Privacy statement

initiation

With the following privacy policy, we would like to explain to you what types of your personal data (hereinafter also referred to as “data”) we process for what purposes and to what extent. The privacy policy applies to all processing of personal data carried out by us, both as part of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offer”).

As of August 5, 2019

Table of contents
  • initiation
  • person responsible
  • Overview of processing
  • Contact data protection officer
  • Relevant legal bases
  • Safety measures
  • Use of cookies
  • Commercial and business services
  • Blogs and publication media
  • Provision of online services and web hosting Online marketing
  • Presences on social networks
  • Plug-ins and embedded functions as well as content deletion of data
  • Amendment and update of the privacy policy Rights of data subjects
  • Definitions of terms
  • Data protection information for applicants
person responsible

the peak lab. GmbH & Co. KG
Sascha Derschewsky
Heiligengeiststrasse 6-8
26121 Oldenburg
Authorized representatives: Sascha Derschewsky, Jens Laekamp
email address: hello@thepeaklab.com
Telephone: +49 441 68 30 91 38

Contact data protection officer

Ingenieurbüro Derschewsky GbR
Nicolas Derschewsky
Alpenrosenweg 4
26127 Oldenburg
email address: datenschutz@ib-derschewsky.de
Telephone: +49 175 5272918

Overview of processing
Types of data processed
  • Inventory data (e.g. names, addresses).
  • Content data (e.g. text entries, photographs, videos).
  • contact details (e.g. e-mail, telephone numbers).
  • Meta/communication data (e.g. device information, IP addresses).
  • usage data (e.g. websites visited, interest in content, access times).
  • Contract data (e.g. subject matter of contract, duration, customer category).
  • Payment data (e.g. bank details, invoices, payment history).
Categories of affected persons
  • Business and contract partners.
  • interested parties.
  • communication partner.
  • users (e.g. website visitors, users of online services).
Purposes of processing
  • Provision of our online offering and user-friendliness.
  • Visit action evaluation.
  • Office and organizational procedures.
  • Direct marketing (e.g. via email or post).
  • Feedback (e.g. collecting feedback via online form).
  • Interest-based and behavioral marketing.
  • Contact requests and communication.
  • Conversion measurement (measurement of the effectiveness of marketing measures).
  • profiling (creating user profiles).
  • Remarketing.
  • Reach measurement (e.g. access statistics, recognition of returning visitors).
  • Tracking (e.g. interest/behavioural profiling, use of cookies).
  • Contractual benefits and service.
  • Managing and responding to inquiries.
Relevant legal bases

In the following, we share the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process personal data. Please note that, in addition to the provisions of the GDPR, national data protection requirements may apply in your or our country of residence and place of residence.

  • Consent (Art. 6 (1) (a) GDPR) - The data subject has given consent to the processing of personal data concerning him or her for a specific purpose or several specific purposes.
  • Contract performance and pre-contractual inquiries (Art. 6 (1) (b) GDPR) - Processing is necessary for the performance of a contract to which the data subject is a party or to carry out pre-contractual measures taken at the request of the data subject.
  • Legal obligation (Art. 6 (1) (c) GDPR) - Processing is necessary to fulfill a legal obligation to which the person responsible is subject.
  • Legitimate interests (Art. 6 (1) (f) GDPR) - Processing is necessary to protect the legitimate interests of the controller or of a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail.

National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act — BDSG). In particular, the BDSG contains special rules on the right to information, the right to deletion, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission and automated decision-making in individual cases, including profiling. It also regulates data processing for employment purposes (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. In addition, state data protection laws of the individual federal states may apply.

Safety measures

In accordance with legal requirements, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, transfer, availability and separation of data relating to it. We have also set up procedures that ensure the exercise of data subject rights, the deletion of data and responses to the data being compromised. In addition, we take the protection of personal data into account when developing or selecting hardware, software and processes in accordance with the principle of data protection, through technology design and through privacy-friendly default settings.
SSL encryption (https): In order to protect your data transmitted via our online offering, we use SSL encryption. You can recognize such encrypted connections by the prefix https://in the address bar of your browser.

Use of cookies

“Cookies” are small files that are stored on users' devices. Cookies can be used to store various types of information. The information may include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was watched.
Cookies are usually also used when a user's interests or behavior (e.g. viewing certain content, using functions, etc.) are stored in a user profile on individual websites. Such profiles are used, for example, to show users content that matches their potential interests. This process is also known as “tracking”, i.e. tracking the potential interests of users. The term cookies also includes other technologies that perform the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also known as “user IDs”).
If we use cookies or “tracking” technologies, we will inform you separately in our privacy policy.

