Privacy Policy

With this data protection declaration, we, Eberhard Advisory sp. z.o.o., would like to inform you about how we process personal data within the scope of our business activities and inform you about your rights. We are aware of the importance of processing personal data for you as a data subject and the protection of your privacy is of the utmost importance to us.

As an internationally operating advisory firm, the EU General Data Protection Regulation (GDPR) is important to us in addition to the Swiss data protection regulations. We have aligned this data protection declaration with the stricter standard of the GDPR.

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I. Name and address of the controller

All contact addresses can be found at https://www.eberhardadvisory.com/contact. If you have any questions regarding data protection, please do not hesitate to contact us:

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Eberhard Advisory

ul. Złota 59/10

ZIP code:

00-120 Warsaw

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II. Client relationship and contractual relationship with business partners

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1. DESCRIPTION AND SCOPE OF DATA PROCESSING

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We primarily process personal data that we receive directly from our clients within the scope of our client relationships. It is also possible that we receive or collect data from business partners or other persons involved. Insofar as this is permitted and necessary, we also obtain data from publicly accessible sources (e.g. public registers, media, Internet) or receive such data from our clients and their employees, from authorities, (arbitration) courts and other third parties (e.g. counterparties, business partners and contractual partners of our clients).

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In addition to the data that we receive directly from you, the categories of personal data that we receive from third parties include, but are not limited to, the following:

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Information from public registers (debt collection registers, commercial registers, land registers);
Information we obtain in connection with official and court proceedings;
Information from media and Internet about you (as far as this is indicated in the concrete case), as well as
Information from banks, insurance companies, distributors and other contractual partners from us on the use or provision of services by you (e.g. payments made/purchases made);
Information on compliance with legal requirements (e.g. combating money laundering and export restrictions);
Information about you that we receive from people around you (family, advisors, legal representatives, etc.) so that we can conclude contracts with you or with your involvement (e.g. references, your address for deliveries, powers of attorney);
Creditworthiness information (if we conduct business with you personally);
Information related to your professional functions and activities;
Information about you in correspondence and discussions with third parties;
References for applications.

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2. PURPOSES OF DATA PROCESSING AND LEGAL BASIS

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We process the personal data collected in order to guarantee the performance of the mandate or for the purpose of concluding the contract, as well as for contract processing, invoicing and communication purposes. The processing of personal data is also necessary for the fulfilment of legal obligations.

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Furthermore, we process personal data, as far as permitted and necessary, also for the following purposes, in particular but not limited to those in which we (and also third parties) have a legitimate interest corresponding to the purpose:

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Assertion of legal claims and defence in connection with legal disputes and official proceedings;
Measures for IT, building and plant security and protection of our employees and other persons and assets entrusted to us (e.g. access controls, visitor lists, network and mail scanners, telephone records);
Any transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations.Offer and further development of our offers and services;
Prevention and clarification of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud);
Advertising and marketing (including the organisation of events), provided that you have not objected to the use of your data;
Offer and further development of our offers and services
Market and opinion research, media monitoring.

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If you have given your consent to the processing of your personal data for certain purposes (e.g. to carry out a background check), we will process your personal data within the scope of and based on this consent, insofar as we have no other legal basis and we require such a basis. A given consent can be revoked for the future at any time.

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3. DATA TRANSFER TO THIRD PARTIES AND TRANSBOARDER DATA FLOWS

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As part of our business activities, we may disclose your personal information to third parties (such as courts, government agencies, dealers, suppliers, auxiliaries (such as, in particular, attorneys and law firms and experts at home and abroad) and other business partners, to related parties, counterparties and other persons) in Switzerland, the EU or other countries for the purposes set out above and where appropriate. We may also be required to disclose your personal information in order to comply with legal or regulatory requirements.

