Privacy policy

Data protection is very important to Nosta GmbH. Our efforts to meet the requirements of the European General Data Protection Regulation (GDPR) and the new version of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) are primarily centred on respecting your privacy and personal sphere.

For modern companies like Nosta GmbH, using electronic data processing systems (IT) is a vital process today. When we do so, we do, of course, apply the highest standards when complying with legal regulations.

It is possible to use Nosta GmbH’s website without providing any personal data. If, however, a data subject wishes to use certain services that our company provides via the website, the processing of personal data might be required. If personal data must be processed and there is no legal basis for this, we generally obtain the data subject’s consent.

We never sell or loan your personal information to third parties for their marketing purposes or for other purposes. If you do not agree to the terms of the privacy policy, do not forward any personal data to us.

1. General/Definitions

This privacy policy is based on the terms used in the GDPR and should be easy for anyone to read and understand. We would therefore like to clarify a number of terms first:

1. Personal Data
   Personal data includes all information relating to an identified or identifiable natural person (hereinafter referred to as the ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by a reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
2. Data subject/subject
   Data subjects are any identified or identifiable natural persons whose personal data is processed by the controller responsible for processing.
3. Processing
   Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
4. Restriction of processing
   Restriction of processing means the marking of stored personal data with the aim of restricting processing in the future.
5. Profiling
   Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
6. Pseudonymisation
   Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
7. Controller
   Controller means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means for processing personal data. If the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
8. Processor
   Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
9. Recipient
   Recipient means a natural or legal person, public authority, agency or other body, to which the personal data is disclosed whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
10. Third parties
    Third party means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
11. Consent
    Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

 

2. Information about collecting personal data

1. We inform you below about how we collect personal data when you use our website. Personal data concerns any data that can be related to you personally, e.g. name, address, e-mail address, user behaviour, etc.
2. The controller pursuant to Article 4(7) of the EU General Data Protection Regulation (GDPR) is
   Nosta GmbH
   represented by the Managing Director Gregor Ludley
   An der Bahn 5
   89420 Höchstädt
   Tel.: 09074 / 42-0
   E-Mail: nosta@nosta.com
   Website: www.nosta.com
3. Our data protection officer is:
   Mr. Sascha Weller (Lawyer), IDR – Institut für Datenschutzrecht (‘Institute for Data Protection Law’)
   Ziegelbräustrasse 7
   85049 Ingolstadt
   Tel.: 0841 – 885 167 15
   E-Mail: ra-weller@idr-datenschutz.de
   Website: www.idr-datenschutz.de
4. If you contact us by e-mail or via the contact form, we automatically save the data you share with us (your e-mail address, and possibly also your name and phone number) for the purpose of responding to your questions. Such personal data sent by a data subject to the controller responsible for processing on a voluntary basis is stored exclusively for the purposes of processing or communicating with the data subject. We erase any data that arises in this context as soon as it no longer needs to be stored, or we restrict processing if there are legal retention requirements.
5. If we use service providers for individual functions on our website, or if we wish to use your data for advertising purposes, we have included detailed information relating to the respective processes below. In doing so, we also specify the criteria for the storage period.
6. As the controller responsible for processing, we have implemented a number of technical and organisational measures to ensure that the personal data processed via this website is protected as comprehensively as possible. However, by their nature, web-based data transmissions may have security flaws, meaning that complete protection cannot be guaranteed. For this reason, each data subject may forward personal data to us by other means, for example, by phone.
7. As a responsible company, we do not use automated decision-making or profiling.

 

3. Your rights

1. 1. You may assert the following rights against us with respect to your personal data:

      Right of access
      Any data subject affected by the processing of personal data has the right under the GDPR to obtain from the controller responsible for processing information, at any time and free of charge, the personal data stored about them, and to receive a copy of that information. Furthermore, the European issuing body and regulator acknowledges that the data subject may obtain the following information:

      1. the purposes of the processing;
      2. the categories of personal data concerned;
      3. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
      4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
      5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
      6. the right to lodge a complaint with a supervisory authority;
      7. where personal data is not collected from the data subject, any available information relating to the origin of such data; and
      8. the existence of automated decision-making, including profiling, referred to in Articles 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

      In addition, the data subject has a right to obtain confirmation as to whether or not data has been transferred to a third country or an international organisation. If this is the
      case, the data subject also has the right to obtain information about the appropriate guarantees in connection with the transfer.

