We are delighted that you have shown an interest in our company. Data protection is of special importance for the management of Gatewatcher. A use of the website of Gatewatcher is possible in principle without any indication of personal data. However, if a data subject wishes to make use of the special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we shall generally obtain consent from the data subject.
Gatewatcher has implemented numerous technical and organisational measures to ensure the most comprehensive as possible protection of personal data processed via this website. Nevertheless, internet based data transmission can still be subject to vulnerabilities, meaning that absolute protection can not be guaranteed. For this reason, each data subject is free to provide us with personal data via alternative means, for example by telephone.
Name and address of the controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the Member States as well as other data protection regulations is reachable under:
75 Boulevard Haussmann
Definition of terms
- a) Personal data
Personal data includes all information which relates to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable person is a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more specific characteristics which are expressions of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
- b) Data subject
The data subject is any identified or identifiable natural person whose personal data are processed by the controller.
- c) Processing
Processing includes any process carried out with or without the help of automated processes or any such series of processes in connection with personal data such as collection, recording, organisation, filing, saving, adaptation or amendment, reading, querying, use, publication by forwarding, distribution or any other form of provision, comparison of encoding, abbreviation, deletion or destruction.
- d) Restriction of processing
Restriction of processing is the identification of stored personal data in order to limit their future processing.
- e) Profiling
Profiling is any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
- f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
- g) Controller or party responsible for data processing
The controller or party responsible for data processing is the natural or legal person, public authority, institution or other body which, alone or in conjunction with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for under Union or national law.
- h) Processors
A processor is a natural or legal person, authority, institution or other body who processes personal data on behalf of the controller.
- i) Recipient
The recipient is a natural or legal person, public authority, institution or other body to whom personal data are disclosed, whether or not they are third parties. However, authorities which may receive personal data in the context of a specific task under Union law or Member State law, shall not be considered recipients.
- j) Third party
A third party is a natural or legal person, public authority, institution or other body other than the data subject, the controller, the processor and those authorised under the direct responsibility of the controller to process the personal data.
- k) Consent
Consent is any declaration or other unambiguous and informed expression of intent given voluntarily by the data subject, in the form of a declaration or other unambiguous affirmative action, in which the data subject indicates that he/she agrees to the processing of his/her personal data.
Description and scope of the data processing
The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.
Each time our website is accessed, our system automatically collects data and information from the computer system of the requesting computer. The following data can be collected in such cases:
- Information about the browser type and version used
- The operating system of the user
- The anonymised IP address of the user
- Date and time of access
- The geographic location from which the access takes place
- Websites from which the system of the user is referred to our website
- Address of the pages (URL) that are accessed by the system of the user via our website
- Domain name of the server
- The language used by the user
- Screen resolution of your computer, smartphone or tablet
- the links you clicked on
- the duration of your visit to this website
The log files contain no complete IP addresses or other data that allow an assignment to a user. These data are stored in our system log files.
When using this general data and information, Gatewatcher does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) to optimise the content of our website, (3) to ensure the long term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement agencies with the information necessary for prosecution in the event of a cyber attack. Gatewatcher evaluates this anonymously collected data and information both statistically and with the aim of increasing data protection and data security in our company ultimately in order to ensure the best possible 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.
Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, Article 6 para. 1 lit. a of the General Data Protection Regulation (GDPR) is the legal basis.
For the processing of personal data necessary for the performance of a contract to which the data subject is a party, Article 6 para. 1 lit. d of the GDPR is the legal basis. This also applies to processing operations required to carry out pre-contractual actions.
Insofar as the processing of personal data is required to fulfil a legal obligation which our company is subject to, Article 6 para. 1 lit. c of the GDPR is the legal basis.
In case vital interests of the data subject or another natural person require processing of person-specific data, Article 6 para. 1 lit. d of the GDPR is the legal basis.
If the processing is necessary to safeguard the legitimate interests of our company or a third party, insofar as the interests, fundamental rights and fundamental freedoms of the data subject do not prevail, Article 6 para. 1 lit. f of the GDPR is the legal basis for processing.
