PRIVACY NOTICE IN ACCORDANCE WITH ARTICLE 13 GDPR

Name and address of the data controller

The responsible body within the meaning of the General Data Protection Regulation (GDPR) and other data protection regulations is:

Blue Cap AG
Ludwigstraße 11
80539 München

Telefon: +49 (0) 89 288 909-0
E-Mail: office@blue-cap.de

Name and address of the data protection officer

The data protection officer of the data controller is:

3 P Datenschutz GmbH
Stefan Leißl
Sanderstraße 47
86161 Augsburg
Telefon: 0821 6508 8582
E-Mail: leissl@3-p-datenschutz.de

General information on data processing

Legal basis for processing personal data

In accordance with Article 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not specified in the privacy notice, the following applies: the legal basis for obtaining consent is Article 6(1)(a) in conjunction with Article 7 GDPR. The legal basis for processing in order to provide our services and fulfil contractual measures, as well as answering inquiries, is Article 6(1)(b) GDPR. The legal basis for processing in order to fulfil our legal obligations is Article 6(1)(c) GDPR. If the processing of your data is necessary to safeguard the legitimate interests of our company or a third party and if your interests, fundamental rights and fundamental freedoms as the data subject do not outweigh the first interest, Article 6(1)(f) GDPR serves as the legal basis for the processing. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.

Data deletion and storage period

We adhere to the principles of data minimization in accordance with Article 5(1)(c) GDPR and storage limitation according to Article 5(1)
(e) GDPR. We only store your personal data for as long as is necessary to achieve the purposes stated here, or as stipulated by the retention periods provided for by law. After the respective purpose no longer applies or after these retention periods have expired, the corresponding data will be deleted as quickly as possible.

Note on data transfer to third countries

We also use tools from companies based in third countries (including the USA) on our website. If these tools are active, your personal data may be transmitted to the servers of the respective companies. The level of data protection in third countries does not usually correspond to EU data protection legislation. This means that there is a risk that your data will be passed on to authorities in these countries. We have no influence on these processing activities.

External links

This website may contain links to third-party websites or to other websites under our responsibility. If you follow a link to any of the websites outside our control, please note that these websites have their own privacy notices. We do not assume any responsibility or liability for these external websites and their privacy notices. Before using these websites, please check whether you agree with their privacy policies.

You can recognise external links either by the fact that they are displayed in a colour which is slightly different from the rest of the text or that they are underlined. Your cursor will show you external links when you move it over such a link. Only when you click on an external link will your personal data be transferred to the destination of the link. The operator of the other website will then receive your IP address, the time at which you clicked on the link, the website you were on when you clicked on the link, and other information that you can find in the respective provider’s privacy notice.

Please also note that individual links may result in data transfer outside the European Economic Area. This could give foreign authorities access to your data. You may not be entitled to any legal recourse against such data access. If you do not want your personal data to be transferred to the link destination or potentially even accessed by foreign authorities against your will, please do not click on any links.

Rights of data subjects

As a data subject within the meaning of the GDPR, you have the option to assert various rights. The data subject rights arising from the GDPR are the right to information (Article 15), the right to rectification (Article 16), the right to deletion (Article 17), the right to restriction of processing (Article 18), the right to object (Article 21), the right to lodge a complaint with a supervisory authority and the right to data portability (Article 20).

Right of revocation:
Some data processing can only take place with your express consent. You have the option to revoke your consent at any time. However, the lawfulness of the data processing up to the point of revocation is not affected by this.

Right of objection:
If the processing is based on Article 6(1)(e) or (f) GDPR, you as the data subject can object to the processing of your personal data at any time for reasons arising from your particular situation. You are also entitled to this right in the case of profiling based on these provisions within the meaning of Article 4(4) GDPR. Unless we can prove a legitimate interest for the processing which overrides your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims, we will refrain from processing your data after the objection has been made.

If the processing of personal data serves the purpose of direct marketing, you also have the right to object at any time. The same applies to profiling associated with direct marketing. Here, too, we will no longer process personal data as soon as you raise an objection.

Right to lodge a complaint with a supervisory authority:
If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, without prejudice to any other administrative or judicial remedy, your place of work or the location of the alleged violation.

