We are very pleased about your interest in our association. Data protection has a particularly high priority for the management of AWV - Arbeitsgemeinschaft für wirtschaftliche Verwaltung e.V.. (AWV). The use of the AWV website is possible without any indication of personal data. If a data subject wants to use special services of our association via our website, processing of personal data could become necessary. If processing of personal data is necessary and there is no legal basis for such processing, we generally request 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 shall always be in line with the General Data Protection Regulation, and in accordance with the country-specific data protection regulations applicable to the AWV. By means of this data protection declaration, our association would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this data protection declaration.
As the controller, the AWV has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can always be subject to security vulnerabilities, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of the AWV is based on the terms used by the European Directive and Ordinance when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our volunteers, members and partners. To ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this privacy statement:
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, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
‘Restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future.
‘Profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
‘Pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
‘Third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
Verantwortlicher im Sinne der Datenschutz-Grundverordnung, sonstiger in den Mitgliedstaaten der Europäischen Union geltenden Datenschutzgesetze und anderer Bestimmungen mit datenschutzrechtlichem Charakter ist die:
AWV − Arbeitsgemeinschaft für wirtschaftliche Verwaltung e.V.
Düsseldorfer Str. 40
3. Contact the data protection officer
AWV − Arbeitsgemeinschaft für wirtschaftliche Verwaltung e.V.
Düsseldorfer Str. 40
Tel.: +49 6196-77726-0
4. Collection of general date and information
The website of the AWV collects a series of general data and information with each call-up of the website by a data subject or automated system. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, the AWV does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimise the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Therefore, the AWV Arbeitsgemeinschaft für wirtschaftliche Verwaltung analyses anonymously collected data and information on one hand, and on the other hand, with the aim of increasing the data protection and data security of our association, so that we can ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data submitted by a data subject.
5. Subscription to our newsletter
On the website of the AWV, users are given the opportunity to subscribe to our association's newsletter. The personal data transmitted to the controller when the newsletter is ordered is specified in the input mask used for this purpose.
The AWV informs the public at regular intervals by means of a newsletter about offers of the association. The newsletter of our association can basically 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 newsletter mailing. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation e-mail serves to verify whether the owner of the e-mail address as the data subject has authorised 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, as assigned by the Internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject's e-mail address at a later point in time and therefore serves as a legal safeguard for the controller.
The personal data collected in the context of a registration for the newsletter are used exclusively for sending our newsletter. There is no disclosure of personal data collected as part of the newsletter service 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 that the data subject has given us for the newsletter mailing can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter mailing directly on the website of the controller at any time or to notify the controller of this in another way.
The legal basis for sending the newsletter is our legitimate interest in direct advertising pursuant to Art. 6 para. 1 p. 1 f) and recital 47 p. 7 GDPR in conjunction with your consent under competition law pursuant to Section 7 para. 2 No. 3 UWG.
6. Newsletter tracking
There is no newsletter tracking.
7. Contact option via the website
Based on statutory provisions, the website of the AWV contains information that enables a quick electronic contact to our association, 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 controller by e-mail or by using a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller will be stored for the purposes of processing or contacting the data subject. No disclosure of this personal data to third parties takes place.
We only process further personal data if you consent to this (Art. 6 para. 1 p. 1 a) GDPR) or we have a legitimate interest in processing your data (Art. 6 para. 1 p. 1 f) GDPR). A legitimate interest is, for example, to respond to your email.
8. Routine erasure of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data will be deleted routinely and in accordance with the statutory provisions.
9. Rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European Directive and the Regulation, to obtain confirmation from the controller as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may, at any time, contact any employee of the controller.
b) Right to information
Any person concerned by the processing of personal data has the right granted by the European Directive and Regulation to obtain at any time from the controller, free of charge, information about the personal data stored about him or her and a copy of that information. Furthermore, the European Directive and Regulation has granted the data subject access to the following information:
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to request the immediate rectification of inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data - also by means of a supplementary declaration - taking into account the purposes of the processing.
If a data subject wishes to exercise this right to rectify, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (‚right to be forgotten‘)
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the erasure without delay of personal data concerning him or her, where one of the following reasons applies and insofar as the processing is not necessary:
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by the AWV, he or she may, at any time, contact any employee of the AWV who is in charge of the processing. The employee of the AWV shall arrange for the erasure request to be complied with immediately.
