Privacy Policy

The protection of information relating to you, such as your name, your telephone number, your email address or your IP address (so-called “personal data”), is important to us. Therefore, we operate our websites and our services in accordance with applicable data protection laws, in particular the EU General Data Protection Regulation (“GDPR”) and the German Federal Data Protection Act (Bundesdatenschutzgesetz; “BDSG”).

Our websites are in particular:
/ effctl.com
/ effectualcapital.com
/ effectual-capital.com
/ effectual.capital

Below, you will find an explanation regarding our handling of your personal data in this context.

Who is the controller?

Effctl Capital GmbH
Bruderstrasse 1
80538 Munich
Germany
info@effctl.com

You can find more information via our legal notice.

What do we do with your personal data?

a) When you use our website

We process your personal data, such as your IP address, in order to provide the respective website to you. This processing is necessary for the retrieval of the content displayed on the respective website (including its functions) and due to IT security measures.

(1) Legal Basis

We base the processing of your personal data for the provision of the respective website and for our communication with you on basis of our respective overriding legitimate interest. For the provision of the respective website, it is technically necessary that we process certain personal data (e.g. the IP address). For our communication with you, it is necessary that we process your respective personal data.

(2) Balancing of Interests

As part of the required balancing of interests, we have weighed up your interest in confidentiality against our interests in providing the respective website and answering your contact request. Your interest in confidentiality recedes in each case. Otherwise, we would not be able to provide you with the respective website or respond to your contact request.

(3) Recipient Categories

We use service providers to provide our websites. We transmit personal data to these service providers for this purpose. We have contractually obligated these service providers to exercise the same care in processing personal data as we do ourselves.

b) If you enter into a Contract with us

You can enter into a contract with us, e. g. for our consultancy services. For this purpose, we process the respective personal data that you provide to us in each case.

(1) Legal Basis

We process your personal data in order to take steps at your request prior to entering into a contract and/or for the performance of the corresponding contract.

We process personal data of relevant contact persons of a contractual partner on basis of our corresponding overriding legitimate interest.

(2) Balancing of Interests

As part of the required balancing of interests, we have weighed up the interest in confidentiality of a contact person of a contractual partner against our interests in performing the respective contract. The corresponding interest in confidentiality of a contact person of a contractual partner recedes in each case. Otherwise, we would not be able to perform the respective contract with our contractual partner.

(3) Recipient Categories

As part of our service provision, we might transfer personal data to other companies. We might transfer personal data to other companies within and/or outside our group of companies, including but not limited to external service providers as part of our services. In such a case, we contractually obligate these service providers to exercise the same care in processing personal data as we do ourselves.

c) When you order our Newsletter

You can register for our respective newsletter(s) by providing your corresponding consent. For this purpose, we collect the respective personal data that you provide to us in each case.

We process the personal data you provided as a subscriber of our newsletter on the basis of your consent. You can withdraw your consent at any time with effect for the future.

d) When you apply for a Job with us

You can apply for a job with us. For this purpose, we process the personal data that you provide to us as part of your application.

We process your personal data in order to take steps at the request of the data subject prior to entering into a contract and for the performance of the corresponding contract.

e) If we sell or restructure our Company and/or a Service

We reserve the right to sell or restructure our company and/or our services in whole or in part.

In doing so, we may transfer your respective personal data to a third party in the future, in compliance with the respective data protection requirements. We will inform you about this with a notice period of at least 30 days prior to such a data transfer. Furthermore, we will inform you regarding the consequences for further use of our services.

(1) Legal Basis

We base the processing of your respective personal data in the context of such a sale or restructuring on basis of our respective overriding legitimate interest. For the processing of a corporate transaction or a corporate restructuring, it may be necessary for us to transfer your respective personal data to a third party.

(2) Balancing of Interests

As part of the required balancing of interests, we have weighed up your confidentiality interests against our interests in a corresponding transaction/restructuring. Your interest in confidentiality recedes in each case. Otherwise, we would not be able to carry out such a transaction or restructuring.

f) When we anonymize your Personal Data

We anonymize your respective personal data in order to evaluate it for statistical purposes.

(1) Legal Basis

We base the respective processing of your personal data in the context of such anonymization on basis of our respective overriding legitimate interest.

(2) Balancing of Interests

As part of the required balancing of interests, we have weighed up your interest in confidentiality against our interest in anonymization. Your interest in confidentiality recedes in that case. Otherwise, we would not be able to achieve such anonymization. Afterwards, neither the GDPR nor the BDSG are applicable to anonymized data.

(3) Recipient categories

We use service providers for the anonymization process. We transmit personal data to these service providers for this purpose. In such a case, we contractually obligate these service providers to exercise the same care in handling personal data as we do ourselves.

g) When you allow the use of Cookies/Identifiers and Analytics Tools in your Browser

We use cookies/identifiers and analytics tools to provide our respective website.

Cookies are digital files that contain information. Web servers can place cookies on your user device (e.g. computer, smartphone, and tablet). When a user accesses our respective website again using the same user device, information might be sent to our website („first party cookie“) or to another website to which the cookie belongs („third party cookie“).

