We believe in the primacy of privacy when processing and using personal data. That's why we focus so intently on will only be processed and used to the extent permitted by data protection laws and regulations. We have taken state-of-the-art to protect your data from tampering and unauthorized access.

To access the Profil M Academy, you will have to enter your registered email address and the password that you yourself have selected for the Academy.

We will save your email address and your first and last name when we create your user account. We will only save additional data if you have shared it with us for the purpose of using the Profil M Academy and while actually using the Academy.

If you contact us by email or via the contact form, your information will be stored for the purpose of processing your inquiry and handling any follow-up questions that may arise. Please note that any data provided through these avenues will be transmitted without encryption, so no confidential information should be provided through the contact form.

Log files that record system accesses are stored on webservers located in Germany. Data processing on our website includes the automatic storage of information transmitted through the browser. This includes: browser type/version, operating system, referrer URL (last webpage visited), IP address of the accessing computer, the time of the server query, the status of the page visit and the volume of data transferred. The IP address is anonymized before being saved. The data is used solely for statistical purposes and is deleted after being statistically analyzed.

References and links to other websites outside the Profil M Academy internet presence will not be used.

1. Definitions

Profil M’s Privacy Policy is based on definitions used by the European legislature enacting the General Data of the European Union. Our Privacy Policy is intended to be easy to read and understand for the general public as well as for our customers and business partners. To ensure that this is the case we would like to start by explaining the terms used.

The terms we are using in this Privacy Policy include the following:

1. personal data

   Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or by one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2. data subject

   Data subject means any identified or identifiable natural person whose personal data are processed by the data controller.

3. processing

   Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

4. restriction of processing

   Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

5. profiling

   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.

6. pseudonymization

   Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

7. controller or data controller

   Controller or data controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

8. processor

   Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

9. recipient

   Recipient means a natural or legal person, public authority, agency or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients.

10. third party

    Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

11. consent

    Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

The following company is the controller within the meaning of the GDPR, of other data protection laws applicable in the Member States of the European Union and of other provisions of a privacy related nature:

Profil M Beratung für Human Resources Management GmbH und Co. KG
Berliner Strasse 131
42929 Wermelskirchen, Germany
Telephone: +49 2196 7068 - 0
E-mail: info@Profil-M.de
Web: www.Profil-M.de

3. Name and address of the data protection officer

The controller’s data protection officer is:

Mr. Niels Kill
c/o Althammer & Kill GmbH & Co. KG
Neuer Zollhof 3
40221 Düsseldorf, Germany
Telephone: +49 211 936748-90
E-mail: datenschutz@profil-m.de
Web: www.althammer-kill.de

Any data subject who has any questions or would like to make suggestions may directly contact our data protection officer.

4. Cookies

Profil M uses cookies on its websites. Cookies are text files which are set and stored on a computer system by a web browser.

A large number of websites and servers use cookies. Many cookies contain a so-called cookie ID. The cookie ID is the cookie’s unique identifier. It consists of a string of characters by which websites and servers can be assigned to the specific web browser where the cookie has been stored. This enables the visited websites and servers to distinguish between the individual browser of that data subject and other web browsers which contain other cookies. The unique cookie ID makes it possible to recognize and identify a specific web browser.

Using cookies enables Profil M to provide the users of this website with more user-friendly services, which could not be provided without setting such cookies.

A cookie helps us optimize the information and offers presented on our website, providing you with an improved user experience. As mentioned before, cookies allow us to recognize the users of our website. The purpose of such recognition is to make using our website easier and more convenient for its visitors. For instance, if users visit a website which uses cookies, they do not need to re-enter the access data every time they go to that website because that information has been transferred to the website and the cookie stored on the user’s computer system. Another example is the cookie of an online shop’s shopping cart. Using a cookie, the online shop remembers the product placed in the virtual shopping cart by a customer.

The data subject may, at any time, prevent cookies from being set by our website through a corresponding setting on the web browser he or she uses and may thus permanently object to cookies being set. In addition, cookies already set on a user’s system may be deleted at any time through a web browser or another software program. This can be done on all common web browsers. If the data subject disables the setting of cookies on the web browser he or she uses, not all features of our website may be fully usable.

