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Data Privacy Policy

(Last updated: September 2021)

Thank you for visiting our website and for your interest in our company. The protection of your personal data is a matter of great importance to us. Below we inform you according to art. 12, 13 and 21 of the General Data Protection Regulation (GDPR) about the handling of your personal data when visiting our website www.makalu.live.

Personal data are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes information such as the civil name, address, tele-phone number and date of birth.

I. Responsible Body

Responsible Body according to GDPR

Qvest Stream GmbH
Universitätsring 6
06108 Halle (Saale)

II. Data Protection Officer

Contact details of our data protection officer:
Qvest Group GmbH
-Data Protection Officer-
Mathias-Brüggen-Str. 65a
50829 Cologne
email: dataprotection(at)qvest.com
 

III. Purposes and Legal Basis of the Data Processing

1. Informational Use of the Website

You can visit our website without providing any personal information. If you use our website for informational purposes only, i.e. do not provide us with information about yourself, we do not collect any personal data, with the exception of the data that your browser transmits to enable you to visit the website as well as information that is transmitted to us through cookies used for statistical analysis of the use of our website.

a. Technical Provision of the Website

For the purpose of the technical provision of the website, it is necessary that we process cer-tain automatically transmitted information about you so that your browser can display our website and you can use the website. This information is automatically collected for each visit of our website and stored in our server log files. This information refers to the computer sys-tem of the requesting computer. The following information is collected thereby:

  • IP-adresse
  • Browser type / -version (e.g.: Firefox 59.0.2 (64 Bit));
  • Browser language (e.g.: German);
  • Operating system (e.g.: Windows 10);
  • Internal resolution of the browser window;
  • Screen resolution;
  • Javascript activation;
  • Java on / off;
  • Cookies on / off;
  • Color depth;
  • Time of access.

Furthermore, we use cookies to make our website available to you for use. Cookies are text files that are stored in the internet browser or by the internet browser when you visit a website on your computer system. A cookie contains a characteristic string of characters that ena-bles a unique identification of the browser when the website is called up again. We use these cookies exclusively to provide you with our website and its technical functions. Some func-tions of our website may not be offered without the use of cookies. The following information is stored in the cookies and transferred to us:

  • Session ID

Your information, collected by us through the aforementioned cookies, will not be used by us to create user profiles or to evaluate your browsing behavior.
We process your personal data for the technical provision of our website on the following legal basis:

  • for the fulfilment of a contract or for the implementation of pre-contractual measures pursuant to Art. 6 para. 1 letter b GDPR, provided you visit our website to obtain infor-mation about our products and our events; and
  • to protect our legitimate interests pursuant to Art. 6 para. 1 letter f GDPR in order to make the website technically available to you. Our legitimate interest is to provide you with an attractive, technically functioning and user-friendly website and to take measures to protect our website from cyber risks and to prevent cyber risks for third parties from arising from our website.

b. Statistical Analysis of Website Usage and Range Increase

For the purpose of statistical analysis of the use of our website, we use Google Analytics and thus cookies, which enable an analysis of your browsing behaviour. This enables us to im-prove the quality of our website and its content. We learn how the website is used and can thus continuously optimize our offer.

The information obtained in the context of the statistical analysis of our website will not be merged with your other data collected in the context of the website.

We process your personal data for statistical analysis of the use of our website on the follow-ing legal basis:

  • Your consent pursuant to art. 6 para. 1 letter a GDPR.

Google Analytics

On our website we use Google Analytics, a web analysis service of Google Inc. Google Analytics uses so called "cookies": text files placed on your computer, enabling an analysis of the use of the website by you. The information generated by the cookie about your use of our website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on our website, Google will shorten your IP address within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide the website operator with other services relating to website and internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

On our website we use Google Analytics with the extension "_anonymizeIp()". This arranges for IP addresses to be further processed in abridged form, a direct relation to a person can be ruled out.
We use Google Analytics exclusively with your consent. You can withdraw your consent by

  • selecting the appropriate settings on your browser, however please note that in this case you may not be able to use the full scope of functions on our website.
  • You can prevent the collection of data generated by the cookie and relating to your use of our website (including your IP address) and the transmission to Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en
  • As an alternative to the browser plugin, you can click the link below to prevent Google Analytics from collecting data about our website in the future. An opt-out cookie is stored on your device. If you delete your cookies, you must click the link again.

