Data Protection Notice / Privacy Policy

Categories of Data, Purposes of Processing, and Categories of Data Subjects

In the following, we inform you about the nature, scope, and purpose of the collection, processing, and use of personal data.

Types of Data We Process

• Usage data (access times, websites visited, etc.)

• Master data (name, address, etc.)

• Contact data (phone number, email, fax, etc.)

• Contractual data (subject matter of contract, term, etc.)

• Content data (text inputs, videos, photos, etc.)

• Communication data (IP address, etc.)

Purposes of Processing pursuant to Art. 13 (1) (c) GDPR

Fulfillment of contracts; technical and economic optimization of the websites; enabling easy access to the website; performance of contractual obligations; preparation of executive search and recruitment offers; handling of application and executive recruitment procedures; contacting in the event of legal objections by third parties; compliance with statutory retention obligations; optimization and statistical evaluation of our services; supporting the commercial use of the website; improving user experience; making the website user-friendly; marketing / sales / advertising; creation of statistics; determining text copying probabilities; prevention of SPAM and abuse; customer service and customer care; processing contact requests; providing websites with functions and content; security measures; ensuring uninterrupted, secure operation of our website.

Categories of Data Subjects pursuant to Art. 13 (1) (e) GDPR

Visitors/users of the website, applicants/candidates, interested parties, clients, suppliers, employees, and employees of clients or suppliers.

The data subjects are collectively referred to as "Users".

Legal Bases for Processing Personal Data

Below we inform you about the legal bases for processing personal data:

• If we have obtained your consent for the processing of personal data, Art. 6 (1) sentence 1 (a) GDPR serves as the legal basis.

• If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures taken at your request, Art. 6 (1) sentence 1 (b) GDPR serves as the legal basis.

• If processing is necessary for compliance with a legal obligation to which we are subject (e.g., statutory retention obligations), Art. 6 (1) sentence 1 (c) GDPR serves as the legal basis.

• If processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 (1) sentence 1 (d) GDPR serves as the legal basis.

• If processing is necessary to safeguard our legitimate interests or those of a third party, and your interests or fundamental rights and freedoms do not override these interests, Art. 6 (1) sentence 1 (f) GDPR serves as the legal basis.

Disclosure of Personal Data to Third Parties and Processors

As a general rule, we do not pass on your data to third parties without your consent. Should this nevertheless be the case, the transfer takes place on the basis of the aforementioned legal grounds—for example, when transferring data for contract performance, due to a court order, or due to a statutory obligation to surrender data for the purposes of criminal prosecution, threat prevention, or the enforcement of intellectual property rights.

We also use data processors (external service providers, e.g., for web hosting of our websites and databases) to process your data. If data is transferred to processors within the scope of a data processing agreement, this always takes place in accordance with Art. 28 GDPR. We select our processors carefully, monitor them regularly, and have reserved the right to issue instructions regarding the data. Furthermore, processors must have taken appropriate technical and organizational measures and comply with data protection regulations in accordance with the revised German Federal Data Protection Act (BDSG) and the GDPR.

Data Transfer to Third Countries

The adoption of the European General Data Protection Regulation (GDPR) established a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which the GDPR applies. Should processing by third-party services outside the European Union (EU) or the European Economic Area (EEA) take place, these must fulfill the special requirements of Art. 44 et seq. GDPR. This means that processing takes place on the basis of special guarantees, such as the officially recognized determination by the EU Commission of a level of data protection corresponding to the EU, or compliance with officially recognized special contractual obligations, known as "Standard Contractual Clauses". For US companies, submission to the EU-US Privacy Shield framework fulfills these requirements.

Erasure of Data and Storage Period

Unless explicitly stated in this privacy policy, your personal data will be erased or blocked as soon as the purpose for storage no longer applies, unless further storage is required for evidentiary purposes or statutory retention obligations prevent erasure. This includes, for example, commercial retention obligations for business correspondence under Sec. 257 (1) of the German Commercial Code (HGB) (6 years) and tax retention obligations under Sec. 147 (1) of the German Fiscal Code (AO) for accounting records (10 years). When the prescribed retention period expires, your data will be blocked or erased unless continued storage is required for the conclusion or performance of a contract.

