We are very delighted that you have shown interest in our Website. Data protection is of a particularly high priority for the management of Proofratings LLC a company incorporated under the laws of North Carolina and with its headquarters based in the USA (“Proofratings”, “controller”, “we”, “us”, “our”). The use of proofratings.com and any of its other language versions at different domains, (“Internet pages of Proofratings”, “Website”, “Service(s)”) is possible without any indication of personal data; however, if a data subject wants to use special Website Services via our Website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject. Proofratings’ mission is to help our clients increase trust and conversion rate for this purpose we may need to process some personal data of data subjects.
The processing of personal data, such as name, address, e-mail address, or telephone number of a data subject shall always be in line with the laws of the state of North Carolina (primarily) – “applicable law” – including the General Data Protection Regulation (“GDPR”), and in accordance with the country-specific data protection regulations applicable to Proofratings.
NOTWITHSTANDING TO ANYTHING AFOREMENTIONED OR SPECIFIED HEREINBELOW THE GDPR WILL APPLY ONLY IN THOSE CASES WHEN YOU ARE A CITIZEN OR RESIDENT OF ONE OF THE MEMBER STATES OF THE EUROPEAN UNION, THE APPLICABLE LAW AND/OR THE COUNTRY-SPECIFIC DATA PROTECTION REGULATIONS SHALL APPLY IN ALL OTHER INSTANCES.
By means of this data protection declaration, our Website would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the data controller, Proofratings has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this Website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of Proofratings is based on the terms used by the European legislator for the adoption of the GDPR. Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
Personal data means any information relating to an identified or identifiable natural person (“data subject”, “user”, “you”, “your”, “yours”). 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 such as your education, work experience, skills, photo, city or area and endorsements.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing
Restriction of processing is 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymisation is 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing
Controller or controller responsible for the processing is 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.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third-party or not.
Third-party is 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 authorized to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which you, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
The controller for the purposes of the GDPR, the applicable law and other applicable data protection laws and other provisions related to data protection is:
Durham, North Carolina, USA
The data subject may, at any time, prevent the setting of cookies through our Website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our Website may be entirely usable.
The Website requires users to register by providing certain information. We ask for contact and account information, such as name, address, email address, company, phone number, and website. We do not distribute or share customer’s data. We may also ask you to provide us additional personal data, such as sex, geo-location and other data that are necessary in order to provide you a high-quality Services.
The Website uses the information we collect to set up the Services for individuals and their organizations. We may also use the information to contact customers and prospects to further discuss their interest in our company, the Services we provide and ways we can improve them. We may also Email a customer newsletter and updates about the Services or the business. You can opt out of receiving these communications by emailing us or clicking on the link in the email.
The Website is committed to protecting your Privacy. Authorized employees within the Website on a need to know basis only use any information collected from individual customers. The Website’s employees constantly reviews our systems and data to ensure the best possible service to our customers. There are specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
The Website of Proofratings collects a series of general data and information when a data subject or automated system calls up the Website. This general data and information are stored in the server log files. Collected information may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the Website from which an accessing system reaches our Website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Proofratings does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our Website correctly, (2) optimize the content of our Website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Proofratings analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our Website, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Our Website allows you to stay informed about testimonials from different channels.
We may use data, such as public feedback, to conduct research and for the further development of our Website in order to provide you and other users with a better, more intuitive and personalized experience, drive membership growth and engagement on Internet pages of Proofratings.
We also dedicate Internet pages of Proofratings for your personal development and would like to create new opportunities for Proofratings’ users and to help them be more productive and successful.
We may use polls and surveys that are conducted by us and others through our Website. You are not obligated to respond to polls or surveys and you have discretion as to the information you provide. You may also opt out of survey invitations.
The data subject has the ability to register on the Website of the controller with the indication of personal data. The types of personal data transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for its own purposes. The controller may request transfer of such personal data to one or more processors that also uses such personal data for an internal purpose which is attributable to the controller.
Registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered users are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the written request or indication of the data subject, insofar as there are no statutory storage obligations. The Data Protection Officer particularly designated in this data protection declaration, as well as the entirety of the controller’s employees are available to the data subject in this respect as contact persons.
We may use user’s personal data (which can include your communications) needed to investigate, respond to and resolve complaints and issues with our services provided via Internet pages of Proofratings (e.g., bugs, failures etc.) We may also use your personal information to generate statistics about our users, their profession or industry, the number of ads impressions served or clicked on, or the demographic distribution of visitors to our Website. We use your data (which may include your communications) if we think it is necessary for security purposes or to investigate possible fraud or other violations of other legal documents published on Internet pages of Proofratings.
In accordance with your account settings, excerpts from your profile will appear on the services of others (e.g., search engine results, mail and calendar applications that show a user a brief Proofratings profile of the person they are meeting or messaging, social media aggregators, talent and lead managers etc.).
It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Website (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of data controller, Proofratings users, personnel, or others. We attempt to notify Proofratings users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
On this Website, the controller has integrated components of Stripe. Stripe is an online payment service provider PCI DSS compliant and Privacy Shield participator. Payments are processed via so-called Stripe accounts, which represent virtual private or business accounts. Stripe is also able to process virtual payments through credit cards when a user does not have a Stripe account. A Stripe account is managed via an e-mail address, which is why there are no classic account numbers. Stripe makes it possible to trigger online payments to third-parties or to receive payments from third-parties. Stripe also accepts trustee functions and offers buyer protection services.
The main operating company(ies) of Stripe is Stripe, Inc. (“Stripe”), and Stripe Payments Company (“SPC”) which has its principal place of business at Suite 550, 185 Berry Street, San Francisco, CA 94117, USA. The operating subsidiary may be different depending on your location.
If the data subject chooses “Stripe” as the payment option in the online shop during the ordering process, we automatically transmit the data of the data subject to Stripe. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.
The personal data transmitted to Stripe is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.
The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to Stripe, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between Stripe and the controller for the processing of the data will be transmitted by Stripe to economic credit agencies. This transmission is intended for identity and creditworthiness checks.
Stripe will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.
The data subject has the possibility to revoke consent for the handling of personal data at any time from Stripe. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.
The applicable data protection provisions of Stripe may be retrieved under https://stripe.com/us/privacy.
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States of America.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following link https://www.google.com/analytics/.
On this Website, the controller may have integrated certain components of the enterprise Facebook for provision of Services. Facebook is a social network.
A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include, among other, the creation of private profiles, upload photos, and network through friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States of America. If a person lives outside of the United States of America or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The operating subsidiary may be different depending on the location of data subject.
With each call-up to one of the individual pages of this Internet Website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) may have been integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our Website was visited by the data subject.
If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our Website by the data subject – and for the entire duration of their stay on our Internet site – which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our Website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.
Facebook always receives, through the Facebook component, information about a visit to our Website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our Website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then the data subject may prevent this by logging off from their Facebook account before a call-up to our Website is made.
The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook, e.g. the Facebook blocker of the provider Webgraph, which may be obtained under http://webgraph.com/resources/facebookblocker/. These applications may be used by the data subject to eliminate a data transmission to Facebook.
For the purposes of providing you the Services, we may also use your data according to provisions of this Policy from other thirds parties that are listed below:
This list of third parties may be changed from time to time, so the full and updated list of such third parties you may check at: https://proofratings.com
Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than aﬃliates and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Proofratings does implement security safeguards designed to protect your personal data, such as HTTPS (resp. SHA-256, SSL, VPN etc.). We regularly monitor our systems for possible vulnerabilities and attacks. Although, we cannot warrant the security of any information that you provide us. There is no guarantee that such data will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
On the Website of Proofratings, users are given the opportunity to subscribe to our Website’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
Proofratings informs its customers and business partners regularly by means of a newsletter about Website offers. The Website’s newsletter may 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 newsletter. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for the receipt of newsletter, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we may also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third-parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for receipt of the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the Website of the controller, or to communicate this to the controller in written.
