Privacy Policy

We are delighted by your interest in our company, Apaton Capital AG, Ellernstraße 34, 30175 Hannover ("Apaton"). Data protection is of particularly high importance to the management of Apaton. Use of the Apaton websites is generally possible without providing any personal data. However, if a data subject wishes to use particular services of our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection provisions applicable to Apaton. By means of this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed by means of this privacy policy of the rights to which they are entitled.

As the controller, Apaton has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, internet-based data transmissions may in principle have security gaps, so that 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

The privacy policy of Apaton is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the general public as well as for our customers and business partners.

2. Name and address of the controller

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 related to data protection is:

Apaton, website: apaton-capital.com

3. Cookies and local storage

This website does not set any cookies. No analysis of user behaviour takes place, no tracking or statistics services are integrated and no third-party content is loaded. The fonts used are delivered from our own server.

The local storage of your browser (localStorage) only holds the language version of the website you have selected, so that the site is displayed in the desired language when you visit again. This entry contains no personal data, is not transmitted to us or to third parties and serves exclusively the function you have requested.

You can delete this entry at any time via your browser settings. The website can be used without restriction even without this entry.

4. Collection of general data and information

Each time the website is accessed by a data subject or an automated system, the Apaton website collects a series of general data and information. This general data and information is stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-websites which are accessed on our website via an accessing system, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using this general data and information, Apaton does not draw any conclusions about the data subject. Rather, this information is required in order 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 long-term functionality of our information technology systems and the technology of our website and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. This anonymously collected data and information is therefore evaluated by Apaton both statistically and with the aim of increasing data protection and data security in our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

5. Contact option via the website

Due to statutory provisions, the Apaton website contains information that enables quick 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). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller is stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.

6. Routine erasure and blocking of personal data

The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or where this has been provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.

7. Rights of the data subject

a) Right of confirmation

Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may contact the management or another employee of the controller at any time.

b) Right of access

Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

the purposes of the processing

the categories of personal data being processed

the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations

where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period

the existence of a right to rectification or erasure of the personal data concerning them, or to restriction of processing by the controller, or a right to object to such processing

the existence of a right to lodge a complaint with a supervisory authority

where the personal data is not collected from the data subject: all available information about the origin of the data

the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject

Furthermore, the data subject has a right of access as to whether personal data has been transferred to a third country or to an international organisation. Where this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, they may contact the management or another employee of the controller at any time.

c) Right to rectification

Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, they may contact the management or another employee of the controller at any time.

d) Right to erasure (right to be forgotten)

Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:

The personal data was collected or otherwise processed for purposes for which it is no longer necessary.

The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.

The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.

The personal data has been processed unlawfully.

The erasure of the personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.

The personal data was collected in relation to the offer of information society services pursuant to Article 8(1) GDPR.

If one of the grounds stated above applies and a data subject wishes to arrange for the erasure of personal data stored by Apaton, they may contact the management or another employee of the controller at any time. The management of Apaton or another employee will arrange for the erasure request to be complied with without undue delay.

Where the personal data has been made public by Apaton and our company as controller is obliged pursuant to Article 17(1) GDPR to erase the personal data, Apaton shall, taking into account the available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested from those other controllers the erasure of all links to, or copies or replications of, that personal data, insofar as the processing is not necessary. The management of Apaton or another employee will arrange what is necessary in individual cases.

e) Right to restriction of processing

Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the restriction of processing where one of the following conditions applies:

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.

The processing is unlawful, the data subject opposes the erasure of the personal data and requests instead the restriction of the use of the personal data.

The controller no longer needs the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise or defence of legal claims.

The data subject has objected to the processing pursuant to Article 21(1) GDPR and it is not yet clear whether the legitimate grounds of the controller override those of the data subject.

If one of the conditions stated above applies and a data subject wishes to request the restriction of personal data stored by Apaton, they may contact the management or another employee of the controller at any time. The management of Apaton or another employee will arrange for the restriction of the processing.

f) Right to data portability

Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which was provided to a controller by the data subject, in a structured, commonly used and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another controller, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact the management of Apaton or another employee at any time.

g) Right to object

Every data subject affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, Apaton will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

Where Apaton processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of the personal data for the purpose of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to Apaton processing data for direct marketing purposes, Apaton will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them which is carried out by Apaton for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact the management of Apaton or another employee directly. The data subject is also free, in the context of the use of information society services and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject's explicit consent, Apaton shall implement suitable measures to safeguard the rights and freedoms and legitimate interests of the data subject, which include at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.

If the data subject wishes to assert rights relating to automated decision-making, they may contact the management or another employee of the controller at any time.

i) Right to withdraw consent under data protection law

Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If the data subject wishes to assert their right to withdraw consent, they may contact the management or another employee of the controller at any time.

8. Legal basis for the processing

Article 6(1)(a) GDPR serves our company 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 a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations that are necessary for carrying out pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data might become 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 on our premises and their name, age, health insurance details or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override such interest. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).

9. Legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and our shareholders.

10. Period for which the personal data will be stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data is routinely erased, provided that it is no longer required for the performance or initiation of a contract.

11. Statutory or contractual requirements to provide the personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We inform you that the provision of personal data is in part required by law (for example tax regulations) or may also arise from contractual provisions (for example information on the contractual partner). Sometimes, in order 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 them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact the management. The management will inform the data subject on a case-by-case basis 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 what the consequences of failure to provide the personal data would be.

12. Existence of automated decision-making

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