If the AWV has made the personal data public and our association as the controller is obliged to delete the personal data pursuant to Art. 17 para. 1 of the Data Protection Regulation, the AWV shall implement reasonable measures, including technical measures, to monitor the available technology and the cost of implementation in order to inform other data controllers which are processing the published personal data, that the data subject has requested from those other data controllers to delete all links to or copies or replications of the personal data, unless the processing is necessary. The employee of the AWV will arrange the necessary in individual cases.
e) Right to restriction of proessing
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain from the controller the restriction of processing if one of the following conditions is met:
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by the AWV, he or she may, at any time, contact any employee of the AWV who is in charge of the processing. The employee of the AWV will arrange the restriction of the processing.
f) Right to data portability
Any person concerned by the processing of personal data has the right, granted by the European Directive and Regulation, to receive the personal data concerning him or her, which have been provided by the data subject to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 a) GDPR or Art. 9 para. 2 a) GDPR or on a contract pursuant to Art. 6 para. 1) b) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising the right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other individuals.
In order to assert the right to data portability, the data subject may at any time contact any employee of the AWV.
g) Right to object
Any person affected by the processing of personal data has the right granted by the European Directive and Regulation to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Art. 6 para. 1 e) or f) GDPR. This also applies to profiling based on these provisions.
The AWV 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 assertion, exercise or defense of legal claims.
If the AWV processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to the AWV Arbeitsgemeinschaft für wirtschaftliche Verwaltung to the processing for direct marketing purposes, the AWV will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by the AWV Arbeitsgemeinschaft für wirtschaftliche Verwaltung for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 para. 1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of the AWV. The data subject is also free to exercise his/her right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
h) Automated individual decision making, including profiling
Any data subject concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is permitted by Union or Member State law to which the controller is subject, and that law contains suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is made with the data subject's explicit consent, the AWV shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the intervention of a data subject on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of the controller.
i) Right to withdraw consent under data protection law
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.
10. Data protection during applications and the application process
The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also take place electronically. This is the case, in particular, when an applicant submits relevant application documents to the controller by electronic means, for example, by e-mail or via a web form located on the website.
If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions.
If the data controller does not conclude an employment contract with the applicant, the application documents will in principle be automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the data controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).
The controller has integrated YouTube components on this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and TV shows, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.
The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
By each call of one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information on YouTube can be found at https://www.youtube.com/intl/en/about/. Within the scope of this technical procedure, YouTube and Google receive knowledge of which specific subpage of our website is visited by the data subject.
If the data subject is logged in to YouTube at the same time, YouTube recognises which specific subpage of our website the data subject is visiting when a subpage containing a YouTube video is called up. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is simultaneously logged into YouTube at the time of calling up our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, he or she can prevent the transmission by logging out of his or her YouTube account before accessing our website.
A cookie is a file that is created by a website on the user's computer. They are text files that are automatically created by the browser and web sites. Cookies may contain personal data of the user in order to enable user-friendly surfing.
AWV sometimes uses so-called session cookies (e.g. when logging in) to optimise the use of the website. This text file contains a session ID, with which requests of the user browser can be assigned to the common session. The user's computer can be recognised if the website is called up again without terminating the browser. Session cookies are deleted after you close your browser.
In addition, the AWV also uses technically necessary cookies. These text files remain on the user's terminal device and enable AWV to recognise the user the next time the website is visited (even after the browser has been closed). These cookies are stored on the hard drive and delete themselves after a specified time. The lifetime of these cookies is one month to ten years. With the help of these cookies, the AWV can make the website more user-friendly, more effective and more secure. The AWV establishes a legitimate interest to use these technically necessary cookies according to Art. 6 para. 1 p. 1 lit. f GDPR in order to provide a functional website.
If technically unnecessary cookies from third-party providers are to be set, e.g. from video embedding applications (e.g. from Youtube), cookies will only be stored on the user's terminal device after prior consent by "opt-in" procedure. The purpose of storing the cookie is shown with reference to the desired service of the website.
In addition, the browser settings can be selected in such a way that the user is informed in advance about the setting of cookies. Decisions to accept or reject cookies can be stored here. Restrictive settings can limit the functionality of websites.
13. Legal basis of processing
Art. 6 para. 1 a) GDPR serves our association as the 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 performance of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 para. 1 b) GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services. If our association is subject to a legal obligation by which the processing of personal data becomes necessary, such as for compliance with tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our association or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47 sentence 2 GDPR).
14. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Art. 6 para. 1 f) GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.
15. Duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment or initiation of the contract.
16. Legal or contractual requirements to provide the personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our association concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis 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 what the consequences of not providing the personal data would be.
17. Existence of automated decision making
As a non-profit association, we do not use automatic decision-making or profiling.