Privacy Policy

We are very pleased about your interest in our company. The management of J&M Business Consulting GmbH attaches particular importance to data protection.

This data protection declaration clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and contents as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as “online offering”). With regard to the terms used, such as “processing” or “responsible person”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).

The J&M Business Consulting GmbH website can generally be used without providing any personal data. However, if a person concerned wishes to make use of special services offered by our company via 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 person concerned.

Personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always processed in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to J&M Business Consulting GmbH. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, this data protection declaration informs affected persons about their rights.

J&M Business Consulting GmbH, as the person responsible for processing, has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can, in principle, have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.

1. Definitions

The data protection declaration of J&M Business Consulting GmbH is based on the terms used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our clients and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms in this data protection declaration, among others:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an on-line identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Concerned Persons
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

e) Profiling
Profiling is any 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 that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.

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 the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Responsible or processing responsible
Responsible or processing responsible is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union law or by the law of the Member States, provision may be made for the controller to be designated in accordance with Union law or the law of the Member States.

h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the responsible.

i) Recipient
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, are not considered to be recipients.

j) Third parties
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.

k) Consent
Consent is any freely given, informed and unequivocal expression of will by the data subject in a specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.

2. Name and address of the responsible

The person responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is:

J&M Business Consulting GmbH
Königstr. 10c
70173 Stuttgart
Deutschland
Tel.: +49 711 2225 4141
E-Mail: info@jmbc.io
Website: https://jmbc.io/

3. Cookies

Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping basket in an online shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Similarly, the interests of the users can be stored in such a cookie, which are used for coverage measurement or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, it is referred to as “first-party cookies”).

Many 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 that can be used to assign Internet pages and servers to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified by means of the unique cookie ID.

The internet pages of J&M Business Consulting GmbH use cookies. Cookies are text files which are placed and stored on a computer system via an internet browser.

We may use temporary and permanent cookies and provide information on this in our data protection declaration.

By using cookies, J&M Business Consulting GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.

The person concerned can prevent cookies from being set by our website at any time by means of a corresponding setting in the Internet browser used, thereby permanently opposing the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.

5. Contact via the website

Due to legal requirements, the website of J&M Business Consulting GmbH contains information that enables rapid electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the data 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 from a data subject to the data controller are stored for the purposes of processing or contacting the data subject. Such personal data will not be disclosed to third parties.

6. Routine deletion and blocking of personal data

The data controller processes and stores personal data of the data subject only for the time necessary to achieve the purpose of storage or if provided for by the European Directives and Regulations or by any other law or regulation to which the data controller is subject.

The data processed by us will be deleted or limited in their processing in accordance with articles 17 and 18 of the DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

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

According to legal requirements in Austria, the storage is carried out in particular for 7 J in accordance with § 132 (1) BAO (accounting documents, vouchers / invoices, accounts, receipts, commercial documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years in the case of documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.

7. Rights of the data subjec

a) Right to confirmation
Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the responsible.

b) Right of access
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the data controller information on the personal data stored about him or her and a copy of this information. In addition, the European Data Protection Supervisor has granted the data subject access to the following information:

  • 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, in particular to recipients in third countries or to international organisations
  • if possible, the planned duration for which personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right of rectification or erasure of personal data relating to them or of a right of objection to their processing by the responsible
  • the existence of a right of appeal to a supervisory authority
  • if the personal data are not collected from the data subject: all available information on the origin of the data
  • the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject

The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

To exercise this right of access, the data subject may at any time contact a member of the controller’s staff.

c) Right of rectification
Any person affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of incorrect personal data concerning him. The data subject also has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.

If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.

d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and where the processing is not necessary:

  • the personal data have been collected or otherwise processed for purposes for which they are no longer necessary
  • the data subject withdraws the consent on which the processing was based under Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA 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) of the DS-BER 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) of the DS-BER.
  • The personal data were processed unlawfully.
  • The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
  • The personal data were collected in relation to information society services offered, in accordance with Article 8(1) of the DS-GVO.

