Data protection information of EK-TEAM GmbH, Schnackenburgallee 43, 22525 Hamburg, Germany

From 25 May 2018, the provisions of the EU Data Protection Ordinance (DSGVO) will apply. With this data protection information, EK-TEAM GmbH, Schnackenburgallee 43, 22525 Hamburg (hereinafter also referred to briefly as "EK-TEAM") informs you about the processing of personal data carried out by EK-TEAM in accordance with the DSGVO and the Federal Data Protection Act in its currently valid version (BDSG 2018).

I. Introduction

EK-TEAM GmbH (EK-TEAM) and its employees take data protection very seriously. In all our business processes, we take great care that the requirements of the DSGVO and the BDSG 2018 are observed. The following data protection information informs you about how EK-TEAM uses your personal data. EK-TEAM complies with the strict provisions of the European Data Protection Ordinance (DSGVO) and German data protection law.

II. The name and contact details of the responsible

Responsible in the sense of the DSGVO is the EK-TEAM GmbH (in the following also called "EK-TEAM"), Schnackenburgallee 43, 22525 Hamburg represented by its managing director Gerd Nothdurft; registered in the commercial register of the Amtsgericht Hamburg under the file number HRB 61161; telephone: 0408541098-0; e-mail: info@ek-team.de; Internet: www.ek-team.de; sales tax identification number according to § 27a sales tax law: DE811993236.

III. Contact details of the data protection officer

EK-TEAM has appointed a data protection officer.

data protection officer of EK-TEAM GmbH:
Mr. Daniel Voigtländer
MSO Consulting
Zeisigweg 11
71397 Leutenbach, Germany
Phone: + 49 7195 9772959
E-mail: daniel.voigtlaender@mso.de

IV. Purposes of data processing, legal bases

1. Use of the website www.ek-team.de

a) Log files

When you visit the website www.ek-team.de and its sub-pages, so-called log files are stored in protocol coll files. This storage records the following data: The IP address of the accessing computer, the website from which you visit www.ek-team.de, the websites/subwebsites you visit on www.ek-team.de, the date and duration of your visit, browser type and browser settings, operating system and the name of your access provider. This data is stored for a maximum of 7 days and then automatically deleted. The legal basis for processing is Art. 6 para. 1 lit. f DSGVO. The legitimate interest of EK-TEAM results from ensuring a functioning connection setup, guaranteeing comfortable use of the website www.ek-team.de and its sub-pages as well as ensuring system security and stability. A direct conclusion on your identity is not possible on the basis of the information and is also not drawn by EK-TEAM.

b) Cookies

EK-TEAM uses so-called cookies on www.ek-team.de. EK-TEAM will inform you about the use of cookies before using the www.ek-team.de website and give you the opportunity to consent to the use of cookies (in which case cookies will be used in accordance with the following instructions when you use the www.ek-team.de website) or to object to the use of cookies (in which case no cookies will be used when you use the www.ek-team.de website). We would like to point out that certain functions of the www.ek-team.de website and its sub-pages can only be used if cookies are permitted.

A "cookie" is a small file that is stored on your computer and is only transmitted to our servers when you visit www.ek-team.de and/or one of its sub-pages. Most cookies used by www.ek-team.de are so-called "session cookies" which are automatically deleted from your computer at the end of a session, for example when you close your browser. Certain functions of the website www.ek-team.de can only be used if cookies are permitted. In addition to session cookies, EK-TEAM also uses cookies stored for a longer period of time and also permanently stored cookies, which are each stored after the session in order to adjust the website www.ek-team.de, its sub-pages and the offers contained there (including goods/services) more precisely to the users and to measure the effectiveness of advertising campaigns; the cookies stored for a longer period of time are stored for a maximum of 2 years and then automatically deleted. The permanently stored cookies remain on the terminal you are using until you delete them.

You can view and delete the cookies stored on your computer and control the handling of cookies via the settings of your Internet browser. For example, you can block cookies by changing your browser settings to "do not accept cookies". It is also possible to set your browser so that it asks whether you agree before setting cookies. You can delete cookies at any time. You can find the details in your browser's instructions. Please note that certain functionalities of www.ek-team.de (and its sub-pages) are only limited or not available at all if you do not allow cookies.

