PRIVACY NOTICE AND Legal Information  

Layer 2 GmbH (“Layer2”) maintains a website with the URL: www.layer2solutions.com. The following is to provide information regarding the collection of personal data when using this website. Personal data refers to any and all data that identify you as a natural person by referring, for example, to your name, address, email addresses, or user behavior.

 

Your data are collected, processed and used in accordance with the provisions of the German Telemedia Act (Telemediengesetz TMG) and data protection laws, and here in particular the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) – as of 25 May 2018, the General Data Protection Regulation (GDPR) – as described in detail below:

1. Collection of personal data when using the website for information purposes

(1) When using the website for information purposes only, meaning when you do not register to use our website or transmit any information otherwise, we do not collect personal data except for the data which your browser will transmit to facilitate your visit of the website. These are:

 

  • IP address
  • date and time of enquiry
  • time-zone difference to Greenwich Mean Time (GMT)
  • content of request (specific page)
  • access status/http status code
  • data volume transferred each time
  • website from which the request was made
  • browser
  • operating system and interface
  • language and version of browser software.

(2) Also, when using the website, cookies are saved on your computer. Cookies are small text files allocated on your hard drive to the browser that you use which forward specific information to the site that places the cookies (in this case, Layer 2). A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number. Cookies cannot execute programs or deliver viruses to your computer. They serve the purpose of making the Internet offer a more user-friendly and efficient experience overall.

 

a) This website uses the following cookies:

 

  • transient cookies (temporary)
  • persistent cookies (set with an expiration date)
  • third-party cookies
  • flash cookies (stored permanently)


b) Transient cookies are erased automatically when you close your browser. This includes session cookies especially. Session cookies store a so-called session ID which permits the attribution of different queries from your browser to the same session. This helps to identify your computer when you return to the website. Session cookies are erased when you log out or close the browser.

 

c) Persistent cookies are erased automatically after a pre-set time which may differ depending on the cookie. You can delete cookies in the security settings of your browser.

 

d) You can configure your browser according to your wishes and, for example, refuse to accept third-party cookies or all cookies. Information about how to manage and delete cookies and the respective instructions for the most common browsers can also be downloaded from www.meine-cookies.org. However, please note that if you do this you may not be able to use the full functionality of this website.

 

e) Flash cookies used are not captured by your browser but by your flash plug-in. They store the required data regardless of your chosen browser and do not expire automatically. If you do not wish flash cookies to be used, you need to install the respective add-on, such as “Better Privacy” for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/), or Adobe-Flash-Killer-Cookie for Google Chrome.

 

(3) This information is stored separately from any other data possibly provided to us. The data of the cookies are not linked to your other data.

 

 

2. Collection of personal data during the personalized use of this Website

 

(1) Next to the use of our website for information purposes only, we offer different services and products that you may use. To benefit from this offer, you must provide additional personal information which we use to render the individual service. Wherever it is possible to provide additional voluntary information, this is marked accordingly. We only collect, process and use such personal data of yours which are necessary for you to register and use this platform or which you yourself provide on the platform. These data consist of the following inventory data and usage data which are necessary for you to enter into an agreement for use of the platform, and for us to provide the platform to you in accordance with such agreement:

 

  • name of company
  • name (comprising salutation, title, first name, surname and gender)
  • address
  • telephone number
  • fax number
  • email address
  • user’s registration and login data
  • user’s bank details
  • value added tax identification number (optional)


(2) We use inventory data and usage data to substantiate, shape the content of, amend or terminate a contractual relationship with you, to meet our contractual obligations towards you, and to contact you if you wish or if this is necessary or permitted by law in the context of the contractual relationship.

 

The personal data, except for data collected by third parties named hereinafter, are stored and processed within the European Union.

 

Inventory data will be erased two years following termination of the contractual relationship at the end of the calendar year unless it is necessary and permitted by law to store them for a longer period of time.

 

 

3. Statistical anonymized analysis of user data

 

We are entitled, for the purpose of promotion, market research or tailoring the website to meet your requirements, to create a user profiles using an alias, unless you object. In particular, we analyze the user data for statistical purposes anonymously, to tailor the platform to suit the individual user’s needs. You may object to such use of your personal data by notifying us accordingly. (contact details s. item 11)

 

 

4. Use of Google Analytics

 

(1) This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how you as a user, use the site. The information generated by the cookie about your use of this website will usually be transmitted to, and stored by, Google on servers in the United States. If IP anonymization has been activated on this website, Google will truncate your IP address in Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the United States and truncated there. On behalf of this website operator, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage for the website operator.

 

(2) Google will not associate your IP address with any other data held by Google within the context of Google Analytics.

 

(3) You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

 

(4) To opt out of data collected by cookies and the use of website-related data (including your IP address) to Google as well as the processing of data by Google, download and install the add-on for your current browser plug-in available at the following link:

 

http://tools.google.com/dlpage/gaoptout?hl=de.

