We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of AkquiVest. The use of AkquiVest's website is generally possible without any indication of personal data. However, if a data subject wishes to use special services of our company via our website, the processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

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The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to AkquiVest. By means of this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data collected, used, and processed by us. Furthermore, data subjects are informed of their rights by means of this privacy policy.

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As the controller, AkquiVest has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, internet-based data transmissions can fundamentally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone.

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1. Definitions

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The data protection declaration of AkquiVest is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration is intended to be easily readable and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

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In this data protection declaration, we use, among others, the following terms:

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a) Personal Data

Personal data means any information relating to an identified or identifiable natural person (hereinafter "data subject"). An identifiable natural person is one 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

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b) Data Subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.​

 

c) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

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d) Restriction of Processing

 Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

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e) Profiling 

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

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f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

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g) Controller or Controller Responsible for the Processing 

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

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h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.​

 

i) Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.​

 

j) Third Party 

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.​

 

k) Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

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2. Name and Address of the Controller

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The controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union, and other provisions related to data protection is:

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Email: info@gerholdinvest.com

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3. Cookies

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The internet pages of AkquiVest use cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.

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Numerous internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited internet sites and servers to differentiate the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

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By using cookies, AkquiVest can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

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By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for usersto utilize our website. For example, the user of a website that uses cookies does not have to enter their access data each time they visit the website, because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

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The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the internet browser used, and may thus permanently object to the setting of cookies. Furthermore, already set cookies may be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be entirely usable.

 

We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. However, opting out of some of these cookies may affect your browsing experience.

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4. Collection of general data and information

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The website of AkquiVest collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. The collected data may include (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites which are steered via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.​

 

When using these general data and information, AkquiVest does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as the advertisement for it, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, AkquiVest analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

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5. Subscription to Our Newsletter​

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On the AkquiVest website, users are given the opportunity to subscribe to our company’s newsletter. Which personal data is transmitted to the controller responsible for processing when ordering the newsletter results from the input form used for this purpose. AkquiVest informs its customers and business partners at regular intervals by means of a newsletter about the company’s offers. The newsletter of our company can generally only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter dispatch. For legal reasons, a confirmation email is sent to the email address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email serves to verify whether the owner of the email address, as a data subject, has authorised the receipt of the newsletter.

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When registering for the newsletter, we also store the IP address assigned by the internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of a data subject’s email address at a later point in time and therefore serves the legal safeguarding of the controller responsible for processing.

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The personal data collected as part of a newsletter registration is used exclusively for sending our newsletter. Furthermore, newsletter subscribers could be informed by email if this is necessary for the operation of the newsletter service or for registration in this regard, such as in the event of changes to the newsletter offer or changes to the technical conditions. The personal data collected as part of the newsletter service is not passed on to third parties. The subscription to our newsletter can be cancelled by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter dispatch can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter. Furthermore, there is the possibility to unsubscribe from the newsletter dispatch at any time directly on the website of the controller responsible for processing or to inform the controller responsible for processing of this in another way.

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6. Newsletter Tracking​

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AkquiVest’s newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows for a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, AkquiVest can recognise whether and when an email was opened by a data subject and which links contained in the email were accessed by the data subject.

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Personal data collected through the tracking pixels contained in the newsletters is stored and evaluated by the controller responsible for processing in order to optimise the newsletter dispatch and to tailor the content of future newsletters even more closely to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent provided via the double opt-in procedure. After revocation, this personal data will be deleted by the controller responsible for processing. Unsubscribing from the newsletter is automatically interpreted by AkquiVest as a revocation.

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7. Contact Option via the Website​

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Due to statutory provisions, the AkquiVest website contains information that enables rapid electronic contact with our company as well as direct communication with us, which also includes a general address of electronic mail (email address). If a data subject contacts the controller responsible for processing via email or through a contact form, the personal data transmitted by the data subject is stored automatically. Personal data transmitted voluntarily by a data subject to the controller responsible for processing is stored for the purpose of handling the request or contacting the data subject. This personal data is not passed on to third parties.

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8. Routine Erasure and Blocking of Personal Data​

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The controller responsible for processing processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or insofar as this has been provided for by the European legislator or another legislator in laws or regulations to which the controller responsible for processing is subject.

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If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.

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9. Rights of the Data Subject​

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a) Right of Confirmation
Every data subject has the right granted by the European legislator to request confirmation from the controller responsible for processing as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may, at any time, contact an employee of the controller responsible for processing.

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b) Right of Access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain, at any time, free information from the controller responsible for processing about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

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• the purposes of the processing

• the categories of personal data that are processed

• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations

• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period

• the existence of the right to request rectification or erasure of personal data concerning them, or restriction of processing by the controller, or the right to object to such processing

• the existence of the right to lodge a complaint with a supervisory authority

• where the personal data are not collected from the data subject: any available information as to their source

• the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

 

Furthermore, the data subject has the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, they may, at any time, contact an employee of the controller responsible for processing.

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c) Right to Rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data — including by means of a supplementary declaration.

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If a data subject wishes to exercise this right to rectification, they may, at any time, contact an employee of the controller responsible for processing.

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d) Right to Erasure (Right to be Forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to request from the controller that personal data concerning them be erased without undue delay, provided that one of the following grounds applies and insofar as the processing is not necessary:

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• The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.

• The data subject withdraws consent on which the processing was based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and where there is no other legal ground for the processing.

