Website Privacy Policy

(Last update: March 2020)

 

At FLEX Capital, we are committed to handling information about the website visitor responsibly and we respect your right to privacy. This Websites Privacy Policy describes the processing operations and types of personal information we collect about you, how we may use that information and with whom we may share it. It also describes the measures we take to protect the security of your personal information and how you can reach us to answer any questions you may have about our privacy practices. Any changes to this Privacy Policy will be posted here, so please check FLEX Capital‘s Privacy Policy on a regular basis when you visit the FLEX Capital website.

 

1. The responsible authority

The responsible provider of the website www.flex.capital (“Website“) is FLEX Capital Management GmbH (“we“ or “FLEX Capital“). Our principal place of business is situated in Münzstraße 21, 10178 Berlin, Germany.

 

FLEX Capital is within the meaning of the General Data Protection Regulation (“GDPR“) responsible for collecting, processing and using of personal information of the website visitors (“you“ or “user“). If you have any questions or concerns relating to this website, the way we process your personal data or anything else about the Privacy Policy, please contact us by mail at privacypolicy@flex.capital . You can find our complete contact details on the website.

 

This privacy policy informs users about the processing operations and usage of personal data. A current version of the privacy policy is available on the website.

 

2. Personal information

2.1 Collecting, processing and using of personal information

In principle, you can visit our website for informational purposes. We may process your personal information when you provide it to us directly and all legal conditions are fulfilled , e.g. when you contact us via email or the contact form, when it is necessary for technical reasons or when we get the information from a third-party source, e.g. from a company for whom you work.

 

Personal information is information that either alone or in combination with other information can directly identify you. Sensitive personal data will only be processed by us if you have provided this data to us directly.

 

When you visit the Website, your browser sends various information to our servers. The information is required in order to establish and maintain the connection and this data is not combined with any other data about you. Your browser sends the following information automatically to our servers:

 

  • IP address
  • Date and time of visit
  • Requested data volume
  • Request successful/not successful
  • Previous and subsequent visited page browser
  • Browser’s version
  • Operating system and operating system’s version

 

We may use personal information about you:

 

  • to provide you with our services and information
  • to provide periodic business updates
  • to invite you to events
  • to send you information on news
  • to improve our services and communications to you
  • for the purposes of employment, partnership or the supply or retention of services
  • to send you invoices or reminder notices
  • to process your requests and applications
  • for other purpose for which processing is required and legally legitimize

 

The personal information we hold may be shared:

 

  • with third-party service providers such as providers of cloud CRM or hosting solutions
  • with professional advisors, for example, accountants, lawyers or other consultants
  • with other companies within the FLEX Capital group

 

The period for which FLEX Capital will retain personal information will depend on the purposes that it was processed for, as well as the statutory storage obligations (Commercial Code, Tax Code, Social Security Code, etc.).

 

In accordance with the Data Protection Laws, our legal basis for storing personal data that you provide to us is that such storage is necessary for our legitimate interests in running and promoting our business according to Art. 6 I lit. a) GDPR.

 

According to Art. 6 GDPR other reasons for processing and storing personal data could be:

 

  • that the users agree to the collecting, processing and using of personal information in accordance with Art. 6 I lit. a) GDPR.
  • that the processing of personal information is necessary for the fulfillment of a contract or for the processing of pre-contractual measures in accordance with Art. 6 I lit. b) GDPR.

 

The processing of your personal information is based on the requirements of the GDPR in conjunction with FDPA-new.

 

2.2 Sensitive or special category personal data

Different rules apply to data concerning race, ethnic origin, political opinions or beliefs, religious or other similar beliefs, trade union membership, physical or mental health, sexual life, and any offenses committed and sentences or court proceedings relating to actual or potential offenses. These types of personal information are called sensitive or special category personal data. Please do not send us sensitive personal data as generally, we do not need it.

 

2.3 International transfers of personal information

FLEX Capital may transfer personal information to a country outside of your country of residence, including countries outside of the EEA. In the event that FLEX Capital transfers personal information to third parties outside of the EEA, we shall endeavor to ensure that those transfers take place in accordance with the Data Protection Laws, for example by entering into data transfer agreements  or a contract for commissioned data processing including the EU standard contractual clause with the recipient or in accordance to Art. 45 GDPR, a transfer of personal data to a third country or an international organization may take place where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organization in question ensures an adequate level of protection, or the exceptions under Art. 49 I GDPR apply.

 

2.4 Recruitment Privacy Notice

In connection with seeking employment with us, FLEX Capital may collect personal information, your CV, application form, interview materials and opinions related to you. Such information is maintained for the purpose of evaluating your potential employment with us. Information you provide to us for this purpose may be shared with selected third parties for the purpose of assessing the commencement of employment. In particular, you should note that your application will be subject to verification. This will involve your references being taken up and any qualification which is indicated on your application being verified by contacting the appropriate body. We may also process sensitive personal data.