 

(5) This website uses Google Analytics with the add-on “_anonymizeIp()”. This process truncates IP addresses, which excludes any direct reference to natural persons.

 

(6) The use of Google Analytics is subject to the requirements that German data protection authorities have agreed to with Google. Information of third party provider: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Terms of use: http://www.google.com/analytics/terms/de.html, overview data protection: http://www.google.com/intl/de/analytics/learn/privacy.html, and data privacy: http://www.google.de/intl/de/policies/privacy.

 

 

5. Use of etracker

 

(1) This website collects and stores data for marketing and optimization purposes using technology by etracker GmbH (www.etracker.com). From these data, user profiles can be created under an alias. Cookies may be used for this. Data collected using etracker technology will not be used without the express, specifically extended approval of the party concerned, to personally identify visitors to this website and will not be merged with the personal data regarding the bearer of the alias. The collection and storage of data can be objected to any time effective for the future.

 

(2) You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

 

 

6. Email newsletter

 

(1) Subject to your separate consent, we may send you information about our offers and products as well as general customer information (newsletter) by email. Your consent will be recorded and you may retrieve the content of such approval as well as this notice any time. You may revoke your consent any time effective for the future. (contact details s. item 11)

 

(2) To email our newsletter, we use products by EWORX NETWORK & INTERNET GMBH and for this, we transfer your data which are required to send the email, to this provider.

 

 

7. Use of Google AdSense and Bing Ads

 

(1) This website uses Google AdSense and Bing Ads as online advertising services.

 

(2) When visiting our website, the providers receive information that you prompted our website. To do this, the providers will place a cookie on your computer. The information listed under item 1 of this statement is transmitted. Also, so-called Web Beacons (invisible images) are used to analyze your user behavior on this website. These services will not associate your IP address with any other data held by these providers within the context of Google Analytics. We cannot influence the data collected, nor are we aware of the full scope of the data collection. These data will be transmitted to the United States and analyzed there. It is possible that these data will be forwarded to contract partners of the providers and to official authorities.

 

(3) You may prevent the placement of cookies from Google AdSense in various ways: a) by selecting the appropriate settings of your browser software, especially blocking third-party cookies will prevent you from receiving ads from third parties; b) by deactivating interest-based ads at Google via the link http://www.google.de/ads/preferences; however, this setting is deactivated when you delete your cookies; c) by deactivating interest-based ads of those providers who are members of the self-regulating About Ads campaign, via the link http://www.aboutads.info/choices; however, this setting is deactivated when you delete your cookies; d) by permanently deactivating them on your Firefox, Internet Explorer or Google Chrome browsers at the link http://www.google.com/settings/ads/plugin.5. However, please note that if you do this you may not be able to use the full functionality of this offer.

 

(4) Additional information about the purpose and scope of data collection and their processing as well as further information about your rights and settings options to protect your privacy are available from:

 

a) Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; privacy terms for ads: http://www.google.de/intl/de/policies/technologies/ads and information about DoubleClick Cookies: http://support.google.com/adsense/answer/2839090

b) Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA; https://privacy.microsoft.com/privacystatement.

 

8. Social media plug-ins and third-party services

 

a) Use of social media plug-ins

 

(1) We currently use the following social media plug-ins: Facebook, Google+, Twitter, LinkedIn. Wherever we use social media plug-ins, we apply what is called a two-click solution: When you visit our website we initially do not forward any personal data to the providers of these plug-ins. You recognize the plug-in providers by the mark of the first letter in the greyed-out box.[1] Only by clicking on a plug-in do you activate it, which automatically transmits personal data to the respective provider, where it is stored (for US providers, in the USA). We cannot influence the data collected or data processing operations, nor are we aware of the full scope of the data collection, of its purposes or of data-retention periods. Since the provider collects data from cookies especially, we recommend that you delete all cookies before clicking on the greyed-out box in the security settings of your browser.

 

(2) If you activate a plug-in the plug-in provider is informed that you prompted the respective subpage of our online offer. Also, the information named above in item 1. (1) of this privacy statement is transmitted, whereby in the case of Facebook and Xing, according to the individual provider, only an anonymized IP address is collected in Germany. This is regardless of whether you have an account with this provider and are logged in, or not. If you have logged in with the provider these data are attributed directly to your account. If you click on the activated button and e.g. link the page the provider stores this information, too in your user account and publicly informs your contacts of this. If you do not wish this to be attributed to your profile with the provider, you must log off before activating the button.

 

(3) The provider stores these data as user profiles and uses them for the purpose of promotion, market research and/or to tailor the design of its website to your requirements. This analysis is done specifically (even for users who are not logged in) to present demand-actuated promotions and to inform other users of the social network of your activities on our website. You have the right to object to the creation of these user profiles. To exercise this right, you must contact the individual provider.