c) etracker

The website www.ek-team.de uses the analysis service "etracker". The analytics service etracker is provided by etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg, Germany. The data collected with the etracker analysis service can be used to create user profiles under a pseudonym. etracker collects data on website usage (in particular which pages are visited when, how long and how often and where the users come from). etracker may use cookies for this purpose. The data collected with etracker will not be used to personally identify visitors to the www.ek-team.de website and will not be merged with personal data via the person behind the pseudonym without the consent of the person concerned. The cookies used by etracker remain on the device you are using until you delete them. Data collected via the etracker analysis service is processed on the legal basis of Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the anonymised analysis of user behaviour in order to optimise his website as well as his offers and advertising.
You can object to the collection and storage of data collected with the etracker analysis service at any time with future effect. In order to object to the collection and storage of your visitor data in the future, you can obtain an opt-out cookie from etracker via the link https://www.etracker.com/datenschutz/ The opt-out cookie means that etracker will not collect and store any visitor data from your browser in the future. If you have set the opt-out cookie, please ensure that the cookie in question is not deleted as long as you wish to maintain your objection. Further information on etracker and the processing of data by etracker can be found in the etracker data protection regulations, which you can access via the link https://www.etracker.com/datenschutz/

d) Contact form

On the website of EK-TEAM you can contact EK-TEAM via a contact form. The form of address (Mrs/Mr), first and last name, e-mail address and a request text must be provided. The personal data transmitted to EK-TEAM in this context will be used to process the respective requests. The legal basis for the processing of data is Art. 6 para. f DSGVO and - depending on the type of request - also Art. 6 para. b and c DSGVO.

e) Google Maps

The EK-TEAM website uses the Google Maps map service via an API. The map service Google Maps is offered by Google Inc. 1600 Amphitheatre Parkway, Moun-tain View, CA 94043, USA. Google Maps collects and stores your IP address. The data collected by Google Maps is usually transferred to a Google server in the USA and stored there. The legal basis for the use of Google Maps is Art. 6 para. 1 lit. f DSGVO. The legitimate interest arises from the ease with which we can find the places we have indicated on the website. Further information on how Google handles user data can be found in Google's privacy policy: https://www.google.de/intl/de/policies/privacy/.

f) Duration of storage

Personal data of visitors to the website www.ek-team.de are deleted when their knowledge is no longer required for the purposes described in this data protection declaration, unless legal provisions prescribe longer storage; this also applies to data from contact forms. See III. 3 below for data from employee applications.

2. Processing of personal data for customer inquiries and contracts

If you send an inquiry to EK-TEAM and/or conclude a contract with EK-TEAM, EK-TEAM processes the data necessary to answer the inquiry, the conclusion, the execution and/or the termination of the respective contract on the basis of the provisions of the DSGVO and the BDSG (2018) for the following purposes and under the following conditions:

- the processing is necessary for the performance of a contract to which the data subject is a party, or for the implementation of pre-contractual measures taken on the data subject's request (the legal basis for processing is Art. 6 para. 1 lit. b of the DSGVO in this respect);
- the processing is necessary to fulfil a legal obligation to which the responsible is subject (the legal basis of the processing is Art. 6 para. 1 lit. c DSGVO);
- the processing is necessary to protect the legitimate interests of the responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject. which require the protection of personal data, prevail, in particular if the data subject is a child (the legal basis for the processing is Art. 6 para. 1 lit. f of the DSGVO in this respect).

In addition to the customer's contact data, the data transferred by the customer to the contract or order are processed. If the customer also transmits personal data (e.g. names and/or e-mail addresses and addresses of representatives and/or employees/contact persons) within this scope, these are also processed for the purpose of order processing and/or processing of inquiries. The legal basis for this is Art. 6 para. 1 lit. b and lit. f DSGVO.

Personal data of customers and/or their employees will be deleted if their knowledge is no longer required for the purposes described in this data protection declaration, unless longer storage is prescribed by statutory provisions.

3. Data protection information for applicants

When you apply to EK-TEAM, your personal data will be processed by EK-TEAM as follows:

EK-TEAM processes the following categories of personal data:
- Contact information, in particular first and last name, if applicable title, address, telephone number, e-mail address;
- Qualification-related information, in particular academic achievements and other information contained in the CV, information on education and work experience, copies of certificates;
- photos and attachments attached to an application;
- Information on (planned) future training and other career steps as well as professional focuses and interests.

In principle, EK-TEAM receives this data directly from you (from your application). In individual cases, EK-TEAM may receive personal data about you from third parties, such as headhunters, employment agencies, etc., to whom you provide your data for the purpose of forwarding it to potential employers.

If you send data to EK-TEAM as part of an application, EK-TEAM will process the data you have provided, insofar as this is necessary to carry out the application procedure. The legal basis for this processing is § 26 BDSG 2018 in connection with Art. 88 DSGVO.

The personal data collected for the purposes of an application procedure will, insofar as the application has not led to the commencement of an activity at EK-TEAM, after completion of the procedure for the duration of the statutory limitation period pursuant to §§ 195 et seq. BGB (German Civil Code) for the purpose of preserving evidence and subsequently deleted.