 

If your application for employment is unsuccessful, the information may be retained by us only for the assertion, exercise or defense of legal claims or to protect the rights of another natural or legal person, but in any case, for no longer than is necessary for these purposes.

 

The processing of your personal data is based on your consent, the fulfilment of our pre-contractual obligations and our legitimate interest according to Art. 6 I lit. a), b), f) GDPR and Art. 9 I lit. a), b), e), g) GDPR.

 

3. Cookies

3.1 Use of cookies

If you visit our website, we use cookies to facilitate and improve your experience of our website. Cookies are small text files stored in your browser. These cookies do not contain any personal data. We may use a persistent cookie so we can recognize you if you visit our website again. A persistent cookie is stored in your browser.

 

Certain features of our website depend on cookies to function. These are deemed to be “strictly necessary”. You may still choose to block these cookies by changing your browser’s settings. But please be aware that our website may not work properly if you do so.

 

Cookies are small text files that are stored on your hard drive and through which certain information is passed to the site that sets the cookie. Cookies cannot run programs or deliver viruses to your computer. They are used to make our Internet offer as a whole more user-friendly and effective and to continuously improve our website and adapt it to your interests and needs.

 

For further information on cookies, visit www.aboutcookies.org or www.allaboutcookies.org.

 

The legal basis for the use of cookies is our legitimate interest according to Art. 6 I lit. f) GDPR.

 

3.2 Plug-ins

3.2.1 Use of social media plug-ins

We currently use the following social media plug-ins: Xing, LinkedIn. We offer you the possibility to communicate directly with the provider of the plug-in via the button. In the case of Xing, the IP address is made anonymous immediately after collection, according to information provided by the respective providers in Germany.

 

Personal data will, therefore, be transferred from you to the respective plug-in provider, Xing or LinkedIn, and stored there (for US providers in the USA).

 

We have neither influence on the collected data and data processing procedures, nor are we aware of the full scope of data collection, the purposes of processing, the storage periods. We also do not have any information on the deletion of the collected data by the plug-in provider.

 

The plug-in provider stores the data collected about you as user profiles and uses these for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation takes place in particular (also for users who are not logged in) in order to display demand-oriented 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 the respective plug-in provider to exercise this right. The plug-ins enable you to interact with social networks and other users so that we can improve our services and make them more interesting for you as a user.

 

Data is shared regardless of whether you have an account with and are logged into the plug-in provider. If you are logged in with the plug-in provider, your data collected by us will be directly assigned to your existing account with the plug-in provider. If you press the activated button and, for example, link the page, the plug-in provider also stores this information in your user account and communicates it publicly to your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this allows you to avoid being assigned to your profile by the plug-in provider.

 

Further information on the purpose and scope of data collection and processing by the plug-in provider can be found in the following data protection declarations of these providers. There you will also find further information on your rights in this regard and setting options to protect your privacy.

 

Addresses of the respective plug-in providers and URL with their data protection information:

 

New Work SE, Gänsemarkt 43, 20354 Hamburg, Germany; http://www.xing.com/privacy.

 

LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; within the EU

 

LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

 

3.2.2 Use of Google Maps

We also use Google Maps API on our website to visually display the address of our office. When using Google Maps, Google also collects, processes and uses data on the use of the map functions by visitors. This is done 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 at Google, your data will be assigned directly to your account. If you do not want this data to be associated with your Google profile, you must log out before activating the Google Maps field. Google stores your data as user profiles and uses them for purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out (even for users who are not logged in) for the purpose of providing needs-based advertising and to inform other users of the social network about your activities on our website. You have a right to object to the creation of these user profiles, whereby you must contact Google in order to exercise this right.

 

For further information on the purpose and scope of data collection and its processing by the plug-in provider, please refer to the provider’s privacy policy. There you will also find further information on your rights in this regard and setting options to protect your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

 

The legal basis for the use of Google Maps is our legitimate interest according to Art. 6 I  lit. f) GDPR.

 

3.3 Web- analytics

Our website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”; text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymization is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area beforehand. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to us in connection with the use of the website and the Internet.

 

The IP address transmitted by your browser within the scope of Google Analytics is not merged with other Google data.

 

You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

 

This website uses Google Analytics with the extension “anonymizeIp()”. This enables IP addresses to be further processed in a shortened form; a personal reference can thus be excluded. If the data collected about you contains a personal reference, this reference is immediately excluded and the personal data is therefore deleted immediately.

 

We use Google Analytics to analyze and regularly improve the use of our website. We can use the statistics obtained to improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has subjected itself to the EU-US Privacy Shield; https://www.privacyshield.gov/EU-US-Framework.

 

Third party information: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland. Terms of use: http://www.google.com/analytics/terms/de.html,

 

Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, and the data protection declaration: http://www.google.de/intl/de/policies/privacy.

