Legal notice 2018-07-28T22:26:13+02:00

Legal Notice (According to § 5 TMG)

Contentual responsibility

 caratperform AG
Kehrstr. 12
3904 Naters
Schweiz
Tel +41 (0)27 921 1190
Fax +41 (0)27 921 1199
E-Mail: info@caratperform.de
Web: www.caratperform.com
Administrative board: Michael Lobecke
UID Nummer: 229.875.641

Dispute Settlement

The European Commission provides an online dispute resolution platform (ODR) under: https://ec.europa.eu/consumers/odr.

You will find our email address in our legal notice stated above. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

Liability for external links

Our website contains links to external third-party websites. However, we have no influence whatsoever on the contents of those websites, which is why we cannot assume liability for those external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. At the time of linking, these pages were checked for possible legal infringements. Illegal contents were not detected at the time of linking.  However, permanent monitoring of the linked websites without concrete evidence of unlawful content is not reasonable.  We will remove the respective link immediately should any legal infringement become known to us.

Copyright

All contents and works displayed on these pages which were created by the site operators are subject to German copyright law. The reproduction, processing, distribution or any kind of utilization of those contents beyond the limitations of applicable copyright laws require the written consent of the respective author or creator. Downloads and copies of this site are permitted for private and non-commercial use only. For contents displayed on this website that were not created by the operator, the copyrights of third parties are to be respected. Contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. Upon notification of any violations, we will remove the respective content immediately.

Data protection statement

1. Data protection: an overview

1.1 General notes

The following general notes provide a simple overview of what happens to your personal data upon visiting our website(s). Personal data is any information that can be used to identify you as an individual. You will find detailed information on the subject of data protection in our privacy policy below.

1.2 Data collection on our website

1.2.1 Who is responsible for the collection of data on this website?

The website operator is responsible for the processing of data on this website. You will find the contact details of the website operator in this website’s legal notice stated above.

1.2.2 How do we collect your information?

To some extent, we collect data that you communicate to us.  This may be data that you enter in a contact form, for instance. Furthermore, your data is automatically collected by our IT systems upon visiting our website. This mainly includestechnical data (e.g. your internet browser, operating system or the time you accessed our website). This data is collected automatically as soon as you access our website.

1.2.3 What do we use your data for?

We collect your personal information primarily to fulfill our obligations to our customers. In this sense, we store and process your data in the context of the mandate you have given us.

1.2.4 What rights do you have regarding your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data at any time and free of charge. You also have the right to request the correction, blocking or deletion of this data.  If you have any further questions on the subject of data protection, feel free to contact us any time using the address stated in our legal notice above. Furthermore, you are entitled to appeal to the competent supervisory body.

1.2.5 Right to appeal to the competent supervisory body

In the event of a violation of data protection laws, the affected person has a right to appeal to the competent supervisory body. The responsible supervisory body for data protection issues is the data protection officer of the federal state which our company is based in. A list of data protection officers and their contact details can be found under the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_L…

1.2.6 Analysis tools and tools from third-party providors

When you visit our website, your surfing behavior can be statistically evaluated. This happens mainly with cookies and with so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior can not be traced back to you. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

2. General and compulsory information

2.1 Data protection

The operators of these pages take the protection of your personal data very seriously.  We treat your personal data confidentially and in accordance with the statutory data protection regulations as well as this privacy policy.

Upon using this website, various types of personal data will be collected. Personal information refers to any data that can be used to identify you as an individual. This privacy policy explains what information we collect and what we use it for. It also explains the manner and purpose of data collection. Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access cannot be guaranteed.

2.2 Information on the party responsible for data processing

The party responsible for data processing on this website is:

caratperform AG
Kehrstr. 12
3904 Naters/Schweiz
Tel +41 (0)27 921 1190
E-Mail: info@caratperform.de

The responsible party is the natural or legal person that, alone or jointly with others, decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

2.3 Revocation of your consent to data processing

Many data processing processes can only be implemented based on your express consent.  You can revoke your consent at any time. All you need to do is send us an informal notification via e-mail. The lawfulness of data processing up to the revocation remains unaffected by the revocation.

2.4 Right to data portability

You have the right to have data which is processed by us based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a commonly used and machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

2.5 SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content such as orders or requests that you send to us as the site operator.

You can recognize an encrypted connection in your browser’s address line as it changes from “http://” to “https://”, also displaying a lock icon in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be accessed by third parties.

2.6 Information, blocking, deletion

You have the right to receive free information about your stored personal data, their origin and recipients and the purpose of data processing and, if necessary, a right to correction, blocking or deletion of this data at any time within the scope of the applicable legal provisions.  Feel free to contact us any time under the address stated in our legal notice above if you have any further questions on the subject of personal data.

3. Data protection officer

Statutory data protection officer

We have appointed an external data protection officer for our company who can be reached under the following contact details:

Rainer Benne

Benne Consulting GmbH
Compliance | Datenschutz | Forensik | Sicherheit
Postfach 45
71718 Oberstenfeld
Email.: rainer.benne@benne-consulting.de

4. Data collection on our website

4.1. Cookies

Some of the pages belonging to our website use so-called cookies.  Cookies do not cause any damage to your computer and do not contain any viruses. They merely serve to make our website more user-friendly, effective and secure.  Cookies are small text files that are stored on your computer and saved by your browser. Most cookies used by us are so-called “session cookies”. They are automatically deleted at the end of your visit to our website. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser the next time you visit our website. You can change the settings of your browser to receive information about the storage of cookies, only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. Please note, however, that the functionality of this website may be limited if cookies are deactivated. Cookies that are necessary to carry out electronic communication processes or to provide certain functions desired by you (e.g. shopping basket function) are stored pursuant to Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest to store cookies in order to guarantee an error-free and optimized access to his services. Other cookies (e.g. cookies used to analyze your surfing behavior) stored by us will be addressed separately in this privacy policy.