• The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects pursuant to Art. 21(2) GDPR.

• The personal data has been unlawfully processed.

• The erasure of personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.

• The personal data has been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

 

If one of the above-mentioned grounds applies and a data subject wishes to request the erasure of personal data stored by AkquiVest, they may, at any time, contact an employee of the controller responsible for processing. An employee of AkquiVest shall promptly ensure that the erasure request is complied with immediately.

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If AkquiVest has made personal data public and our company, as controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, AkquiVest shall, taking into account available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested from such other controllers the erasure of any links to, or copies or replications of, that personal data, insofar as processing is not required. An employee of AkquiVest will arrange the necessary measures in individual cases.

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e) Right to Restriction of Processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to request the restriction of processing from the controller where one of the following conditions applies:

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• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

• The processing is unlawful, the data subject opposes the erasure of the personal data and requests instead the restriction of their use.

• The controller no longer needs the personal data for the purposes of processing, but it is required by the data subject for the establishment, exercise, or defence of legal claims.

• The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

 

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by AkquiVest, they may at any time contact an employee of the controller responsible for processing. The employee of AkquiVest will arrange the restriction of processing.

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f) Right to Data Portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which was provided by the data subject to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means, insofar as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

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Furthermore, when exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others.

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To assert the right to data portability, the data subject may at any time contact an employee of AkquiVest.

 

g) Right to Object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them, which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

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AkquiVest shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defence of legal claims.

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If AkquiVest processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to AkquiVest to the processing for direct marketing purposes, AkquiVest will no longer process the personal data for these purposes.

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In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them, which is carried out by AkquiVest for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

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To exercise the right to object, the data subject may contact any employee of AkquiVest or another employee directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

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h) Automated Individual Decision-Making, Including Profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is based on the data subject’s explicit consent.

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If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, AkquiVest shall implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

If the data subject wishes to assert rights relating to automated decision-making, they may at any time contact an employee of the controller responsible for processing.

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i) Right to Withdraw Data Protection Consent
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

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If the data subject wishes to exercise their right to withdraw consent, they may at any time contact an employee of the controller responsible for processing.

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10. Data Protection Provisions on the Use and Application of Google Analytics (with Anonymisation Function)

 

The controller responsible for processing has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, gathering, and evaluation of data concerning the behaviour of visitors to websites. A web analysis service collects, among other data, information about the website from which a data subject has come to a website (so-called referrers), which subpages were accessed, or how often and for what duration a subpage was viewed. Web analysis is predominantly used for the optimisation of a website and for the cost-benefit analysis of internet advertising.

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The operating company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

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For web analysis via Google Analytics, the controller uses the addition “_gat._anonymizeIp”. By means of this addition, the IP address of the internet connection of the data subject is shortened and anonymised by Google if access to our website originates from a Member State of the European Union or from another contracting state to the Agreement on the European Economic Area.

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The purpose of the Google Analytics component is the analysis of visitor flows on our website. Google uses the collected data and information, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.

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Google Analytics places a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. Within the scope of this technical procedure, Google gains knowledge of personal data, such as the IP address of the data subject, which serves Google, among other things, to trace the origin of visitors and clicks and subsequently enable commission settlements.

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By means of the cookie, personal information, such as the access time, the location from which access originated, and the frequency of visits to our website by the data subject, is stored. With each visit to our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may, under certain circumstances, pass this personal data collected through the technical procedure on to third parties.

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The data subject may prevent the setting of cookies by our website at any time, as already described above, by means of an appropriate setting of the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from placing a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics may be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the possibility to object to the collection of data generated by Google Analytics, which relates to the use of this website, as well as the processing of this data by Google, and to prevent such collection. For this purpose, the data subject must download and install a browser add-on available at the following link: https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data or information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is regarded by Google as an objection. If the information technology system of the data subject is later deleted, formatted, or newly installed, the browser add-on must be reinstalled by the data subject in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or any other person attributable to their sphere of control, it is possible to reinstall or reactivate the browser add-on.

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Further information and the applicable data protection provisions of Google may be retrieved at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at the following link: https://www.google.com/intl/de_de/analytics/.

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11. Legal Basis of Processing

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Art. 6(1)(a) GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations required to carry out pre-contractual measures, for example in cases of enquiries concerning our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. In that case, the processing would be based on Art. 6(1)(d) GDPR.

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Finally, processing operations may be based on Art. 6(1)(f) GDPR. Processing operations not covered by any of the above-mentioned legal bases are based on this legal basis if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests, fundamental rights, and freedoms of the data subject. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 sentence 2 GDPR).

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12. Legitimate Interests in Processing Pursued by the Controller or a Third Party

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Where the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

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13. Period for Which Personal Data is Stored​

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The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely erased, provided that it is no longer required for the fulfilment or initiation of a contract.

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14. Statutory or Contractual Provisions Governing the Provision of Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide Data​

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We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information relating to the contractual partner).

In some cases, it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. The data subject may, for example, be obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded.

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Prior to providing personal data, the data subject must contact one of our employees. Our employee will clarify on a case-by-case basis whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and the consequences of failing to provide the personal data.

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15. Existence of Automated Decision-Making​

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As a responsible company, we do not use automated decision-making or profiling.

 

This privacy policy was generated by the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, acting as External Data Protection Officer in Neu-Ulm, in cooperation with the lawyer for IT and data protection law, Christian Solmecke.

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