Information on legal bases: The legal basis on which we process your personal data using cookies depends on whether we ask you for consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is consent. Otherwise, the data processed using cookies will be processed on the basis of our legitimate interests (e.g. in operating our online offering and improving it) or if the use of cookies is necessary to fulfill our contractual obligations.

Withdrawal and objection (opt-out): Regardless of whether the processing is based on consent or legal permission, you have the option at any time to withdraw your consent or to object to the processing of your data through cookie technologies (collectively referred to as “opt-out”).
You can first declare your objection using your browser settings, e.g. by deactivating the use of cookies (which may also restrict the functionality of our online offering).
An objection to the use of cookies for online marketing purposes can be made using a variety of services, especially in the case of tracking,
via the US site http://www.aboutads.info/choices/
or the EU site http://www.youronlinechoices.com/
or generally on http://optout.aboutads.info be explained.

Processing cookie data based on consent: Before we process or have data processed as part of the use of cookies, we ask users for consent that can be withdrawn at any time. Before consent has not been given, cookies may be used, which are necessary for the operation of our online offer. They are used on the basis of our interest and users' interest in the expected functionality of our online offering.

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  • Types of data processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services).
  • legal bases: Consent (Art. 6 para. 1 p. 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 p. f. GDPR).
Commercial and business services

We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the framework of contractual and comparable legal relationships and related measures and as part of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.

We process this data to fulfill our contractual obligations, to secure our rights and for the purposes of administrative tasks associated with this information and corporate organization. Within the framework of applicable law, we only pass on the data of the contractual partners to third parties insofar as this is necessary for the aforementioned purposes or to fulfill legal obligations or with the consent of the contractual partners (e.g. to participating telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Contractual partners will be informed about other forms of processing, e.g. for marketing purposes, as part of this privacy policy.

We inform the contractual partners which data is required for the above purposes before or as part of data collection, e.g. in online forms, through special identification (e.g. colors) or symbols (e.g. asterisks, etc.), or personally.

We delete the data after expiry of legal warranty and comparable obligations, i.e., generally after 4 years, unless the data is stored in a customer account, e.g. as long as it must be kept for archiving legal reasons (e.g. for tax purposes, usually 10 years). We delete data that has been disclosed to us as part of an order by the contractual partner in accordance with the requirements of the order, generally after the end of the order.

Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between users and providers.

agency services: We process our clients' data as part of our contractual services, which may include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes, handling, server administration, data analysis/consulting services and training services.

Consulting: We process the data of our clients, clients and interested parties and other clients or contract partners (uniformly referred to as “clients”) in order to be able to provide them with our consulting services. The processed data, the type, scope, purpose and necessity of their processing are determined by the underlying contractual and client relationship.
If this is necessary for our contract performance, to protect vital interests or by law, or if there is consent from the clients, we disclose or transfer the clients' data to third parties or agents, such as authorities, subcontractors or in the area of IT, office or comparable services, in compliance with professional requirements.

mobile application: We process the data of users of our apps, registered and any test users (hereinafter uniformly referred to as “users”) in order to be able to provide them with our contractual services and on the basis of legitimate interests to ensure the security of our app and to be able to further develop it. The required information is marked as such in the context of the use, order, order or comparable contract conclusion and may include the information required for the provision of services and for any billing as well as contact information in order to be able to hold any consultations. Insofar as our apps are purchased from platforms from other providers (e.g. Apple App Store or GooglePlay), the terms and conditions and data protection notices of the respective platforms apply in the relationship between users and providers.

Technical services: We process the data of our customers and clients (hereinafter uniformly referred to as “customers”) to enable them to select, purchase or commission the selected services or works as well as related activities as well as their payment and delivery, execution or provision.
The required information is marked as such in the context of the conclusion of an order, order or comparable contract and includes the information required for service provision and billing as well as contact information in order to be able to hold any consultations.

