Data protection declaration according to the EU GDPR

Name and address of the person responsible

The person responsible in the meaning of the EU General Data Protection Regulation (EU GDPR) and other national data protection laws of the member states as well as other provisions of data protection law is:

avesco Financial Services AG
Mohrenstrasse 34
10117 Berlin

Telephone: +49 (0)30 288767-0
Fax: +49 (0)30 288767-20

Email: kontakt@avesco.de
Internet: www.avesco.de

General information on data processing

We process our users‘ personal data only to the extent necessary to provide a functioning website as well as our content and services. The processing of our users‘ personal data regularly occurs only after the user has granted consent. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by statutory provisions.

The following declaration gives you an overview of how we guarantee this protection, and what kind of data is collected for what purpose.

Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing personal data, Article 6 (1) lit. a of the EU Data Protection Basic Regulation (EU GDPR) serves as the legal basis.

Article 6 (1) lit. b EU GDPR serves as a legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This shall also apply to processing operations necessary for the implementation of pre-contractual measures.

If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Article 6 (1) lit. c EU GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Article 6 (1) lit. d EU GDPR serves as the legal basis.

If processing is necessary in order to safeguard a legitimate interest of our company or a third party, and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Article 6 (1) lit. f EU GDPR serves as the legal basis for the processing.

Data erasure and storage duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if the European or national legislator has provided for this in EU regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.

Description and scope of data processing

Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer. These are:

  • Browser type and version
  • Operating system of the user
  • Internet service provider of the user
  • Hostname of the accessing computer (IP address)
  • The website page previously visited (referrer URL)
  • Websites accessed by the user’s system through our website
  • Date and time of access.

The data is also stored in our system’s log files. These data are not stored together with other personal data of the user.

The legal basis for the temporary storage of data and log files is Article 6 (1) lit. f EU GDPR.

Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the IP address of the user must remain stored for the duration of the session.

The data is stored in log files in order to ensure the website’s functionality. The data is also utilised in order to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not occur in this context.

These purposes also include our legitimate interest in data processing pursuant to Article 6 (1) lit. f EU GDPR.

Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data to provide the website, this occurs when the respective session is terminated. If the data is stored in log files, this occurs after seven days at the latest. Storage beyond this is possible. In this case, users‘ IP addresses are deleted or rendered unidentifiable so that an assignment of the calling client is no longer possible.

Possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. A possibility for the user to object does not exist as a consequence.

Use of cookies

Our website utilises cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is visited again.

We utilise cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

  • Log-in information
  • Date and time of access
  • User’s device information (browser type and version, operating system)
  • Hostname of the accessing computer (IP address)

We also utilise cookies on our website, which enable us to analyse our users‘ surfing behaviour.

In this way the following data can be transmitted:

  • Websites visited
  • Interest in content
  • Access times and frequency of page views
  • Use of website functions

The user data collected in this way is pseudonymised by technical measures. For this reason, it is no longer possible to assign the data to the calling user. The data are not stored together with other personal data of the users.

When you visit our website, an information banner informs you about the use of cookies for analysis purposes and refers you to this privacy statement. In this context, how the storage of cookies in the browser settings can be prevented is also indicated.

The legal basis for the processing of personal data utilising cookies is Article 6 (1) lit. f EU GDPR.

Purpose of the processing of cookie data

The purpose of utilising technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognised also after a page change.

We need cookies for the following applications:

  • Google Analytics

The user data collected by the technically necessary cookies are not used to create user profiles.

The analysis cookies are used for the purpose of improving our website’s quality and content. Through the analysis cookies, we learn how the website is used and can thereby constantly optimise our offering.

In such purposes, our legitimate interest also lies in the processing of personal data in accordance with Article 6 (1) lit. f EU GDPR.

Google Analytics

This website utilises Google Analytics, a web analysis service provided by Google Inc. („Google“). Google Analytics utilises „cookies“, which are text files placed on the user’s computer, to help the website analyse how users utilise the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the USA. However, if IP anonymisation is enabled on this website, Google will first truncate your IP address within member states of the European Union or other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there. On behalf of this website’s operator, Google will utilise this information for the purpose of evaluating the user’s use of the website, compiling reports on website activity and providing other services to the website operator relating to website activity and Internet usage. The IP address transmitted by the user’s browser as part of Google Analytics is not merged with other Google data.

