Data Protection Policy

We are delighted that you are interested in our company. The management of REM CAPITAL AG attaches particular importance to data protection. Fundamentally, it is possible to use the website of REM CAPITAL AG without providing any personal data. However, if a data subject would like to make use of special services that our company offers on our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we generally obtain the consent of the data subject.

Personal data such as a data subject’s name, address, e-mail address or telephone number is always processed in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to REM CAPITAL AG. Our company has issued this Data Protection Policy to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this Data Protection Policy informs data subjects about their rights.

REM CAPITAL AG, as the controller for processing, has implemented numerous technical and organisational measures to ensure the most flawless protection possible of the personal data processed through this website. Nevertheless, Internet-based data transmissions may have security gaps as a rule, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

  1. Definitions of terms

REM CAPITAL AG’s Data Protection Policy is based on the terms used by the European legislators for directives and regulations in the adoption of the General Data Protection Regulation (GDPR). Our Data Protection Policy should be easy for the public as well as our clients and business partners to read and understand. To ensure this, we would like to explain the terms used in advance.

In this Data Protection Policy, we have used, among others, the following terms:

  1. a)    Personal data

Personal data consists of any information relating to an identified or identifiable natural person (hereinafter referred to as the “Data Subject”). A natural person is considered to be identifiable, directly or indirectly, in particular if they can be identified by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more characteristics that are specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  1. b)    Data Subject

A Data Subject is any identified or identifiable natural person whose personal data are processed by the controller responsible for processing.

  1. c)    Processing

Processing is any operation or set of operations in connection with personal data, whether or not by automated means, such as collection, recording, organisation, ordering, storage, adaptation or alteration, selection, requesting, use, disclosure by transmission, dissemination or another form of provision, alignment or combination, restriction, erasure or destruction.

  1. d)    Restriction of processing

Restriction of processing is the marking of stored personal data with the goal of restricting the future processing of such data.

  1. e)    Profiling

Profiling is any type of automated processing of personal data consisting of 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, conduct, whereabouts or movements of that natural person.

  1. 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 drawing on the additional information, provided that this additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

  1. g)    Controller or controller for processing

The controller or controller for processing is the natural person or legal entity, public authority, institution or any other body which alone or jointly with others determines the purposes and means of processing personal data. Where the purposes and means of such processing are laid out in European Union law or by the law of the Member States, such can be required by the controller or the specific criteria for his, her or its designation in accordance with European Union law or the law of the Member States.

  1. h)    Contract data processor

The contract data processor is a natural person or legal entity, public authority, institution or other body processing personal data on behalf of the controller.

  1. i)      Recipient

Recipient means any natural person or legal entity, public authority, institution or other body to whom personal data are disclosed, irrespective of whether that person or entity is a third party. However, authorities that may receive personal data in the context of a specific investigation order under European Union law or law in Member States shall not be considered as recipients.

  1. j)      Third party

A third party is a natural person or legal entity, public authority, institution or body other than the Data Subject, the controller, the contract data processor and the persons who are authorised to process the personal data under the direct responsibility of the controller or the contract data processor.

  1. k)    Consent

Consent means any statement of the Data Subject’s will issued voluntarily for the specific case and done so in an informed and unequivocal manner in the form of a declaration or other unambiguous confirmatory act where the Data Subject indicates his or her consent to the processing of personal data relating to him or her.

  1. Name and address of the controller for processing

The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

REM CAPITAL AG

Tübinger Strasse 43

70178 Stuttgart

Germany

Tel.: +49 (0)711 2273 9288

E-mail: datenschutz@remcapital.de

Website: www.remcapital.de

You can reach our data protection officer at peter.rappold@silista.de or under our postal address with the addition of “Data Protection Officer”. Every Data Subject can contact our data protection officer directly at any time with any questions and suggestions related to data protection.

  1. Cookies

The Internet pages of REM CAPITAL AG use cookies. Cookies are text files placed and stored on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the specific browser of the Data Subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified by the unique cookie ID.

The use of cookies lets REM CAPITAL AG provide users of this website with more user-friendly services, which would not be possible without placing cookies.