      If a data subject wishes to exercise this right of access, the data subject can contact an employee of the controller responsible for processing about this matter at any time.

      Right to revoke consent under data protection law
      Any data subject affected by the processing of personal data has the right to revoke consent to the processing of personal data at any time.

      If a data subject wishes to exercise this right to revoke consent, the data subject can contact an employee of the controller responsible for processing about this matter at any time using any means of communication.

      Right to rectification
      The data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of processing, the data subject has the right to have incomplete personal data completed, also by means of a supplementary declaration.

      If a data subject wishes to exercise this right of access, the data subject can contact an employee of the controller responsible for processing about this matter at any time.

      Right to erasure/right to be forgotten
      The data subject has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies:

      1. the personal data is no longer required for the purposes for which it was collected or otherwise processed;
      2. the data subject revokes consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
      3. the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
      4. the personal data has been unlawfully processed;
      5. the personal data must be erased to comply with a legal obligation under Union or Member State law to which the controller is subject;
      6. the personal data has been collected in relation to the offer of information society services referred to in Article 8(1).

      If a data subject wishes to exercise this right to erasure/right to be forgotten, he or she can contact an employee of the controller responsible for processing about this matter at any time.

      If we have made the personal data public and are obliged pursuant to Article 17(1) of the GDPR to erase the personal data, taking account of available technology and the cost of implementation, we shall take reasonable steps, including technical measures, to inform controllers processing the personal data that a data subject has requested erasure by such controllers of any links to, or copy or replication of, such personal data. Our employees will take the necessary steps.

      Right to restriction of processing
      The data subject shall have the right to obtain from the controller restriction of processing where one of the following conditions applies:

      1. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
      2. the processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of use of the personal data instead;
      3. the controller no longer needs the personal data for the purposes of processing, but it is required by the data subject for the establishment, exercise, or defence of legal claims; and
      4. the data subject has objected to processing pursuant to Article 21(1) as long as it is not yet established whether the legitimate grounds of the controller override those of the data subject.

      If a data subject wishes to exercise this right to restriction of processing, he or she can contact an employee of the controller responsible for processing about this matter at any time.

      The right to object against processing
      Any data subject affected by the processing of personal data has the right under the GDPR to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on those provisions.

      If an objection has been lodged, we shall no longer process personal data unless we are able to demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject or processing serves the purpose of establishing, exercising or defending legal claims.

      If we process personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data for such marketing. This also applies to profiling if it relates to such direct marketing. If the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

      If personal data is processed by us for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, the data subject, on grounds relating to his or her particular situation, shall also have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

      The data subject may directly contact an employee to exercise his or her right to object. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may also exercise his or her right to object by automated means using technical processes.

      Right to data portability
      The data subject has the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used, and machine-readable format and has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

      1. the processing is based on consent pursuant to point (a) of Article 6(1) or point(a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
      2. the processing is carried out by automated means.

      In exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that the rights and freedoms of another person are not compromised.

      If a data subject wishes to exercise this right to data portability, he or she can contact an employee of the controller responsible for processing about this matter at any time.

      Automated individual decision-making, including profiling
      Any data subject affected by the processing of personal data shall have the right under the GDPR not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision

      1. is not necessary for entering into, or performance of, a contract between the data subject and a data controller; or
      2. is authorised by Union or Member State law to which the controller is subject, and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
      3. is based on the data subject’s explicit consent.