Users may refuse the use of cookies by selecting the appropriate settings on their browser; however, please note that if you do this you may not be able to utilise this website’s full functionality. In addition, users can prevent Google from collecting data generated by the cookie and relating to the use of the website (including the IP address) and from the processing this data by Google by downloading and installing the browser plug-in available at the following link (http://tools.google.com/dlpage/gaoptout?hl=en).

Further information on the terms of use and data protection can be found at http://www.google.com/analytics/terms/de.html .

We would like to point out that on this website Google Analytics was extended by the code „gat._anonymizeIp();“ in order to ensure anonymous recording of IP addresses (so-called IP masking).

Duration of storage, objection and removal options for cookies

Cookies are stored on the user’s computer and transmitted to our site by the user. For this reason, you as a user also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be utilised to their full extent.

Newsletter

You can subscribe to a free newsletter on our website. When registering for the newsletter, the data from the input mask is transmitted to us. The data to be collected is the user’s name and email address.

In addition, the following data is collected during registration:

  • IP address of the calling computer
  • Date and time of registration

Your consent will be obtained for the processing of your data during the registration process and reference will be made to this data protection declaration.

No data will be passed on to third parties in connection with data processing for the dispatch of newsletters. The data will be utilised exclusively for sending the newsletter.

The legal basis for the processing of data by the user after registration for the newsletter is Article 6 (1) lit. a EU GDPR, if users have granted their consent.

Purpose of data processing during newsletter registration

The collection of the user’s email address serves for the delivery of the newsletter.

The collection of other personal data as part of the registration process serves to prevent misuse of the services or the email address utilised.

Duration of data storage for newsletter registration

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. Accordingly, the user’s email address will be stored for as long as the newsletter subscription is active.

The other personal data collected in the course of the registration process are usually deleted after a period of seven days.

Possibility of objection and removal of the newsletter subscription

The subscription to the newsletter can be cancelled by the respective user at any time. Every newsletter includes a corresponding link for this purpose.

This also enables the revocation of the consent to the storage of personal data collected during the registration process.

Email contact

Our website does not include a contact form for electronic contact. We can be contacted via the email address provided. In this case, the user’s personal data transmitted with the email will be stored.

The data will not be passed on to third parties in this context. The data will be used exclusively for processing the conversation.

The legal basis for processing the data transmitted in the course of sending an email is Article 6 (1) lit. f EU GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Article 6 (1) lit. b EU GDPR.

Purpose of data processing from email contact

The processing of the personal data from establishing contact by email serves us solely to process the establishing of contact. In the case of contact by email, this also constitutes the necessary legitimate interest in the processing of the data.

Duration of storage of contact information

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For personal data sent by email, this occurs when the respective conversation with the user has ended. The conversation ends when it can be inferred from the circumstances that the facts in question have been conclusively clarified.

Possibility of objection and elimination of contact data

Users can revoke their consent to the processing of personal data at any time. If users contact us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

The revocation of the consent and/or the contradiction of the storage of the data you can explain to us by email, contact form on the web page, fax or letter.

In this case, all personal data stored in the course of establishing contact will be deleted.

Rights of the data subject

If your personal data are processed, you are the data subject in the meaning of the EU GDPR and you are entitled to the following rights vis-à-vis the person responsible:

1. Right to information

You can request confirmation from the person responsible as to whether we will process personal data relating to you.

In the event of such processing, you may request the following information from the data controller:

  • the purposes for which the personal data are processed;
  • the categories of personal data processed;
  • the recipients or categories of recipients to whom the personal information about you has been or will be disclosed;
  • the planned duration of the storage of the personal data concerning you or, if it is not possible to provide specific information in this regard, criteria for determining the duration of the storage;
  • the existence of a right to correct or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;
  • the existence of a right to submit a complaint to a regulator;
  • all available information on the origin of the data, if the personal data are not collected from the data subject;
  • the existence of automated decision-making including profiling in accordance with Article 22 (1) and (4) EU GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Article 46 EU GDPR in connection with the transfer.