Click here to deactivate Google Analytics

For more information on Google Analytics' Terms of Use and Privacy Policy, please visit http://www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/

Google Maps

Our website uses the Google Maps plugin. This service is offered by Google.

To increase the protection of your data when you visit our website, the Google Maps plugin is not integrated into the page unrestrictedly, but by using an HTML link (so-called "Shariff solu-tion"). This ensures that when you visit our website, you are not yet connected to Google's servers and that your data is not transmitted to Google. Only when you activate the plugins and thus give your consent to the data transmission, your browser establishes a direct con-nection to the Google servers, where you can (if necessary after entering your login data) e.g. click the Like or Share button. Functionally, the Google Maps plugin thus corresponds to a hyperlink through the Shariff solution, so that neither we nor Google collect data from you on our website.

The purpose and scope of the data collection and the further processing and use of the data by Google as well as your rights and setting options for the protection of your privacy can be found in Google's data protection information at https://www.google.com/policies/privacy/partners/?hl=en

JW Player

On our website we show videos in some places. These are produced using JW Player tech-nology from Longtail Ad Solutions, Inc, 2 Park Avenue, 10th Floor, New York, NY 10016, USA.

In order to increase the protection of your data when visiting our website, the JW Player is restricted and only integrated into the page using an HTML link. This ensures that no connec-tion is established with the servers of the JW Player when you visit our website and that your data is not transferred to the JW Player. Only when you activate the video and thus give your consent to the data transmission, your browser establishes a direct connection to the servers of JW Player so that you can watch our video. Functionally, the integration of the JW Player corresponds to a hyperlink, so that neither we, nor the JW Player, collect data from you on our website.

For more information, please see the Longtail Ad Solutions, Inc. privacy policy at https://www.jwplayer.com/privacy/.

Use of the Social Plugins (Like, Tweet)

On our website we use social plugins from Facebook (Like) and Twitter (Tweet). In order to increase the protection of your data when you visit our website, these plugins are limited and integrated into the site using the 2-click solution. This ensures that when you visit our website, no connection is established with the providers' servers and that your data is not transmitted to them. Only when you activate the plugins by clicking on the buttons next to the respective social button and thus give your consent to data transmission, your browser es-tablishes a direct connection to the servers of the providers, where you can (if necessary af-ter entering your login data) e.g. press the Like, Tweet or Share button.

Once you have left our website and are on the pages of the social networks, we no longer have any influence over the processing of your data. You may use the information on the handling of your data by the respective provider, in particular for the purpose and scope of data processing, the further processing and use of the data by the respective provider, your relevant rights and setting options to protect your privacy, please refer to the data protection information of the respective provider as follows:

• Facebook: http://www.facebook.com/policy.php
• Twitter: https://twitter.com/de/privacy

Google reCAPTCHA

In order to ensure sufficient data security during the submission of forms, we use the service reCAPTCHA of the company Google Inc. This serves above all to differentiate whether the input is made by a natural person or whether it is misused by mechanical and automated processing.

The service includes the transmission of the IP address, the behaviour of the website visitor, information about the operating system, browser and length of stay, cookies, display instructions and scripts, the input be-haviour of the user as well as mouse movements in the area of the "reCAPTCHA" checkbox to Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our website. The data protection regulations of Google Inc. can be found at www.google.de/intl/de/privacy oder www.google.com/intl/de/policies/privacy/

We use Google reCAPTCHA:

• to protect our legitimate interest in accordance with Art. 6 para. 1 lit. f DSGVO in order to provide you with the website technically and securely. Our legitimate interest lies above all in taking measures to protect our website from cyber risks and to prevent cyber risks from our website for us and for third parties, so that we can provide you with a user friendly, technically functioning and secure website.

c. Social Links

The website includes links to services such as Facebook, Twitter, LinkedIn and Xing. After clicking on the link you will be redirected to the page of the respective provider, i.e. only then will user information be transferred to the respective provider. For information on the handling of your data when using the websites of other providers, please refer to the respective data privacy policies by these providers.