  • Types of data processed: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. e-mail, telephone numbers), contract data (e.g. subject of contract, duration, customer category).
  • Affected persons: Interested parties, business and contract partners.
  • Purposes of processing: Contractual services and service, contact requests and communication, office and organizational procedures, administration and response to inquiries.
  • legal bases: Contract performance and pre-contractual inquiries (Article 6 (1) (b) GDPR), legal obligation (Article 6 (1) (c) GDPR), legitimate interests (Article 6 (1) (f)).
Blogs and publication media

We use blogs or comparable means of online communication and publication (hereinafter “publication medium”). Readers' data is processed for the purposes of the publication medium only to the extent necessary for its presentation and communication between authors and readers or for security reasons. In addition, we refer to the information on the processing of visitors to our publication medium within the framework of this data protection policy.

Provision of online services and web hosting

In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers, from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage and database services, as well as security services and technical maintenance services.
The data processed as part of providing the hosting service may include all information relating to users of our online offer that is generated in the course of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the content of online offers to browsers, and all entries made within our online offering or from websites.

‍Email delivery and hosting: The web hosting services we use also include sending, receiving and storing emails. For these purposes, the addresses of recipients and senders as well as other information regarding email delivery (e.g. the providers involved) and the content of the respective emails are processed. The above data may also be processed for the purpose of detecting SPAM. Please note that emails on the Internet are generally not sent in encrypted form. As a rule, emails are encrypted during transport, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. We can therefore assume no responsibility for the transmission path of emails between the sender and receipt on our server.

‍Collection of access data and log files: We ourselves (or our web hosting provider) collect data every time we access the server (so-called server log files). The server log files may include the address and name of the retrieved websites and files, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.
The server log files can be used, on the one hand, for security purposes, e.g. to avoid server overloading (especially in the case of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure server load and stability.

  • Types of data processed: Content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services).
  • legal bases: Legitimate interests (Art. 6 (1) (f) GDPR).
online marketing

We process personal data for online marketing purposes, including in particular the presentation of advertising and other content (collectively referred to as “content”) based on the potential interests of users and to measure their effectiveness.

For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar procedures are used, by means of which the user information relevant to the presentation of the aforementioned content is stored. This information may include, for example, content viewed, websites visited, online networks used, but also communication partners and technical information, such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this can also be processed.

The IP addresses of users are also stored. However, we use IP masking methods (i.e. pseudonymization by shortening the IP address) to protect users. In general, as part of the online marketing process, no clear user data (such as e-mail addresses or names) is stored, but pseudonyms. This means that we as well as the providers of online marketing processes do not know the actual identity of the users, but only the information stored in their profiles.

The information in the profiles is usually stored in cookies or using similar procedures. These cookies can generally also be read out and analysed for the purpose of presenting content on other websites that use the same online marketing process, as well as supplemented with further data and stored on the server of the online marketing process provider.

As an exception, plain data can be assigned to the profiles. This is the case if the users are, for example, members of a social network whose online marketing process we use and the network connects the users' profiles using the above information. Please note that users can make additional agreements with providers, e.g. through consent as part of registration.

In principle, we only have access to summarized information about the success of our advertisements. However, as part of so-called conversion measurements, we can check which of our online marketing processes have led to a so-called conversion, i.e. to the conclusion of a contract with us, for example. Conversion measurement is used solely to analyze the success of our marketing measures.

‍Information on legal bases: If we ask users for their consent to use third-party providers, the legal basis for processing data is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.

  • Types of data processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services), interested parties.
  • Purposes of processing: Tracking (e.g. interest/behavioral profiling, use of cookies), remarketing, visit action evaluation, interest-based and behavioral marketing, profiling (creating user profiles), conversion measurement (measuring the effectiveness of marketing measures), reach measurement (e.g. access statistics, recognition of returning visitors).
  • Safety measures: IP masking (pseudonymization of the IP address).
  • legal bases: Consent (Art. 6 para. 1 p. 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 p. f. GDPR).
  • Objection option (opt-out): We refer to the data protection policies of the respective providers and the objection options provided to the providers (so-called “opt-out”). If no explicit opt-out option has been specified, it is possible, on the one hand, to switch off cookies in your browser settings. However, this may restrict the functions of our online offering. We therefore recommend the following additional opt-out options, which are offered in summary for respective areas:
    a) Europe: https://www.youronlinechoices.eu
    ‍    b) Canada: https://www.youradchoices.ca/choices
    ‍    c) USA: https://www.aboutads.info/choices
    ‍    d) Across territories: http://optout.aboutads.info


Services and service providers used:

Presences on social networks

We maintain online presences within social networks in order to communicate with users active there or to offer information about us there.

We would like to point out that user data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users' rights. With regard to US providers who are certified under the Privacy Shield or offer comparable guarantees of a secure level of data protection, we would like to point out that they are committed to complying with EU data protection standards.

Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, user profiles can be created based on user behavior and the resulting interests of users. The user profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably match the interests of users. For these purposes, cookies are usually stored on users' computers, in which user behavior and interests are stored. In addition, data can also be stored in the user profiles regardless of the devices used by the users (in particular if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the options for objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.
Even in the case of requests for information and the assertion of data subject rights, we would like to point out that these can be asserted most effectively with the providers. Only the providers have access to user data and can directly take appropriate measures and provide information. Should you still need help, you can contact us.

  • Types of data processed: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Contact requests and communication, tracking (e.g. interest/behavioral profiling, use of cookies), remarketing, reach measurement (e.g. access statistics, recognition of returning visitors).
  • legal bases: Legitimate interests (Art. 6 (1) (f) GDPR).


Services used and service providers:

Plug-ins and embedded features and content

We integrate functional and content elements into our online offering, which are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These may include, for example, graphics, videos or social media buttons as well as contributions (hereinafter uniformly referred to as “content”).
Integration always requires that the third-party providers of this content process the users' IP addresses, as they would not be able to send the content to their browsers without the IP address. The IP address is therefore required to display these contents or functions. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties can also use so-called pixel tags (invisible graphics, also known as 'web beacons”) for statistical or marketing purposes. Through the 'pixel tags, 'information, such as visitor traffic on the pages of this website, can be evaluated. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and the operating system, referring websites, the time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.
Information on legal bases: If we ask users for their consent to use third-party providers, the legal basis for processing data is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.

  • Types of data processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text inputs, photographs, videos).
  • Affected persons: Users (e.g. website visitors, users of online services), communication partners.
  • Purposes of processing: Provision of our online offering and usability, contractual services and services, contact requests and communication, direct marketing (e.g. by e-mail or post), tracking (e.g. interest/behavioural profiling, use of cookies), interest-based and behavioural marketing, profiling (creation of user profiles).
  • legal bases: Legitimate interests (Article 6 (1) (f) GDPR), consent (Article 6 (1) (a) GDPR).

Services and service providers used:
  • Google Fonts: We integrate fonts (“Google Fonts”) from the provider Google, where user data is used solely for the purpose of displaying the fonts in the user's browser. The integration is based on our legitimate interests in the technically secure, maintenance-free and efficient use of fonts, their uniform presentation and taking into account possible licensing restrictions for their integration. Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://fonts.google.com/; Privacy statement: https://policies.google.com/privacy; Privacy Shield (ensuring a level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000TRkEAAW&status=Active.
  • Vimeo: Vimeo - video platform; service provider: Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA; website: https://vimeo.com; Privacy statement: https://vimeo.com/privacy; Opt-out option: We would like to point out that Vimeo can use Google Analytics and refer to the privacy policy (https://policies.google.com/privacy) and the opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de ') or Google's settings for data use for marketing purposes (https://adssettings.google.com/)..
Deletion of data

The data processed by us will be deleted in accordance with legal requirements as soon as their consent permitted for processing is withdrawn or other permits no longer apply (e.g. if the purpose of processing this data has ceased or it is not necessary for the purpose). If the data is not deleted because it is necessary for other and legally permissible purposes, its processing will be limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.
Further information on the deletion of personal data can also be provided as part of the individual data protection notices in this privacy policy.

Amendment and update of the privacy policy

We ask you to regularly check the content of our privacy policy. We will adjust the privacy policy as soon as changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

Rights of data subjects

As a data subject, you have various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 of the GDPR:

  • Right of objection: For reasons arising from your particular situation, you have the right to object at any time to the processing of personal data concerning you, which is carried out on the basis of Article 6 (1) (e) or f GDPR; this also applies to profiling based on these provisions. If the personal data concerning you is 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 marketing; this also applies to profiling, insofar as it is associated with such direct marketing.
  • Right of withdrawal in case of consent: You have the right to withdraw your consent at any time.
  • Right to information: You have the right to request confirmation as to whether the relevant data is being processed and for information about this data as well as further information and a copy of the data in accordance with legal requirements.
  • Right to rectification: In accordance with legal requirements, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
  • Right to delete and restrict processing: In accordance with legal requirements, you have the right to request that data concerning you be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with legal requirements.
  • Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with legal requirements or to request that it be transmitted to another person responsible.
  • Complaint to supervisory authority: In accordance with legal requirements, you also have the right to contact a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you believe that the processing of personal data concerning you is contrary to the GDPR.
Definitions of terms

This section provides an overview of the terms used in this privacy statement. Many of the terms are taken from law and are defined primarily in Article 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended for understanding. The terms are sorted alphabetically.