2. Right to correction

You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The person responsible must perform the correction immediately.

3. Right to limitation of processing

Under the following conditions, you may request that the processing of your personal data be restricted:

  • if you dispute the accuracy of the personal data concerning you for a period of time, which enables the person responsible to verify the accuracy of the personal data;
  • the processing is unlawful, and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
  • the data controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
  • if you have lodged an objection against the processing pursuant to Article 21 (1) EU GDPR and it has not yet been determined whether the justified reasons of the data controller outweigh your reasons.

Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the European Union or of a member state.

If the processing restriction has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

4. Right to deletion

(a) Duty to delete

You may request the data controller to delete the personal data concerning you immediately, and the data controller is obliged to delete this data immediately if one of the following reasons applies:

  • The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
  • You revoke your consent on which the processing pursuant to Article 6 (1) lit. a or Article 9 (2) lit. a EU GDPR was based, and no other legal basis exists for the processing.
  • You object to the processing pursuant to Article 21 (1) EU GDPR and no overriding legitimate reasons exist for the processing, or you object to the processing pursuant to Article 21 (2) EU GDPR.
  • The personal data concerning you have been processed unlawfully.
  • The deletion of personal data concerning you is necessary to fulfil a legal obligation under EU law or the law of the member states to which the data controller is subject.
  • The personal data relating to you have been collected in relation to information society services offered pursuant to Article 8 (1) EU GDPR.

b) Information to third parties

If the person responsible has made the personal data concerning you public and is obligated to delete them in accordance with Article 17 (1) EU GDPR, this person shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.

(c) Exceptions

The right to deletion does not exist if the processing is necessary

  • to exercise freedom of expression and information;
  • to fulfil a legal obligation which the processing requires under the law of the EU or of the member states to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health pursuant to Article 9 (2) lit. h and i and Article 9 (3) EU GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) EU GDPR, insofar as the law referred to under section a) presumably makes it impossible or seriously impairs the attainment of the objectives of such processing, or
  • to assert, exercise or defend legal claims.

5. Right to information

If you have exercised your right to correct, cancel or limit the processing of your personal data in relation to the controller, the latter is obligated to notify all recipients to whom the personal data concerning you have been disclosed of such correction, cancellation or limitation, unless this proves impossible or involves a disproportionate effort.

They shall have the right vis-à-vis the person responsible to be informed of such recipients.

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate this data to another data controller without being hindered by the controller to whom the personal data was provided, provided that

  • the processing is based on a consent pursuant to Article 6 (1) lit. a EU GDPR or Article 9 (2) lit. a EU GDPR or on a contract pursuant to Article 6 (1) lit. b EU GDPR and
  • processing is performed utilising automated procedures.

In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. Right of objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Article 6 (1) lit. e or f EU GDPR; this also applies to profiling based on these provisions.

The controller will no longer process the personal data relating to you unless the controller can prove compelling protection-related reasons for processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling to the extent that it is connected with such direct advertising.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility to exercise your right of objection in relation to the use of information society services – notwithstanding Directive 2002/58/EC – by means of automated procedures utilising technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you, or similarly affects you to a significant extent. This shall not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and the person responsible,
  2. is authorised by legislation of the European Union or of the member states to which the person responsible is subject, and contains adequate measures to safeguard your rights and freedoms as well as your legitimate interests, or
  3. is made with your explicit consent.

However, these decisions may not be based on special categories of personal data under Article 9 (1) EU GDPR, unless Article 9 (2) lit. a or g EU GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.

In the cases referred to in (a) and (c), the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right of the controller to obtain the intervention of a person, to present his or her point of view, and to contest the decision.

10. Right to submit a complaint to a regulator

Without prejudice to any other administrative or judicial remedy, you shall have the right to submit a complaint to a regulator, in particular in the member state of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the EU GDPR.

The regulator to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 EU GDPR.