Data protection

1. Introduction

Thank you for your interest in our website. The protection of your personal data is very important to us. In the following you will find information on how we handle your personal data collected through your use of our website. Your data will be processed in accordance with the legal regulations for data protection. Insofar as links are provided to other websites, we have neither influence nor control over the linked contents and the data protection regulations there. We recommend that you check the data protection declarations on the linked websites. In this way you can determine whether and to what extent personal data is collected, processed, used or made available to third parties.

2. Contact details of the responsible person

SMAGUE & Partner Executive Search GmbH

Breite Straße 112 – 114
41460 Neuss

Phone: +49 89 24 88 970-05

E-mail: contact@smague.com
www.smague.com

3. Contact details data protection officer

The external data protection officer of the controller is

Pascal Kloster
Rechtsanwaltskanzlei Kloster

Schulzstraße 3b
85579 Neubiberg

E-mail: datenschutz@smague.com

4. Definitions

Our privacy policy should be simple and understandable for everyone. As a rule, the data protection declaration uses the official terms of the Basic Data Protection Regulation (DSGVO). The official definitions are explained in Art. 4 DSGVO.

5. Data processing by visiting our website

When you access our website, it is technically necessary that data is transmitted to our web server via your Internet browser. The following data is recorded during an ongoing connection for communication between your internet browser and our web server:

Visited domain
Date and time of the request
Page from which the file was requested
Access status (file transferred, file not found etc.)
Used web browser and used operating system
IP address of the requesting computer
Amount of data transmitted

We collect this data to ensure a smooth connection with the website and to enable a comfortable use of our website by the users. In addition, the log file serves to evaluate system security and stability as well as for administrative purposes. The legal basis for the temporary storage of the data or log files is Art. 6 para. 1 lit. f DSGVO.

For reasons of technical security, in particular to defend against attempts to attack our web server, we may store this data temporarily. It is not possible to draw conclusions about individual persons on the basis of this data. After seven days at the latest, the data is anonymised by shortening the IP address at domain level, so that it is no longer possible to establish a link to the individual user. There is no evaluation of this data except for statistical purposes in anonymised form. This data is not merged with data from other data sources.

6. Cookies

Our website uses cookies that are stored by the browser of your device and contain certain settings for using the website (e.g. for the current session). Cookies are used to make our website more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser. Most of the cookies we use are so-called session cookies, which are automatically deleted when you close your browser. Other cookies remain stored on your end device until you delete them or the storage period expires. These cookies enable us to recognize your browser the next time you visit us.

In some cases, the cookies are used to simplify website processes by storing settings (e.g. the provision of previously selected options). If personal data is also processed by individual cookies implemented by us, processing is carried out in accordance with Art. 6 Para. 1 lit. b DSGVO either for the purpose of implementing the contract or in accordance with Art. 6 Para. 1 lit. f DSGVO to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.

You can set your browser so that you

can be informed about the setting of cookies
only can allow cookies in individual cases
can exclude the acceptance of cookies for certain cases or generally
can activate the automatic deletion of cookies when the browser is closed

The cookie settings can be managed under the following links for each browser:

Google Chrome: https://support.google.com/chrome/answer/2790761?co=GENIE.Platform%3DDesktop&hl=de
Mozilla Firefox:

https://www.mozilla.org/de/firefox/dnt/

Internet Explorer:

https://support.microsoft.com/de-de/help/17288/windows-internet-explorer-11-use-do-not-track

Safari:

https://support.apple.com/kb/PH21416?locale=de_DE

Opera:

http://help.opera.com/Windows/12.10/de/notrack.html

Additionally, you can prevent the loading of so-called scripts by default. “NoScript” allows JavaScripts, Java and other plug-ins to be executed only on trusted domains of your choice. Information and instructions on how to edit this function can be obtained from your browser provider (e.g. for Mozilla Firefox at: https://addons.mozilla.org/de/firefox/addon/noscript/).

Please note that if you disable cookies, the functionality of our website may be limited.

7. Google Web Fonts

This site uses so-called web fonts, which are provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as: “Google”), for the uniform display of fonts. Google Web Fonts allows us to use external fonts, known as Google Fonts. When you access our website, the required Google font is loaded into your browser cache by your web browser in order to display text and fonts correctly. Only in this way can your browser also display an optically improved representation of our texts. If your browser does not support this function, a standard font from your computer is used for display. The integration of these web fonts is done by a server call, usually from Google in the USA. In doing so, the server is informed which page of our website you have visited. The IP address of the visitor is also stored by Google.

