Privacy policy

The following information explains how we process your personal data and the claims and rights available to you under data protection legislation.

This privacy policy explains the nature, scope and purpose of the processing of personal data on our website (hereinafter collectively referred to as the “website”). It applies regardless of the domains, systems and devices used (e.g. desktop, mobile, etc.).

Personal data means any information relating to you personally, such as your name, address, email addresses and user behaviour. The specific data processed and how it is used depend largely on the services you use.

1. Who is responsible for processing the data and whom can I contact?

This privacy information applies to data processing by: Controller: AXXUS Capital SARL 6-8 Op Ahlkerrech L-6776 Kirchberg, Luxembourg Email: bienvenue(at)Axxus-Capital.com Telephone: +49 621 8430200 Fax: +49 621 8430202

2. What sources and data do we use?

We process personal data received from you when you use our website and, where applicable, in the course of our business relationship.

If you use our website www.axxus-capital.com solely for information, without registering or otherwise providing information to us, the browser on your device automatically transmits information or personal data to our website’s server. This information or personal data is temporarily stored in a log file. The following information is collected without any action on your part and stored until it is automatically deleted:

the IP address of the requesting computer,
the date and time of access,
the time zone difference from Greenwich Mean Time (GMT),
the name and URL of the requested file,
the access status/HTTP status code,
the amount of data transferred in each case,
the website from which access originates (referrer URL),
the browser type and version, operating system and its interface, and the language and version of the browser software,
and confirmation that retrieval was successful.

We also receive your personal data when you contact us by email. Such personal data includes, for example, your name, address, email address and telephone number (hereinafter referred to as “contact details”).

3. Why do we process your data (purpose of processing), and on what legal basis?

We process personal data in accordance with the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) for the following purposes:

If you have consented to the processing of personal data for specific purposes (e.g. by email for handling and responding to an enquiry), processing is lawful on the basis of your consent. You may withdraw consent at any time. Please note that withdrawal takes effect only for the future and does not affect processing carried out before withdrawal. Legal basis: consent, Article 6(1)(a) GDPR.
When you contact us by email, your information is also processed on the basis of taking pre-contractual steps under Article 6(1)(b) GDPR. Legal basis: taking pre-contractual steps at the individual’s request, Article 6(1)(b) GDPR.
We process your access data (listed in section 2 above) to safeguard our legitimate interests or those of third parties. In particular, we pursue the following legitimate interests: – ensuring IT security, especially website security; – ensuring a smooth connection to the website; – ensuring convenient use of our website; – assessing system security and stability; – advertising or market and opinion research, unless you have objected to the use of your data; – asserting legal claims and defending legal disputes. Legal basis: balancing interests to safeguard legitimate interests, Article 6(1)(f) GDPR.

The legal basis for processing is Article 6(1), first sentence, point (f) GDPR. Our legitimate interest arises from the purposes of data collection listed above. We never use the data collected to draw conclusions about your identity. We also use cookies and analytics services when you visit our website. Further information is provided in sections 10 and 11 of this privacy policy.

4. Who receives my data? – Disclosure of data

Within the company, departments that need your data to fulfil our contractual and statutory obligations have access to it.

Processors appointed by us (Article 28 GDPR) may also receive data for the purposes described above. These include companies providing IT services, logistics, printing services, telecommunications, advice and consulting, and sales and marketing. When we appoint processors to provide our services, we implement appropriate legal arrangements and technical and organisational measures to protect personal data in accordance with the applicable legislation. Data is processed only within the European Union.

Data is disclosed to third parties only within the scope of statutory provisions. We disclose users’ data to third parties only where, for example, this is necessary for contractual purposes under Article 6(1)(b) GDPR, is based on legitimate interests in the economic and effective operation of our business under Article 6(1)(f) GDPR, or you have consented to the disclosure. When the website is used solely for information, we generally do not disclose data to third parties.

5. How long is my data stored?

For security reasons (e.g. to investigate abuse or fraud), log file information is stored anonymously for a maximum of six months and then deleted (see section 2 above). Data that must be retained for evidentiary purposes is exempt from deletion until the relevant incident has been fully resolved.