Right to data portability:
If your data is processed automatically based on consent or fulfilment of a contract, you have the right to receive this data in a structured, common and machine-readable format. You also have the right to request that the data be transferred and made available to another data controller, insofar as this is technically feasible.

Right of access, rectification and erasure:
You have the right to obtain information about the processing of your personal data with regard to the purpose, categories and recipients of the data processing, as well as the duration of storage. If you have any questions on this topic or on other topics regarding personal data, you can of course contact us using the contact options provided in the legal notice.

Right to restriction of processing:
You may assert your right to the restriction of processing of your personal data at any time. To do this, you must meet one of the following requirements:

_You contest the accuracy of the personal data. While the accuracy of the data is being verified, you have the right to demand that its processing is restricted.
_If processing is unlawful, you can request the restriction of the use of the data as an alternative to deletion.
_If we no longer need your personal data for the purposes of processing, but you need the data to assert, exercise or defend legal claims, you can request the restriction of processing as an alternative to deletion.
_If you object to the processing in accordance with Article 21(1) GDPR, we will weigh up your interests against ours. Until this weighing up is completed, you have the right to request the restriction of processing.

The effect of restricting processing is that, apart from storage, the personal data may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a member state.

Provision of the website (web host)

Our website is hosted by:

Mittwald CM Service GmbH & Co. KG
Königsberger Str. 4-6
32339 Espelkamp
Germany

When you access our website, we automatically collect and store information in so-called server log files. Your browser automatically transmits this information to our server or our hosting company’s server.

These are:
_IP address of the website visitor's end device
_device used
_host name of the accessing computer
_visitor's operating system
_browser type and version
_name of the retrieved file
_time of server request
_amount of data
_information on whether the retrieval of the data was successful

This data is not merged with other data sources.

The legal basis for processing this data is Article 6(1)(f) GDPR. Our legitimate interest is the technically error-free presentation and optimisation of this website.

Instead of operating this website on our own server, we may also commission an external service provider (hosting company) to operate it on their own server. In this case, the personal data collected on this website will be stored on the hosting company’s servers. In addition to the data mentioned above, data generated via a website may include, for example, contact requests, contact details, names, website access data, meta and communication data, contract data and other data.

A further legal basis is the purpose of fulfilling the preliminary contract or contract given to the data subject (Article 6(1)(b) GDPR). In the event that we have commissioned a hosting company, a order processing contract will have been agreed with this service provider.

Use of cookies

Our website uses "cookies". Cookies are information that a web server (server that provides web content) stores on your end device in order to be able to identify this end device. They are either stored temporarily for the duration of a session (session cookies) and are deleted at the end of your visit to a website, or permanently (permanent cookies) on your end device until you delete them yourself or they are automatically deleted by your web browser.

Cookies can also be stored on your end device by third-party companies when you visit our site (third-party requests). This allows us, as the operator, and you, as a visitor to this website, to make use of certain third-party services installed on this website. Examples are cookies for processing payment services or cookies for displaying videos.

Cookies have a variety of uses. They can improve the functionality of a website, control shopping cart functions, increase the security and comfort of website use and carry out analyses regarding visitor flows and behaviour. Depending on their individual functions, cookies must be classified in terms of data protection legislation. They are necessary for the operation of the website and intended to provide certain features (shopping cart feature) or serve to optimise the website (e.g. cookies to measure visitor behaviour), then their use is based on Article 6(1)(f) GDPR. As a website operator, we have a legitimate interest in storing cookies in order to ensure the technically error-free and optimised provision of our services. In all other cases, cookies are only stored with your express consent (Article 6(1)(a) GDPR).

If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately in this privacy notice. When required, your consent will be requested and can be revoked at any time.

Use of external services

We use external services on our website. External services are services provided by third parties that are used on our website. This can be done for a variety of reasons, such as embedding videos or website security. When using these services, personal data is also passed on to the respective providers of these external services. If we have no legitimate interest in using these services, we will obtain your revocable consent as a visitor to our website before using them (Article 6(1)(a) GDPR).