      If the decision is necessary for entering into, or performance of, a contract between the data subject and the controller, or if it is carried out based on the data subject’s explicit consent, we shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

      If a data subject wishes to exercise this right with respect to automated decisions, he or she can contact an employee of the controller responsible for processing about this matter at any time.

   2. Furthermore, you have the right to lodge a complaint with a data protection supervisory authority concerning how we process your personal data. The supervisory authority responsible for our company is:
      Bayerisches Landesamt für Datenschutzaufsicht (Bavarian State Office for Data Protection)
      Promenade 18
      91522 Ansbach
      Tel.: 0981 / 180093-0
      Fax: 0981 / 180093-800
      E-Mail: poststelle@lda.bayern.de

 

4. Collecting personal data when visiting our website/cookies

1. If you use our website purely for information purposes, i.e. if you do not register or share information with us in another way, we only collect personal data that your browser sends to our server. If you wish to view our website, we collect the following data, which is necessary for technical reasons to display our website to you and to ensure stability and security (the legal basis is sentence 1 of point (f) of Article 6(1) of the GDPR):
   • IP address;
   • date and time of access;
   • time zone difference in relation to Greenwich Mean Time (GMT);
   • Internet service provider for the accessing system;
   • content of the request (specific site);
   • access status/HTTP status code;
   • respective data volume transmitted;
   • website from which the request came (referrer);
   • browser;
   • operating system and interface; and
   • browser software language and version.
2. In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you use and are used by the party that places the cookie on your computer (here, by us) to obtain specific information. Cookies cannot execute any programs or transfer viruses to your computer. They are used to make the website more user-friendly and effective overall.
3. Use of cookies
   1. 1. Basically, the following cookie types/functions are distinguished:
         1. Transient cookies are automatically deleted when you close the browser. These include in particular session cookies. These store a so-called session ID, with which various requests of your browser can be assigned to the common session. This allows your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close the browser.
         2. Persistent cookies are deleted automatically after a specified duration, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
         3. Necessary cookies are those that are absolutely necessary for the operation of a homepage.
         4. Statistical, marketing or personalisation cookies are used, inter alia, as part of reach measurement and also, for example, when a user’s interests or behaviour are to be stored in a user profile. This procedure is also referred to as “tracking”. Insofar as we use cookies or “tracking” services, we will inform you separately in our data protection declaration or in the context of obtaining consent.
         5. You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. Please note that you may not be able to use all functions of this website.
         6. We use cookies to identify you for subsequent visits if you have an account with us. Otherwise, you would have to log in again for each visit.
      2. In principle, the data processed with the help of cookies is processed on the basis of our legitimate interests (Art. 6(1) lit. f)) or, if the use of cookies is necessary to fulfil our contractual obligations (Art. 6(1) lit. b)). If we ask you for consent, the legal basis for the processing of the data is the declared consent (Art. 6(1) lit a)).
      3. Of course, you have the option at any time to revoke given consent or to object to the processing of your data by cookie technologies (“opt-out”). Your objection can initially be declared using the settings of your browser. An objection to the use of cookies for online marketing purposes can also be declared by means of a variety of services, especially in the case of tracking, via the US site aboutads.info/choices/ or the EU site www.youronlinechoices.com or generally on optout.aboutads.info.
      4.  

 

5. Other website features and offerings

1. In addition to the purely informational use of our website, we offer a number of services that you may use if you are interested in them. To do so, you generally have to provide other personal data that we use to provide the respective service and to which the above-mentioned data processing principles apply.
2. We sometimes use external service providers to process your data. These providers are carefully selected and commissioned by us, are bound to our instructions and are subject to regular monitoring.
3. The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offering. In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data, and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6(1) lit. f GDPR in conjunction with Art. 28 GDPR.
4. Furthermore, we may transmit your personal data to third parties if we offer promotions, competitions, contract conclusions or similar services together with partners. You will receive more information about this when you provide your personal data or below in the description of the offer.
5. If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.