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If we transfer data to a country without adequate legal data protection, we ensure an adequate level of protection by means of data transfer agreements (namely on the basis of the so-called standard contractual clauses of the European Commission) or rely on the statutory exceptions of consent, contract and mandate processing, the establishment, exercise or enforcement of legal claims, overriding public interests, published personal data or because it is necessary to protect the integrity of the data subjects. Please contact us if you would like a copy of our data transfer agreements.

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4. DURATION OF STORAGE

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The personal data collected by us will only be stored for as long as it is necessary for the execution of the contractual relationship (from the initiation to the termination of a contract) or the other purposes pursued with the processing and/or a legal obligation to store and document or a predominant private or public interest exists. As soon as the personal data collected by us are no longer required for the above-mentioned purposes, they will be deleted or anonymised as far as possible.

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5. POSSIBILITY OF OPPOSITION AND WITHDRAWAL

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Within the framework of our client/business relationship, you must provide us with all personal data required for the establishment and performance of a client/business relationship and the fulfilment of the associated contractual obligations. Without this information, we will generally not be able to enter into or complete a contract with you (or the person you represent).

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III. Rights of the data subject

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You have the right to information, correction, limitation of data processing, deletion of personal data, objection, revocation of the declaration of consent under data protection law for the future and data transferability within the framework of the data protection law applicable to you and to the extent provided for therein (such as in the case of the GDPR).

In addition, you have the right to assert your claims in court or to file a complaint with the responsible data protection authority. Switzerland's competent data protection authority is the Federal Data Protection and Information Commissioner.

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IV. Use of our website

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A. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES

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1. DESCRIPTION AND SCOPE OF DATA PROCESSING

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Each time you access our website, our system automatically collects data and information from the computer system of the accessing computer. The following data is collected:

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Information about the browser type and the version used
The user's operating system
The IP address of the user
Date and time of access
Websites from which the user's system accesses our website
Page viewed on the website

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The IP addresses are stored in the log files of our system. This does not apply to the other data which enable the assignment of the data to a user. These data are not stored together with other personal data of the user.

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2. PURPOSES OF DATA PROCESSING AND LEGAL BASIS

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The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address must remain stored for the duration of the session.

The data is stored in log files to ensure the functionality of the website. The data is also used to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

Our legitimate interest in data processing also lies in these purposes.

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3. POSSIBILITY OF OPPOSITION AND WITHDRAWAL

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The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. There is therefore no possibility of opposition.

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4. DURATION OF STORAGE

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The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the purpose of providing the website, this is the case when the session in question has ended.

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If the data is stored in log files, this is the case after seven days at the latest. A storage going beyond this is possible. In this case the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

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B. USE OF COOKIES

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1. DESCRIPTION AND SCOPE OF DATA PROCESSING

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Our website uses cookies. Cookies are small text files that are automatically stored on the hard disk of your computer when you visit our website. The cookies do not pose any danger to the computer.

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Technically necessary cookies increase the functionality of the website. Cookies that are not technically necessary increase the user-friendliness of the website.

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Our cookies can be either session cookies (temporary cookies that identify you as a user and track your progress within our websites as long as your browser is open) or persistent cookies (cookies that allow our websites to "remember" who you are and what your preferences are within our websites and that remain on your computer or device even after you close your browser).

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The user data collected in this way is pseudonymised by technical precautions. It is therefore no longer possible to assign the data to the calling user. The data are not stored together with other personal data of the users.

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2. PURPOSE OF DATA PROCESSING AND LEGAL BASIS

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The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized also after a page change.

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We need cookies for the following applications:

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Transfer of filter settings (team, magazine articles, publications)
Adoption of language settings

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The user data collected by technically necessary cookies are not used to create user profiles.

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Cookies that are not technically necessary are used for the purpose of improving the quality of our website and its contents. These cookies tell us how the website is used and enable us to continually optimise our services.

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Our legitimate interest in the processing of personal data also lies in the aforementioned purposes.

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3. DURATION OF STORAGE, POSSIBILITY OF OBJECTION AND WITHDRAWAL

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The session cookies are deleted after a short time, but at the latest when you close your browser. With persistent cookies, the website remembers your preferences and settings so that they are available the next time you visit the website. Permanent cookies are deleted after a certain period of time.