We use Google Web Fonts for optimization purposes, in particular to improve the use of our website for you and make it more user-friendly. This is also in our legitimate interest according to Art. 6 para. 1 lit. f DSGVO.

Google is certified with the Privacy-Shield-Agreement, which was concluded between the European Union and the USA. Under this agreement, Google undertakes to comply with the standards and regulations of European data protection law. You can find more detailed information in the following linked entry: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

You can find further information on data protection in Google’s privacy policy: http://www.google.de/intl/de/policies/privacy

Further information on Google Web Fonts can be found at http://www.google.com/webfonts/, https://developers.google.com/fonts/faq?hl=de-DE&csw=1 and https://www.google.com/fonts#AboutPlace:about.

8. Google Analytics

Our website uses Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as: “Google”). Google Analytics uses so-called cookies. These are text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. We only use Google Analytics with activated IP anonymisation. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area, which means that a personal reference can be excluded. Google is based in the USA and is certified for the US-European data protection agreement “Privacy Shield”, which guarantees compliance with the level of data protection applicable in the EU.

Insofar as you have given your consent to this in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO, the processing on this website is for the purpose of website analysis.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data unless otherwise specified. The terms of use of Google Analytics and information on data protection can be accessed via the following links: http://www.google.com/analytics/terms/de.htm and https://www.google.de/intl/de/policies/.

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 this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the URL https://tools.google.com/dlpage/gaoptout?hl=de.

You can set a so-called opt-out cookie to prevent the collection by Google Analytics – deactivation of Google Analytics.

Information on how Google Analytics handles user data can be found in the Google privacy policy: https://support.google.com/analytics/answer/6004245?hl=de

9. Google Analytics Remarketing

Our website uses the functions of Google Analytics Remarketing in conjunction with the cross-device functions of Google AdWords and Google DoubleClick. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as: “Google”).

This function enables the advertising target groups created with Google Analytics Remarketing to be linked to the cross-device functions of Google AdWords and Google DoubleClick. In this way, interest-based, personalised advertising messages that have been adapted to you on one device (e.g. mobile phone) depending on your previous usage and surfing behaviour can also be displayed on another of your devices (e.g. tablet or PC).

Google will link your web and app browsing history to your Google Account for this purpose if you have given us permission. In this way, the same personalized advertising messages can be displayed on any device you sign in to with your Google Account.

To support this feature, Google Analytics collects Google-authenticated user IDs that are temporarily linked to our Google Analytics data to help us define and create audiences for cross-device advertising.

You can opt-out of cross-device remarketing/targeting permanently by turning off personalized advertising in your Google Account, following this link:https://www.google.com/settings/ads/onweb/

The aggregation of the data collected in your Google Account is based solely on your consent, which you can give and withdraw to Google (Art. 6 para. 1 lit. a DSGVO). For data collection operations that are not merged into your Google Account (e.g. because you do not have a Google Account or have objected to the merging), the collection of data is based on article 6, paragraph 1, letter f of the DPA. The legitimate interest arises from the fact that the website operator has an interest in the anonymised analysis of website visitors for advertising purposes. Further information and the data protection regulations can be found in the Google data protection declaration at https://www.google.com/policies/technologies/ads/

10. Google Ads and Google Conversion Tracking

Our website uses the program Google Ads. Ads is an online advertising tool of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter referred to as: “Google”).

We use the Google Ads program to draw attention to our attractive offers by means of advertising material (so-called Google Adwords) on external websites. In relation to the data of the advertising campaigns, we can determine how successful the individual advertising measures are. In this way, we pursue the interest in showing you advertisements that could be of interest to you, making our website more interesting for you and achieving a fair calculation of advertising costs.

In the context of Google Ads we use the so-called conversion tracking. When you click on an ad placed by Google, a cookie is set for conversion tracking. Cookies are small text files that the internet browser stores on the user’s computer. These cookies expire after 30 days and are not used to personally identify users. If the user visits certain pages of this website and the cookie has not expired, Google and we may recognize that the user clicked on the ad and was redirected to that page.

Each Google Ads customer receives a different cookie. As a result, cookies cannot be tracked across the websites of ads customers. The information collected using the conversion cookie is used to compile conversion statistics for ad customers who have opted in to conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. If you don’t want to participate in tracking, you can block this usage by disabling the Google conversion tracking cookie on your web browser under User Preferences. You will not be included in the conversion tracking statistics.

The storage of “conversion cookies” is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the analysis of user behaviour in order to optimise both his website and his advertising.

Google LLC, with its registered office in the USA, is certified for the us European data protection agreement “Privacy Shield”, which guarantees compliance with the data protection level applicable in the EU.