Existence of Automated Decision-Making

We do not utilize automated decision-making or profiling.

Provision of Our Website and Creation of Log Files

If you use our website for informational purposes only (i.e., no registration or other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:

• IP address

• Internet Service Provider of the user

• Date and time of access

• Browser type

• Language and browser version

• Content of the request

• Time zone

• Access status / HTTP status code

• Volume of data transferred

• Website from which the request originates (referrer URL)

• Operating system

This data is not stored together with other personal data belonging to you.

This data serves the purpose of delivering our website to you in a user-friendly, functional, and secure manner with features and content, as well as for its optimization and statistical evaluation. The legal basis for this is our legitimate interest in data processing pursuant to Art. 6 (1) sentence 1 (f) GDPR.

For security reasons, we store this data in server log files for a storage period of 90 days. After this period, it is automatically deleted, unless continued retention is required for evidentiary purposes in the event of attacks on the server infrastructure or other legal infringements.

Cookies

We use cookies when you visit our website. Cookies are small text files that your internet browser places and stores on your computer. When you visit our website again, these cookies yield information to recognize you automatically. The information obtained in this way serves the purpose of optimizing our web offerings technically and economically, and providing you with easier and safer access to our website.

When accessing our website, we inform you about the use of cookies for the aforementioned purposes and how you can object to them or prevent their storage ("opt-out") by referring to our privacy policy. Our website uses session cookies, persistent cookies, and third-party cookies:

• Session Cookies: We use session cookies to recognize multiple uses of an offer by the same user (e.g., when you have logged in to determine your login status). When you visit our site again, these cookies yield information to recognize you automatically. The information obtained serves to optimize our offers and facilitate your access to our site. When you close the browser or log out, session cookies are deleted.

• Persistent Cookies: These are automatically deleted after a specified duration, which may differ depending on the cookie. You can delete cookies at any time in the security settings of your browser.

• Third-Party Cookies: According to your preferences, you can configure your browser settings and, for example, refuse the acceptance of third-party cookies or all cookies. However, please note that you may then not be able to use all functions of this website. Read more about these cookies in the respective privacy policies of the third-party providers.

The legal basis for this processing is Art. 6 (1) sentence 1 (b) GDPR if the cookies are set to initiate a contract; otherwise, we have a legitimate interest in the effective functionality of the website, making Art. 6 (1) sentence 1 (f) GDPR the legal basis.

Objection and "Opt-Out": You can generally prevent cookies from being saved to your hard drive by selecting "do not accept cookies" in your browser settings. However, this may result in functional limitations of our services. You can object to the use of third-party cookies for advertising purposes via an opt-out on this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/uk/your-ad-choices).

Performance of Contracts / Executive Search & Recruitment

We process master data (e.g., company, title/academic degree, names, addresses, and contact details of users, email), contractual data (e.g., services used, names of contact persons), and payment data (e.g., bank details, payment history) for the purpose of fulfilling our contractual obligations (knowing who our contractual partner is; establishing, defining content, and executing the contract; verifying data plausibility), initiating executive search and recruitment offers, and service provisions pursuant to Art. 6 (1) sentence 1 (b) GDPR.

As part of our recruitment and executive search services, we store the personal data, CV, and other documents of candidates in order to provide tailored career advisory services and to identify the best matching job opportunities for candidates through comparative evaluation. Furthermore, we evaluate anonymized data for statistical purposes.

Personal data is only passed on to a potential future employer for whose open position the candidate has applied. Data is shared exclusively after prior consent.

Inputs marked as mandatory in online forms are required for the conclusion of contracts or the execution of search/recruitment mandates.

A transfer of this data to third parties generally does not take place, unless it is necessary for the prosecution of our claims (e.g., referral to an attorney for debt collection), for the performance of the contract (e.g., transfer of data to payment service providers), or if there is a legal obligation to do so pursuant to Art. 6 (1) sentence 1 (c) GDPR.

We may also process the data provided by you to inform you about other interesting products and services from our portfolio or to send you emails containing technical information.