If one of the above reasons applies and a data subject wishes to have personal data stored by J&M Business Consulting GmbH deleted, they can contact an employee of the data controller at any time. The J&M Business Consulting GmbH employee will ensure that the request for deletion is complied with immediately.

If the personal data has been made public by J&M Business Consulting GmbH and our company, as the data controller, is obliged to delete the personal data in accordance with Art. 17 para. 1 of the DS-GVO, J&M Business Consulting GmbH will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The employee of J&M Business Consulting GmbH will take the necessary steps in individual cases.

e) Right to restrict processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:

  • the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data
  • the processing is unlawful, the data subject refuses to have the personal data deleted and instead requests 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 in order to assert, exercise or defend legal claims.
  • The data subject has lodged an objection to the processing in accordance with Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons given by the controller outweigh those of the data subject.

If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by J&M Business Consulting GmbH, he or she may contact an employee of the data controller at any time. The employee of J&M Business Consulting GmbH will arrange for the restriction of processing.

f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her, which have been provided by the data subject to a data controller, in a structured, common and machine-readable format. He/she also has the right to have these data communicated to another controller without hindrance by the controller to whom the personal data have been made available, provided that the processing is based on the consent pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA or on a contract pursuant to Article 6(1)(b) of the DPA, and provided that the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

In addition, when exercising their right to data transfer in accordance with Article 20 paragraph 1 of the DPA, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

In order to assert the right to data transfer, the person concerned can contact an employee of J&M Business Consulting GmbH at any time.

h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.

Where the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is taken with the express consent of the data subject, J&M Business Consulting GmbH shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of the controller, to present his or her point of view and to challenge the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of the controller’s staff..

i) Right to revoke a data protection consent
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation Giver to revoke his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact a member of staff of the controller.

g) Right of appeal
Every person concerned by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.

In the event of an objection, J&M Business Consulting GmbH will no longer process the personal data unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh the interests, rights and freedoms of the person concerned, or unless the processing serves to assert, exercise or defend legal claims.

If J&M Business Consulting GmbH processes personal data in order to carry out direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is connected with such direct advertising. If the data subject objects to J&M Business Consulting GmbH processing for the purposes of direct advertising, J&M Business Consulting GmbH 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 that is carried out at J&M Business Consulting GmbH for the purposes of scientific or historical research or for statistical purposes in accordance with Article 89 Paragraph 1 of the DS-GVO, 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 person concerned may contact any employee of J&M Business Consulting GmbH or any other employee directly. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.

8. Data protection regulations on the use and application of Google Analytics (with anonymisation function)

The person responsible for processing has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to websites. Among other things, a web analysis service collects data about the website from which a person concerned came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimise a website and for cost-benefit analysis of internet advertising.

The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The data controller uses the suffix “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened and made anonymous by Google if the access to our Internet pages is from a member state of the European Union or from another state which is a party to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website in order to compile online reports for us which show the activities on our website and to provide further services in connection with the use of our website.

Google Analytics sets a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

By means of the cookie, personal information such as the access time, the location from which an access originated and the frequency of visits to our website by the person concerned is stored. Each time our website is visited, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.

Furthermore, the data subject has the opportunity to object to the collection of data generated by Google Analytics and relating to the use of this website and the processing of such data by Google and to prevent such processing. For this purpose, the person concerned must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google to be an objection. If the information technology system of the person concerned is deleted, formatted or reinstalled at a later date, the person concerned must re-install the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or by another person within his or her sphere of control, it is possible to reinstall or reactivate the browser add-on.

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

9. Privacy policy on the use and application of LinkedIn

The data controller has integrated components of LinkedIn Corporation on this website. LinkedIn is an Internet-based social network that allows users to connect with existing business contacts and to make new business contacts. Over 400 million registered users use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.

LinkedIn is operated by LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection matters outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

Each time a user accesses our website, which has a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the data subject to download an appropriate representation of the LinkedIn component. Further information about LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. This technical process allows LinkedIn to know which specific page of our website is visited by the data subject.

