Data Privacy

Privacy policy www.ahead.group

Our privacy policy is modular in structure. It consists of a general part for all processing of personal data and processing situations (I. General) and a special part, the content of which relates in each case only to the processing situation specified there (II., III.). In order to be able to find the parts that are relevant to you, please refer to the following overview for the subdivision of the privacy policy:

The controller within the meaning of the General Data Protection Regulation ("GDPR") and other national data protection laws and other provisions of data protection law for the processing of data to provide the Website is:

I.    General

1.    Scope of the processing of personal data

We collect and use personal data of our website users and other data subjects (such as service providers, suppliers, customers) only to the extent necessary to provide our website, our content and our services.

2.    Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 para. 1 lit. a GDPR serves as the legal basis for the processing of personal data.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations which are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

If the processing of the data requires the storage of information in your terminal device or access to information already stored in the terminal device, § 25 para. 1, 2 TTDSG is the legal basis for this.

3.    Data deletion and storage period

The personal data of the user will be deleted or blocked as soon as the purpose of the storage no longer applies. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU ordinances, laws or other regulations to which the person responsible is subject. Data will also be blocked or deleted when a storage period prescribed by the above-mentioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

4.    General contact

You can contact us via our contact form on our website, by e-mail, telephone or letter. In this case, your information and attachments from the request, including the contact data you provide there, will be stored by us exclusively for the purpose of processing the request and in the event of follow-up questions. In the case of the contact form, your connection data such as IP address and the date and time of sending are also processed. If you contact us by e-mail, your e-mail address and the date and time of sending will be processed. If you contact us by telephone, the telephone number will be processed. If you write to us by letter, we process your address data and date of receipt. In this context, the data will not be passed on to third parties.

The legal basis for processing the data is Art. 6 para. 1 lit. f GDPR. Our interest in answering your request outweighs your interest; since you write to us, a response is furthermore also in your interest and you are aware that we need to process your data to answer your request. The connection data is collected in order to be able to process and respond to your inquiry and to counteract misuse of the contact options.

If the contact aims at the conclusion of a contract, the legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case when the respective communication with the data subject has ended. The communication is terminated when it can be inferred from the circumstances that the matter concerned has been conclusively clarified.

5.    Recipients of your data

Within our company, those departments have access to your data that need it for the fulfillment of their processing purposes. This also applies to the service providers and vicarious agents we use. All departments and persons who work with your data are bound to data secrecy and have been made aware of the sensitive handling of personal data.

Outside the company, your data will only be passed on if this is in accordance with data protection regulations. This is the case if the transfer is necessary to fulfill the purposes or if we have obtained your consent to use and share the data. The following categories of recipients may receive your data:

• Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 lit. b or lit. f GDPR, insofar as it does not involve processors. 
• Government agencies/authorities, insofar as this is necessary to fulfill a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 lit. c GDPR. 
• Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 lit. b or lit. f GDPR.
• While visiting the website, other recipients may be considered, which are listed under "II." in the appropriate places.

6.    Data sources

We receive your personal data mainly directly from you and may also use public sources (websites, contact directories, etc.) for initial contact.

If we receive your data from other third parties (for example, recommendations from other partners), we will inform you about these data sources when you initially contact us.

7.    Data subject rights

If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights against the controller:

a)    Right of access 
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you can request information from the controller about the following:

(1)      the purposes of the processing; 
(2)      the categories of personal data concerned; 
(3)      the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations; 
(4)      where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; 
(5)      the existence of the right to request from us rectification or erasure of personal data or restriction of processing of personal information or to object to such processing; 
(6)      the right to lodge a complaint with a supervisory authority; 
(7)      where the personal data are not collected from you, any available information as to their source; 
(8)      the existence of automated decision-making, including profiling, referred to in Art. 22 para. 1 and 4 GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.

b)    Right to rectification 

You have the right to obtain from us within undue delay the rectification of inaccurate or incomplete personal information. Taking into account the purposes of the processing, you have the right to have incomplete personal information completed, including by means of providing a supplementary statement.

c)    Right to restriction of processing

You have the right to obtain from us restriction of processing where one of the following applies:

(1)      the accuracy of the personal data is contested by yourself, for a period enabling us to verify the accuracy of the personal data; 
(2)      the processing is unlawful and the data subject opposes the erasure of the personal information and requests the restriction of their use instead; 
(3)      we no longer need the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; 
(4)      You have objected to processing pursuant to Art. 21 para. 1 pending the verification whether the legitimate grounds override those of the data subject.