The data will be erased as soon as it is no longer required to achieve the purpose of its collection. For master and contractual data, this is the case when the data is no longer needed for the execution of the contract or executive search mandate and no further claims can be asserted under the contract because they are time-barred (warranty: two years / regular limitation period: three years). Based on commercial and tax law requirements, we are obliged to store your address, payment, and order data for a period of ten years. However, upon contract termination, we restrict processing after three years—meaning your data will only be used to comply with statutory obligations. Data in user accounts remains stored until the account is deleted.

Contact via Contact Form / Email / Fax / Postal Mail

When contacting us via contact form, application form, fax, postal mail, or email, your details will be processed for the purpose of handling the contact request.

If consent has been granted, the legal basis for processing the data is Art. 6 (1) sentence 1 (a) GDPR. The legal basis for processing data transmitted in the course of a contact request, submitting an application form, an email, a letter, or a fax is Art. 6 (1) sentence 1 (f) GDPR. The Controller has a legitimate interest in processing and storing the data in order to answer user inquiries, preserve evidence for liability reasons, and, if necessary, comply with statutory retention obligations for business correspondence. If the contact aims at concluding a contract or providing search and consulting services, the additional legal basis for processing is Art. 6 (1) sentence 1 (b) GDPR.

We may store your details and contact request in our Customer Relationship Management ("CRM System") or a comparable system.

The data will be erased as soon as it is no longer required to achieve the purpose of its collection or provision. For personal data from the input mask of the contact form, candidate registration forms, and data sent by email, this is the case when the respective conversation and any associated services (e.g., executive search/recruitment) with you have ended. The conversation and associated services are deemed ended when it can be inferred from the circumstances that the matter in question has been fully resolved. Inquiries from users who hold an account or contract with us are stored until six years after contract termination or mandate completion. In the case of statutory archiving obligations, erasure takes place after their expiry: end of commercial (6 years) and tax (10 years) retention obligations.

You have the option at any time to revoke your consent under Art. 6 (1) sentence 1 (a) GDPR for the processing of personal data. If you contact us by email, you can object to the storage of your personal data at any time.

Google Analytics

We have integrated the web analytics tool "Google Analytics" (Google Ireland Limited, Register No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) into our website.

When you visit our website, Google places a cookie on your computer to analyze your use of our website. The data obtained is transmitted to the USA and stored there. If personal data is transferred to the USA, Google's certification under the Privacy Shield framework (https://www.privacyshield.gov/EU-US-Framework) guarantees compliance with European data protection law.

We have activated the IP anonymization function "anonymizeIP", whereby IP addresses are only processed in truncated form. On this website, your IP address will therefore be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before transmission. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website and internet usage to the Controller. Furthermore, we have activated cross-device analysis of website visitors, which is carried out via a so-called User ID. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. The use of Google Analytics serves the purpose of analyzing, optimizing, and improving our website.

The legal basis for this is our legitimate interest in data processing pursuant to Art. 6 (1) sentence 1 (f) GDPR.

The data sent by us and linked to cookies, user identifiers (e.g., User ID), or advertising IDs will be automatically deleted after 36 months. Data whose retention period has been reached is automatically deleted once a month.

Further information on data usage in Google Analytics can be found here:

• Google Analytics Terms of Service

• Google Analytics Privacy Overview

• Google Privacy Policy

Objection and "Opt-Out": You can generally prevent the storage of cookies on your hard drive by selecting "do not accept cookies" in your browser settings. However, this may limit the functionality of our services. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website, as well as the processing of this data by Google, by downloading and installing the browser plugin available at: http://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser plugin above, you can prevent collection by Google Analytics by clicking [__please insert your website's Analytics Opt-Out Link here__]. Clicking this link will set an "opt-out cookie" that prevents the future collection of your data when visiting this website. This cookie is only valid for our website and your current browser and remains active until you delete your cookies. In that case, you would need to set the cookie again.

You can deactivate cross-device user analysis in your Google account under "My Account > Personal info".

Social Media Presence

We maintain profiles on social media networks to communicate with registered users active on those platforms and to inform them about our services and offerings. US providers are certified under the Privacy Shield framework and are thereby obliged to comply with European data protection standards. When visiting and accessing our profile on the respective network, the privacy notices and terms of use of the respective network apply.

