Data Privacy Policy

as of: June 2020

1. GENERAL INFORMATION

The 3rd Mind Business Consulting GmbH, Langer Weg 60, 65760 Eschborn (following: "3rd Mind") as responsible "Controller" under Art. 4 No. 7 GDPR (EU General Data Protection Regulation) is pleased about your visit to our website and your interest in our company and our advisory services. The protection of your personal data (following: "data") during your entire usage is a profession for us and a matter of course.
In principle, the usage of our website is possible without providing personal information. Below we explain, if and what information we collect on our web pages during your visit and how they are used.

2. IDENTITY OF THE CONTROLLER

The responsible Controller for the data processing within the meaning of Art. 4 No. 7 GDPR is
3rd Mind Business Consulting GmbH
Langer Weg 60
65760 Eschborn
Represented by the Managing Director Frank Giebel, available at Tel .: 06173 322 527, Fax: 06173 322 528, E-Mail: info@3rd-mind.de.

3. DATA PROTECTION OFFICER

Due to the size and the business field, 3rd Mind is not subject to any order obligations under Art. 37 et seq. GDPR, para 38 BDSG (German Federal Data Protection Act). For any questions concerning the protection of your data, please contact the management directly (Para. 2).

4. PERSONAL DATA (definition)

Personal data means any information relating to an identified or identifiable natural person (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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. A personal data is therefore basically a direct or indirect information that leads to your identity. This includes, for example, information such as name, address, telephone number, e-mail address, account information, credit / debit card data, fingerprints, photos, etc.

5. PROCESSING PURPOSES AND LEGAL BASES

If you provide us with your data, the use by us is regularly based on the contract or pre-contractual negotiations concluded with you on the basis of Art. 6 (1) lit. b GDPR or on your voluntary consent in accordance with Art. 6 (1) lit. a GDPR, for example to process your inquiries, use of our web forms or similar.

Contact form
If we use a contact form, your consent to the transmission and processing of the information given therein is required. The consent text is available directly below the respective form. Your request will then be sent encrypted to our systems and earmarked for execution of a contract or request for information until the completion of the process and / or for the duration of the business relationship. A longer retention takes place only, if a legal retention obligation exists (eg due to tax law records). Your data entered there is regular:
  • you First and Last Name (for identification and salutation)
  • Your E-mail address (for electronic contact / answer to your inquiries)
  • Your inquiry even (free text)
The special processing purposes, possibilities of Revocation / Opposition as well as other (possibly also participation) conditions will be further specified in the texts under the respective forms. Please note these instructions prior to submitting your data from the respective forms.

Automatically collected data when visiting our websites
In log files ("server log files"), via search engines and / or forms, when using our web pages, data are automatically collected that your web browser / provider automatically transmits to our provider. When you visit our websites, our web servers temporarily save by default
  • the websites you visit with us, as well as the date, time and duration of the visit
  • the type of browser you are using, its version and the operating system you are using
  • the possibly used search engine
  • the names of any downloaded files
  • the (anonymized) IP address at the time of access
  • the type of device used
  • the website from which you visit us ("referrer URL").
If we evaluate these technical data, this happens anonymously and to safeguard our legitimate interest acc. Art. 6 (1) lit. f GDPR. These legitimate interests follows the purposes of ensuring a smooth connection of the website, to ensure the comfortable use of our website, to evaluate and improve the system security and stability and for other administrative purposes. There is no merge of this data with other data sources. However, we reserve the right to check this data retrospectively, if we become aware of any concrete indications of unlawful use.

E-mail Newsletter
If we offer a newsletter service on our website and you register for it, you will need your e-mail address for delivery. You can provide further information on a voluntary basis. By submitting your data entered in the newsletter registration form, you agree that we may process them solely for the purpose of sending our newsletter to your e-mail address and documentation of your consent. A transfer to third parties does not take place. The processing is based on Art. 6 (1) lit. a GDPR. You will first receive an automated e-mail containing a link that you would like to click to receive the newsletter. This prevents misuse of your e-mail address and can ensure that you have actually made this registration yourself. Without the full implementation of this so-called "double opt-in procedure", we will not send any newsletters to you.
You can give your consent at any time withdraw either via the unsubscribe link in the newsletter itself or through informal explanation to us by e-mail to the under para. 1 listed e-mail addresses.

Other purposes
Also, data processing based on Art. 6 (1) lit. f GDPR to the extent that our legitimate interest or that of a third party to establish, assert or defend against legal claims in conjunction with the above-mentioned procedures.