  • Visit action evaluation: “Visit action evaluation” (English “conversion tracking”) refers to a process with which the effectiveness of marketing measures can be determined. For this purpose, a cookie is usually stored on the users' devices within the websites on which the marketing measures are carried out and then retrieved again on the target website. For example, this allows us to understand whether the ads we placed on other websites were successful).
  • IP masking: “IP masking” is a method in which the last octet, i.e. the last two numbers of an IP address, is deleted so that the IP address can no longer be used to uniquely identify a person. IP masking is therefore a means of pseudonymizing processing methods, particularly in online marketing
  • Interest-based and behavioral marketing: Interest-based and/or behavior-based marketing is when users' potential interests in ads and other content are predetermined as precisely as possible. This is done on the basis of information about their previous behavior (e.g. visits to and visits on certain websites, buying behavior or interaction with other users), which is stored in a so-called profile. Cookies are usually used for these purposes.
  • Conversion measurement: Conversion measurement is a method that can be used to determine the effectiveness of marketing measures. For this purpose, a cookie is usually stored on the users' devices within the websites on which the marketing measures are carried out and then retrieved again on the target website. For example, this allows us to understand whether the ads we placed on other websites were successful.
  • personal data: “Personal data “means any information relating to an identified or identifiable natural person (hereinafter “data subject “); an identifiable natural person is a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special characteristics that express the physical, physiological, genetic, psychological, economic, are the cultural or social identity of that natural person.
  • profiling: “Profiling” is any type of automated processing of personal data that consists of using this personal data to analyze, evaluate or predict certain personal aspects relating to a natural person (depending on the type of profiling, this includes information regarding age, gender, location data and movement data, interaction with websites and their content, shopping behavior, social interactions with other people) specific content or products, click behavior on a website or location). Cookies and web beacons are often used for profiling purposes.
  • Range measurement: Reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offer and can include visitors' behavior or interests in certain information, such as the content of websites. With the help of reach analysis, website owners can, for example, recognize at what time visitors visit their website and what content they are interested in. This allows them, for example, to better adapt the content of the website to the needs of their visitors. Pseudonymous cookies and web beacons are often used for audience analysis purposes to recognize returning visitors and thus obtain more detailed analyses of the use of an online offer.
  • Remarketing: We speak of “remarketing” or “retargeting” when, for example, for advertising purposes, it is noted which products a user was interested in on a website in order to remind the user of these products on other websites, e.g. in advertisements.
  • Tracking: We speak of “tracking” when the behavior of users can be traced across several online offerings. As a rule, behavioral and interest information with regard to the online offers used is stored in cookies or on servers of the providers of tracking technologies (so-called profiling). This information can then be used, for example, to show users advertisements that are likely to match their interests.
  • person responsible: “Responsible person” is the natural or legal person, authority, agency or other body which, alone or together with others, decides on the purposes and means of processing personal data.
  • workmanship: “Processing” means any process carried out with or without the aid of automated procedures or any such series of operations in connection with personal data. The term is broad and covers virtually any handling of data, whether collection, evaluation, storage, transmission or deletion.
Data protection information for applicants

Information on data protection about our processing of employee data in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR). Dear applicant,

Thank you for your interest in our company. In accordance with the requirements of Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of personal data provided by you as part of the application process and, if applicable, collected by us, as well as your data protection rights in this regard. To ensure that you are fully informed about the processing of your personal data as part of the application process, please take note of the information below.

Responsible body in terms of data protection law

the peak lab. GmbH & Co. KG
Sascha Derschewsky
Heiligengeiststrasse 6-8
26121 Oldenburg
Authorized representatives: Sascha Derschewsky, Jens Laekamp
email address: hello@thepeaklab.com
Telephone: +49 441 998726-0

CONTACT DETAILS OF OUR DATA PROTECTION OFFICER

Ingenieurbüro Derschewsky GbR
Nicolas Derschewsky
Alpenrosenweg 4
26127 Oldenburg
email address: datenschutz@ib-derschewsky.de
Telephone: +49 175 5272918

PURPOSES AND LEGAL BASES OF PROCESSING

We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG), insofar as this is necessary to decide whether to establish an employment relationship with us. The legal basis is Art. 88 DSGVO in conjunction with Section 26 BDSG required for employment purposes.