 

This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out using a user ID. You can deactivate the cross-device analysis of your usage in your Google customer account under “My data”, “personal data”.

 

The legal basis for the use of Google Analytics is our legitimate interest according to Art. 6 I lit. f) GDPR. The legitimate interest arises from the maintenance and presentation of our services, as well as the analytical evaluation of visitor flows.

 

3.4 Newsletter

With your consent, you can subscribe to our newsletter, with which we inform you about our current interesting offers. The advertised services are named in the declaration of consent.

 

We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration we will send you an e-mail to the specified e-mail address in which we will ask you to confirm that you wish to receive the newsletter. In addition, we save the IP addresses you use and the dates of registration and confirmation. The purpose of the procedure is to prove your registration and, if necessary, to clarify any possible misuse of your personal data.

 

After your confirmation, we save your e-mail address for the purpose of sending you the newsletter. The legal basis is your consent pursuant to Art. 6 I lit. a) GDPR.

 

You can revoke your consent to the sending of the newsletter at any time and cancel the newsletter. You can declare your revocation by clicking on the link provided in each newsletter e-mail, or by e-mail to privacypolicy@flex.capital.

 

We point out to you that we evaluate your user behavior with dispatch of the newsletter. For this evaluation, the e-mails sent contain so-called web beacons or tracking pixels. For evaluation purposes, we link the data and the web beacons with your e-mail address and an individual ID. The data is collected exclusively under a pseudonym, so the IDs are not linked with your other personal data, a direct personal reference is excluded. The information is stored as long as you have subscribed to the newsletter. After you have unsubscribed, we store the data purely statistically and anonymously. Such tracking is also not possible if you have deactivated the display of images in your e-mail program by default. In this case, the newsletter will not be displayed completely, and you may not be able to use all functions. If you display the images manually, the above tracking will take place.

 

We use MailChimp (The Rocket Science Group, LLC) to manage email marketing subscriber lists and send emails to our subscribers. Read their privacy policy.

 

3.5 Contact form

If you use the contact form or make a service request to us, the following data may be collected to process the request: Title, first/last name, e-mail address, optionally a mailing ID, your browser version and operating system, as well as the message to be transmitted and your IP address The data transmitted when you send the form will be processed by processed by FLEX Capital. The processing serves exclusively to process the respective request. After processing of the respective request, the data will be archived for documentation purposes until the purpose of collection no longer applies.

 

The data will not be passed on to third parties for advertising purposes. Your data will not be passed on to other third parties for the purpose of processing your enquiry.

 

The processing of your personal data is based on your consent, the fulfilment of our contractual obligations and our legitimate interest according to Art. 6 I lit. a), b), f) GDPR.

 

4. Security and external links

FLEX Capital will take all necessary steps to protect the security of your personal information. But we cannot guarantee the security of your personal information you disclose online. You accept the security risks of providing information online over the Internet and will not hold FLEX Capital responsible for any breach of security unless this is due to FLEX Capital’s negligence or willful default.

 

Our website may contain hypertext links to external websites. We are not responsible for their contents. You should read any applicable privacy policy on any such website.

 

5. Your rights

Individuals whose personal information we process may be entitled

 

  • to request information whether personal data are being processed.
  • to request that it is erased.
  • that its processing is restricted.
  • that any inaccurate personal information is rectified.
  • to use their right to data portability.
  • to use their right to revoke your consent.
  • to use their right to lodge a complaint by contacting a supervisory authority, if you belief, that the processing of your personal information is in violation against data privacy laws and regulations.

 

You may also have the right to object to the processing of your personal information, or in some circumstances to obtain a copy of the personal information in a universal machine-readable format. Any such requests should be submitted to privacypolicy@flex.capital.

 

As a result of the withdrawal of your consent to the processing of personal information, we will cease the data processing, which was based on this consent, for the future. The withdrawal of your consent does not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal.

 

If we process your data on the basis of legitimate interests pursuant to Art. 6 I lit. f) GDPR, you have the right to object to the processing of your data in accordance with Art. 21 GDPR and to give us the reasons which arise from your particular situation which, in your opinion, show that your legitimate interests override ours. If your objection is to data processing for direct marketing purposes, you have a general right of objection, which we will implement without requiring you to give reasons.

 

We expressly refuse the automated creation of profiles and scoring processes of our users.

 

6. How to contact us

If you have any queries concerning this Website, the way we process your personal data or the contents of the Privacy Policy, please contact us by email at privacypolicy@flex.capital. You can find our complete contact details on the website.

 

7. Changes to the privacy policy

We reserve the right to change our privacy policy so that it always meets the current legal requirements or to implement changes to our services in the privacy policy, e.g. when introducing new services. The new privacy policy then applies to your next visit. You can find the current version of the privacy policy on our website.