Privacy Policy

We are very delighted that you have shown interest in our enterprise. Data
protection is of a particularly high priority for the management of the
4cost GmbH. The use of the Internet pages of the 4cost 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 4cost 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 4cost 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.

1. Definitions

The data protection declaration of the 4cost 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.

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, 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.

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 analyse or predict aspects
concerning that natural person’s performance at work, economic situation,
health, personal preferences, interests, reliability, behaviour, location
or movements.

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.

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.

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; 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.

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.

2. Name and Address of the controller

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:

4cost GmbH

Kleiststrasse 26b

14163 Berlin

Deutschland

Phone: +49 30 92362212

Email:

Website: www.4cost.de

3. Contact details of the Data Protection Officer

4cost GmbH

Kleiststrasse 26b

14163 Berlin

Deutschland

Phone: +49 30 92362212

Email:

Website: www.4cost.de

Any data subject may, at any time, contact our Data Protection Officer
directly with all questions and suggestions concerning data protection.

4. Cookies

The Internet pages of the 4cost GmbH use cookies. Cookies are text files
that are stored in a computer system via an Internet browser.

Many 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 dats subject from other Internet browsers that
contain other cookies. A specific Internet browser can be recognized and
identified using the unique cookie ID.

Through the use of cookies, the 4cost GmbH can provide the users of this
website with more user-friendly services that would not be possible without
the cookie setting.

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 users to utilize our website. The website user that uses
cookies, e.g. does not have to enter access data each time the website is
accessed, because this is taken over by the website, and the cookie is thus
stored on the user’s computer system. Another example is the cookie of a
shopping cart in an online shop. The online store remembers the articles
that a customer has placed in the virtual shopping cart via a cookie.

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 deny 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 popular 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.

5. Collection of general data and information

The website of the 4cost 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:

  • the browser types and versions used,
  • the operating system used by the accessing system,
  • the website from which an accessing system reaches our website
    (so-called referrers),
  • the sub-websites,
  • the date and time of access to the Internet site,
  • an Internet protocol address (IP address),
  • the Internet service provider of the accessing system, and
  • 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 4cost GmbH does not draw
any conclusions about the data subject. Rather, this information is needed
to

  • deliver the content of our website correctly,
  • optimize the content of our website as well as its advertisement,
  • ensure the long-term viability of our information technology systems
    and website technology, and
  • provide law enforcement authorities with the information necessary
    for criminal prosecution in case of a cyber-attack.

Therefore, the 4cost GmbH analyzes 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.

6. Registration on our website

The data subject has the possibility to register on the website of the
controller with the indication of personal data. Which personal data are
transmitted to the controller is determined by the respective input mask
used for the registration. The personal data entered by the data subject
are collected and stored exclusively for internal use by the controller,
and for his own purposes. The controller may request transfer to one or
more processors (e.g. a parcel service) that also uses personal data for an
internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address-assigned by
the Internet service provider (ISP) and used by the data subject-date, and
time of the registration are also stored. The storage of this data takes
place against the background that this is the only way to prevent the
misuse of our services, and, if necessary, to make it possible to
investigate committed offenses. Insofar, the storage of this data is
necessary to secure the controller. This data is not passed on to third
parties unless there is a statutory obligation to pass on the data, or if
the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of
personal data, is intended to enable the controller to offer the data
subject contents or services that may only be offered to registered users
due to the nature of the matter in question. Registered persons are free to
delete personal data specified during the registration at any time.

The data controller shall, at any time, provide information upon request to
each data subject as to what personal data are stored about the data
subject. In addition, the data controller shall correct or erase personal
data at the request or indication of the data subject, insofar as there are
no statutory storage obligations. A Data Protection Officer particularly
designated in this data protection declaration, as well as the entirety of
the controller’s employees are available to the data subject in this
respect as contact persons.

7. Contact possibility via the website

The website of the 4cost GmbH contains information that enables a quick
electronic contact to our enterprise, as well as direct communication with
us, which also includes a general address of the so-called electronic mail
(e-mail address). If a data subject contacts the controller by e-mail or
via a contact form (e.g. registration for an event), the personal data
transmitted by the data subject are stored. Such personal data transmitted
on a voluntary basis by a data subject to the data controller are stored
for the purpose of processing or contacting the data subject. There is no
transfer of this personal data to third parties.