4.2 Server log files

The provider of the website automatically collects and stores information by means of so-called server log files, which are automatically transmitted to us by your browser. These include:

  • browser type and browser version
  • operating system used
  • referrer URL
  • host name of the accessing computer
  • time of the server request
  • IP address

These data are not pooled with other data sources. The basis for data processing is Art. 6 para. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

4.3 Contact form

If you send us a request by using the contact form, the details including the contact data you entered will be stored for the purpose of processing your request and responding to potential follow-up questions. We will not pass on this data without your express consent.

The data entered in the contact form is therefore processed exclusively on the basis of your previously given consent (Art. 6 para. 1 lit. a GDPR). You can revoke this consent at any time. All you need to do is send us an informal notification via e-mail. The lawfulness of data processing up to the revocation remains unaffected by the revocation.

All data you provided in the contact form will be stored by us until you request their deletion, your consent for storage is revoked or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions – in particular retention periods – remain unaffected by this.

5. Analytics tools and advertisement

5.1 Google Analytics

This website uses features provided by web analytics service Google Analytics. The service is provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called “cookies”. Cookies are text files that are stored on your computer, enabling us to analyze your use of our website. The information concerning your use of this website generated by the cookie is usually transmitted to and stored by Google’s servers in the United States. Cookies used by Google Analytics are stored pursuant to Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both his website and advertisement displayed on his website.

5.2 Facebook social plug-ins

Our website uses social plug-ins (“plug-ins”) provided by the social network facebook.com, which is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”).

The plug-ins are marked with a Facebook logo or the reference “Facebook Social Plug-In”. Upon visiting a page on our website that contains such a plug-in, your browser will establish a direct connection to Facebook’s servers. The content of the plug-in is transmitted directly from Facebook to your browser and integrated into the website. By integrating the plug-ins, Facebook is informed about your access to the corresponding page of our website. If you are logged in to Facebook, Facebook can assign the website visit to your Facebook account. If you interact with the plug-ins, for example by clicking on the “Like” button or by commenting on a post, the corresponding information is transmitted directly from your browser to Facebook and stored there. The purpose and scope of data collection, the further processing and use of the data by Facebook as well as your individual rights and the possibilities to change your individual settings to protect your privacy can be found in the Facebook privacy policy. If you want to prevent Facebook from collecting your data through our website, you must log out of Facebook before visiting our website.

5.3 Doubleclick by Google

Doubleclick by Google is a service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Doubleclick by Google uses cookies to show you advertisement that might be relevant for you. Your browser is assigned a cookie ID to track which ads are displayed in your browser or accessed by you. These cookie IDs do not contain any personal information. The use of Facebook’s “Like” buttons for DoubleClick cookies merely enables Google and its partner websites to display ads based on previous visits to our website or other websites on the Internet. All information generated by the cookies are transmitted to and stored by Google’s servers in the United States for the purpose of analysis. Google complies with the privacy regulations of the US Safe Harbor Agreement and is registered with the US Department of Commerce’s Safe Harbor Framework. A transfer of data by Google to third parties is only done to fulfill statutory obligations or carried out within the scope of data processing agreements. Under no circumstances will Google pool your data with other data it has collected. By using our website, you agree to the processing of your data collected by Google as well as to the aforementioned manner and stated purpose of data processing. You may refuse the use of cookies by selecting the appropriate settings in your browser.

5.4 IP anonymization

We have enabled IP anonymization on this website. As a result, only an abbreviated version of your IP address will be used by Google in member states of the European Union or in other countries party to the Agreement on the European Economic Area before being transmitted to the United States. Your full IP address will only be transmitted to and abbreviated by a Google server in the United States in exceptional cases. On behalf of the operator of this website, Google will use this information to analyze your use of the website, to create reports on website activity and to provide the website operator with other services relating to website and internet use.

The IP address transmitted by your browser to the Google Analytics tool will not be pooled with other Google data.

5.5 Browser plug-ins

You may refuse the storage of cookies by selecting the respective settings in your browser. However, please note that you may not be able to use all features offered by this website in this case. You can also prevent Google from collecting data generated by cookies and data relating to your use of the website (including your IP address) as well as prevent Google from processing this data by downloading and installing the browser plug-in available under the following link:

https://tools.google.com/dlpage/gaoptout?hl=en

5.6 Objection to data collection

You can prevent Google Analytics from collecting your data by clicking on the following link: Disable Google Analytics.

As a result, a so-called opt-out cookie is stored on your computer which prevents the collection of your data during future visits to this website. More information on the handling of user data by Google Analytics can be found in Google’s privacy policy.

5.7 Data processing agreements (DPA)

We signed a data processing agreement (DPA) with Google and fully comply with the strict requirements of the german data protection authorities regarding the use of Google Analytics.