Analytics

We process website visitors’ personal data in order to analyse user behaviour. Evaluation of this data enables us to compile information on how visitors use individual components of our website. This allows us to increase the user-friendliness of our website. The analysis tools may be used, for example, to create user profiles for the display of targeted or interest-based advertising messages, to recognise our website visitors the next time they visit our website, to measure their click/scroll behaviour and downloads, to create heat maps, to recognise page views, to measure the length of visits to the website or bounce rates, as well as to trace the origin of website visitors (city, country, the website visitors have come from). The analysis tools help us to improve our market research and marketing activities.

The legal basis for the processing of data is consent (Articel 6(1)(a) GDPR). As a website visitor, you have consented to the processing of your personal data with your voluntary, explicit and prior consent. Without separate consent, we will not process your personal data in the manner described above, provided that there is no other legal basis within the meaning of Article 6(1) GDPR on which we base the processing. We proceed in the same way if you revoke your consent. The lawfulness of the processing carried out prior to the revocation of consent remains unaffected.

Google Analytics

Our website uses the service Google Analytics. The provider of this service is Google Ireland Ltd., Gordon House, Barrow Street Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL:
https://policies.google.com/privacy.

The service uses the following cookies on our website:

NameStorage periodTypePurpose
_ga730 Days1st partyContains a randomly generated user ID. This ID enables Google Analytics to recognise returning users on this website and to merge data from previous visits.
_ga_CJPC63S3B2730 Days1st partyCollects data on how often a user has visited a website, as well as data for the first and last visit.
_gat_UA-215748750-11 Minute1st partyUsed to throttle request rate, which means that it limits the collection of data on high traffic sites.
_gid24 Hours1st partyThis cookie assigns an ID to a user so that the web tracker can group the user's actions under this ID.

Consent management

In order to comply with data protection requirements, we use a consent management tool on our website. This tool enables us to obtain the necessary consents for the setting of cookies or the use of external services. We then store these consents.

The data processing is necessary for compliance with a legal obligation to which the data controller (website operator) is subject. Article 6(1)(c) GDPR is therefore used as the legal basis for the processing.

Cookiebot

Our website uses the service Cookiebot. The provider of this service is Cybot A/S, Havnegade 39, 1058 Kopenhagen, Denmark.

As this service is hosted locally on the web server, no data is transferred to third parties.

The service uses the following cookies on our website:

NameStorage periodType Purpose
CookieConsent90 Days1st partyStores the user's cookie consent state for the current domain

Content delivery network (CDN)

We use a content delivery network (CDN) to optimise the performance and availability of our website. For this purpose, the service provider who makes this network available will process your IP address and information about when you visited our website. All further information on data processing by this service provider can be found in the company’s privacy notice.

This processing is based on our legitimate interest (Article 6(1)(f) GDPR).

Our legitimate interest in using a content delivery network is to be able to display our website as quickly, securely and reliably as possible.

Amazon CloudFront

Our website uses the service Amazon CloudFront. The provider of this service is Amazon Web Services EMEA S.à r.l., 38 Avenue John F. Kennedy L-1855, Luxembourg.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL:
https://aws.amazon.com/de/privacy/.

CloudFlare

Our website uses the service CloudFlare. The provider of this service is Cloudflare Ltd., 2nd Floor 25 Lavington Street London SE1 0NZ, Great Britain.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL:
https://www.cloudflare.com/de-de/privacypolicy/.

CRM systems

We use a customer relationship management system to better manage our customer relationships. This enables us to display customer relationship processes clearly and to keep them organised. This includes existing and potential customers. As a result, personal data such as the customer’s name and address is processed.

The legal basis for the processing of data is consent (Articel 6(1)(a) GDPR). As a website visitor, you have consented to the processing of your personal data with your voluntary, explicit and prior consent. Without separate consent, we will not process your personal data in the manner described above, provided that there is no other legal basis within the meaning of Article 6(1) GDPR on which we base the processing. We proceed in the same way if you revoke your consent. The lawfulness of the processing carried out prior to the revocation of consent remains unaffected.

EQS Cockpit

Our website uses the service EQS Cockpit. The provider of this service is EQS Group AG, Karlstraße 47, 80333 München, Bayern, Germany.