You can obtain further information about Google’s data protection regulations at the following Internet address: http://www.google.de/policies/privacy/

You can permanently deactivate cookies for ad preferences by making the appropriate setting in your browser software to prevent them or by downloading and installing the browser plug-in available under the following link: http://www.google.com/settings/ads/plugin?hl=de/

Please note that certain functions of this website may not be able to be used, or only to a limited extent, if you have deactivated the use of cookies.

11. Data transfer and recipient

Your personal data will not be transferred to third parties, except for

if we have explicitly pointed this out in the description of the respective data processing
if you have given your express consent in accordance with Art. 6 para. 1 sentence 1 lit. a DSGVO
the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO is necessary for the assertion, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data
in the event that there is a legal obligation to pass on the data in accordance with Art. 6 para. 1 sentence 1 lit. c DSGVO and
insofar as this is necessary for the processing of contractual relationships with you in accordance with Art. 6 para. 1 sentence 1 lit. b DSGVO.

In addition, we use external service providers for the processing of our services, which we have carefully selected and commissioned in writing. They are bound by our instructions and are regularly checked by us. We have concluded contract processing agreements with these service providers where necessary in accordance with Art. 28 DSGVO. These are in particular service providers for web hosting, the sending of e-mails and the maintenance and servicing of our IT systems. The service providers commissioned by us will not pass on personal data to third parties.

12. Data Security

In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk. This website uses SSL encryption for security reasons and to protect the transmission of confidential content.

13. Duration of the storage of personal data

The duration of the storage of personal data is determined by the relevant legal retention periods (e.g. from commercial and tax law). After expiry of the respective period, the corresponding data is routinely deleted. If data is required for the performance of a contract or the initiation of a contract, or if we have a legitimate interest in the further storage of the data, the data will be deleted if it is no longer required for these purposes or if you exercise your right of revocation or objection.

14. No obligation to provide personal data

For the use of our website the provision of personal data is not required by law or contract. However, it is necessary to process personal data in order to conclude a contract. Which data is necessary for processing in each individual case depends on the respective subject of the contract. In any case, we will inform you again in text form before the conclusion of a contract by means of our data protection information.

15. No automated decision making

We do not use automated decision making and profiling in accordance with Art. 22 para. 1 and 4 DSGVO.

16. Your rights

In the following, you will find information on the rights of data subjects that the applicable data protection law grants you vis-à-vis the data controller with regard to the processing of your personal data:

You have the right to request information about your personal data processed by us pursuant to Art. 15 DSGVO. In particular, you may request information on the purposes of the processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of rectification, erasure, restriction of processing or opposition, the existence of a right of appeal, the origin of your data, if not collected by us, as well as the existence of automated decision making including profiling and, where applicable, meaningful information on the details thereof.

In accordance with Art. 16 DSGVO, you have the right to demand the correction of incorrect or incomplete personal data stored by us without delay.

In accordance with Art. 17 DSGVO, you have the right to demand the deletion of your personal data stored with us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.

You have the right to demand, in accordance with Art. 18 DSGVO, the restriction of the processing of your personal data, if the accuracy of the data is disputed by you, if the processing is unlawful, but you refuse to delete it and we no longer require the data, but you require it for the assertion, exercise or defence of legal claims or if you have lodged an objection to the processing in accordance with Art. 21 DSGVO

In accordance with Art. 20 DSGVO, you have the right to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party.

In accordance with Art. 77 DSGVO, you have the right to complain to a supervisory authority. As a rule, you can contact the supervisory authority of the federal state of our registered office as stated above or that of your usual place of residence or workplace for this purpose.

You have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO. You may revoke any consent to the processing of data once granted at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately, unless further processing cannot be based on a legal basis for processing without consent. Revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until revocation.

Right of objection

If your personal data is processed by us on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that this is done for reasons arising from your particular situation. Insofar as the objection is directed against the processing of personal data for the purpose of direct advertising, you have a general right of objection without the need to specify a special situation.

If you wish to exercise your right of withdrawal or objection, simply send an e-mail to contact@smague.com.

17. External links

The social networks LinkedIn and Xing are only included on our website as links to the corresponding services. After clicking on the integrated text/image link, you will be redirected to the page of the respective provider. Only after this redirection will user information be transferred to the respective provider. For information on how your personal data is handled when using these websites, please refer to the respective data protection regulations of the provider you are using.

18. Subject to alterations

We reserve the right to adapt or update this data protection declaration if necessary in accordance with the applicable data protection regulations. In this way, we can adapt this data protection notice to current legal requirements and take into account changes in our services, e.g. when introducing new services.

The most current version applies to your visit.

Status of this data protection declaration: January 2020