We process the data you send us via these networks to communicate with you and answer your messages.

The legal basis for processing personal data is our legitimate interest in communicating with users and our public corporate presentation for marketing purposes pursuant to Art. 6 (1) sentence 1 (f) GDPR. If you have given consent to the operator of the social network for processing your personal data, the legal basis is Art. 6 (1) sentence 1 (a) and Art. 7 GDPR.

The privacy policies, information requests, and opt-out options of the respective networks can be found here:

• LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland)

  • Privacy Policy: https://www.linkedin.com/legal/privacy-policy

  • Cookie Policy & Opt-Out: https://www.linkedin.com/legal/cookie-policy

  • Privacy Shield of US parent LinkedIn Inc.: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active

Data Protection for Applications and Job Openings at Thronsberg Consulting GmbH

Applications for open positions within our company sent to us electronically or by post will be processed electronically and manually for the purpose of carrying out the application process.

The legal bases for processing are Art. 6 (1) sentence 1 (b) GDPR and Sec. 26 of the revised German Federal Data Protection Act (BDSG).

If an employment relationship is entered into with the applicant following the completion of the application process, the candidate data will be stored in compliance with relevant data protection regulations. If no job offer is made following the conclusion of the application process, your submitted application letter and documents will be erased 12 months after the rejection is sent, in order to meet potential claims and evidentiary obligations under the German General Equal Treatment Act (AGG).

Rights of the Data Subject

Objection to or Revocation of Consent for Data Processing

To the extent that processing is based on your consent pursuant to Art. 6 (1) sentence 1 (a), Art. 7 GDPR, you have the right to revoke your consent at any time. The lawfulness of processing carried out on the basis of consent up to the point of revocation remains unaffected.

To the extent that we base the processing of your personal data on a balancing of interests pursuant to Art. 6 (1) sentence 1 (f) GDPR, you may object to the processing. This is the case if processing is, in particular, not required to fulfill a contract with you, as outlined in the description of functions. When exercising such an objection, we ask you to state the reasons why we should not process your personal data as conducted by us. In the event of a justified objection, we will examine the situation and will either cease or adapt data processing, or demonstrate our compelling legitimate grounds for continuing processing.

You can object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise this right of objection free of charge. You can inform us of your objection to advertising using the following contact details:

Thronsberg Consulting GmbH

Myliusstraße 50

60323 Frankfurt am Main, Germany

Managing Director: Constantin Trapp

Fax: +49 32223715166

Email: datenschutz@thronsberg.com

Right of Access

You have a right of access to your personal data stored by us pursuant to Art. 15 GDPR. This includes, in particular, information regarding the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, and the origin of your data if it was not collected directly from you.

Right to Rectification

You have a right to rectification of inaccurate data or completion of incomplete data pursuant to Art. 16 GDPR.

Right to Erasure

You have a right to the erasure of your personal data stored by us pursuant to Art. 17 GDPR, unless statutory or contractual retention periods or other legal obligations/rights for further storage prevent such erasure.

Right to Restriction of Processing

You have the right to request a restriction of processing of your personal data if one of the conditions in Art. 18 (1) (a) to (d) GDPR is met:

1. If you contest the accuracy of personal data relating to you for a period enabling the Controller to verify the accuracy of the personal data;

2. The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;

3. The Controller no longer needs the personal data for the purposes of processing, but you require it for the establishment, exercise, or defense of legal claims; or

4. If you have objected to processing pursuant to Art. 21 (1) GDPR pending verification of whether the legitimate grounds of the Controller override yours.

Right to Data Portability

You have a right to data portability under Art. 20 GDPR, meaning that you can receive the personal data stored about you with us in a structured, commonly used, and machine-readable format, or request its transmission to another controller.

Right to Lodge a Complaint

You have a right to lodge a complaint with a supervisory authority. As a rule, you may contact the supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement.

Data Security

To protect all personal data transmitted to us and to ensure that data protection regulations are complied with by us as well as our external service providers, we have implemented appropriate technical and organizational security measures (TOMs). Therefore, among other measures, all data between your browser and our server is transmitted in encrypted form via a secure SSL connection.

Quelle: JuraForum.de / Thronsberg Human Capital GmbH