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PRIVACY AGREEMENT

Privacy Policy

We are pleased that you are visiting our website and thank you for your interest in our products. 

We assure you that we process all the information, that you left behind or you voluntary offer, according to the Data Protection Regulation (DSGVO). 

Below you can find all the necessary information about  the type, scope and purpose of the collection and use of personal data.

Our privacy policy is structured as follows:

I. Name and address of the person responsible

II. Name and address of the Data Protection Officer

III. General information on data processing

IV. Use of cookies, reCAPTCHA, Google Analytics, Google Ads and Hotjar

V. Contact form and e-mail contact

VI. Rights of the data subject

I. Name and address of the person responsible
The responsible person in terms of the basic data protection regulation and other national data protection laws of the member states and other data protection regulations is the:

GQ Technologies GmbH
Schornstraße 10
81669  Munich
Germany
Tel.: 089 23519526
E-Mail: info@testmate.de
Website: www.testmate.de

II. Name and address of the Data Protection Officer
The data protection officer of the controller is:
Christian Hettiger


GQ Technologies GmbH
Schornstraße 10
81669  Munich
Germany
Tel.: 089 23519526
E-Mail:
info@testmate.de
Website: www.testmate.de

III. General information on data processing
1. Scope of processing of personal data
As a matter of principle, we process personal data of our users only to the extent necessary to provide a functional website and our contents and services. The processing of personal data of our users regularly only takes place with the user’s consent. An exception is made in cases where prior consent cannot be obtained for factual reasons and the processing of data is permitted by legal regulations.

2. Legal basis for the processing of personal data
As far we obtain the consent of the data subject for the processing of personal data, Art. 6 (1) lit. a EU Data Protection Regulation (DSGVO) serves as the legal basis.

When processing personal data which is necessary for the performance of a contract to which the data subject is a party, Article 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations necessary for the performance of pre-contractual measures.

Where processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

In case that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or of a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Article 6 (1) lit. f DSGVO serves as the legal basis for the processing.

3. Data erasure and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage is no longer applicable. Furthermore, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other regulations to which the person responsible is subject. Data is also blocked or deleted when a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the purpose of concluding or fulfilling a contract.

IV.  Use of cookies, reCAPTCHA, Google Analytics, Google Ads und Hotjar

IV.a. Cookies

Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

Collected data of the users are pseudonymised through technical measures. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

When accessing our website, users are informed by an info banner about the use of cookies for analysis purposes and are referred to this data protection declaration. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings.

When accessing our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, reference is also made to this data protection declaration.

First-party cookies are cookies used by us, third-party cookies are cookies accessed by another party through our website or placed on your device. 

Third-party cookies may be used by vendors who provide a service to our website, for example, to help us understand how our website is used. 

Third-party cookies are not part of this Privacy Policy.

Legal basis for the data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f DSGVO.

The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a DSGVO if the user has given his or her consent.

Purpose of data processing
The analysis cookies are used for the purpose of improving the quality of our website and its contents. The analysis cookies enable us to find out how the website is used and thus to constantly optimize our offer.

Duration of storage, possibility of appeal and removal
Cookies are stored on the user’s computer and transmitted by the user to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can deactivate or restrict the transmission of cookies. Cookies already stored can be deleted at any time. This can also be done automatically. If cookies for our website are deactivated, it is possible that not all functions of the website can be used to their full extent.


IV. b. reCAPTCHA

Description and purpose of data processing
To protect the input forms on our site, we use the service “reCAPTCHA” , a free service from Google, which makes it possible to distinguish whether the input is of human origin or abused by automated machine processing.

Storage, possibility of objection and elimination
To our knowledge, the referrer URL, the IP address, the behavior of website visitors, information about the operating system, browser and dwell time, cookies, display instructions and scripts, the user’s input behavior and mouse movements in the area of the “reCAPTCHA” checkbox could be transmitted to “Google”.

For more information, please visit https://policies.google.com/ .

By changing the settings in your Internet browser, you can disable or restrict the transfer of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.


IV.c. Google Analytics with anonymization function

Description and purpose of data processing
We use Google Analytics, a website analytics service to increase the efficiency of our own website, which is operated by third-party providers, and requires the disclosure of data about website visitors to the third-party providers. As a rule, user consent is not obtained in this process. A justification via Art. 6 (1) lit. f DSGVO is conceivable, if a legitimate interest of the website operator can be presented. However, in order to protect the interests of users in the protection of their personal data, pseudonymization of the data is advisable.

Analysis cookies are used for the purpose of improving the quality of our website and its content.

Storage, possibility of objection and elimination
The cookies used help website owners understand how visitors interact with websites by collecting and reporting information anonymously. 

Cookies are stored on the user’s computer and transmitted from it to our site. Therefore, as a user, you also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.


IV.d. GoogleAds

Description and purpose of data processing
We use Google Ads to market our website. Cookies are also used in Google Ads, namely for conversion tracking.

The information obtained using this type of cookie is used by Google to compile visit statistics for our website. Through these statistics, we learn the total number of users who clicked on our ads, which ad had more views, and also which pages of our website were subsequently viewed by that user. However, this is completely anonymized information provided about the users.

Storage, objection and removal options
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. 

By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.


IV. e. Hotjar

Description and purpose of data processing
We use Hotjar to better understand the needs of our users and to optimize what we offer on this website.  Using Hotjar’s technology, we get a better understanding of our users’ experiences (e.g., how much time users spend on which pages, which links they click, what they like and don’t like, etc.) and this helps us tailor our offerings based on our users’ feedback. Hotjar works with cookies and other technologies to collect information about our users’ behavior and about their devices (in particular, IP address of the device (collected and stored only in anonymized form), screen size, device type (unique device identifiers), information about the browser used, location (country only), language preferred to view our website). 

