Last updated October 2022
We are very delighted that you have shown interest in our company. Data protection is of a particularly high priority for the management of the Mindex GmbH. The use of the Internet pages of the Mindex GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Mindex GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled. As the controller, the Mindex GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Mindex GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“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.
b) Data subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the 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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
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.
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.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
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; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
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.
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.
2. Collection of general data and information
a) Visit the website
The website of the Mindex GmbH 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. Collected may be
(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,
(5) the date and time of access to the Internet site,
(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, the Mindex GmbH 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 its advertisement,
(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, the Mindex GmbH analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to 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.
Cookies are text files that are stored in the Internet browser or by the Internet browser on user’s computer system. When the user visits a website, a cookie may be stored on your operating system. This cookie contains a distinctive character string that enables a unique identification of the browser when the website is called up again. The website uses Transient cookies (temporary use), Persistent cookies (temporary use) and Third-party cookies (from third parties according to separate information).
Persistent cookies are used exclusively in connection with the web analysis services the Mindex GmbH uses and only for as long as the purpose requires; they have a maximum lifetime of two years. The user can delete cookies at any time in the security settings of the browser. In this case, the functions and user-friendliness of the offer could be restricted. The legal basis for the processing of personal data using persistent cookies is Art. 6(1) lit. f) GDPR. The analysis cookies are used to improve the quality of the website and its content. Through the analysis cookies Mindex GmbH learns how the website is used and can thus continuously optimize their offer. For these purposes, our legitimate interest also lies in the processing of personal data pursuant to Art. 6(1) lit. f) GDPR.
The legal basis for the processing of personal data using cookies for analytical purposes is Art. 6(1) lit. a) GDPR.
c) Use of contact forms and mailingThe controller collects the user's personal data when their voluntarily provide it to the controller via the contact forms. The controller then collects the information that is created when the user contacts us. This includes in particular names and transmitted contact data, date and reason for the establishment of contact. The personal data collected by you will only be used for the purpose of providing you with the desired products or services and corresponding with you (legal basis Art. 6(1) b) GDPR).
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form, this is the case when the conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the facts in question have finally been clarified. Insofar as the data communicated are subject to the storage obligation under tax and commercial law, they will be stored for the duration of the storage obligations of ten years and then deleted, unless you have consented to further storage or further processing of the data is necessary for the assertion, exercise or defence of legal claims (statutory limitation period of three or up to thirty years).
d) Use of Google Analytics (with anonymization function)
We also use the Mixpanel analytics tool. This is a web analytics service provided by Mixpanel, Inc, 405 Howard St, Floor 2, San Francisco, CA 94105, USA ("Mixpanel"). The Mixpanel tool can be used to evaluate the use of our website and your interaction with the features of our website. The storage and processing of data by the analysis tool takes place exclusively on servers within the European Union.
We also use the Segment analytics tool. This is a web analytics service provided by Segment.io Inc, 100 California Street Suite 700 San Francisco, CA 94111 United States. Segment is used to analyze user data in mobile devices and the Internet. In the course of use, data, such as in particular the IP address and activities of users, may be transmitted to a Segment server and stored there. The storage and processing of data by the analysis tool takes place only on servers within the European Union.
On the website the user can subscribe to a free newsletter. The data from the input mask are transmitted to the controller when registering for the newsletter. (1) Email address (2) Surname and first name (3) Company (4) Country (5) Phone (6) Post Address
3. Data processing in case of registration in order to obtain our services
In the following, we inform you about the type, scope and purposes of data processing by Mindex GmbH when registering for our services on the website.
On the website, the controller offers users the opportunity to register by providing personal information. The data is entered into an input mask and transmitted to the controller and stored. A transmission of data to third parties does not take place, except for the data processing operations expressly mentioned above. The following data is collected during the registration process: (1) The IP address of the user (2) Date and time of registration (3) Email address (4) Surname and first name (5) Company (6) Country (7) telephone number (8) Postal address as part of the registration process.
The purpose of the data processing is the proper execution of the contractual relationship; in particular the fulfilment of the contractual obligations of Mindex GmbH (legal basis for the processing of the data is Art. 6(1) lit. b GDPR). An additional legal basis for the processing of the data is the consent of the user, Art. 6(1) lit. a GDPR.
4. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. This applies to both applications for job advertisements and unsolicited applications. The data controller then collects the information provided in the application. This includes in particular name, date of birth, contact data, interests, qualification data as well as educational and professional careers. The personal data collected by you will only be used for the purpose of carrying out the application procedure (legal basis Art. 6(1) lit. a), b) and f) GDPR, § 26 BDSG).
If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
5. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
6. Legal basis for the processing
Art. 6(1) lit. a GDPR serves 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, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. 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 in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, 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 or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR). We clarify that the provision of personal data is partly required by law (e.g. tax regulations)
7. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and the shareholders.
8. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
9. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller-free information about his or her personal data stored at any time and a copy of this information.
Furthermore, the European directives and regulations grant the data subject access to the following information: the purposes of the processing; the categories of personal data concerned; 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 from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or 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, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are 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 avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Mindex GmbH, he or she may, at any time, contact any employee of the controller. An employee of Mindex GmbH shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of the Mindex GmbH will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- 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 and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Mindex GmbH, he or she may at any time contact any employee of the controller. The employee of the Mindex GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long 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. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of the Mindex GmbH.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. The Mindex GmbH shall no longer process the personal data in the event of the objection unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If the Mindex GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Mindex GmbH to the processing for direct marketing purposes, the Mindex GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Mindex GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of the Mindex GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have 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 him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Mindex GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Mindex GmbH.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to the processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Mindex GmbH.
j) Right to lodge a complaint with a supervisory authority
Each data subject shall have the right pursuant to Art. 77 GDPR to file a complaint to a supervisory authority about the processing of your personal data by us, for example to our Berlin Commissioner for Data Protection and Freedom of Information, Friedrichstraße 219, 10969 Berlin, phone: +49 30 / 138 89-0, e-mail: email@example.com.
10. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
11. Transfer personal data to a third country
The controller does not intend to transfer personal data to a third country or international organisation.
This data protection declaration is currently valid and has status as of September 2021.