V. External service providers

1. General information on the use of external service providers

EK-TEAM uses external service providers (e.g. banks, tax consultants, telecommunication service providers, post office, etc.) for certain processes. These service providers have access to personal data for the purpose of carrying out the services concerned. These service providers have been carefully selected by EK-TEAM and fulfill high data protection and data security standards. The service providers concerned are bound to secrecy either by law and/or under a confidentiality agreement.

As far as the corresponding processes are order data processing within the meaning of § 28 DSGVO, EK-TEAM has concluded a contract with the corresponding service providers for order processing in accordance with § 28 DSGVO; the service providers concerned process data only on behalf of and according to the instructions of EK-TEAM.

Except in the cases described in this data protection declaration, EK-TEAM will only pass on your data to third parties without your express consent if EK-TEAM is obliged to do so by law and/or due to an official and/or court order.

2. Explicit reference to the use of certain services

EK-TEAM hereby explicitly points out that EK-TEAM uses the following services, during the execution of which the respective provider obtains access to personal data:

a) SAP

EK-TEAM uses the software services of SAP. The provider of SAP software services is the SAP SE, represented by its Executive Board: Bill McDermott (CEO), Robert Enslin, Adaire Fox-Martin, Christian Klein, Michael Kleinemeier, Bernd Leukert, Jennifer Mor-gan, Luka Mucic and Stefan Ries, Chairman of the Supervisory Board: Hasso Plattner, Address: Dietmar Hopp-Allee 16, 69190 Walldorf, Phone +49/6227/7-47474, Fax +49/6227/7-57575, E-Mail: info@sap.com, Registergericht Mannheim HRB 719915.

When EK-TEAM uses SAP's software services, personal data of EK-TEAM employees (in particular first name, surname, e-mail address, business address) as well as of customers and/or suppliers of customers are transmitted to SAP and processed by SAP. This is done within the framework of the legal provisions and on the basis of an order data processing contract. In compliance with legal regulations, personal data may also be transferred to third countries. Details of SAP's data processing can be found at: https://www.sap.com/corporate/de/legal/privacy.html.

b) TEAM Viewer

EK-TEAM uses TeamViewer in certain cases. The provider of TeamViewer is TeamViewer GmbH, Jahnstr. 30, 73037 Göppingen, represented by its managing directors Oliver Steil, Stefan Gaiser, phone: +49 7161 305893455, fax: 07161 60692 79; e-mail: con-tact@teamviewer.com, Commercial Register: Ulm HRB 534075. TeamViewer is a remote maintenance software for screen sharing, video conferencing, file transfer and VPN. TeamViewer is used both in the relationship between EK-TEAM and their employees and between EK-TEAM and customers. Without exception, TeamViewer is only used after the relevant employee or customer has given their prior consent. TeamViewer is only used without exception as long as the relevant employee or customer is present in relation to the end-device accessed by EK-TEAM via TeamViewer.

The person concerned has the right to revoke his/her consent at any time. This can also be done by the respective employee or customer simply aborting the use of TeamViewer (which is done by a simple click in the program on the termination function). The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

VI. Transfer of data to recipients outside the EU

With the exception of the processing described under IV.1. e) and V. 2. above and with the exception of the case that you have consented to the use of cookies, your data will not be passed on to recipients based outside the European Union or the European Economic Area. The processing mentioned under IV.1. e) includes data transmission to servers in the USA. If you agree to the use of cookies, the data collected by some cookies will also be transmitted to servers in the USA. Data is transmitted on the basis of so-called standard contractual clauses of the EU Commission (available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri= OJ:L:2010:039:0005:0018:DE:PDF) and on the basis of the so-called Privacy Shield (available at: https://www.privacyshield.gov/welcome). If personal data is transferred to third countries in the processing described under V. 2., this is done in compliance with the legal requirements of Art. 28 DSGVO in conjunction with Articles 44 to 50 DSGVO.

VII. Your rights

1. Right of revocation

If EK-TEAM processes personal data on the basis of a consent given by you, you have the right to revoke the given consent at any time. The revocation of the consent does not mean that the data processing carried out on the basis of the consent up to the time of the revocation becomes ineffective. You can revoke your consent at any time with effect for the future by sending a message to info@ek-team.de.

2. Right to information

According to Art. 15 DSGVO you have a right to information about your personal data stored at EK-TEAM. Pursuant to Art. 15 para. 1 DSGVO, this includes information on a) the purposes of processing; b) the categories of personal data processed; c) the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular recipients in third countries or international organisations; (d) if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration; e) the existence of a right of correction or deletion of personal data concerning you, or of limitation of processing by the responsible or of a right of objection against such processing; f) the existence of a right of appeal to a supervisory authority; g) if the personal data are not collected from the data subject, all available information on the origin of the data; h) the existence of an automated decision-making process including profiling in accordance with Art. 22 para. 1 and 4 DSGVO and - at least in these cases - meaningful information about the logic involved as well as the scope and the desired effects of such processing for you.

