Privacy Statement

This Privacy Statement provides an overview of how CVM Capital Value Management GmbH processes your personal data and of your rights arising from data protection law. What specific data is processed and how it is used depends on the services you have requested and/or the services we have agreed with you.

1. Who is responsible for the data processing and whom can I contact?

The data controller is

CVM Capital Value Management GmbH
Joseph-von-Fraunhofer-Str. 29
44227 Dortmund

Telefon: 0231 / 8417470
Fax: 0231 / 84174770
E-Mail: info@cvm-gmbh.de

Company data protection officer

CVM Capital Value Management GmbH’s data protection officer can be contacted via:

CVM Capital Value Management GmbH
Datenschutzbeauftragter Herr Claus Keller
Joseph-von-Fraunhofer-Str. 29
44227 Dortmund

Telefon: 0231 / 8417470
Fax: 0231 / 84174770
E-Mail: dsb@cvm-gmbh.de

2. Sources and data used

Sources

CVM Capital Value Management GmbH receives personal data from its customers in the context of the business relationship and processes this data. CVM Capital Value Management GmbH also processes personal data which it receives permissibly from third parties, such as for example, the Schutzgemeinschaft für allgemeine Kreditsicherung [German credit investigation company (Schufa)], if CVM Capital Value Management GmbH requires this to provide its services. CVM Capital Value Management GmbH also processes personal data from sources which are publicly accessible, such as for example, internet, media, debtor directories and registers, if this has been acquired permissibly.

Data

(1) Personal data for a business relationship with CVM Capital Value Management GmbH may be:

Name; address; other contact details such as telephone number, e-mail address and social media; date and place of birth; gender; nationality; marital status; legal capacity; professional group; occupation; residential status; verification information such as ID details; usernames; passwords; authentication details such as signature specimen; tax ID; FATCA status; payment details such as bank details, bank card, credit card, Schufa score, EU basic account reference.

(2) When using CVM Capital Value Management GmbH’s web pages, information is automatically sent to CVM Capital Value Management GmbH’s website server by the browser used on your end device. This information is temporarily stored in what is known as a log file. The following information is collected without you doing anything and is stored until it is automatically deleted:

IP address of the requesting end device, date and time of access, name and URL of the files accessed, websites from which the files are accessed (referring URL), browser used and, if necessary, your end device’s operating system and the name of your access provider.

This data is processed by CVM Capital Value Management GmbH for the purpose of providing a smooth connection to the website and ensuring that the website is user-friendly, assessing system security and stability, and for other administrative purposes.

The legal basis for the data processing is Sentence 1 of Article 6(1)(f) GDPR. Our legitimate interest follows from the data collection purposes listed above. The data collected is not used for the purpose of identifying you personally. Cookies and analysis services are also used when you visit CVM Capital Value Management GmbH’s website. You will find more information on cookies and analysis services under clause 10 of this Privacy Statement.

(3) If you use a CVM Capital Value Management GmbH contact form, you will be required to provide a valid e-mail address so that CVM Capital Value Management GmbH knows where the query has come from and is able to respond. Further details may be freely given. The data processing for the purpose of contact with us is performed in accordance with Sentence 1 of Article 6(1)(a) GDPR based on your voluntarily granted consent. The personal data collected by us in the use of the contact form will be automatically deleted after completion of the request made by you.

(4) If, according to Sentence 1 of Article 6(1)(a) GDPR, you have explicitly given your consent, as in subscribing to CVM Capital Value Management GmbH’s newsletter, CVM Capital Value Management GmbH shall use your e-mail address to regularly send you the newsletter. All you need to do is enter an email address in order to receive the newsletter. You can subscribe at any time, for example via a link at the end of each newsletter. Alternatively, you can also ask to subscribe at any time by sending an e-mail to info@turnaround.de.

(5) In the case of services from the following product categories, other personal data may be collected, processed and stored in addition to the aforementioned data. This includes:

Customer contact information and contact information for business relationships with customers

In the context of initiating business and during the business relationship, in particular through face-to-face, telephone or written contact, further personal data arises, such as information on contact channel, date, event and outcome, copies of the correspondence, as well as information on participation in direct marketing measures.

In the case of job applications and the job application process

We collect and process personal data from applicants in order to handle the application process. Processing can occur electronically.

The applicant has the option of sending the relevant application documents electronically, via e-mail, to the person responsible for processing them. Should the applicant sign an employment contract, the data submitted will be saved for the purposes of developing the occupational relationship, under consideration of legal regulations.

