rapigo GmbH or another employee will ensure that the deletion request is complied with immediately.

  If the personal data have been made public by Rapigo GmbH and our company as an operator in accordance with Article 17 para. 1 of the GDPR is obliged to delete the personal data, Rapigo GmbH will take the appropriate measures, even the technical ones, taking into account the available technology and the costs of implementation, in order to inform other operators that process the published personal data that the data subject has requested these other data operators to delete all links to these personal data or copies or reproductions of such personal data, to the extent that processing is not required.
  The data protection officer of Rapigo GmbH or another employee will take the necessary actions in individual cases.

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  e) Right to restriction of processing

  Any person concerned with the processing of personal data has the right granted by the European legislative and regulatory authority to ask the data protection officer to restrict the processing if one of the following conditions is met:

  The data subject disputes the accuracy of the personal data for a period of time that allows the data protection officer to verify the correctness of the personal data.
  The processing is illegal, the data subject refuses to delete personal data and, instead, requests the restriction of the use of personal data. The operator no longer needs the personal data for the purpose of processing, but the data subject needs these to claim, exercise or defend legal rights.
  The data subject objected to the processing in accordance with Article 21 para. 1 of the GDPR and it is not yet clear whether the legitimate motives of the data protection officer exceed those of the data subject.
  If one of the above conditions is met and a data subject wishes to request the limitation of personal data stored by Rapigo GmbH, he/she may contact our data protection officer or another employee of the operator at any time. The data protection officer Rapigo GmbH or another employee will ensure the processing’s limitation.

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  f) Right to data portability

  Any person concerned with the processing of personal data has the right granted by the European legislative and regulatory authority to receive the personal data concerning him/her which were provided to the data protection officer by the data subject, in a structured, common form, which can be read automatically. It also has the right to transfer this data to another operator, without hindrance from the operator to whom the personal data were provided, provided that the processing is based on consent, in accordance with Article 6 paragraph 1 letter a of the GDPR or art. 9 paragraph 2 letter a of the GDPR or on a contract in accordance with article 6 para. 1 letter b of the GDPR and processing is performed using automated processes, unless processing is necessary to perform a task that is of public interest or in the exercise of public authority, which has been transferred to the operator.

  In addition, when exercising the right to data portability, in accordance with Article 20 para. 1 of the GDPR, the data subject has the right to obtain the transmission of personal data directly from one operator to another, insofar as this is technically feasible and if this does not affect the rights and freedoms of other people.

  In order to claim the right to data portability, the data subject may at any time contact the data protection officer designated by Rapigo GmbH or another employee.

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  g) Right to complain

  Any person concerned with the processing of personal data has the right granted by the European legislative and regulatory authority, for reasons arising from his/her particular situation, to question at any time the processing of personal data concerning him/her, which is based on art. 6 paragraph 1 letters e or f of the GDPR. This also applies to Profiling based on these provisions.

  In the event of a complaint, Rapigo GmbH will no longer process your personal data, unless we can demonstrate compelling legitimate reasons for processing that go beyond the interests, rights and freedoms of the data subject or the processing serves the complaint, exercise or defence of legal rights.

  If Rapigo GmbH processes personal data for direct marketing, the data subject has the right at any time to oppose the processing of personal data for the purpose of such advertising. This also applies to Profiling insofar as it is related to such direct advertising. If the data subject opposes the processing by Rapigo GmbH for direct marketing purposes, Rapigo GmbH will no longer process the personal data for these purposes.

  In addition, the data subject has the right, for reasons arising from his/her particular situation, to oppose the processing of personal data relating to him/her, which is carried out by Rapigo GmbH for scientific or historical research purposes or for statistical purposes, in accordance with Article 89 paragraph 1 of the GDPR, unless such processing is necessary for the performance of a task in the public interest.

  In order to exercise the right to complain, the data subject may contact directly the data protection officer Rapigo GmbH or another employee. The data subject is also free to exercise his/her right to complain in relation to the use of information society services, regardless of the Directive 2002/58/EC, using automated procedures using technical specifications.