The newsletter of Proofratings may contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Proofratings may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third-parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Proofratings automatically regards a withdrawal from the receipt of the newsletter as a revocation.
The Website of Proofratings contains information that enables a quick electronic contact to our Website, 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 via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third-parties.
You own all of the content and information you may post on Proofratings. In order for us to use certain types of content and provide you with Proofratings, you agree to the following: for content that is covered by intellectual property rights, such as photos, selftapes, broadcasts, video, audio, or other digital content (“IP content”), you specifically give us the following permission, subject to your privacy: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with with Proofratings (“IP License”). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it). When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup or cached copies for a reasonable period of time. We always appreciate your feedback or other suggestions about Proofratings, but You understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
The Website contains statements regarding the terms of the products offered, including details of the services available and items not covered by the Service. Such statements are generalized in an attempt to give you a summary of the types of products available through Proofratings. However, not all services are the same and you should confirm the exact terms of any product that you intend to sign up to prior to proceeding.
Proofratings’ Website may contain links to other websites. We are not responsible for the privacy practices or the content of these other websites. Customers and visitors must check the policy statement of these others websites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is your responsibility to keep such information private and confidential.
Proofratings oﬀers you a means to choose how we may use information you provided. If, at any time after registering for information or ordering the Services, you change your mind about receiving information from us or about sharing information with third parties, send us a request specifying your new choice.
If you wish to amend any of the data which we hold about you, such as your personal information, contact details or your marketing preferences, please contact email@example.com
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the applicable laws or regulations to which the controller is subject.
If the storage purpose is not applicable, or if a storage period prescribed by the applicable laws expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Rights of the Data Subject
Right to confirmation
Each data subject shall have the right to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself or herself of this right of confirmation, the data subject may, at any time, contact our Data Protection Officer.
Right to access
Each data subject shall have the right to obtain from the controller free information about their personal data stored at any time and a copy of this information. Furthermore, the data subject will have access to the following information:
Furthermore, the data subject shall have the right to obtain information as to whether personal data are trans-nationally transferred or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, you may at any time contact our Data Protection Officer or another employee of the controller.
Right to rectification
Each data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, you may, at any time, contact our Data Protection Officer.
Right to erasure (right to be forgotten)
Each data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her as soon as possible, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
Right to restriction of processing
Each data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
Right to data portability
Each data subject shall have the right to receive the personal data concerning him or her, which was provided to a controller in a structured, commonly used and machine-readable format. The data subject shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not 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, in exercising the user’s right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer.
Right to object
Each data subject shall have the right to object, on grounds relating to their particular situation, at any time, to the processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Proofratings shall no longer process the personal data in the event of the objection, unless Proofratings can demonstrate reasonable grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If Proofratings processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Proofratings processing such personal data for direct marketing purposes, Proofratings will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning him or her by Proofratings for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact the Data Protection Officer. In addition, the data subject is free in the context of the use of information society services to use their right to object by automated means using technical specifications.
Automated individual decision-making, including profiling
Each data subject shall have the right 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by the applicable law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not 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 a data controller, or (2) it is based on the data subject’s explicit consent, Proofratings shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, the data subject may at any time directly contact our Data Protection Officer.
Right to withdraw data protection consent
Each data subject shall have the right to withdraw their consent to processing of their personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, the data subject may at any time directly contact our Data Protection Officer.
Data Protection for Applications and the Application Procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by completing a web form on the Website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure.
Legal Basis for the Processing Under the GDPR
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If Proofratings is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in Proofratings and his/her name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third-party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the above mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third-party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. It considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
The Legitimate Interests Pursued by the Controller or by a Third-Party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
Period for Which the Personal Data Will be Stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
Provision of Personal Data as Statutory or Contractual Requirement; Requirement Necessary to Enter Into a Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Failure to Provide Such Data
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject 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 the consequences of non-provision of the personal data.
NON-Existence of Automated Decision-Making