2. Active Use of the Website

In addition to the merely informational use of our website, you can also actively use our web-site to order one of our products, to register for an event, to register for our newsletter or to contact us. In addition to the above-mentioned processing of your personal data for merely informational purposes, we will also process other personal data that we require from you to process your order or to process and respond to your inquiry.

a. User Requests

In order to process and answer your inquiries to us, e.g. via the contact form or our e-mail address, we process your personal data provided by you in this context. In any case, this includes your name and e-mail address in order to send you an answer, as well as the other information that you send us in the context of your message.

We process your personal data in order to respond to user inquiries on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para. 1 lit f GDPR; our legitimate in-terest is to answer customer inquiries appropriately.

b. If you send us a Job Application

We process your personal data in the context of your application, provided that you make it available to us. The application documents may contain special categories of personal data.

Processing of personal data

The applicant data usually includes the following: First and last name, if applicable your aca-demic degree, date and place of birth, contact details (address, e-mail, telephone and/or mo-bile phone number), application documents (cover letter, CV, certificates), language skills, abilities. In addition, we process the data that you send us by e-mail as part of establishing contact.

We base our decisions in the application process on the personal data you provide within the framework of legal requirements. We use your professional qualifications, for example, to de-cide whether we consider you in the narrow selection process or a personal impression in an interview to decide whether we offer you the position for which you have applied.

We process your personal data on the basis of the following legal bases:

  • For the decision on the establishment of an employment relationship, art. 88 para. 1 GDPR in connection with section 26 para. 1 sentence 1 BDSG.

Processing of special categories of personal data

According to Article 9 GDPR, special categories of personal data are personal data which re-veal racial and ethnic origin, political opinion, religious (e.g. information on reli-gion/denomination) or ideological beliefs or trade union membership, as well as the processing of biometric data for clear identification (e.g. photos), health data (e.g. information on the de-gree of severe disability) or data on sex life or sexual orientation. If your CV contains special categories of personal data, we do not collect them intentionally. We expressly ask you not to send us such data.

If, as part of your application documents, you voluntarily and against our express request, provide us with special categories of personal data pursuant to art. 9 para. 1 GDPR (e.g. your photo or details of your religious affiliation/denomination), we will store these on the basis of your consent pursuant to art. 88 para. 1 GDPR in connection with your application. section 26 para. 3 sentence 2 BDSG. This also applies if you provide us with further special personal data in the course of the application process. By voluntarily submitting this data, you agree to the storage of this special personal data within the application process.

We do not take this special personal data into account when making a selection decision, un-less it is required by law to take this special personal data into account. It is possible, for ex-ample, in some job advertisements that people with disabilities are given preferential treatment in accordance with the applicable laws. In these cases, the information is always voluntary and is provided with your express consent, which you provide by voluntarily submitting this data.

We process your special personal data on the basis of the following legal bases:

  • pursuant to art. 9 para. 1 GDPR on the basis of your consent pursuant to art. 88 para. 1 GDPR in conjunction with section 26 para. 3 sentence 2 BDSG.

c. Registration and User Account

You can create a user account to use the online shop. For this purpose you have to register. We process the data you enter into the registration form. You must enter your e-mail address and a password of your choice. In addition, we process in particular your name, your ad-dress, your contact data and, if necessary, a different delivery address.

Mandatory data for the creation of a user account are marked with an asterisk ("*") in the reg-istration form.
We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR, provided that you register to use the user account and the services offered in this context; and
  • to safeguard our legitimate interests pursuant to art. 6 para. 1 letter f GDPR, in order to make the portal technically available to you. Our legitimate interest is to be able to provide you with an appealing, technically functioning and user-friendly portal.

d. Online Shop Order Process

Within the online shop we enable you to place an order from our range. You can put articles from our assortment into the shopping cart in the online shop. All articles and their quantity are saved in the shopping cart. In order to simplify your order, we also save an incomplete order for you so that you can complete it the next time you visit us.