The information and offers on our website can be optimised for the user by using cookies. Cookies enable us, as already mentioned, to recognise the users of our website. The purpose of this recognition is to make it easier for users to negotiate our website. For example, the user of a website that has cookies placed on it does not have to re-enter his or her access data each time he or she visits the website, as this is done by the website and the cookie placed on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The Data Subject can prevent our website from placing cookies at any time by setting the used Internet browser accordingly and thus permanently objecting to the placement of cookies. Furthermore, cookies that have already been placed can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the Data Subject deactivates the placement of cookies in the Internet browser he or she uses, it is possible that not all features of our website will be available for use to their full extent.

  1. Collection of general data and information

REM CAPITAL AG’s website collects a range of general data and information every time the website is called up by a Data Subject or an automated system. This general data and information is stored in the log files of the server. The following is recorded: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system enters our website (so-called referrer), (4) the Internet subpages that are controlled via an accessing system on our website, (5) the date and time the Internet page is called up, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.

REM CAPITAL AG does not draw any conclusions about the Data Subject when using this general data and information. Rather, this information is required to (1) deliver the contents of our website correctly, (2) optimise the contents of our website as well as the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website as well as (4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyber attack. Such anonymously collected data and information are therefore evaluated by REM CAPITAL AG in part for statistical purposes and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an ideal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a Data Subject.

  1. Possibility to contact through website

REM CAPITAL AG’s website contains information which, due to legal regulations, enables rapid electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). When a Data Subject contacts the controller for processing by e-mail or by using a contact form, the personal data transmitted by the Data Subject are automatically stored. Such personal data transmitted on a voluntary basis from a Data Subject to the controller for processing are stored for the purposes of processing or for contacting the Data Subject. This personal data will not be shared with third parties.

  1. Routine erasure and blocking of personal data

The controller for processing shall process and store personal data of the Data Subject only for the time necessary to achieve the purpose of storage or as stipulated by European legislators for directives and regulations or other legislators in laws or regulations to which the controller for processing is subject.

If the purpose of storage ceases to apply or if a storage period required by European legislators for directives and regulations or any other competent legislators expires, the personal data will be blocked or erased in routine operations and in accordance with the statutory provisions.

  1. Rights of Data Subject
  2. a)    Right to confirmation

Every Data Subject has the right, as granted by European legislators for directives and regulations, to obtain confirmation from the controller for processing as to whether personal data relating to him or her are being processed. If a Data Subject would like to exercise this right of confirmation, he or she may at any time contact an employee of the controller for processing.

  1. b)    Right to information

Every Data Subject affected by the processing of personal data has the right, as granted by European legislators for directives and regulations, to obtain, at any time and free of charge from the controller for processing, information on the personal data stored in relation to him or her and a copy thereof. In addition, the European legislators for directives and regulations have granted the Data Subject the right to have the following information disclosed:

    • the processing purposes
    • the categories of personal data processed
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, particularly in the case of recipients in third countries or international organisations
    • if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining this period
    • the existence of a right to rectification or erasure of personal data relating to him or her or a right to restrict the processing by the controller or a right to object to such processing
    • the existence of a right of appeal to a supervisory authority
    • if personal data are not collected on the Data Subject: all available information about the origin of the data
    • the existence of an automated decision-making including profiling in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended impact of such processing on the Data Subject.

The Data Subject also has a right to obtain information as to whether personal data have been transmitted to a third country or to an international organisation. Where this is the case, the Data Subject shall also have the right to obtain information on the appropriate guarantees in connection with the transmission.

If a Data Subject would like to exercise this right to obtain information, he or she may at any time contact an employee of the controller for processing.

  1. c)    Right to rectification

Every Data Subject affected by the processing of personal data has the right, as granted by European legislators for directives and regulations, to demand that incorrect personal data concerning him or her be rectified without delay. The Data Subject shall also have the right to demand the completion of incomplete personal data – including in the form of a supplementary declaration – with consideration given to the purposes of the processing.

If a Data Subject would like to exercise this right to rectification, he or she may contact an employee of the controller for processing at any time.