6. RECEIVER CATEGORIES / 3rd COUNTRY TRANSFER

There is no known transfer of your data to so-called "third countries" (states outside the EU / EEA without appropriate Data Privacy Niveau). We only use data centers in Germany or in the EU, if we can control this.
We don't transfer or sale your personal data to third parties, unless this is necessary for the purposes mentioned in para. 5 and allowed by legal or if you gave your consent to.
Incidentally, personal data are processed on our behalf on the basis of contracts pursuant to Art. 28 GDPR (order data processing), for example for external services for the operation of our IT infrastructure.
In addition, processing of personal data as well as their transmission to state institutions and authorities entitled to receive information only takes place within the framework of the relevant laws or if we were obliged to do so by a court order (refer to Article 6 (1) lit. c GDPR).

7. AUTOMATED DECISION-MAKING

Automated decision making / profiling or scoring acc. Art. 22 GDPR does not take place.

8. CRITERIA for RETENTION and DELETION

The retention period of your personal data depends on the processing purposes (see para. 5) or the legal retention / limitation and deletion periods. They are regularly stored with us for the duration of the business relationship. A longer (access-protected) retention takes place only in accordance with the relevant statutory retention requirements (eg for billing and tax purposes) or for the exercise / defense of legal claims.
Insofar as your data is no longer required for the above mentioned purposes, including statutory retention requirements, these will be deleted within the statutory periods. Please note that with every deletion the data are initially only blocked and finally deleted with a time delay in order to prevent accidental deletions or possibly intentional damage. For technical reasons, data may be duplicated in backup files and mirrors. Such copies are also possibly deleted only with a technically caused temporal offset.

9. COOKIES

We and our partners may use cookies to provide appropriate services. A "cookie" is a small data packet in terms of a text file, which will be transferred to your device and saved from your Browser onto your device when visiting a website. Usually cookies are not able to harm your device nor they contains malware or personal data. They will be used in general for example for an easier navigation between different pages, the recognition or storing your preferences, say, usually for an optimisation of our website and services for your individual browser-experience.This website uses the following types of cookies if you gave your consent (pls. refer to the so called "Cookie-Banner" at the Top of the Site during your first visit):
  • "Session cookies" which ensure normal system usage. Session cookies are usually stored for a limited time during a session (visit) and are deleted from your device when you close your browser automically.
  • may "Persistent cookies"which are only read from the website and not deleted when closing the browser window, but are stored on your computer for a certain period of time. This type of cookie allows us to identify you on your next visit and, for example, save your settings.
  • may "Third-party Cookies" which are set by other online services that are represented with their own content on the page you are visiting. For example, external web analytics companies that collect and analyze access to our website.
The tool we use for a statistic analysis based on the technology of Snowplow Analytics, which are used from our webhosting-vendor ans service-provider only for optimisation of the own services. Parts of the collected data during the visit of our website are for example, the frequency of visits or which sides are used etc. During that no personal data are affected.

Only a few cookies are needed to provide special services in terms of electronic communication processes or for dedicate, from yourself wished functions (for example: shopping cart or similar). These cookies are used based on Art. 6 (1) lit. f GDPR (legitimate interests). These kind of interests follows therefore a technical save and sound functionality and an optimised provision of our services for you. So far other cookies would be used (i.e. for web-analysis), they will mentioned separately in this declaration (see below). 

De-Activation / "Withdrawal of Consent": You can adjust your browser-settings to
  • inform you in general if cookies are stored,
  • to allow cookies in a selective way,
  • to avoid cookies in a selective or a general way as well as
  • automatically deletion of any cookies by closing your browser
Therefore please follow the instructions in the manual of your browser. 

You can also use site-specific cookie-settings in our "Cookie-Consent-Box" which appears on your screen by your first visit at the bottom of our website, after your decision / consent at the lower left hand side (gear-wheel symbol). Please note that disabling cookies may potentially restrict certain features when using our website.