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  h) Automated decisions in individual cases, including Profiling

  Any person concerned with the processing of personal data has the right granted by the European legislative and regulatory authority not to be subject to a decision based solely on automated processing - including Profiling - which has legal effects or significantly affects it, if the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the operator, or (2) is allowed on the basis of the legal regulations of the Union or of the Member States to which the operator is subject and these legal provisions contain adequate measures to maintain the rights and freedoms, as well as the legitimate interests of the data subject or (3) with the express consent of the data subject.

  If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data protection officer or (2) takes place with the explicit consent of the data subject, Rapigo GmbH takes appropriate measures to protect the rights and freedoms, as well as the legitimate interests of the data subject, which includes at least the right to obtain the intervention of a person from the operator’s side, to present the point of view and to challenge the decision.

  If the data subject wishes to claim rights in relation to automated decisions, he/she may contact our data protection officer or another employee of the operator at any time.

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  i) Right to withdraw consent according to the legislation on data protection

  Any person concerned with the processing of personal data has the right granted by the European legislative and regulatory authority to revoke at any time the consent for the processing of personal data.

  If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may contact our data protection officer or another employee of the operator at any time.

17. Data protection in the case of applications and in the application procedure

The operator collects and processes the personal data of the candidates for the purpose of executing the application procedure. The processing can also be done electronically. This is especially the case where a candidate sends the relevant application documents to the person responsible for processing, by electronic means, for example by e-mail or through a web form on the website. If the operator enters into an employment contract with a candidate, the data transmitted will be stored for the purpose of processing the employment relationship, in accordance with the legal provisions. If the operator does not conclude an employment contract with the candidate, the documents of the application will be automatically deleted two months after the notification of the refusal decision, provided there are no other legitimate interests of the data operator to oppose the deletion. Another legitimate interest in this regard is, for example, an obligation to provide evidence in a proceeding under the General Law on Equal Treatment (AGG).

18. Legal basis for the processing

Art. 6 I letter a of the GDPR serves our company as a legal basis for processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the execution of a contract to which the data subject is a contractual party, as is the case, for example, for processing operations that are necessary for the delivery of goods or the provision of any other service or counter-service, the processing is based on Art. 6 I letter b of the GDPR. The same applies to processing operations that are necessary to perform pre-contractual measures, for example in cases of queries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as the fulfilment of fiscal obligations, processing is done on the basis of art. 6 I letter c of the GDPR. In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or of another natural entity. This would be the case, for example, if a visitor to our company was injured and his or her name, age, health data or other vital information should be forwarded to a doctor, hospital or other third party. Then the processing will be based on art. 6 I letter d of the GDPR. Ultimately, processing operations could be based on art. 6 I letter f of the GDPR. On this legal basis, processing operations that are not covered by any of the legal bases mentioned above are based, if the processing is necessary to protect the legitimate interests of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing operations are allowed in particular because they were mentioned in particular by the European law giver. In this regard, he/she considered that a legitimate interest could be assumed if the data subject is a customer of the data protection officer (recital 47 thesis 2 of the GDPR).

19. Legitimate processing interests that are pursued by the operator or a third party

If the processing of personal data is based on Article 6 I letter f of the GDPR, it is our legitimate interest to conduct our business for the benefit of all our employees and shareholders.

20. Duration for which personal data are stored

The criterion for the personal data storage period is the period of respective legal storage period. After the expiry of the period, the corresponding data will be systematically erased, provided that it is no longer necessary for the fulfilment or initiation of a contract.

21. Legal or contractual instructions for the provision of personal data; Need to conclude the contract; Obligation of the data subject to provide personal data; possible consequences of the failure to provide data

We inform you that the provision of personal data is partially stipulated by law (for example, tax regulations) or may also result from contractual regulations (for example, information about the contracting party). Occasionally it may be necessary for a data subject to conclude a contract to provide us with the personal data that we must subsequently process. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide personal data would have the consequence of not being able to conclude the contract with the data subject. Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer clarifies the data subject on a case-by-case basis if the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, if there is an obligation to provide personal data and the consequences of the failure to provide personal data.

22. Existence of the automated decision-making process

As a responsible company, we waive the automated decision-making or Profiling.

23. Status and update of this data privacy statement

This privacy statement is dated August 30, 2023. We reserve the right to update the privacy statement within a reasonable time, to improve data protection and/or to adapt to changes in the practice of authorities or jurisprudence.