If the person concerned is logged on to LinkedIn at the same time, LinkedIn will recognise which specific subpage of our website the person concerned is visiting each time the person concerned visits our website and for the entire duration of their stay on our website. This information is collected by the LinkedIn component, and LinkedIn associates it with the LinkedIn account of the individual. If the data subject clicks on a LinkedIn button on our website, LinkedIn will associate this information with the data subject’s LinkedIn account and will store this personal data.

LinkedIn will receive information through the LinkedIn component that the data subject has visited our website whenever the data subject is logged on to LinkedIn at the same time as accessing our website, whether or not the data subject clicks on the LinkedIn component. If the data subject does not want this information to be sent to LinkedIn, the data subject can prevent this information from being sent by logging out of their LinkedIn account before accessing our website.

LinkedIn provides the ability to unsubscribe from email, SMS and targeted advertisements and to manage advertising preferences at https://www.linkedin.com/psettings/guest-controls. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame who may set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. LinkedIn’s current privacy policy can be found at https://www.linkedin.com/legal/privacy-policy. LinkedIn’s cookie policy is available at https://www.linkedin.com/legal/cookie-policy.

10. Privacy policy on the use and application of Xing

The data controller has integrated Xing components into this website. Xing is an Internet-based social network that enables users to connect with existing business contacts and to make new business contacts. Individual users can create a personal profile of themselves on Xing. Companies can, for example, create company profiles or publish job offers on Xing.

Xing is operated by XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.

Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a Xing component (Xing plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Xing component to download a representation of the corresponding Xing component from Xing. Further information on the Xing plug-ins can be found at https://dev.xing.com/plugins. As part of this technical process, Xing is informed about which specific subpage of our website is visited by the data subject.

If the person concerned is logged in to Xing at the same time, Xing will recognise which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Xing component and assigned by Xing to the respective Xing account of the person concerned. If the person concerned presses one of the Xing buttons integrated on our website, for example the “Share” button, Xing assigns this information to the personal Xing user account of the person concerned and stores this personal data.

Xing will always receive information via the Xing component that the person concerned has visited our website if the person concerned is logged in to Xing at the same time as accessing our website; this takes place regardless of whether the person concerned clicks on the Xing component or not. If the data subject does not wish this information to be sent to Xing, he/she can prevent this information from being sent by logging out of his/her Xing account before accessing our website.

The data protection regulations published by Xing, which can be accessed at https://www.xing.com/privacy, provide information about the collection, processing and use of personal data by Xing. Xing has also published data protection information for the XING Share button at https://www.xing.com/app/share?op=data_protection.

11. Legal basis of the processing

In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies:

Art. 6 I lit. a DS-GVO 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 delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the 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 or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard 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 prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (Recital 47 Sentence 2 DS-GVO).

12. 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 lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.

If, in the course of our processing, we disclose data to other persons and companies (contract processors or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal authorisation (e.g. if transfer of the data to third parties, such as payment service providers, is necessary to fulfil the contract in accordance with Art. 6 para. 1 letter b DSGVO), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “contract processing agreement”, this is done on the basis of Art. 28 DSGVO.

13. The duration for which the personal data are stored

The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of a contract.

14. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data

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).

We process data within the scope of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process within the scope of providing our contractual services. The basis for processing is Art. 6 Para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing is administration, financial accounting, office organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of data in relation to contractual services and contractual communication is in accordance with the information provided in these processing activities.

We disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee agencies and payment service providers.

Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data which we must then process. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee 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 would be if the personal data were not provided.

15. the existence of an automated decision-making system

As a responsible company, we avoid automatic decision making or profiling.

16. Hosting and e-mailing

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 letter f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).

17. Agency services

We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.