8. SSL encrytion

This site uses SSL encryption for security reasons and to protect the
transmission of confidential content, such as the inquiries you send to us
as a site operator. An encrypted connection indicates that the browser’s
address line changes from “http: //” to “https: //” and on the lock icon in
your browser line. If the SSL encryption is activated, the data you
transfer to us can not be read by third parties.

9. 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.

10. 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 our Data Protection Officer or another 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 our Data Protection Officer or another 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 our Data Protection Officer or another 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 4cost GmbH, he or she
may at any time contact our Data Protection Officer or another employee of
the controller. The Data Protection Officer of the 4cost GmbH or another
employee 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. The Data Protection Officer of
the 4cost GmbH or another employee 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 instead 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
4cost GmbH, he or she may at any time contact our Data Protection Officer
or another employee of the controller. The Data Protection Officer of the
4cost GmbH or another employee 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 the Data Protection Officer designated by the 4cost GmbH
or another employee.

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 4cost 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 4cost 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 4cost GmbH to the processing for direct
marketing purposes, the 4cost 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 4cost 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 directly
contact the Data Protection Officer of the 4cost GmbH or another employee.
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 4cost 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 directly contact our
Data Protection Officer of the 4cost GmbH or another employee of the
controller.

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 processing of his or her personal data at
any time.

For the data subject wishes to exercise the right to withdraw the consent,
he or she may at any time directly contact our Data Protection Officer of
the 4cost GmbH or another employee of the controller.

11. 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. 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).

12. Compliance for Google reCAPTCHA

On this website we also use the reCAPTCHA feature of Google Ireland Limited,
Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). This
function is mainly used to differentiate whether an entry is made by a
natural person or whether it is misused by mechanical and automated processing.
The service includes sending the IP address and any other data required by
Google for the reCAPTCHA service to Google and is carried out in accordance
with Art. 6 Para. 1 lit. f DSGVO on the basis of our legitimate interest in
establishing individual responsibility on the Internet and avoiding abuse
and spam. The use of Google reCAPTCHA may also involve the transmission of
personal data to the servers of Google LLC. in the USA.

In the event that personal data is transferred to Google LLC. based in the
USA, Google LLC. has certified itself for the us European data protection
agreement “Privacy Shield”, which guarantees compliance with the data protection
level applicable in the EU. A current certificate can be viewed here:
https://www.privacyshield.gov/list

Further information about Google reCAPTCHA and Google’s privacy policy can
be found at: https://www.google.com/intl/de/policies/privacy/

13. Links to websites from other providers

Our website may contain links to websites from other providers not covered
by this privacy policy. Please consult the respective provider’s privacy
policy if the use of websites from other providers is associated with the
collection, processing or use of personal data.

14. 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 fulfillment 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).

15. 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 favor of the
well-being of all our employees and the shareholders.

16. 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 fulfillment of the contract or the initiation of a
contract.

17. Provision of personal data as statutory or contractual requirement;
Requirement necessary to enter into a contract; Obligation of the data
subject to provide the personal data; possible consequences of failure to
provide such data

We clarify that the provision of personal data is partly required by law
(e.g. tax regulations) or can also result from contractual provisions (e.g.
information on the contractual partner). Sometimes it may be necessary to
conclude a contract that the data subject provides us with personal data,
which must subsequently be processed by us. The data subject is, for
example, obliged to provide us with personal data when our company signs a
contract with him or her. The non-provision of the personal data would have
the consequence that the contract with the data subject could not be
concluded. Before personal data is provided by the data subject, the data
subject must contact our Data Protection Officer. Our Data Protection
Officer clarifies to the data subject whether the provision of the personal
data is required by law or contract or is necessary for the conclusion of
the contract, whether there is an obligation to provide the personal data
and the consequences of non-provision of the personal data.

18. Existence of automated decision-making

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

19. Notification of changes

Any changes to our privacy policy will be posted to this privacystatement,
the homepage, and any other places we deem appropriate.

This Privacy Policy has been generated by using the Privacy Policy
Generator of the

DGD – Your External DPO

that was developed in cooperation with RC GmbH, which sells used computers and the German Lawyers from WBS-LAW.

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