Where processing has been restricted, such personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State. 
If you have obtained restriction of processing pursuant to the above, you shall be informed by us before the restriction of processing is lifted.

d)    Right to erasure (‘right to be forgotten’)

You have the right to obtain from us the erasure of personal information concerning without undue delay and we have the obligation to erase personal information without undue delay where one of the following grounds applies:

(1)      the personal information is no longer necessary in relation to the purposes for which they were collected or otherwise processed; 
(2)      you withdraw consent on which the processing is based according to Art. 6 para.1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, and where there is no other legal ground for the processing; 
(3)      you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 para 2 GDPR; 
(4)      the personal information has been unlawfully processed; 
(5)      the personal information has to be erased for compliance with a legal obligation in the European Union 
(6)      the personal information has been collected in relation to the offer of information society services referred to in Article 8 para.1 GDPR.

Information to third parties

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 para. 1 GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data. 

Exceptions

The right to erasure shall not apply to the extent that processing is necessary:

(1)       for exercising the right of freedom of expression and information; 
(2)       for compliance with a legal obligation which requires processing by the European Union or for the performance of a task carried out in the public interest 
(3)     for reasons of public interest relating to public health pursuant to Art. 9 para. 2 lit. h and lit. i and Art. 9 para. 3 GDPR; 
(4)     for archiving, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to make it impossible or seriously impede the attainment of the objectives of such processing, or 
(3)       for the establishment, exercise or defence of legal claims.

e)    Notification regarding rectification or erasure of personal data or restriction of processing

We shall communicate any rectification or erasure of personal data or restriction of processing carried to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. We will inform you about those recipients if you request it.

You have the right to be informed about these recipients by the data controller.

f)    Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

(1)    the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and 
(2)    the processing is carried out by automated means.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons shall not be affected by this.

The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

g)    Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise his or her right to object by automated means using technical specifications.

h)    Right to revoke the declaration of consent

You have the right to revoke your declaration of consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

i)    Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you.

This does not apply if the decision

(1)    is necessary for entering into or performance of a contract between you and us, 
(2)    is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or 
(3)    is done with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

Regarding the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

j)    Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.

II.    Data processing when visiting the website www.ahead.group

1.    Provision of the website and creation of log files

Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer. The following data is collected for a limited time:

1.    Information about the browser type and version used and language 
2.    The operating system of the user 
3.    The IP address of the user 
4.    Date and time of access 
5.    The amount of data transferred 
6.    Websites from which the user's system accesses our website 
7.    Websites that are accessed by the user's system via our website

The data is stored in the log files of our system. This data is only required for the analysis of any malfunctions and is deleted within fourteen days at the latest. The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f GDPR. The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address of the user must remain stored for the duration of the session. The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context, and conclusions about your person are not drawn. The collection of data for the provision of the website and the storage of the data in log files is necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

To provide the Website (web hosting), we use the services of our processor Amazon Web Services EMEA Sàrls, 38 Avenue John F. Kennedy, L-1855 Luxembourg, Luxembourg (" AWS "), with whom we have entered into a Data Processing Agreement.

2.    Use of cookies

We use so-called session or flash cookies on our website and in our applications. Cookies are text files that are stored in or by the Internet browser on the user's computer system. When a user visits a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that allows the browser to be uniquely identified the next time the website is accessed. Some functions of our website cannot be offered without the use of cookies. These may include in particular: Session cookies (which store shopping cart contents, login status or language settings), opt-out cookies (which can be used to revoke consent to data processing), cookies from payment service providers (which are only used to prepare payments or verify payment legitimacy), pure counting cookies (which prevent websites from being overloaded) or Flash cookies (which are used to play media content). For these, it is necessary that the browser is recognized even after a page change. The user data collected with technically necessary cookies are not used to determine the identity of the user or to create user profiles. The legal basis for the processing of personal data by means of technically necessary cookies is § 25 para. 2 TTDSG and Art. 6 para. 1 lit. f) GDPR. Due to the technical necessity, there is no revocation option. Insofar as we use cookies that are not technically necessary, you will find the relevant information in the following information on the individual services.

III.    Supplementary data protection information for applicants

We collect and process personal data from applicants for the purpose of handling the application process. The legal basis is the overriding legitimate interests of the person applying and of us in an exchange for the purpose of initiating an employment relationship (Art. 6 para. 1 lit. f GDPR). The processing may also take place electronically. This is particularly the case if an applicant sends corresponding application documents electronically, for example by e-mail. If we conclude 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. The legal basis is then Art. 6 para. 1 lit. b GDPR in conjunction with Art. 88 GDPR and § 26 BDSG and, in the case of processing sensitive data in accordance with Art. 9 GDPR, your consent; Art. 6 para. 1 lit. a GDPR. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted after notification of the rejection decision, provided that no other legitimate interests of the 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).