We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, duration), payment data (e.g., bank details, payment history), usage and metadata (e.g., in the context of the evaluation and performance measurement of marketing measures). As a matter of principle, we do not process special categories of personal data, unless they are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of processing is to provide contractual services, billing and our customer service. The legal basis of the processing is derived from Art. 6 para. 1 letter b DSGVO (contractual services), Art. 6 para. 1 letter f DSGVO (analysis, statistics, optimisation, security measures). We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties is only made if it is necessary within the scope of a contract. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements of an order processing in accordance with Art. 28 DSGVO and do not process the data for any other purposes than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the deletion is carried out after the expiry of these obligations (6 years, in accordance with § 257 para. 1 HGB, 10 years, in accordance with § 147 para. 1 AO). In the case of data that has been disclosed to us by the client in the context of an order, we delete the data in accordance with the requirements of the order, in principle after the end of the order.

18. Surveys on our website

Filling out surveys on our website

Purpose of the data processing:
J&M Business Consulting GmbH (“JMBC”) wishes to collect data from companies in order to prepare, interpret and publish them. To this end, JMBC is formulating corresponding questionnaires. In principle, the data will only be published anonymously, so that no conclusions can be drawn about the person registering or the associated company.

The purpose of the data processing is the preparation and visualisation of the collected data by means of the above-mentioned procedure.

The visualisation of the data of an individual entry is made available to the person filling in the form, provided that he/she voluntarily provides his/her e-mail address. By doing so, he also agrees to be contacted by JMBC. You can informally object to this at any time. There will be no use or disclosure for other purposes.

What data is collected:

  • contact details: E-mail address (voluntary)
  • Specify the company: Number of employees, number of locations, annual turnover, sectors
  • Further data collected is derived from the questions asked in the respective surveys. By filling out the form, the person filling it in agrees to the collection of data in this respect. If a questionnaire is not sent, the data collected will not be used further.

Further contact for research purposes
JMBC intends to survey the companies by e-mail as part of selected research. If we have your consent to do so, we will send you invitations to surveys on specific economic topics in whose target group you fit based on the data you provide (see point 1.).

We will process your data for this purpose as long as your consent is valid, i.e. no corresponding revocation on your part exists.

Legal basis:
The above-mentioned data will only be processed on the basis of your express consent in accordance with Art. 6 Paragraph 1 Sentence 1 Letter a) DSGVO or Art. 9 Paragraph 2 Letter a) DSGVO.

You can revoke your consent to data processing at any time, for example by sending an e-mail to survey@jmbc.io. If you revoke your consent to data processing, your data will no longer be taken into account for further publications.

Service provider:
We use the “Typeform” service to collect data for the above-mentioned purposes. You can find more information about “Typeform” at: https://www.typeform.com/. This service is provided by TYPEFORM S.L., Carrer Bac de Roda, 163, 08018 Barcelona (“Typeform”). For further information on the data processing related to Typeform, please refer to the Typeform Privacy Policy: https://admin.typeform.com/to/dwk6gt

The data is also automatically saved in “Google spreadsheets”, which is part of the “G Suite” software series. You can find more information about “Google Forms” at: https://gsuite.google.com/intl/de/products/sheets/.

This service is provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). The data collected is stored on a cloud storage device, “Google Drive”, provided by Google for us. Further information on data processing in connection with Google Forms and Google Drive can be found in Google’s data protection information: https://www.google.com/intl/de/policies/privacy/

We have concluded a contract with Google for the above-mentioned purposes in accordance with Art. 28 DSGVO. Google is also certified under the EU-US Privacy-Shield and thus offers an adequate level of data protection within the meaning of Art. 45 DSGVO. The certificate is available at any time at https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

Storage duration:
Your data will be deleted immediately after completion of the purpose.

Your Rights

You have the right to request information about the stored personal data concerning you at any time in accordance with this data protection declaration. Furthermore, as described above, you also have the right to transferability, correction or deletion as well as to restrict the processing of your data. Furthermore, you can object to the processing of your data at any time.

Parts of this data protection declaration have been created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Duisburg, in cooperation with the Cologne-based IT and data protection lawyer Christian Solmecke.