Privacy Policy

We take the protection of your personal data very seriously. We want you to know when we collect which data and how we use it. In the course of the further development of our website and the implementation of new technologies, changes to this privacy policy may also become necessary. We therefore recommend that you read through this privacy policy again from time to time.

This privacy policy clarifies the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions, and content associated with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”).

With regard to the terminology used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Controller
Noble Elements GmbH
Andreas Kroll (Managing Director)
Gneisenaustraße 83, 10961 Berlin
Phone: 030 2089 8486 0
Fax: 030 2089 8486 1
Email: info(at)noble-elements.de

• Inventory data (e.g., names, addresses).
• Contact data (e.g., email, telephone numbers).
• Content data (e.g., text entries, photographs, videos). Usage data (e.g., visited websites, interest in content, access times).
• Meta/communication data (e.g., device information, IP addresses).

Visitors and users of the online offering (hereinafter we also refer to the data subjects collectively as “users”).

• Provision of the online offering, its functions, and content.
• Responding to contact requests and communication with users.
• Security measures.
• Reach measurement/marketing

“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 (e.g., cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and covers practically any handling of data.

The “controller” 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.

You can visit our site without providing any personal information. We only store access data without personal reference, such as the name of your Internet Service Provider, the page from which you visit us, or the name of the requested file. This data is evaluated exclusively to improve our offer and does not allow any conclusions to be drawn about your person.

The personal data of users processed within the framework of this online offering, i.e., interested parties and visitors to our online offering, includes inventory data (first and last name, zip code, email address, telephone, IP address) as well as content data (your information in the questionnaire).

We process users’ personal data only in compliance with the relevant data protection regulations. This means that user data is only processed if there is a legal permission. This applies in particular if the data processing is necessary for the provision of our contractual services (e.g., processing of inquiries) and online services, or is required by law, if the users have given their consent, as well as on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation and security of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR, in particular for reach measurement as well as the collection of access data and the use of third-party services).

We point out that the legal basis for consent is Art. 6 para. 1 lit. a. and Art. 7 GDPR, the legal basis for processing for the fulfillment of our services and the implementation of contractual measures is Art. 6 para. 1 lit. b. GDPR, the legal basis for processing for the fulfillment of our legal obligations is Art. 6 para. 1 lit. c. GDPR, and the legal basis for processing for the protection of our legitimate interests is Art. 6 para. 1 lit. f. GDPR.
Applicable Legal Bases

In accordance with Art. 13 GDPR, we inform you about the legal bases of our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the fulfillment of our services and the implementation of contractual measures as well as answering inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing for the fulfillment of our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing for the protection of our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g., consent) or other individual notification.

We take organizational, contractual, and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction, or against access by unauthorized persons.

Data will only be transferred to third parties within the framework of legal requirements.

We only transfer user data to third parties based on consent given in accordance with Art. 6 para. 1 lit. a GDPR, or if this is necessary for contractual purposes based on Art. 6 para. 1 lit. b GDPR, or based on legitimate interests in accordance with Art. 6 para. 1 lit. f GDPR for the economic and effective operation of our business.

Insofar as we disclose data to other persons and companies (processors or third parties), transmit it to them, or otherwise grant them access to the data within the scope of our processing, this is only done on the basis of consent given in accordance with Art. 6 para. 1 lit. a GDPR (e.g., if a transfer of data to third parties, such as payment service providers, is necessary for the fulfillment of the contract in accordance with Art. 6 para. 1 lit. b GDPR), if you have consented, if a legal obligation provides for it, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “data processing agreement,” this is done on the basis of Art. 28 GDPR.

If we use subcontractors to provide our services, we take appropriate legal precautions as well as corresponding technical and organizational measures to ensure the protection of personal data in accordance with the relevant legal regulations.

We process inventory data (e.g., names and addresses as well as contact data of users) and content data (information in the questionnaire) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit b. GDPR.

Within the framework of using our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as those of the users, in protection against misuse and other unauthorized use. This data is only passed on to third parties if there is a legal obligation to do so in accordance with Art. 6 para. 1 lit. c GDPR or on the basis of legitimate interests in accordance with Art. 6 para. 1 lit. f. GDPR in the economic and effective operation of our business.

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of using third-party services or disclosure or transmission of data to third parties, this only takes place if it is done to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

You have the right to request confirmation as to whether the data in question is being processed and to receive information about this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.

In accordance with Art. 16 GDPR, you have the right to request that the data concerning you be completed or that the incorrect data concerning you be rectified.

In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction of the processing of the data.

You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to demand its transmission to other controllers.

Furthermore, in accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.

You have the right to withdraw consent granted in accordance with Art. 7 para. 3 GDPR with effect for the future.

You can object to the future processing of the data concerning you in accordance with Art. 21 GDPR at any time. The objection can be made in particular against processing for the purposes of direct marketing.

For all questions regarding the collection, processing, or use of your personal data, for information, correction, blocking, or deletion of data as well as withdrawal of granted consent, please contact the email address provided in the legal notice.

“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie serves primarily to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. In such a cookie, for example, the content of a shopping cart in an online shop or a login status can be stored. Cookies are referred to as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be stored if the users visit them after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online offering (otherwise, if they are only its cookies, they are called “first-party cookies”).

We may use temporary and permanent cookies and clarify this within the framework of our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offering.

A general objection to the use of cookies for online marketing purposes can be declared for many services, especially in the case of tracking (e.g., for reach measurement) and for advertising purposes, via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/). Furthermore, the storage of cookies can be prevented by disabling them in the browser settings. Please note that in this case, not all functions of this online offering may be available.

The data processed by us will be deleted or restricted in its processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated within the framework of this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.

According to legal requirements in Germany, storage takes place in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, booking vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, booking vouchers, commercial and business letters, documents relevant for taxation, etc.).

According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, vouchers/invoices, accounts, vouchers, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

In addition, we process

• Contract data (e.g., subject matter of the contract, term, customer category).
• Payment data (e.g., bank details, payment history)

from our customers, interested parties, and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising, and market research.

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services that we use for the purpose of operating this online offering.

In this context, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties, and visitors to this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

We, or our hosting provider, collect data on every access to the server on which this service is located on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR.

The provider of the pages collects and stores information or access data that your browser automatically transmits. These are:

• Browser type and browser version
• Operating system used
• Name of the accessed website
• Notification of successful retrieval
• IP address
• Requesting provider
• File
• Referrer URL (the previously visited page)
• Hostname of the accessing computer
• Date and time of the server request
• Amount of data transferred

Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is required for evidentiary purposes is excluded from deletion until the final clarification of the respective incident.

This data cannot be assigned to specific persons. This data is not merged with other data sources.