 

6. Data protection for applications

The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. Processing may also take place electronically. This is the case, in particular, if an applicant submits relevant application documents to the controller by electronic means, for example by e-mail or via a contact form located on the website. If the controller concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment contract in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be deleted automatically unless otherwise justified by the legitimate interests of the controller. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (GETA).

The processing of applicant data is carried out in order to fulfil our (pre)contractual obligations in the context of the application procedure within the meaning of Art. 6(1) lit. b. GDPR, Art. 6(1) lit. f. GDPR insofar as the data processing becomes necessary for us, e.g. within the scope of legal procedures (in Germany, § 26 Federal Data Protection Act (BDSG) also applies).

 

7. Objection or revocation of consent with respect to processing your data

1. If you have given your consent to the processing of your data, you may withdraw this at any time using any means of communication. Such an objection will affect the permissibility of the processing of your personal data once you have lodged your objection with us.
2. Insofar as we base the processing of personal data on balancing interests, you may object to processing. This is the case if processing is not specifically required for the performance of a contract with you, which we outline below in the description of features. When exercising such an objection, we ask that you provide a description of the reasons why you no longer wish us to process your personal data. If you provide a reasoned objection, we will review the matter and cease or adjust data processing, or present you with our compelling legitimate reasons why we will continue processing.
3. You may, of course, object to the processing of your personal data for the purposes of marketing and data analysis at any time. You may contact us about your objection to marketing at the address given under point 2. (2).

    

8. Legal or contractual provisions for providing personal data/necessity of concluding a contract/consequences if data is not provided/deletion

1. We would like to inform you that the provision of personal data is sometimes required by law. However, it may also be possible that a data subject must provide us with personal data for the performance of a contract. Failure to provide such data would mean that the contract could not be concluded. Our staff will be happy to answer questions related to individual cases.
2. The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated within the scope of this data protection declaration, 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, i.e. the data is blocked and is not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.

In keeping with legal requirements, data is stored in particular for 10 years in accordance with §§ 147 para. 1 German Fiscal Code (AO), 257 para. 1 nos. 1 and 4, para. 4 Commercial Code (HGB) (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 Commercial Code (HGB) (commercial letters).

9. Web analytics

1. Using Matomo

1. This website uses the web analysis service Matomo, a service from the provider InnoCraft Ltd., 150 Willis St., 6011 Wellington, New Zealand, to analyse the use of our website and to be able to improve it at regular intervals. The statistics obtained enable us to improve our offer and make it more interesting for you as a user. The legal basis for using Matomo is sentence 1 of point (f) of Article 6(1) of the GDPR.
2. Cookies are saved on your computer for this evaluation (more information in point 4). The information collected in this way is stored by the controller exclusively on its server in Germany. You can stop such evaluation by deleting existing cookies and disabling the saving of cookies. If you disable the saving of cookies, please note that you may not be able to use this website to its full extent. It is possible to disable the saving of cookies by changing your browser settings. It is also possible to disable Matomo by removing the check in the following box, thus activating the opt-out plug-in:
3. This website uses Matomo with the ‘AnonymizeIP’ extension. This means that IP addresses are processed in a truncated form, which means that they cannot be directly linked to a person. The IP address sent from your browser as part of Matomo will not be merged with other data we collect.
4. The Matomo program is an open source project. You can find information about data protection by the third-party provider at http://matomo.org/privacy/policy.

1. We use the service Google Maps on this website. This allows us to show you interactive maps directly on our website and to allow you to conveniently use the map feature.
2. By visiting the website, Google receives the information that you have accessed the corresponding sub-page of our website. In addition, the data mentioned in section 4 of this declaration is transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not wish to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or designing its website to meet your needs. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
   The legal basis is Art. 6(1) p. 1 lit. f) GDPR (legitimate interests) and Art. 6(1) p. 1 lit. a) DGPR (consent).
3. Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the provider’s privacy policy. There you will also find further information on your rights in this regard and on setting options for protecting your privacy: google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
4. You have the option of opting out at: https://adssettings.google.com/authenticated.

 

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