Section 26 (1) Sentence 1 Bundesdatenschutzgesetz [German Federal Data Protection Act (BDSG)] forms the legal basis for this. After all, the controllers responsible for the processing require the application documents sent by the respective applicant in order to decide whether to employ them, or not. If no employment contract is signed with the applicant, the application documents will be automatically deleted two months after the rejection decision has been conveyed, provided that no other justified interests prevent the controllers responsible for processing from deleting them. In this context, other legitimate reasons could for example be the need for evidence in proceedings in accordance with the Allgemeines Gleichbehandlungsgesetz [German Act on Equal Treatment (AGG)].

Sentence 1 of Article 6(1)(f) GDPR forms the basis for storing application documents; the legitimate interest for storing the application documents of rejected applicants arises from the aforementioned circumstances [‘potential use according to the German General Act on Equal Treatment (AGG)’].

3. Purpose of the processing and legal bases

CVM Capital Value Management GmbH processes the aforementioned personal data in accordance with the provisions of the European General Data Protection Regulation [GDPR] and the Bundesdatenschutzgesetz [German Federal Data Protection Act (BDSG)}

a. For the performance of a contractual obligations according to Sentence 1 of Article 6(1)(b) GDPR

Personal data is processed to provide services in the context of carrying out pre-contractual measures which occur upon request.

The purposes for data processing are first and foremost according to the specific performance in accordance with clause 2 above and may include analyses of requirements, advice and other performance of services, etc. The respective details on the purpose of data processing can be found in the respective contract documents and terms and conditions of business of CVM Capital Value Management GmbH.

b. In the context of balancing interests according to Sentence 1 of Article 6(1)(f) GDPR 

If required, CVM Capital Value Management GmbH processes your data beyond fulfilment of the contract in order to maintain the legitimate interests of CVM Capital Value Management GmbH or of third parties, such as:

  • Consultations and data exchange with credit agencies (for example, Schufa) to determine credit or default risks
  • Checking and optimising processes for analysing requirements and speaking directly to customers; including customer segmentation and calculating probabilities of completion
  • Advertising or market and opinion research, insofar as you have not objected to the use of your data
  • For the assertion of legal claims and defence in legal disputes
  • To ensure IT security and IT operations
  • To prevent criminal activity
  • Video surveillance to preserve the right to allow or deny access
  • Measures for building and systems security (e.g. access controls)
  • Measures to secure the right to allow or deny access
  • Measures for the management and development of services
  • Risk management

c. Based on your consent according to Sentence 1 of Article 6(1)(a) GDPR

To the extent that you have given CVM Capital Value Management GmbH consent to process your personal data for specific purposes, the legitimacy of this processing is based on your consent. This granted consent can be revoked at any time. This shall also apply for revoking consent which was granted before the application of the EU General Data Protection Regulation and which was granted to CVM Capital Value Management GmbH before 25 May 2018. Please note that the revocation only works with future effect. This does not affect processing that occurred before the revocation. You may request a status overview of the consent granted by you from CVM Capital Value Management GmbH.

d. Based on legal provisions according to Sentence 1 of Article 6(1)(c) GDPR or in the public interest according to Sentence 1 of Article 6(1)(e) GDPR

Personal data may be processed on the basis of legal provisions or in the public interest.

4. Who has access to the data 

Within CVM Capital Value Management GmbH, access to your data shall only be provided to those persons who require this data to fulfil contractual and legal obligations. Service providers and auxiliary agents employed by CVM Capital Value Management GmbH may also have access to data for such purposes provided that they follow data protection law provisions and in particular, the written Privacy Statement of CVM Capital Value Management GmbH. These are primarily companies from the categories specified below.

CVM Capital Value Management GmbH may only pass on your personal data if legal provisions require this, you have consented to this, CVM Capital Value Management GmbH is authorised to issue information, and/or contract data processors commissioned by CVM Capital Value Management GmbH likewise guarantee the observance of legal data protection provisions, in particular the EU General Data Protection Regulation and the Federal Data Protection Act.

Under these preconditions, recipients of personal data may be, for example:

  • Public authorities and institutions if a statutory or official obligation exists
  • Contract data processors to which CVM Capital Value Management GmbH has passed on personal data to execute the business relationship with you. In detail, this may be its performance of contractual relationships, support / maintenance and IT applications, archiving, document processing, call centre services, compliance services, controlling, data streaming, data destruction, purchasing / procurement, area management, operations, customer management, letter shops, marketing, media technology, reporting, research, risk controlling, telephony, video verification, website management.
  • Other data recipients may be those bodies for which you have given us your consent to the transmission of data.