Where necessary, we process and store your personal data for the duration of our business relationship, including, for example, initiating and performing a contract through the contact form or by email.

We are also subject to various retention and documentation obligations, including those arising from the German Commercial Code (HGB) and the German Fiscal Code (AO). The prescribed retention or documentation periods range from two to ten years.

The storage period also depends on statutory limitation periods, which under Sections 195 et seq. of the German Civil Code (BGB), for example, are generally three years but may be up to thirty years in certain cases. The standard limitation period is three years.

6. Is data transferred to a third country or an international organisation?

Data is not transferred to third countries (countries outside the European Union – EU).

7. What data protection rights do I have?

Every data subject has:

Under Article 7(3) GDPR, the right to withdraw consent previously given to us at any time. This means we may no longer continue processing based on that consent in the future;
Under Article 15 GDPR, the right to obtain information about the personal data we process concerning you. In particular, you may request information about the purposes of processing, the categories of personal data, the categories of recipients to whom your data has been or will be disclosed, the envisaged storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the right to lodge a complaint, the source of your data if it was not collected by us, and the existence of automated decision-making, including profiling and, where appropriate, meaningful information about its details;
Under Article 16 GDPR, the right to request correction of inaccurate personal data or completion of your personal data stored by us;
Under Article 17 GDPR, the right to request erasure of your personal data stored by us, unless processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest, or to establish, exercise or defend legal claims;
Under Article 18 GDPR, the right to request restriction of processing of your personal data where you contest its accuracy, processing is unlawful but you oppose erasure, we no longer need the data but you need it to establish, exercise or defend legal claims, or you have objected to processing under Article 21 GDPR; and
Under Article 20 GDPR, the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format, or to request its transmission to another controller.

You may also withdraw consent, generally with effect for the future.

You also have the right to lodge a complaint with a data protection supervisory authority (Article 77 GDPR in conjunction with Section 19 BDSG).

We also draw your attention to your right to object under Article 21 GDPR: Information on your right to object under Article 21 GDPR.

For reasons relating to your particular situation, you have the right to object at any time to the processing of your personal data based on Article 6(1)(e) GDPR (processing in the public interest) or Article 6(1)(f) GDPR (processing based on a balancing of interests). This also applies to profiling based on these provisions within the meaning of Article 4(4) GDPR, which we use for questionnaire analysis or advertising purposes.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds that override your interests, rights and freedoms, or processing is required to establish, exercise or defend legal claims.

In individual cases, we process your personal data for direct marketing. You have the right to object at any time to the processing of your personal data for such marketing, including profiling connected with it. If you object to processing for direct marketing, we will no longer process your personal data for those purposes.

You may object without any formal requirements, and no costs other than transmission costs at standard rates will arise.

Where possible, please send your objection to: AXXUS Capital SARL 6-8 Op Ahlkerrech L-6776 Kirchberg, Luxembourg Or by email to: bienvenue(at)Axxus-Capital.com

8. To what extent is automated individual decision-making, including profiling, used?

When you access our website or contact us by email, we generally do not use fully automated decision-making under Article 22 GDPR. If we use such procedures in individual cases, we will inform you separately where legally required. We do not process your data automatically to evaluate specific personal aspects (profiling).

9. Am I required to provide my data?

When using our website, you must provide the personal data required for technical or IT security reasons. If you do not provide this data, you cannot use our website.

When contacting us by email, you need to provide only the personal data necessary to handle your enquiry. Otherwise, we cannot process it.

10. Cookies and audience measurement

Cookies are information transmitted by our web server or third-party web servers to users’ browsers and stored there for later retrieval. They may be small files or other forms of information storage that your browser automatically creates and saves on your device (laptop, tablet, smartphone or similar) when you visit our website. Cookies do not damage your device and do not contain viruses, Trojans or other malicious software. Some cookies support security or are necessary for website operation (e.g. displaying the website), or store the user’s decision when confirming the cookie banner.

Cookies store information associated with the particular device used. This does not, however, mean that we directly learn your identity.

Cookies are used, firstly, to make our service more convenient. We use session cookies to recognise that you have already visited individual pages of our website. These are deleted automatically when you leave our website. We also use temporary cookies to improve usability. They are stored on your device for a defined period. If you return to use our services, the website automatically recognises that you have visited before and remembers your entries and settings, so you do not need to enter them again.