Storage, objection and removal options
Hotjar stores this information in a pseudonymized user profile. The information is neither used by Hotjar nor by us to identify individual users nor is it merged with other data about individual users. For more information, please see Hotjar’s privacy policy here.

V. Contact form and email contact


1. Description and scope of data processing
There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask is transmitted to us and stored. These data are: first name, last name,  email address (mandatory fields), Phone number (mandatory fields) .

For the processing of the data, your consent will be obtained during the sending process and reference will be made to this privacy policy.
As an alternative, it is possible to contact us via the provided email address. In this case the personal data of the user transmitted with the e-mail will be stored. 

In this context, the data will not be passed on to third parties. The data will be used exclusively for processing the conversation.

2. Legal basis for data processing
The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f DSGVO. If the email contact is aimed at the conclusion of a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b DSGVO.

3. Purpose of the data processing
The processing of the personal data from the input mask serves us only for the processing of the establishment of contact. In the case of contacting us by email, this is also the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage
The data will be deleted as soon as they are no longer necessary for the purpose of their collection. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be concluded from the circumstances that the matter in question has been finally clarified. 

The personal data additionally collected during the sending process will be deleted after a period of seven days at the latest.


5. Possibility of objection and removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case the conversation cannot be continued.

All personal data stored in the course of the contact will be deleted in this case.

VI. Rights of the data subject
The following list includes all rights of the persons concerned under the DSGVO. Rights that apply to the own web page have no relevance, do not need to be mentioned. In this respect the listing should be shortened.

If your personal data is processed, you are a data subject within the meaning of the DSGVO and you have the following rights against the person in charge:

1. Right of information
They may require the responsible person to confirm whether personal data concerning you will be processed by us.

If such processing exists, you can request the responsible person to inform you of the following Request information:

(1) the purposes for which the personal data are processed

(2) the categories of personal data processed;

(3) the recipients or the categories of recipients to whom the personal data are disclosed the personal data concerned have been or will be disclosed will be;

(4) the planned duration of storage of personal data relating to you or, if it is not possible to give specific details, criteria for determining the storage duration;

(5) the existence of a right of rectification or erasure of the personal data, the right to limit the processing of personal data by the controller or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information as to the origin of the data where the personal data are not collected from the data subject;

(8) the existence of automated decision making, including profiling according to Art. 22 para. 1 and 4 DSGVO and – at least in these cases – meaningful information about the logic involved and the scope and the intended impact of such processing on the data subject.

You have the right to obtain information as to whether the processing operations concerning you personal data to a third country or international organization be transmitted. In this context, you may request to be informed of the appropriate guarantees in accordance with Art. 46 DSGVO in connection with the transfer, the following information is provided.

2. Right of rectification
You have the right to obtain from the data controller the rectification and/or integration of any personal data processed concerning you if it is incorrect or incomplete. The data controller shall make the correction without delay.

3. Right to limit processing
Under the following conditions, you may request that the processing of personal data concerning you be restricted:

(1) if you dispute the accuracy of the personal data concerning you for a period which enables the controller to verify the accuracy of the personal data

(2) the processing is unlawful and you object to the deletion of the personal data and instead request the restriction of the use of the personal data;


(3) the controller no longer needs the personal data for the purposes of the processing, but you need them in order to assert, exercise or defend legal claims; or


(4) if you have lodged an objection to the processing pursuant to Art. 21 (1) DPA and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data relating to you has been restricted, such data – apart from being stored – may be processed only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.


4. Right of deletion
a) Duty to delete

You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

(1) the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed

(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing. 

(3) You object to the processing pursuant to Art. 21(1) DPA and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21(2) DPA. 

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of personal data concerning you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject. 

(6) The personal data concerning you have been collected in relation to information society services offered, in accordance with Article 8(1) of the DPA.

(b) Information to third parties

If the controller has made public the personal data concerning you and is obliged to delete them in accordance with Art. 17 para. 1 DPA, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data. 
c) Exceptions

The right of cancellation does not exist insofar as the processing is necessary

(1 ) on the exercise of the right to freedom of expression and information;

(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;


(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;

(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DPA, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or

(5) to assert, exercise or defend legal claims.

5. Right to information
If you have exercised the right to rectify, erase or limit the processing, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed of these recipients by the controller.


6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another controller without interference from the controller to whom the personal data has been made available, provided that

(1) the processing is based on a consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and

(2) the processing is carried out by means of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, in so far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability shall not apply to processing of personal data which 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.

7. Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions. 

The controller no longer processes the personal data concerning you, unless he can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

Where personal data relating to you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.

If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.

You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures using technical specifications.

8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision 

(1) is necessary for the conclusion or performance of a contract between you and the person responsible

(2) is authorized by Union or national legislation to which the person responsible is subject and that legislation provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Art. 9 Para. 1 DSGVO, unless Art. 9 Para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the controller, to express his or her point of view and to contest the decision.

10. Right to appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of the DPA. 

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 DSGVO.

Privacy Policy Update
We are responsible for updates and changes to our Privacy Policy. We advise you to keep yourselves informed of these changes and updates in case important facts and terms of use occur. The date of the last change to this policy can always be found at the bottom of this page. Your continued use of our Privacy Policy constitutes your acceptance of all such changes.