5. Transfer of data to a third country or to an international organisation

Data is only transferred to countries outside of the EU or EEA (so-called third countries) if this is necessary for the fulfilment of your orders or required by law, you have given CVM Capital Value Management GmbH consent or this has taken place in the context of a legally admissible contract data processing. If service providers are employed in a third country, in addition to written instructions, these are also obliged by the agreement of the EU standard contract clauses to observe the data protection level in Europe.

6. How long will the data be stored

CVM Capital Value Management GmbH processes and stores your personal data for as long as it is required for the performance of the contractual and legal obligations. It should be noted that the business relationship is sometimes geared to the long term.

If the data is no longer required for contractual or legal obligations, they are regularly deleted, unless their limited further processing is required for the following purposes:

  • Compliance with retention periods required under commercial or tax law, in particular according to the Handelsgesetzbuch [German Commercial Code] and the Abgabenordnung [The Fiscal Code of Germany]. The time limits for storage and/or documentation required therein are two to ten years.
  • Receipt of evidence in the context of limitation periods. According to Sections 195 et seq of the Bürgerliches Gesetzbuch [German Civil Code (BGB)], these limitation periods may amount up to 30 years, whereby the regular limitation period amounts to three years.

7. Rights of data subjects

You have the right

  • under Article 15 GDPR to demand information on your personal data processed by CVM Capital Value Management GmbH. In particular, you can request information on the purposes of the processing, the category of personal data, the category of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing, or objection, the existence of a right of appeal, the provenance of the data if this data has not been collected by us, as well as the existence of automated decision-making including profiling and, where applicable, meaningful information on the details of this
  • under Article 16 GDPR to request the immediate rectification or completion of your personal data stored by CVM Capital Value Management GmbH
  • under Article 17 GDPR to request the erasure of your personal data stored by CVM Capital Value Management GmbH, unless the processing is necessary for exercising the right to freedom of expression and information, to fulfil a legal obligation, for reasons in the public interest or for the assertion, exercise or defence of legal claims
  • under Article 18 GDPR to demand the restriction of the processing of your personal data to the extent that you contest the accuracy of the data, the processing is unlawful, but you oppose the erasure thereof, and CVM Capital Value Management GmbH no longer requires the data, but you need this for the assertion, exercise or defence of legal claims or you have objected to the processing pursuant to Article 21 GDPR
  • under Article 20 GDPR to receive the personal data which you have provided to CVM Capital Value Management GmbH, in a structured, commonly used and machine-readable format and the right to transmit that data to another controller
  • under Article 7 (3) GDPR to withdraw your consent from CVM Capital Value Management GmbH at any time. As a result of this, CVM Capital Value Management GmbH shall no longer be permitted to perform the data processing based on such consent in the future
  • under Article 77 GDPR to lodge a complaint with a supervisory authority. In this respect, you can generally contact the supervisory authority of your usual place of residence or work or of CVM Capital Value Management GmbH’s company head office.

8. Obligation to provide data

In the context of the business relationship with CVM Capital Value Management GmbH, you must provide such personal data which is necessary for entering into and fulfilling a business relationship and for fulfilling the associated obligations or for the collection of which CVM Capital Value Management GmbH is legally obligated. Without this data, CVM Capital Value Management GmbH will usually have to reject the conclusion of the contract or the execution of the order or cease to be able to execute an existing contract and, if necessary, have to terminate it.

9. Automated decision-making

CVM Capital Value Management GmbH does not use fully-automated decision-making in accordance with Article 22 GDPR to establish and fulfil the business relationship. Should CVM Capital Value Management GmbH use such procedures in individual cases, we will inform you about this separately, if this is required by law.

10. Cookies and analysis services What are cookies?

When you visit CVM Capital Value Management GmbH’s website, information is stored on your end device in the form of cookies. Cookies are small files which are stored on your end device and save particular settings and data for exchange with CVM Capital Value Management GmbH’s website via your browser. Cookies enable CVM Capital Value Management GmbH to adapt a website to your interests, for example, or to save your password so that you do not have to enter it every time. CVM Capital Value Management GmbH does not collect any personal data through cookies, if you have not consented to this.

Types of cookies

Essential cookies are required so that you can navigate CVM Capital Value Management GmbH’s website and operate the website’s basic functions such as assigning anonymous session IDs to group multiple related requests in one server.

Performance cookies collect information about the use of CVM Capital Value Management GmbH’s website such as Internet browsers and operating systems used, domain names of websites from which you have come, number of visits, average visit duration and pages accessed. Performance cookies do not store any information which enables personal identification of the user. Performance cookies should improve the user-friendliness of websites and therefore the user experience.