Data erasure and storage period
The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer exists. In addition, such storage may be carried out if it is provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or erasure of the data shall also take place when a storage period prescribed by the regulations mentioned expires, unless there is a need for further storage of the data for the conclusion of a contract or the fulfilment of the contract.
Possibility of objection and elimination
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no possibility of objection on the part of the user.
In the cookies, for example, the following data are stored and transmitted:
- Search terms entered
- Frequency of page views
The data of the users collected in this way are pseudonymised by technical measures. Therefore, an assignment of the data to the requesting user is no longer possible. The data shall not be stored together with other personal data of the users.
The data subject can prevent our website from setting cookies at any time by means of making the appropriate adjustments in his/her internet browser settings and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via the internet browser itself or other software programmes. This is possible with all current internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, then under certain circumstances not all the functions of our website will be fully usable.
The legal basis for the processing of personal data using technically necessary cookies is Article 6 para. 1 lit f of the GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is the consent of the user pursuant to Article 6 para. 1 lit. a of the GDPR.
The use of the analysis cookies is for the purpose of improving the quality of our website and its contents. By means of analysis cookies, we learn how the website is used and this thereby enables us to optimise our offer constantly.
Storage duration, objection and elimination possibility
Due to legal regulations, the website of Gatewatcher contains information that enables a fast electronic contact to our company as well as direct communication with us, which also includes a general address of so called electronic mail (email address). Insofar as the data subject contacts the controller by email or through a contact form, the personal data provided by the data subject shall be automatically saved. In the case of using our contact form (link), these data are:
- First name
- Email address
- Telephone number
- Subject entered
- Message content entered
- Date and time
If you send us inquiries via the contact form, your details will be taken from the
inquiry form including the contact details provided by you for the purpose of processing the
request and shall be stored in case of follow-up questions.
Such personal data transmitted to the controller by a data subject on a voluntary basis shall be stored for the purpose of processing or contacting the data subject. No disclosure of these personal data to third parties shall be carried out.
As an alternative to the contact form, contact via the email address is possible. In this case, the personal data of the user transmitted via email shall be stored.
In this context, data are not disclosed to third parties. The data are used exclusively to process the conversation.
The controller shall process and store personal data relating to the data subject only for the period of time necessary to achieve the purposes for which the data are stored, or to the extent provided for by the European guideline and regulatory body or any other legislator in laws or regulations to which the controller is subject.
If the purpose of the storage expires or a retention period prescribed by the European guideline and regulatory body or another competent legislator expires, the personal data shall be routinely blocked or deleted in accordance with legal regulations.
Possibility of objection and elimination
The user has the possibility at any time to revoke his or her consent to the processing of the personal data. If the user contacts us by email, he or she may object to the storage of his or her personal data at any time. In such cases, the conversation can not be continued.
The revocation of the consent can be sent to us via email. All personal data stored in the course of making contact shall be deleted in this case.
Rights of the data subject
If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights with regard to the controller:
Right of confirmation
Every data subject has the right, as granted by the European guideline and regulatory body, to request confirmation from the controller as to whether personal data relating to him/her is being processed. If the data subject wishes to exercise this right of confirmation, at any time he/she may contact an employee of the controller or the data protection officer.
Right to information
You have the right to obtain information from the data controller about the extent to which your personal data are being processed by us.
If processing is taking place, you can request the following information from the controller:
(1) the purposes for which personal data are processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, the criteria for determining the duration of storage;
(5) the existence of the right to request from the controller rectification or erasure of your personal data or restriction of processing of your personal data, or to object to such processing;
(6) the right of appeal to a supervisory authority
(7) all available information regarding the source of the data if the personal data have not been collected from the data subject;
(8) the existence of automated decision making including profiling according to Article 22 para 1 and 4 of the GDPR and, at least in these cases, meaningful information regarding the logic involved and the scope and intended effect of such processing with respect to the data subject
You also have the right to be informed whether your personal data have been transferred to a third country or to an international organisation. In this respect, you can request the appropriate guarantees in accordance with. Article 46 of the GDPR and be informed in connection with the transmission.