10. USE OF SCRIPT LIBRARIES (here: Google Web Fonts)

To make our content appear correctly and graphically appealing in every browser, we use script and font libraries such as Google Web Fonts (https://www.google.com/webfonts). Google Web fonts are transferred to your browser's cache, so they only need to be loaded once. If your browser does not support or deny Google Web Fonts, the content will be displayed in a standard font.
When calling script or font libraries, we automatically connect to the owner of the library. There is theoretically the possibility for this operator to collect data. At present it is not known whether and for what purpose the operators of the respective libraries actually collect data.
Here are the privacy policies of the Google Library operator: https://www.google.com/policies/privacy,

11. CHILDREN AND TEENAGERS

Persons under the age of 18 should in principle transmit their personal data on the Internet only with the consent of their parents or legal guardians. We neither request nor collect personal data from children or adolescents, and certainly do not pass it on to third parties.

12. TECHNICAL DATA PROTECTION

We have taken technical and organizational measures to protect your personal data from loss, destruction, manipulation and unauthorized access, and in particular to maintain confidentiality, availability and (data) integrity, for example by storing in data centers only in Germany or the EU. All employees and all persons involved in data processing (including those commissioned by service providers) have been obliged by us to maintain confidentiality, to comply with data protection regulations and to handle personal data with care.
To protect the security of transmission, we encrypt your data using Secure Socket Layer (SSL) where possible to prevent misuse by third parties.
Our hedging measures are continuously adjusted in line with technological developments.
Please note that if you contact us via standard e-mail, the confidentiality of the transmitted information can not be guaranteed, this is due to the (technical) nature of the e-mail transmission. Therefore, we recommend that you always send us confidential information by post or at least with an encrypted file attachment.

13. YOUR RIGHTS AS A PERSON CONCERNED

As an affected or authorized person you have the opportunity to assert the following rights in writing, by fax or by e-mail, provided that no contractual or statutory provisions preclude this or processing for other reasons is required. Please use the contact options above in para 1 (Controller).
  • Right to information:You can always get information about your stored personal data. Please provide information requests only in writing (e-mail, letter, fax). Please understand that we do not provide any information by telephone due to data protection reasons and lack of qualified identification.
  • Right to rectification: If we process personal information from you directly and you discover any incorrect information or need for updating, you are welcome to tell us for correction purposes. In the case of significant changes, please enclose correspondingly verifiable proof of your application (eg name changes by marriage, etc.).
  • Right to delete:You have the right to request the deletion of your personal data from us at any time. Please note that we are legally required to hold certain data in accordance with the statutory retention requirements. We will inform you of these data categories.
  • Right to restriction:You can request at any time to restrict your personal data in the processing.
  • Right to data portability (Data export):As you do not usually provide us with any personal data when visiting our websites, we can not offer you a classic data export function in general. In any case, we will review your request in accordance with legal requirements and technical feasibility and will contact you as soon as possible.
  • RIGHT OF OPPOSITION / REVOCATION:You may be the processing of your personal information by us at any time contradictor a given consent with effect for the future withdraw.
  • Right to complain to the supervisory authorities:You have the right to lodge a complaint with your competent national data protection supervisory authority if you believe that our processing of your personal data violates the General Data Protection Regulation. The address can be found on the website of the Federal Commissioner for Data Protection and Freedom of Information in Berlin.

14. LINKS TO OTHER WEBSITES

If you use links to external websites that are offered in our applications, this extends our privacy policy not on these external websites. At the time of linking, we have been able to verify the regularity of the linked website(s) in terms of content and security, and review this on regular base. However, we have no influence on the further compliance with data protection and security regulations of other providers or content changes. Links to external websites displayed on our websites may collect user data if you click on them or otherwise follow their instructions. We have no control over the data that is voluntarily or involuntarily collected through advertisements or third party websites. Therefore, please inform yourself on the websites of the other providers also about the data protection statements provided there for your safety. If you are aware of an "unsafe" link from our applications, please contact us immediately so that we can investigate. Thank you.

15. CHANGES TO OUR PRIVACY POLICY

As far as necessary due to the legal or threat situation as well as the technical development, 3rd Mind reserves the right to change the security and data protection measures accordingly. In these cases, this privacy policy is also adapted and unfolded when using our website binding effect. Please note the current version at the beginning this explanation.

16. RESPONSIBLE DATA PROTECTION SUPERVISORY AUTHORITY

The following supervisory authority is responsible for 3rd Mind:
The Hessian Commissioner for Data Protection and Freedom of Information (HBDI)
PO Box 3163, 65021 Wiesbaden

17. FURTHER INFORMATION

If you would like further information on the protection of your personal information that does not exist or can not be provided by you in this explanation, or if you need further information for a specific reason, please feel free to contact the management directly (see para. 2).
3rd Mind Business Consulting - lived privacy
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