Functional cookies enable a website to save information provided and to provide the user with improved, more personalised functions such as to enable videos to be played.

Cookies are used for marketing purposes to better offer the user relevant content which is suited to their interests. Cookies are also used for marketing purposes to limit the frequency with which an advert appears and to measure and manage the effectiveness of advertising campaigns. Cookiesr for marketing purposes register whether a website has been visited or not, as well as which content has been used. If necessary, this information can be shared with third parties, for example, advertisers. Cookies for marketing purposes are often linked with third-party site functionalities.

Social media cookies are necessary so that you can share content from CVM Capital Value Management GmbH’s website via social media channels, such as Facebook or Twitter. For further information please refer to the guidelines of the respective social media company.

When you visit CVM Capital Value Management GmbH’s website, it is possible that not all of the cookies mentioned here are used.

Disabling cookies

You can enjoy the full functionality of CVM Capital Value Management GmbH’s website with the help of cookies. If you disable cookies, certain functionalities may not be as available as expected.

If you do not want any cookies to be used, in addition to special opt-out functions available to you, you can also adjust your browser settings so that cookies are disabled. Most browsers offer different options for protecting your privacy in which the browser deletes cookies from your end device, blocks all cookies or warns you before a cookie is stored. The browser does not prevent previously stored cookies functioning on your end device until you have deleted all cookies in your browser settings.

You will normally find instructions for managing cookies in your browser in the browser’s help function or in the operating instructions of your end device.

You can object to data collection and storage at any time with future effect through an exclusion cookie.

Use of cookies

CVM Capital Value Management GmbH permits the use of cookies as follows:

CVM Capital Value Management GmbH uses the following cookies:

Analysis services

eTracker

(1) CVM Capital Value Management GmbH uses a web analysis service provided by etracker GmbH (http://wwwetracker.com). etracker GmbH uses cookies, which are stored on your computer and make it possible to analyse your use of the website. You can also prevent the collection of data generated by the cookies on your use of the website, including your IP address, by etracker GmbH as well as the processing of this data by etracker GmbH, by downloading and installing the browser plug-in available at the following link: https://www.etracker.com/datenschutz/

(2) CVM Capital Value Management GmbH uses etrecker to analyse and regularly improve the use of the website. Via the statistics gained, CVM Capital Value Management GmbH can improve its offer and make it more interesting for you as a user. Sentence 1 of Article 6(1)(f) GDPR forms the legal basis for the use of etrecker.

(3) Information on the third-party service provider: etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg; https://www.etracker.com/de/datenschutz.html.

11. Data security

When you visit CVM Capital Value Management GmbH’s website, CVM Capital Value Management GmbH uses the SSL process (Secure Socket Layer) in connection with the respective highest encryption level which is supported by your browser. This is normally a 256-bit encryption. If your browser does not support 256-bit encryption, CVM Capital Value Management GmbH defaults to 128-bit v3 technology instead. You will know whether an individual website is encrypted by the closed depiction of the key or padlock system in the bottom status bar of your browser.

Aside from this, CVM Capital Value Management GmbH operates its own technical and organisational security measures to protect your data from accidental or intentional manipulations, partial or complete loss, destruction or unauthorised access by a third party. The security measures are continually revised according to technical advances.

Information on your right to object according to Article 21 EU General Data Protection Regulation (GDPR)

1. Case-specific right to object

You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you that is performed in accordance with Sentence 1 of Article 6(1)(e) GDPR (data processing in the public interest) and Sentence 1 of Article 6(1)(f)

GDPR (data processing on grounds of balancing interests), filing an objection; this shall also apply for profiling supported by this provision in the meaning of Article 4(4) GDPR.

If you do object, CVM Capital Value Management GmbH will no longer process your personal data, unless CVM Capital Value Management GmbH can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.

2. Right to object against processing of data for advertising purposes

In individual cases, CVM Capital Value Management GmbH processes your personal data in order to carry out direct marketing. You have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling to the extent that it is related to with such direct advertising.

If you object to the processing for direct advertising purposes, CVM Capital Value Management GmbH will no longer process your personal data for such purposes.

If you would like to exercise your right to object, an e-mail to info@cvm-gmbh.de is sufficient.

12. Updating and amending this Privacy Statement

This Privacy Statement is currently valid and was updated May 2018. It may be necessary to amend this Privacy Statement due to the further development of the website and online presence or due to amended legal or regulatory provisions. The current Privacy Statement can be accessed at any time on the website www.turnaround.de and printed out.