We also use cookies to collect statistics on website use and evaluate them to optimise our service (see section 11). These cookies enable us to recognise automatically that you have visited before when you return. They are deleted automatically after a defined period. The data processed by cookies is necessary for the stated purposes to safeguard our legitimate interests and those of third parties under Article 6(1), first sentence, point (f) GDPR.

Most browsers accept cookies automatically. You can configure your browser so that no cookies are stored on your computer or so that it always displays a notice before a new cookie is created. Completely disabling cookies may prevent you from using all website functions.

You can object to cookies used for audience measurement and advertising through the Network Advertising Initiative opt-out page (http://optout.networkadvertising.org/), the US website (http://www.aboutads.info/choices), or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

11. Analytics tools

The tracking measures listed below and used by us are carried out on the basis of Article 6(1), first sentence, point (f) GDPR. We use them to ensure that our website meets users’ needs and is continually optimised. We also use them to collect statistics on website use and evaluate them to optimise our service. These interests are legitimate within the meaning of the above provision.

The purposes of processing and categories of data are described in the respective tracking tools.

11.1 Google Analytics

(1) This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies: text files stored on your computer that enable analysis of your website use. Information generated by the cookie about your use of this website is generally transmitted to a Google server in the USA and stored there. If IP anonymisation is enabled on this website, Google first truncates your IP address within EU Member States or other states party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there. On behalf of the website operator, Google uses this information to evaluate your website use, compile reports on website activity and provide other services relating to website and internet use to the operator.

(2) The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.

(3) You can prevent cookies from being stored by configuring your browser accordingly; however, you may then be unable to use all website functions fully. You can also prevent Google from collecting and processing the data generated by the cookie about your website use (including your IP address) by downloading and installing the browser plug-in available at https://tools.google.com/dlpage/gaoptout?hl=de.

Please note that you cannot use the browser plug-in described above when visiting our website through a mobile device browser (smartphone or tablet). On a mobile device, you can prevent Google Analytics from collecting usage data by clicking the following link: Disable Google Analytics.

Clicking this link sets an opt-out cookie in your browser. This prevents information about your website visit from being transmitted to Google Analytics. Please note that the opt-out cookie applies only to this browser and this domain. Deleting cookies in this browser also deletes the opt-out cookie. To continue preventing collection by Google Analytics, you must click the link again. The opt-out cookie can also be used as an alternative to the plug-in described above on your computer.

(4) This website uses Google Analytics with the “_anonymizeIp()” extension. This truncates IP addresses before further processing, preventing association with a specific individual. Where the data collected about you relates to an individual, this association is immediately removed and the personal data is therefore deleted without delay.

(5) We use Google Analytics to analyse and regularly improve our website. The resulting statistics allow us to improve our service and make it more interesting for you. For exceptional cases in which personal data is transferred to the USA, Google has adopted the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework). The legal basis for Google Analytics is Article 6(1), first sentence, point (f) GDPR.

(6) Third-party provider information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, fax: +353 (1) 436 1001. Terms of service: https://www.google.com/analytics/terms/de.html; privacy overview: https://www.google.com/intl/de/analytics/learn/privacy.html; and privacy policy: https://www.google.de/intl/de/policies/privacy. (7) This website also uses Google Analytics for cross-device analysis of visitor flows through a user ID. In your customer account, under “My data”, “personal data”, you can disable cross-device analysis of your use.

12. Data security

During your website visit, we use the widely adopted SSL (Secure Socket Layer) protocol with the highest encryption level supported by your browser, generally 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can recognise an encrypted website page by the closed key or padlock symbol in your browser’s lower status bar. We also use appropriate technical and organisational security measures to protect your data against accidental or deliberate manipulation, partial or total loss, destruction and unauthorised access by third parties. These measures are continually improved as technology develops.

13. Currency and changes to this privacy policy

This privacy policy is currently valid and dated February 2023. Further development of our website and services, or changes in statutory or regulatory requirements, may make amendments necessary. You can access and print the current privacy policy at any time at www.axxus-capital.com/datenschutz/.