This right of information may be limited to the extent that it is likely to render impossible or seriously affect the realisation of the research or statistical purposes and the restriction is necessary for the performance of the research or statistical purposes.
To exercise your right to information, you can send us a message.
Right to rectification
Any data subject has the right, as granted by the European guideline and regulatory body, to demand the immediate correction of any inaccurate personal data concerning him or her. Furthermore and taking into account the purposes of processing, the data subject has the right to request that incomplete personal data be completed, with the inclusion of a supplementary declaration.
To exercise your right to rectification, you can send us a message.
Right to restriction of processing
Under the following conditions, you may request the restriction of processing of your personal data:
(1) if you contest the correctness of your personal data for a period of time that enables the data controller to verify the correctness of the personal data;
(2) if the processing is unlawful, you decline your right to the erasure of your personal data and instead demand that the use of your personal data be restricted;
(3) if the data controller no longer needs your personal data for the purposes of processing, but you need them to establish, exercise or defend legal claims, or
(4) if you have objected to the processing pursuant to Article 21 para. 1 of the GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh yours.
If the processing of your personal data has been restricted, such data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the processing of your personal data has been restricted pursuant to the above conditions, you will be notified by the controller before the restriction is lifted.
Your right of restriction may be limited to the extent that it is likely to render impossible or seriously affect the realisation of the research or statistical purposes and the restriction is necessary for the performance of the research or statistical purposes.
Right to erasure
- a) Erasure obligation
You may demand the controller to delete your personal data without delay, and the controller shall be required to delete that information immediately if one of the following is true:
(1) If your personal data are no longer necessary for the purposes for which it was collected or otherwise processed;
(2) You revoke your consent to the processing pursuant to Article 6 para. 1 lit. a or Article 9 para 2 lit. a of the GDPR and there is no other legal basis for processing.
(3) You object pursuant to Article 21 para 1 of the GDPR and there are no overriding legitimate reasons for processing, or you object to the processing pursuant to Article 21 para 2 of the GDPR.
(4) if your personal data has been unlawfully processed;
(5) if your personal data has to be erased for compliance with a legal obligation in Union or Member State law to which the data controller is subject;
(6) The personal data were collected in relation to the information society services offered in accordance with Article 8 para. 1 of the GDPR.
To exercise your right to erasure, you can send us a message.
- b) Information to third parties
If the personal data of Gatewatcher were made public and our company as the controller is obligated in accordance with Article 17 para. 1 of the GDPR to commit to the deletion of personal data, therefore, taking into account the available technology and implementation costs, Gatewatcher shall take appropriate measures, including technical means, to inform other controllers who process the published personal data that the data subject has requested from these other controllers the erasure of all links to such personal data or of copies or replications of such personal data, unless the processing is necessary. The employee of Gatewatcher shall make the necessary arrangements on a case by case basis.
- c) Exceptions
You do not have the right to erasure if processing of your data is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfil a legal obligation requiring the data to be processed under the law of the Union or the Member States to which the controller is subject, or to perform a task in the public interest, or in the exercise of official authority delegated to the controller;
(3) for reasons of public interest in the field of public health, pursuant to Article 9 para. 2 lit. h and i and Article 9 para. 3 of the GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Article 89 para 1 of the GDPR, to the extent that the law referred to in section (a) is likely to render impossible or seriously prejudice the achievement of the objectives of that processing, or
(5) for the establishment, exercise or defence of legal claims.
Right to restriction of processing
Any data subject has the right, as granted by the European guideline and regulatory body, to demand that the controller restrict the processing of such data if one of the following conditions is met:
- The correctness of the personal data is refuted by the data subject for a period of time that enables the controller to verify the correctness of the personal data.