We may also process your personal data if this is necessary to fulfill legal obligations (Art. 6 para. 1 lit. c GDPR) or to defend and assert legal claims arising from the employment relationship. The legal basis for this is Article 6 (1) (f) GDPR. The legitimate interest is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

If you give us express consent to process personal data for specific purposes, this processing is lawful on the basis of your consent in accordance with Article 6 (1) (a) GDPR. Any consent given can be withdrawn at any time with effect for the future (see section 9 of this data protection information).

If there is an employment relationship between you and us, we may, in accordance with Article 88 GDPR in conjunction with Section 26 BDSG, further process the personal data already received from you for the purposes of the employment relationship, insofar as this is necessary to carry out or terminate the employment relationship or to exercise or fulfill the rights and obligations of representing the interests of employees arising from a law or a collective agreement, a company or service agreement (collective agreement).

CATEGORIES OF PERSONAL DATA

We only process data that is related to your application. This may include general information about you (name, address, contact details, etc.), information about your professional qualification and education, information about continuing vocational training and any other data that you submit to us in connection with your application.

SOURCES OF DATA

We process personal data that we have received from you by post or email as part of contacting us or applying.

RECIPIENTS OF DATA

Within our company, we only share your personal data with areas and persons who need this data to fulfill contractual and legal obligations or to implement our legitimate interest.

The data collected as part of the application is transmitted via TLS encryption and stored in a database. This database is operated by Personio GmbH, which offers personnel administration and applicant management software (https://www.personio.de/impressum/). In this context, Personio is our contract processor in accordance with Art. 28 GDPR. The basis for processing is a contract for order processing between us as the responsible body and Personio.

Otherwise, data will only be passed on to recipients outside the company if legal regulations permit or require this, the transfer is necessary for processing and therefore to fulfill the employment contract, and we have your consent.

TRANSFER TO A THIRD COUNTRY

A transfer to a third country is not intended.

DURATION OF DATA STORAGE

We store your personal data for as long as it is necessary to decide on your application. Your personal data or application documents will be deleted no later than six months after completion of the application process (e.g. notification of the rejection decision), unless longer storage is required or permitted by law. In addition, we only store your personal data to the extent required by law or in a specific case to assert, exercise or defend legal claims for the duration of a legal dispute.

If you have agreed to store your personal data for a longer period of time, we will store it in accordance with your declaration of consent.

If there is an employment, training or internship relationship following the application process, your data will continue to be stored, as far as necessary and permitted, and then transferred to the personnel file.

You may receive an invitation to join our talent pool following the application process. This allows us to continue to consider you when selecting suitable vacancies in the future. If we have received your consent, we will store your application data in our talent pool in accordance with your consent or, if applicable, future consents.

YOUR RIGHTS

Every data subject has the right to information under Article 15 GDPR, the right to correction under Article 16 GDPR, the right to deletion under Article 17 GDPR, the right to restrict processing under Article 18 GDPR, the right to notification under Article 19 GDPR and the right to data portability under Article 20 GDPR.

In addition, there is a right of appeal to a data protection supervisory authority under Article 77 GDPR if you believe that the processing of your personal data is not lawful. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

If the processing of data is based on your consent, you are entitled under Article 7 GDPR to withdraw your consent to the use of your personal data at any time. Please note that the revocation is only effective for the future. Processing that took place before the withdrawal is not affected. Please also note that we may have to store certain data for a certain period of time in order to comply with legal requirements (see section 8 of this data protection information).

Right to object

Insofar as your personal data is processed in accordance with Article 6 (1) (f) GDPR to protect legitimate interests, you have the right, in accordance with Article 21 GDPR, to object to the processing of this data at any time for reasons arising from your particular situation. We will then no longer process this personal data unless we can prove compelling legitimate reasons for processing. These must outweigh your interests, rights and freedoms, or the processing must serve to assert, exercise or defend legal claims.

To protect your rights, you can contact us using the contact details given in section 1.

NECESSITY OF PROVIDING PERSONAL DATA

The provision of personal data as part of application processes is voluntary. However, we can only make a decision to establish an employment relationship or establish an employment relationship with you only if you provide such personal data when applying that is necessary to carry out the application process.

AUTOMATED DECISION MAKING

The decision on your application is not based exclusively on automated processing. There is therefore no automated decision in individual cases within the meaning of Article 22 GDPR.

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