  1. d)    Right to erasure (right to be forgotten)

Every Data Subject affected by the processing of personal data has the right, as granted by European legislators for directives and regulations, to demand that personal data related to him or her be erased immediately if one of the following reasons applies and if processing is not required:

    • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
    • The Data Subject revokes the consent on which the processing was based in accordance with Article 6 (1)(a) GDPR or Article 9 (2)(a) GDPR, and there is no other legal basis for the processing.
    • The Data Subject lodges an objection to the processing in accordance with Article 21 (1) GDPR, and there are no overriding legitimate reasons for the processing, or the Data Subject lodges an objection to the processing in accordance with Article 21 (2) GDPR.
    • Personal data were processed unlawfully.
    • The erasure of personal data is necessary to comply with a legal obligation under European Union law or law in the Member State to which the controller is subject.
    • The personal data were collected in relation to information society services offered in accordance with Article 8 (1) GDPR.

If any of the above reasons apply and a Data Subject would like to have personal data stored by REM CAPITAL AG erased, he or she may contact an employee of the controller for data processing at any time. The employee of REM CAPITAL AG will arrange for the fulfilment of the erasure request immediately.

If the personal data have been made public by REM CAPITAL AG and if our company as controller in accordance with Art. 17 (1) GDPR is obligated to erase the personal data, REM CAPITAL AG shall take reasonable measures, including technical measures, with consideration given to the available technology and the implementation costs, to inform other controllers responsible for data processing who process the published personal data that the Data Subject has demanded that these other controllers for data processing erase all links to these personal data or copies or replications of such personal data, unless the processing is required. The employee of REM CAPITAL AG will take the necessary steps in individual cases.

  1. e)    Right to restrict processing

Every Data Subject affected by the processing of personal data has the right, as granted by European legislators for directives and regulations, to demand that the controller restrict the processing if one of the following conditions is met:

    • The accuracy of the personal data is contested by the Data Subject, and this is done for a period of time that allows the controller to verify the accuracy of the personal data.
    • The processing is unlawful; the Data Subject refuses to have the personal data erased and instead demands that the use of the personal data be restricted.
    • The controller no longer needs the personal data for the purposes of the processing, but the Data Subject needs them for the purpose of asserting, exercising or defending legal claims.
    • The Data Subject has lodged an objection to the processing in accordance with Art. 21 (1) GDPR, and it is not yet clear whether the legitimate reasons of the controller outweigh those of the Data Subject.

If one of the aforesaid conditions is met and a Data Subject wishes to request the restriction of personal data stored by REM CAPITAL AG, he or she may contact an employee of the controller for processing at any time in this regard. The employee of REM CAPITAL AG will arrange for the restriction of processing.

  1. f)     Right to data portability

Every Data Subject affected by the processing of personal data has the right, as granted by European legislators for directives and regulations, to receive in a structured, common and machine-readable format the personal data related to them where the Data Subject provided such to a controller. He or she also has the right to transfer these data to another controller without being hindered by the controller to whom the personal data were provided if the processing is based on consent in accordance with Art. 6 (1)(a) GDPR or Art. 9 (2)(a) GDPR or on a contract in accordance with Art. 6 (1)(b) GDPR, and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the handling of a task carried out in the public interest or in the exercise of official authority transferred to the controller.

In exercising his or her right to data portability in accordance with Art. 20 (1) GDPR, the Data Subject also has the right to demand that the personal data be transmitted directly from one controller to another, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not affected.

In order to assert the right to data portability, the Data Subject may contact an employee of REM CAPITAL AG at any time.

  1. g)    Right to object

Every Data Subject affected by the processing of personal data has the right, as granted by European legislators for directives and regulations, to lodge an objection at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her where such is handled on account of Article 6 (1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, REM CAPITAL AG will no longer process the personal data, unless we can prove compelling reasons for processing which are worthy of protection and outweigh the interests, rights and freedoms of the Data Subject, or the processing is intended to assert, exercise or defend legal claims.

If REM CAPITAL AG processes personal data for the purpose of direct marketing, the Data Subject has the right to lodge an objection to the processing of the personal data for the purpose of such marketing at any time. This also applies to profiling, insofar as it is related to such direct soliciting. If the Data Subject objects to REM CAPITAL AG’s processing for direct marketing purposes, REM CAPITAL AG will no longer process the personal data for these purposes.

In addition, the Data Subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her at REM CAPITAL AG for the purposes of scientific or historical research or for statistical purposes in accordance with Article 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

In order to exercise the right to object, the Data Subject may directly contact any employee of REM CAPITAL AG or any other employee. The Data Subject shall also be free to exercise his or her right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures where technical specifications are used.