- The processing is unlawful, the data subject declines the erasure of personal data and instead demands that the use of personal data be restricted.
- The controller no longer needs the personal data for the purposes of processing, but the data subject does need them to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing of the data pursuant to Article 21 para. 1 of the GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh those of the data subject.
Insofar as one of the abovementioned conditions is met and a data subject wishes to request the restriction of personal data stored by Gatewatcher, they can contact an employee of the controller or the data protection officer at any time. The employee of Gatewatcher shall make arrangements for the restriction of processing.
Right to data portability
Any data subject has the right, as granted by the European guideline and regulatory body, to receive personal data relating to him or her provided by the data subject to a controller in a structured, established and machine readable format. In addition, the data subject has the right to transmit these data to another controller without hindrance by the current controller to whom the personal data has been made available, provided that the processing does not conflict with the given consent in accordance with Article 6 para. 1 lit. a of the GDPR or Article 9 para. 2 lit. a of the GDPR, that concerns a contract pursuant to Article 6 para 1 lit. b of the GDPR and the processing is performed with the aid of automated procedures, provided that the processing is not necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.
Furthermore, the data subject has the right to transfer data pursuant to Article 20 para. 1 of the GDPR, he or she has the right to demand that the personal data be transmitted directly by a controller, insofar as this is technically feasible and insofar as this does not affect the rights and freedoms of other persons.
To assert the right of data portability, the data subject may at any time contact an employee of Gatewatcher or the data protection officer.
Right to object
Any data subject has the right, as granted by the European guideline and regulatory body, for reasons arising from his or her particular situation, to object at any time to the processing of personal data relating to him or her, as provided for in Article 6 para 1 lit. e or f of the GDPR. This also applies to profiling based on these clauses.
Gatewatcher shall no longer process personal data unless we can prove compelling reasons of security for such processing which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If Gatewatcher processes personal data to carry out direct advertising, then the data subject has at any time the right to object to the processing of personal data for the purpose of such direct advertising. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the processing of data for direct advertising purposes by Gatewatcher, then Gatewatcher shall no longer process the personal data for such purposes.
In addition, the data subject has the right, for reasons arising from his or her particular situation, to oppose the processing of personal data concerning him or her that is processed by Gatewatcher for scientific or historical research purposes or for statistical purposes in accordance with Article 89 para. 1 of the GDPR, unless such processing is necessary for the fulfilment of a task in the public interest.
To exercise the right of objection, the data subject may at any time contact an employee of Gatewatcher or the data protection officer. The data subject is also free to exercise his or her right to object to the use of the data for services provided by information societies, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
Right to withdraw consent under data protection law
Any data subject has the right, as granted by the European guideline and regulatory body, to withdraw consent to the processing of personal data at any time.
If the data subject wishes to assert his or her right to withdraw consent, they may, at any time, contact an employee of the controller or the data protection officer.
Automated individual decision making including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the data controller,
(2) is permitted by Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
(3) is made with your express consent.
However, these decisions must not be based on special categories of personal data pursuant to Article 9 para 1 of the GDPR, unless Article 9 para. 2 lit. a or g of the GDPR applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in points (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
Legal basis of data processing
Article 6 para. 1 lit. a of the 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 necessary for the supply of goods or to provide any other service, the processing is based on Article 6 para. 1 lit. b of the 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. If our company is 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 Article 6 para. 1 lit. c of the 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 at our company premises and his or her 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 Article 6 para. 1. lit. d of the GDPR.
Finally, processing operations could be based on Article 6 para. 1. lit. f of the 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. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. It considers that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 of the GDPR).
Legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6 para. 1 lit. f of the GDPR, our legitimate interest is to carry out our business in favour of the wellbeing of all our employees and the shareholders.
Period for which the personal data shall 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 shall be routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
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 in order to conclude a contract that the data subject provide us with personal data, which must subsequently be processed by us. The data subject is, for example, obligated 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 are provided by the data subject, the data subject must contact any employee. The employee shall clarify 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.