5. Routine erasure and blocking of personal data

The data controller will process and store personal data of the data subject only for the period that is necessary in order to achieve the objective for which such data are stored or insofar as this is provided for in laws and regulations set out by the European legislature or another legislature which are applicable to the data controller.

If the reason for storing the personal data no longer exists or if a retention period stipulated by the European legislature or another competent legislature expires, the personal data will be routinely blocked or erased in accordance with the statutory regulations.

6. Rights of the data subject

1. Right of confirmation

   Every data subject has the right granted by the European legislature to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact a member of staff at the data controller at any time.

2. Right of access

   Every data subject affected by the processing of personal data has the right granted by the European legislature to obtain from the controller, at any time and free of charge, access to any stored personal data concerning him or her and to be provided with a copy thereof. Furthermore, the European legislature has granted the data subject the right to be provided with the following the information:

   • the purposes of the processing;
   • the categories of personal data being processed;
   • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or at international organizations;
   • where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period;
   • the existence of a right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or of a right to object to such processing;
   • the existence of a right to file a complaint with a supervisory authority;
   • where the personal data are not collected from the data subject: any available information as to the source of that data;
   • the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) GDPR and — at least in those cases — meaningful information on the logic involved and the significance and the envisaged consequences of such processing for the data subject.

   In addition, the data subject has the right to be informed about whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to such transfer.

   If a data subject wishes to exercise this right of access, he or she may contact a member of staff at the data controller at any time.

3. Right to rectification:

   Every data subject affected by the processing of personal data has the right granted by the European legislature to obtain from the controller the erasure of personal data concerning him or her without undue delay, provided that one of the following grounds apply and where the processing is not required

   If a data subject wishes to exercise this right of rectification, he or she may contact a member of staff at the data controller at any time.

4. Right to erasure (right to be forgotten)

   Every data subject affected by the processing of personal data has the right under European laws and regulations to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and the processing is not required:

   • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
   • The data subject withdraws consent on which the processing is based pursuant to point (a) of Article 6(1) or point (a) Article 9(2) GDPR, and where there is no other legal ground for the processing.
   • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
   • The personal data have been unlawfully processed.
   • The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
   • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

   Where one of the aforementioned grounds applies and the data subject wishes to have his or her personal data stored at Profil M erased, he or she may contact a member of staff at Profil M at any time. Our member of staff will then arrange for the requested erasure to be carried out without delay.

   Where Profil M has made the personal data public and where our company, as the data controller, is obliged to erase the personal data pursuant to Article 17(1) GDPR, Profil M, taking into account the technology available and the implementation costs, will take reasonable steps, including technical measures, to inform other controllers which are processing the personal data made public that the data subject has requested the erasure by such other controllers of any links to, or copies or replications of, those personal data to the extent that the processing is not necessary. The member of staff at Profil M will take the necessary steps on a case by case basis.

   Every data subject affected by the processing of personal data has the right granted by the European legislature to obtain from the controller the restriction of processing provided that one of the following applies

5. Right to restriction of processing

   Every data subject affected by the processing of personal data has the right under European laws and regulations to obtain from the controller restriction of processing where one of the following applies:

   • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
   • The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
   • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
   • The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

   Where one of the above applies and the data subject wishes to have his or her personal data stored at Profil M restricted, he or she may contact a member of our staff at any time. Our member of staff will arrange for the processing to be restricted.

6. Right to data portability

   Every data subject affected by the processing of personal data has the right granted by the European legislature to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. The data subject has also the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9 (2) GDPR or on a contract pursuant to point (b) of Article 6(1) GDPR and where the processing is carried out by automated means unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

   In exercising his or her right to data portability pursuant to Article 20(1) GDPR the data subject also has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.

   To exercise the right to data portability the data subject may contact a member of our staff at any time.

7. Right to objection

   Every data subject affected by the processing of personal data has the right granted by the European legislature to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) or GDPR. This applies also to profiling based on those provisions

   If the data subject objects, Profil M will no longer process the personal data unless we are able to demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the processing is carried out in order to establish, exercise or defend legal claims.

   Where Profil M processes personal data for direct marketing purposes, the data subject will have the right to object at any time to processing of personal data concerning him or her for such marketing. That also includes profiling to the extent that it is related to such direct marketing. Where the data subject objects vis-à-vis Profil M to processing for direct marketing purposes, Profil M will stop processing the personal data for such purposes.