You may request EK-TEAM to provide you with a copy of the personal data that is the subject of the processing. You can request information about your personal data stored with us at info@ek-team.de.

3. Right to correction

According to Article 16 DSGVO, you have the right to request EK-TEAM to correct any incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.

4. Right to cancellation ("right to be forgotten")

Pursuant to Art. 17 para. 1 DSGVO you have the right to request EK-TEAM to delete personal data concerning you immediately and EK-TEAM is obliged to delete personal data immediately if one of the following reasons applies: a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed; b) you revoke your consent to which the processing in accordance with Art. 6 para. 1 lit. a) DSGVO or Art. 9 para. 2 lit. a) DSGVO, and there is no other legal basis for the processing; c) You file an objection to the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate grounds for processing, or you file an objection to the processing pursuant to Art. 21 para. 2 DSGVO; d) The personal data have been processed unlawfully; e) The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which EC-TEAM is subject; f) The personal data was collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.


This does not apply according to Art. 17 para. 3 DSGVO, insofar as the processing is necessary a) to exercise the right to freedom of expression and information; b) to fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which EK-TEAM is subject, or to perform a task which is in the public interest or in the exercise of official authority which EK-TEAM has been entrusted with; c) for reasons of public interest in the field of public health according to Art. 9 para. 2 h) and i) DSGVO and Art. 9 para. 3 DSGVO; d) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in Art. 17 para. 1 DSGVO is likely to make it impossible or seriously impair the attainment of the objectives of this processing, or e) for the assertion, exercise or defence of legal claims.

5. Right to limitation of processing

In accordance with § 18 para. 1 DSGVO has the right to require EK-TEAM to restrict processing if one of the following conditions is fulfilled: a) you dispute the accuracy of the personal data for a period which allows EK-TEAM to verify the accuracy of the personal data, b) the processing is unlawful and you refuse to delete the personal data and instead request the limitation of processing of the personal data; c) EK-TEAM no longer needs the personal data for the purposes of the processing but you need them for the assertion, exercise or defence of legal claims, or d) you object to the processing pursuant to Art. 21 para. 1 DSGVO, as long as it is not yet clear whether the justified reasons of EK-TEAM outweigh your justified reasons.

6. Right to data transferability

Pursuant to Art. 20 para. 1 DSGVO, you have the right to receive the personal data concerning you that you have provided to EK-TEAM in a structured, current and machine-readable format, and you have the right to transmit this data to another responsible without hindrance by EK-TEAM, if a) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a) DSGVO or Art. 9 para. 2 lit. a) DSGVO or is based on a contract pursuant to Art. 6 para. 1 lit. b) DSGVO and b) the processing is carried out using automated procedures. When exercising this right to data transferability, you have the right to request that the personal data be transferred directly by EK-TEAM to another responsible, as far as this is technically feasible.

7. Right of objection

According to Art. 21 para. 1 DSGVO, you have the right to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 lit. e) or lit. f) DSGVO for reasons arising from your particular situation; this also applies to profiling based on these provisions. If personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising pursuant to Art. 21 para. 2 DSGVO; this also applies to profiling insofar as it is associated with such direct marketing.

8. Right of appeal to a supervisory authority

Under Article 77 of the DSGVO, irrespective of any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you are staying, working or of the place of suspected infringement, if you believe that the processing of personal data concerning you is not in compliance with the DSGVO. The right of appeal may be exercised, in particular, at a supervisory authority in the Member State where you are staying, working or of the place of suspected infringement. In Hamburg, the responsible supervisory authority is the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI), Kurt-Schumacher-Allee 4, 20097 Hamburg.

9. Reference to your aforementioned rights

You could assert the aforementioned rights to which you are entitled with respect to us via the contact data specified under II. of this data protection declaration; in particular, this can also be done by e-mail to info@ek-team.de

VII. Data security

The security of your personal data has the highest priority for EK-TEAM. EK-TEAM therefore protects the data stored by us through technical and organizational measures, in particular to effectively prevent misuse of the data by third parties and/or loss of the data. This also applies to companies that process and use data on behalf of and in accordance with the instructions of EK-TEAM. The transmission of your personal data on the website www.ek-team.de is encrypted: We use Secure Socket Layer (SSL) for communication via your Internet browser. Protection is also guaranteed by the fact that EK-TEAM employees who process personal data have been obliged to observe data secrecy. EK-TEAM recommends to send e-mails only with transport encryption and content encryption. If you send EK-TEAM an unencrypted e-mail, EK-TEAM assumes that you agree to unencrypted communication via e-mail.

VIII. Changes to the data protection declaration

Due to the further development of our website and our offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can call up and print out the actual data protection declaration on the website under www.ek-team.de at any time.

EK-TEAM, 24.05.2018