Various information can be used as identifiers (e.g. your browser version).

Switching off the cookie function in your web browser does in general not restrict the use of our websites and the offered services.

(1) Legal Basis

We base the use of technically necessary cookies/identifiers on our respective overriding legitimate interest in accordance with a statutory provision (Section 25 (2) No. 2 of the German Federal Telecommunications-Telemedia Data Protection Act (Gesetz über den Datenschutz und den Schutz der Privatsphäre in der Telekommunikation und bei Telemedien; “TTDSG”), Article 6 (1) (f) GDPR). Storing information in your user device or accessing such information already stored in your user device is absolutely necessary so that we can provide the respective tele media service expressly requested by you as the respective user.

Otherwise, the legal basis in each case is in general your consent, if no specific legal basis is mentioned in this section of our privacy statement (Section 25 (1) TTDSG, Article 6 (1) (a) GDPR).

You can withdraw your consent at any time with effect for the future, e.g. by deleting cookies stored in your user device via the browser settings of your respective user device. Please note that for technical reasons, this procedure only applies to the specific user device (therefore, you would have to delete the cookies set on different end devices if necessary).

You can also prevent the respective collection as well as the respective processing of your personal data by preventing third party cookies from being stored on your user device, by using the „Do Not Track“ function of a supporting browser, by disabling the execution of script code in your browser or by installing a script blocker such as NoScript or Ghostery in your respective browser.

How long do we store your Personal Data?

We delete your personal data when no further storing is necessary with regard to the respective data processing purpose and we do not need to comply with a statutory provision regarding the retention of certain personal data (e.g. a retention obligation under the German Federal Fiscal Code and/or the German Federal Commercial Code). If we cannot delete your personal data, we will restrict further processing of such personal data.

Furthermore, the respective storage period also depends on the statutory limitation periods. In the event of an unsuccessful application, we will generally delete your personal data after six (6) months, unless we can base a further processing on a legal basis.

What are your Rights as a Data Subject?

Please contact us via the contact details above to exercise your data protection rights and/or to withdraw your respective consent.

a) You have the right to request information regarding all personal data we process about you at any time (Article 15 GDPR).

b) You have the right to rectification and completion without undue delay, if your personal data is incorrect or incomplete (Article 16 GDPR).

c) You have the right to request deletion of your personal data without undue delay at any time, unless we are legally obliged or entitled to further process your data (Article 17 GDPR).

d) You have the right to restrict the processing your personal data, if the legal requirements are met (Article 18 GDPR).

e) You have the right to object to a respective data processing insofar as we carry out the data processing for the purpose of direct marketing or profiling.

If we carry out the processing on the basis of a balancing of interests, you may object to the processing unless we demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims (Article 21 GDPR).

f) You have the right to receive the personal data you have provided, if we base the respective data processing on your consent or on a respective contract with you and if this does not affect the rights and freedoms of other persons.

g) You have the right to withdraw this consent at any time with effect for the future, if we base the respective data processing on your consent. The respective data processing carried out before the withdrawal remains unaffected by the withdrawal (Article 7 (3) GDPR).

h) You also have the right to lodge a complaint with a data protection supervisory authority at any time if you consider that the processing of personal data relating to you infringes applicable law, in particular the GDPR and BDSG (Article 77 GDPR).

We will notify all recipients to whom we have disclosed personal data of any rectification or deletion of your personal data or restriction of the relevant processing, unless this proves impossible or involves a disproportionate effort. We will inform you of the recipients applicable to you if you request this.

In what Context do we create Automatic Profiles?

We do not create automatic profiles.

Data Transfer to Third Countries

In some cases, we may transfer personal data to recipients in third countries (see in each case the corresponding statement within our privacy statement). Third countries are countries outside the European Union (“EU”) and outside the European Economic Area (“EEA”). These third countries also include the USA.

In the USA, there is no comparable level of data protection compared to the data protection level within the EU or within the EEA. In particular, it is possible that government agencies might access personal data without us or you becoming aware of this. Legal prosecution may not be promising.

The legal basis for such a data transfer is generally your consent (Article 49 (1) sentence 1 (a) GDPR) or a respective contract performance (Article 49 (1) sentence 1 (b) GDPR) or the adequacy decision of the EU Commission (Article 45 (1) GDPR) or the use of EU standard contractual clauses (Article 46 (2) (c) GDPR; “SCC”). You can access these SCC here.

We may also use another legal basis for a data transfer to a third country, in compliance with the requirements of the applicable data protection law.

Data Security

We take appropriate technical and organizational security measures to protect the personal data we process against accidental or intentional manipulation, loss, destruction or against unauthorized access.

We use technical and organizational measures to ensure the confidentiality of your personal data and to protect it against manipulation, loss and destruction. The storage and disclosure of personal data are subject to strict security procedures. We train our corresponding employees with regard to data protection law. Our employees only access personal data to the extent necessary.