  1. h)    Automated decisions in individual cases including profiling

Every Data Subject affected by the processing of personal data has the right, as granted by European legislators for directives and ordinances, not to be subject to a decision based solely on automated processing, including profiling, where such has legal effects with regard to him or her or significantly compromises him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or execution of a contract between the Data Subject and the controller, or (2) is lawful on account of legal provisions in the European Union or Member States to which the controller is subject, and that such legal provisions contain adequate measures to safeguard the rights and freedoms and legitimate interests of the Data Subject, or (3) is made with the express consent of the Data Subject.

If the decision is (1) necessary for the conclusion or execution of a contract between the Data Subject and the controller or (2) is made with the express consent of the Data Subject, REM CAPITAL AG will take reasonable measures to safeguard the rights and freedoms and the legitimate interests of the Data Subject, including at least the right to obtain the intervention of a person on the part of the controller, to express the controller’s own point of view and to challenge the decision.

If the Data Subject would like to exercise rights related to automated decisions, he or she may at any time contact an employee of the controller for processing.

  1. i)      Right to revoke a data protection consent

Every Data Subject affected by the processing of personal data has the right, as granted by European legislators for directives and regulations, to revoke a consent for the processing of personal data at any time.

If the Data Subject would like to exercise his or her right to revocation of a consent, he or she may at any time contact an employee of the controller for processing.

  1. Data protection in the case of applications and in the application procedure

The controller for processing collects and processes the personal data of applicants for the purpose of processing the application procedure. The processing may also be carried out by electronic means. This is in particular the case when an applicant submits relevant application documents to the controller for processing by electronic means, such as e-mail or a web form available on the website. If the controller for processing concludes an employment contract with an applicant, the transmitted data is stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller for processing does not conclude an employment contract with the applicant, the application documents shall be automatically erased two months after notification of the decision to reject the application, unless erasure conflicts with any other legitimate interests of the controller. Other legitimate interests in this sense include, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act [Allgemeines Gleichbehandlungsgesetz, AGG].

  1. Legal basis of processing

For our company, Art. 6 I (a) GDPR acts as a legal basis for processing operations where we obtain a consent for a specific processing purpose. If the processing of personal data is required for the execution of a contract to which the Data Subject is a contracting party, as is the case, for example, with processing operations required for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I (b) GDPR. The same applies to those processing operations that are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation that makes it necessary to process personal data, for example to comply with tax obligations, the processing is based on Art. 6 I (c) GDPR. In rare cases, the processing of personal data might be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his name, age, health insurance details or other vital information were then to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I (d) GDPR. Ultimately, processing operations could be based on Art. 6 I (f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are handled on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the Data Subject outweigh ours. We are allowed to undertake such processing operations in particular because they were specifically mentioned by European legislators. In this respect, they adopted the position that a legitimate interest could be assumed if the Data Subject is a client of the controller (Recital 47 (2) GDPR).

  1. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I (f) GDPR, our legitimate interest is the execution of our business activities for the benefit of the well-being of all our employees and our shareholders.

  1. Period for which the personal data are stored

The criterion for the period of storage for personal data is the respective legal retention period. After expiry of the deadline, the corresponding data are routinely erased, provided that they are no longer required for the fulfilment of the contract or the initiation of the contract.

  1. Statutory or contractual provisions on making personal data available; the necessity of concluding the contract; the obligation of the Data Subject to provide the personal data; possible consequences of non-provision

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes, to conclude a contract, it may be necessary for a Data Subject to provide us with personal data, which must subsequently be processed by us. For example, the Data Subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the Data Subject could not be concluded. Before the Data Subject provides personal data, he or she must contact one of our employees. Our employee will inform the Data Subject on a case-by-case basis whether the provision of 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 what the consequences would be if the personal data were not provided.

  1. Data protection policy for Google Maps

This website uses the product Google Maps from Google Inc. By using this website, you agree to the collection, processing and use of automatically collected data by Google Inc, its representatives and third parties.
The terms and conditions of use for Google Maps can be found under “Terms and Conditions of Use for Google Maps”

  1. Existence of an automated decision-making

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

This Data Protection Policy was drafted by the Data Protection Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer for Upper Palatinate, in cooperation with the lawyer for data protection Christian Solmecke.