We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR, if you use our portal to inform yourself about our range of products and place orders.
  • to safeguard our legitimate interests pursuant to art. 6 para. 1 letter f GDPR, in order to make the portal technically available to you. Our legitimate interest is to be able to provide you with an appealing, technically functioning and user-friendly portal.

e. Payment

We employ a payment service provider to process your order payment.
We process your personal data for the processing of orders on our website on the basis of the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR

f. Order Processing

In order to be able to send you the ordered products, we transmit your first and last name, contact data as well as a deviating delivery address to the delivery service commissioned by us.
We process your data for the above purposes on the following legal basis:

  • for the performance of a contract or for the implementation of pre-contractual measures pursuant to art. 6 para. 1 letter b GDPR;

g. Legal Compliance

We also process your personal data in order to fulfil other legal obligations that we are subject to in connection with the processing of your order. These include in particular retention peri-ods under commercial, trade or tax law.

We process your data for the above purposes on the following legal principles:

  • to fulfil a legal obligation to which we are subject pursuant to art. 6 para. 1 letter c GDPR in connection with commercial, industrial or tax law, insofar as we are obliged to record and store your data.

h. Enforcement of Rights

We also process your personal data in order to assert our rights and enforce our legal claims. We also process your personal data in order to be able to defend ourselves against legal claims. Finally, we process your personal data to the extent necessary to defend against or prosecute criminal offences.

We process your data for the above purposes on the following legal basis:

  • to protect our legitimate interests pursuant to art. 6 para 1 letter f GDPR, insofar as we assert legal claims or defend ourselves in legal disputes or we prevent or clarify crimi-nal offences.

i. Newsletters

With your consent we use your data for the transmission of our newsletter. We process man-datory information that you enter when registering for the newsletter, such as your e-mail ad-dress and your name:

  • If you have given us your consent by double opt-in procedure, pursuant to art. 6 para. 1 letter a GDPR.

IV. Links

Some sections of our web pages contain links to the web pages of third parties. These web-sites are subject to their own data protection principles. We are not responsible for their oper-ation including the data handling. If you send information to or about such third party sites, you should review the privacy statements of those sites before you submit any information that may assigned to you.

V. Categories of Recipients

Firstly, only our employees will be informed of your personal data. In addition, we share your personal data with other recipients who provide services to us in connection with our website, insofar as this is legally permitted or prescribed. We limit the transfer of your personal data to what is necessary, in particular to be able to complete your order. In some cases, our service providers receive your personal data as contract data processors and are then strictly bound by our instructions when handling your personal data. In some cases, the recipients act inde-pendently with your data, which we transmit to them.

Below, we describe the categories of recipients of your personal data:

  • Payment service providers and banks, if applicable, during payment processing,
  • Logistics service providers to be able to deliver the products to you,
  • IT service providers who administrate and host our website,
  • Collection companies and legal advisors in asserting our claims.

VI. Transfer into Third countries

As part of the use of Google tools, we transfer your IP address and your shortened IP address to the USA. The data transfer is based on the EU Commission implementing decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EG of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US data privacy shield.

Furthermore, we do not transfer your personal data to countries outside the EU or the EEA or to international organisations.

VII. Duration of Storage

1. Informational Use of the Website

When using our website for information purposes only, we store your personal data on our servers exclusively for the duration of your visit to our website. After you have left our web-site, your personal data will be deleted immediately.

Cookies installed by us are usually also deleted after leaving our website. However, this does not apply to Google Analytics Cookies. These remain stored for the duration of up to two years. You also have the option to delete installed cookies yourself at any time.

2. Active Use of the Website

If you actively use our website, we initially store your personal data for the duration of re-sponding to your inquiry or for the duration of our business relationship. This also includes the initiation of a contract (pre-contractual legal relationship) and the execution of a contract.

In addition, we will store your personal data until any legal claims arising from the relationship with you become time-barred, in order to use them as evidence if necessary. The limitation period is generally between 12 and 36 months, but can also be up to 30 years.

Upon expiry of the limitation period, we delete your personal data, unless there is a legal obli-gation to store such data, for example from the German Commercial Code (sec. 238, 257 pa-ra. 4 HGB) or from the Tax Code (sec. 147 para. 3, 4 AO). These retention obligations can last from two to ten years.