   The data subject also has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out by Profil M for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.

   To exercise the right to object, the data subject may directly contact any member of staff at Profil M. In the context of the use of information society services and notwithstanding Directive 2002/58/EC, the data subject is also entitled to exercise his or her right to object by automated means using technical specifications.

8. Automated individual decision-making, including profiling

   Every data subject affected by the processing of personal data has the right granted by the European legislature not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision

   1. is necessary for entering into, or performance of, a contract between the data subject and a data controller; or
   2. is authorized by Union or Member State 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 based on the data subject's explicit consent.

   If the decision

   1. is necessary for entering into, or performance of, a contract between the data subject and a data controller; or
   2. is made with the explicit consent of the data subject, Profil M will take suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

   If a data subject wishes to exercise this right related to automated decision-making, he or she may contact a member of staff at the data controller at any time.

   Every data subject affected by the processing of personal data has the right granted by the European legislature to withdraw his or her consent to the processing of personal data at any time.

   If the data subject wishes to exercise the right to withdraw his or her consent, he or she may contact a member of staff at the data controller at any time.

9. Right to revoke a data protection consent

   Any person affected by the processing of personal data has the right, granted by the European directive and regulatory authority, to revoke consent to the processing of personal data at any time.

   If the data subject wishes to assert their right to withdraw consent, they may, at any time, contact an employee of the controller.

7. Legal basis of processing

Our company uses point (a) of Article 6(1) GDPR as the legal basis for processing operations for which we request the data subject’s consent. 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 with processing operations that are necessary in order to deliver goods or provide another service or a service in return, then the processing of the data will be based on point (b) of Article 6(1) GDPR. The same applies to those processing operations which are necessary in order to take steps prior to entering into a contract, for example in cases of inquiries by data subjects regarding our products or services. If the processing is necessary for compliance with a legal obligation to which our company is subject, for example compliance with fiscal obligations, then the processing will be based on point (c) of Article 6(1) GDPR. In rare cases, the processing of personal data may become necessary in order to protect vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor was injured on our company premises and we would have to pass on his or her name, age, details of his or her health insurance or any other vital information to a medical doctor, a hospital or another third party. Such data processing would be covered by point (d) of Article 6(1) GDPR. Finally, some data processing operations may fall under point (f) of Article 6(1) GDPR. This legal basis would cover processing operations which are not covered by any of the aforementioned legal bases if the 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. We are permitted to carry out such processing operations in particular because they have been specifically referred to by the European legislature. Insofar it has been considered by the European legislature that a legitimate interest could be assumed to exist where the data subject is a client of the data controller (second sentence of recital 47 GDPR).

8. Legitimate interests in the processing pursued by the data controller or a third party

Where point (f) of Article 6(1) GDPR provides the basis for the processing, our legitimate interest is the performance of our business activities to the benefit of the well-being of all our staff and our shareholders.

9. Period for which the personal data will be stored

The criterion determining the period for which personal data are stored is the relevant statutory retention period. At the end of that period, the corresponding data will be routinely erased provided they are no longer needed for the performance of a contract or in order to take steps prior to entering into a contract.

10. Statutory or contractual provisions regarding the provision of personal data; requirement for entering into a contract; obligation of the data subject to provide the personal data; potential consequences of failure to provide personal data

We are making you aware of the fact that providing personal data is to some extent a statutory requirement (e.g. tax rules) or may be required as a result of contractual provisions (e.g. details on the contracting party). To enter into a contract, it may be necessary from time to time that a data subject provides us with personal data which will then have to be processed by us. For instance, the data subject will be obliged to provide us with personal data if our company enters into a contract with him or her. The consequence of a failure to provide the personal data may then be that the contract cannot be concluded with the data subject. Before providing any personal data, data subjects must contact one of our members of staff. Our member of staff will explain to the data subjects on a case by case basis whether they are legally or contractually required to provide the personal data or whether the personal data are required to enter into a contract or whether they are under an obligation to provide the personal data; the member of staff will also explain the consequences that could arise from a failure to provide the personal data.

11. Existence of an automated decision-making

Profil M is a responsible company and as such we forgo any automated decision-making or profiling.

 

© 2019, Profil M