Further information can be found in the provider's privacy policy at the following URL:
https://www.eqs.com/de/ueber-eqs/datenschutz/.

HR systems

We use software to better collect, store and manage information related to human resource management. HR systems store personal data, in particular names, addresses and salary data.

The legal basis for the processing of data is consent (Article 6(1)(a) GDPR). As a website visitor, you have consented to the processing of your personal data with your voluntary, explicit and prior consent. Without separate consent, we will not process your personal data in the manner described above, provided that there is no other legal basis within the meaning of Article 6(1) GDPR on which we base the processing. We proceed in the same way if you revoke your consent. The lawfulness of the processing carried out prior to the revocation of consent remains unaffected.

Recruitee

Our website uses the service recruitee. The provider of this service is Recruitee B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands.

Further information can be found in the provider's privacy policy at the following URL:
https://recruitee.com/de/privacy-policy.

Map service

We use a map service on this website. In order for the map to be used and displayed on the website, the map must be loaded from the provider's server. This results in your IP address being transmitted to the provider's server. Depending on the provider, cookies and other technologies, including fonts, are loaded. More information on this can be found in the provider’s privacy policy.

The legal basis for the processing of data is consent (Articel 6(1)(a) GDPR). As a website visitor, you have consented to the processing of your personal data with your voluntary, explicit and prior consent. Without separate consent, we will not process your personal data in the manner described above, provided that there is no other legal basis within the meaning of Article 6(1) GDPR on which we base the processing. We proceed in the same way if you revoke your consent. The lawfulness of the processing carried out prior to the revocation of consent remains unaffected.

Google Maps

Our website uses the service Google Maps. The provider of this service is Google Ireland Ltd., Gordon House, Barrow Street Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL:
https://policies.google.com/privacy.

Interface software

Business processes run faster, more cheaply and with fewer errors if they are automated using software via interfaces. This allows them to be efficiently integrated into the company's processes via its own website or social networks. We use interface software on our website to link different applications and to transfer personal data securely from one application to another.

The legal basis for the processing of data is consent (Article 6(1)(a) GDPR). As a website visitor, you have consented to the processing of your personal data with your voluntary, explicit and prior consent. Without separate consent, we will not process your personal data in the manner described above, provided that there is no other legal basis within the meaning of Article 6(1) GDPR on which we base the processing. We proceed in the same way if you revoke your consent. The lawfulness of the processing carried out prior to the revocation of consent remains unaffected.

Google Tag Manager

Our website uses the service Google Tag Manager. The provider of this service is Google Ireland Ltd., Gordon House, Barrow Street Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL:
https://policies.google.com/privacy.

Web fonts

This site uses so-called web fonts for the uniform display of fonts, which are provided by an external provider and loaded by the browser when the website is accessed. When web fonts are loaded, the web font provider becomes aware that our website has been accessed from your IP address, as your browser establishes a direct connection to the web font provider.

The legal basis for the processing of data is consent (Article 6(1)(a) GDPR). As a website visitor, you have consented to the processing of your personal data with your voluntary, explicit and prior consent. Without separate consent, we will not process your personal data in the manner described above, provided that there is no other legal basis within the meaning of Article 6(1) GDPR on which we base the processing. We proceed in the same way if you revoke your consent. The lawfulness of the processing carried out prior to the revocation of consent remains unaffected.

Google Fonts

Our website uses the service Google Fonts. The provider of this service is Google Ireland Ltd., Gordon House, Barrow Street Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL:
https://policies.google.com/privacy.

Web security

We use tools that protect against unauthorised access, spam or other attacks on our website. This increases the security of our website.

This processing is based on our legitimate interest (Article 6(1)(f) GDPR).

Our legitimate interest is to be able to guarantee the security of our website and to protect ourselves from unauthorised access, spam and other attacks.

Google Recaptcha

Our website uses the service Google Recaptcha. The provider of this service is Google Ireland Ltd., Gordon House, Barrow Street Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL:
https://policies.google.com/privacy.

The service uses the following cookies on our website:

NameStorage periodTypePurpose
_GRECAPTCHA180 Days3rd party, www.google.comUsed to protect site againt spam enquiries

Blue Cap AG



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