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As a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

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C. NEWSLETTER

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1. DESCRIPTION AND SCOPE OF DATA PROCESSING

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You can subscribe to a free newsletter on our website. We send our existing and potential clients information on legal, tax and compliance issues at irregular intervals. We use external providers for the dispatch and administration of newsletters.

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When you register for the newsletter, your personal data, such as name and e-mail address, will be transmitted to the third party provider. In addition, the third party provider saves the date and time of registration for the newsletter in log files and can also collect further information that is not known to us.

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Your consent to the processing of the data will be obtained before or during registration and reference will be made to this data protection declaration. No data will be passed on to third parties in connection with data processing for the dispatch of newsletters. The data will be used exclusively for the dispatch of the newsletter.

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2. DURATION OF STORAGE

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The data is deleted as soon as it is no longer required for the purpose of its collection. The user's e-mail address will therefore be stored as long as the newsletter subscription is active. If a client/business relationship exists between you and us pursuant to Section II, the provisions set out in Section II.4 shall apply.

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The other personal data collected during the registration process will generally be deleted after a period of seven days.

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3. PURPOSE OF DATA PROCESSING AND LEGAL BASIS

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The collection of your e-mail address serves to deliver the newsletter. The collection of other personal data as part of the registration process serves to prevent misuse of the services or the e-mail address used.

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We process your personal data collected during registration for the newsletter based on your consent.

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4. POSSIBILITY OF OPPOSITION AND WITHDRAWAL

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The subscription of the newsletter can be cancelled by the affected user at any time. For this purpose there is a corresponding link in every newsletter. This also enables the with-drawal of the consent to the storage of personal data collected during the registration process.

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D. CONTACT FORM AND E-MAIL CONTACT

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1. DESCRIPTION AND SCOPE OF DATA PROCESSING

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A contact form is available on our website, which can be used for electronic contact. If a user makes use of this possibility, the data entered in the input mask will be transmitted to us and stored. These data are:

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First name and surname
Company (voluntary)
E-mail address (optional)
Background and question of your contacting (voluntary)

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The following data will also be stored at the time the message is sent:

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Date and time of the sending process
Page on which the form was filled out
IP address

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Before sending the contact form we will refer to this privacy policy.

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Alternatively, it is possible to contact us via the e-mail address provided. In this case the personal data transmitted by you by e-mail will be stored.

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2. DURATION OF STORAGE

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In order to ensure compliance with our contractual and legal obligations (in particular with regard to storage and documentation obligations as an accredited lawyer), we require access to all user communications. Consequently, the personal data from the contact form or the personal data sent by e-mail will be deleted at the earliest after 10 years.

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

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3. PURPOSES OF DATA PROCESSING AND LEGAL BASES

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The processing of the personal data from the input mask or from the e-mail you have sent to us serves us solely to process the establishment of contact. 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. This is also our legitimate interest in the processing of the data.

If the purpose of establishing contact is to conclude a contract, data processing is also necessary for the purpose of implementing pre-contractual measures as well as for the fulfilment and execution of the contract.

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4. POSSIBILITY OF OBJECTION AND WITHDRAWAL

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If data in the contact form is not clearly marked as voluntary and the processing is not carried out on the basis of a consent, we cannot provide our intended service if the consent for data processing is refused.

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E. DATA TRANSFER TO THIRD PARTIES AND TRANSBOARDER DATA FLOWS

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1. IT PROVIDER

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We work with third parties who provide services to us and may share your personal information with them, for example with IT providers who may have limited access to your personal information in software or system support.

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2. WEB ANALYSIS BY GOOGLE ANALYTICS

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2.1 SCOPE OF THE PROCESSING OF PERSONAL DATA

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On our website we use Google Analytics, a web analysis service of Google Inc. "("Google"). Google Analytics uses persistent cookies (see above) to collect anonymous information, such as the number of visitors to the website, from where they log on, which pages they view and how long they stay on our website.