 

(4) Further information about the purpose and scope of data collection and processing by the individual provider is available in the privacy statements of these providers listed below. These statements also include additional information about your rights and settings options to protect your privacy.

 

(5) Addresses of the individual providers and URL plus privacy statements:

a) Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; further information about data collection: http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other applications plus http://www.facebook.com/about/privacy/your-info everyone info.

b) Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://www.google.com/policies/privacy/partners/?hl=de.

c) Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy.

d) LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy.

 

b) Embedding third-party services

 

(1) We have embedded YouTube videos in our online offer which are stored at http://www.YouTube.com and which can be played directly from our website. All YouTube videos are embedded under the “extended data privacy mode”, meaning that no data about you as a user are transmitted to YouTube unless you play the videos. Only when you play the videos are the data as listed in paragraph 2 transmitted. We cannot influence this data transfer. We have also embedded the following third-party content on this website: Google Maps.

 

(2) When visiting the website, third-party providers receive information that you prompted the respective subpage on our website. Also, the information listed in 1.(1) of this statement is transferred. This is regardless as to whether this third party provides a user account via which you are logged in or if there is no user account. If you have logged in with the plug-in provider these data are attributed directly to your account. If you do not wish this to be attributed to your profile with the third-party provider, you must log off before activating the button.

 

(3) The third-party provider stores these data as user profiles and uses them for the purpose of promotion, market research and/or the demand-actuated design of its website. This analysis is done specifically (even for users who are not logged in) to provide demand-actuated advertising. You have the right to object to the creation of these user profiles. To exercise this right, you must contact the respective third-party provider.

 

(4) Further information about the purpose and scope of data collection and processing by the individual third-party provider is available in the privacy statements of these providers listed below. These statements also include additional information about your rights and settings options to protect your privacy.

 

(5) Addresses of the individual providers and URL plus privacy statements:

 

Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://www.google.com/policies/privacy/partners/?hl=de.

 

 

9. Subcontractors

 

In the context of processing personal data we use subcontractors and enter into a contract with these data processors in accordance with the requirements of Section 11 of the German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG) / Art. 28 GDPR.

 

We use Microsoft Azure (Microsoft Ireland Operations Limited, 70 Sir John Rogerson's Quay, Dublin 2, Irland) to host the platform on our behalf.

 

 

10. Protection of personal data

 

We pursue technical and organizational measures in accordance with the requirements under Section 9 of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) / Art. 32 GDPR to protect the user’s personal data. All our employees who have been entrusted with processing personal data of the platform are committed to maintain data secrecy. Users’ personal data are HTTPS-encrypted during transmission to the platform.

 

 

11. Legal grounds

 

The following provisions constitute the legal basis for the collection and processing of data: Sections 12, 13, 14 and 15 of the German Telemedia Act (Telemediengesetz - TMG); Sections 4 (1), 28 (1) sentence 1 number 1 of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG); Art. 6 (1) lit. a) and b) GDPR.

 

 

12. Rights of data subjects

 

The user and other data subjects have the following rights vis-à-vis Layer2 in relation to their personal data:

 

  • right to be informed
  • right to the correction of data
  • right to have data erased
  • starting 25 May 2018: right to restrict the processing of data
  • starting 25 May 2018: right to data portability

 

 

13. Service Provider / Responsible Agency / Contact Information / Objection / Revocation of Consent


The service provider, in accordance with Section 13 of the German Telemedia Act (Telemediengesetz - TMG) and the Responsible Agency in accordance with Section 3 (7) of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) or the responsible party according to Art. 4 (7) GDPR, is:

 

Layer 2 GmbH, Eiffestrasse 664B, 20537 Hamburg, Email: [email protected]

 

Any and all requests for information, correction and erasure, objections or the revocation of a consent, the enforcement of the right to restrict the processing of data or the right of data portability as well as comments or questions on behalf of the user in relation to privacy must be sent to this address in text form.

 

 

14. Data protection authorities and right to appeal

The data protection authority competent for us to whom a complaint can be submitted for the violation of privacy rights, is:

 

Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit

Klosterwall 6 (Block C), 20095 Hamburg

Tel: +49 (0)40 / 428 54 - 4040

Fax: +49 (0)40 / 428 54 - 4000

Email: [email protected]

 

 

15. Data protection officer

 

Our data protection officer is Oliver Herz

Tel: +49 (0)40 / 28 41 12 – 10

Fax: +49 (0)40 / 28 41 12 - 16

Email: [email protected]

 

 

16. Ongoing privacy policy

 

From time to time it may be necessary to adjust the content of this privacy statement. We therefore reserve the right to change this statement any time. We will transmit the amended version of this privacy statement by email to registered users prior to such statement coming into effect and will publish the amended version precisely where this privacy statement was previously published.