If you apply for a job with us, we store your application data for the duration of the application procedure. If we do not make you an offer, we will delete your data two months after you have received our negative decision. If we hire you, we will keep your application data for your employment.

VIII. Your Rights as Data Subject

Under the legal provisions you are entitled to the following rights as data subject, which you can assert against us:

Right to information: You are entitled to request confirmation from us at any time within the scope of art. 15 GDPR as to whether we are processing personal data relating to you; If this is the case, you are also entitled under art. 15 GDPR to receive information about such per-sonal data as well as other specific information (inter alia, processing purposes, categories of personal data, categories of recipients, planned storage period, the origin of the data, the use of automated decision-making and, in the case of transfers to third countries, the appropriate guarantees) and a copy of the data.

Right to correction: According to art. 16 GDPR, you are entitled to demand correction of the personal data stored about you if it is inaccurate or incorrect.

Right to deletion: You are entitled, under the conditions of art. 17 GDPR, to request from us the deletion of personal data relating to you without delay. Among other things, there is no right of deletion if the processing of personal data is necessary for (i) the exercise of the right to freedom of expression and information, (ii) the fulfilment of a legal obligation to which we are subject (e.g. statutory retention obligations) or (iii) the assertion, exercise or defence of legal claims.

Right to limitation of processing: Under the conditions of art. 18 GDPR you are entitled to request from us the limitation of the processing of your personal data.

Right to data transferability: You are entitled, under the conditions of art. 20 GDPR, to re-quest from us the provision to you of the personal data relating to you that you have submitted to us in a structured, current and machine-readable format.

Right of revocation: You have the right to revoke your consent to the processing of per-sonal data at any time with effect for the future without incurring any costs other than the transmission costs according to the basic rates.

Right to objection: You are entitled to object to the processing of your personal data under the conditions of art. 21 GDPR, meaning that we have to terminate the processing of your personal data. The right of objection exists only within the limits provided for in art. 21 GDPR. In addition, our interests may prevent the processing from being terminated, so that we are entitled to process your personal data despite your objection.

Right of appeal to a supervisory authority: You are entitled to file a complaint with a su-pervisory authority, in particular in the Member State of your place of residence, work or sus-pected infringement, under the conditions laid down in Article 77 GDPR, if you believe that the processing of personal data concerning you infringes the GDPR. The right of appeal is not prejudicial to any other administrative or judicial remedy.

The supervisory authority responsible for us is:

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Kavalleriestr. 2-4
40213 Dusseldorf
Germany
Phone: 0211/38424-0
Fax: 0211/38424-10
Email: poststelle(at)ldi.nrw.de

However, we recommend that you always address a complaint to our data pro-tection officer first.
If possible, your applications for the execution of your rights should be addressed in writing to the above address or directly to our data protection officer.

IX. Scope of your Obligations to provide Data

Generally, you are not obliged to provide us with your personal data. However, if you do not provide this information, we will not be able to make our website available to you, answer your questions and enter into a contract with you. Personal data which we do not necessarily re-quire for the above-mentioned processing purposes are marked as voluntary information by a " if applicable " or another symbol.

X. Automated Decision Making/ Profiling

We do not use automated decision making or profiling (an automated analysis of your person-al circumstances).

Information about your right of objection art. 21 GDPR

You have the right to object at any time to the processing of your data on the basis of art. 6 para. 1 f GDPR (data processing on the basis of a balance of interests) or art. 6 para. 1 e GDPR (data processing in the public interest), if there are reasons for this arising from your par-ticular situation. This also applies to profiling based on this provision within the meaning of art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data, unless we can prove compelling and applicable reasons for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

The objection can be made without formality and should be addressed to:

Qvest Stream GmbH
Matthias-Brüggen Str. 65a
E-Mail: info(at)qvest.com
Telefon: +49 221 9156-0
Fax: +49 221 9156-200

XI. Amendments

We reserve the right to change this privacy policy at any time. Any changes will be an-nounced by publishing the amended privacy policy on our website. Unless otherwise specified, such amendments shall take immediate effect. Please check this privacy policy regularly to ensure you have the latest version.

XII. Cookies