The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. Google will use this information on our behalf to evaluate your use of our website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage.

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Our website uses Google Analytics with the extension "_anonymizeIp()". This means that IP addresses are shortened for further processing, which means that a personal reference can be ruled out. As far as the data collected about you is related to a person, this is immediately excluded and the personal data deleted immediately. The IP address of the user is shortened by Google within member states of the European Union or in other EEA contracting states before the transmission. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The IP address transmitted by the user's browser as part of Google Analytics is not merged with other Google data.

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2.2 PURPOSES OF DATA PROCESSING AND LEGAL BASIS

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The processing of the data enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. In these purposes, our legitimate interest lies in the processing of the data. By anonymizing the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.

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2.3 DURATION OF THE STORAGE AS WELL AS OBJECTION AND WITHDRAWAL POSSIBILITY

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The data is deleted as soon as it is no longer required for our recording purposes. As a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that all functions of the website can no longer be used to their full extent.

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Information from the third party provider Google:

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Address:

Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland

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http://www.google.com/analytics/terms/de.html

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Overview of data protection:

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http://www.google.com/intl/de/analytics/learn/privacy.html

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and the privacy policy:

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http://www.google.de/intl/de/policies/privacy

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3. USE OF YOUTUBE

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We have integrated components from YouTube on our website. YouTube is an Internet video portal that allows video publishers to post video clips and other users to view, rate and comment on these published videos free of charge. YouTube permits the publication of all types of videos, which is why complete film and television programmes, but also music videos, trailers or videos made by users themselves can be called up via the Internet portal.

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YouTube is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

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Each time a YouTube component (YouTube video) has been integrated into one of the individual pages of our website, the Internet browser on the user's information technology system is automatically prompted by the respective YouTube component to download a display of the corresponding YouTube component from YouTube. As part of this technical process, YouTube and Google obtain information about which specific subpage of our website is visited by the user. Further information on YouTube can be found at https://www.youtube.com/yt/about/de.

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If the user is logged in to YouTube at the same time, YouTube recognizes which specific subpage of our website the user is visiting by accessing one of our subpages containing a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the user.

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YouTube and Google receive information via the YouTube component that the user has visited our website if the user is logged in to YouTube at the same time as accessing our website; this takes place regardless of whether the user clicks on a YouTube video or not. Such transmission of this information to YouTube and Google may be prevented by logging out of your YouTube account before accessing our website.

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YouTube's privacy policy, which is available at https://www.google.de/intl/de/policies/privacy, discloses the collection, processing and use of personal data by YouTube and Google.

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4. WEB ANALYTICS WITH HOTJAR

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Our website uses features of the web analytics service Hotjar, which is provided by Hotjar Ltd, a company incorporated in Malta (“Hotjar Ltd"). We have entered into a data processing agreement with Hotjar Ltd and fully implement the strict requirements of the GDPR when using Hotjar.

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Hotjar Ltd stores the personal data collected in a pseudonymized user profile. The information will not be used by Hotjar Ltd. or by us to identify individual users, nor will it be combined with other data about individual users.

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You may opt-out of Hot-jar Ltd storing a user profile and information about your visit to our website and of Hotjar Ltd placing "Hotjar Tracking Cookies" on other websites by clicking on the appropriate button on this website: https://www.hotjar.com/legal/compliance/opt-out. For more information about the handling of personal data by Hotjar Ltd, please see Hotjar's Privacy Policy: https://www.hotjar.com/legal/policies/privacy.

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IV. Rights of the data subject

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V. Amendments to this privacy statement

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We reserve the right to change this Privacy Policy at any time without notice. We will notify you of any changes by posting the updated Privacy Policy on our website. If the Privacy Policy is part of an agreement with you, we will email you an updated Privacy Policy or otherwise provide you with appropriate information. Any changes we make will be effective from the date we post them on our website.

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Eberhard Advisory, April 1st, 2022

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