1. General; Responsible
With this notice, we would like to inform you about how we CAPTIQ GmbH (Neue Mainzer Str. 66-68 60311 Frankfurt am Main; hereinafter also 'CAPTIQ', 'we', 'us') process personal data in connection with, in particular, the loan brokerage platform provided by us (see also the website www.captiq.com, the 'Website') (the 'Platform'). We take the confidentiality and protection of your personal data very seriously. For this reason, we process your personal data only to the extent permitted by law, in particular on the basis of the requirements of the General Data Protection Regulation ('DSGVO') and the Federal Data Protection Act.
For the processing of personal data relating to the Platform carried out by us ourselves, we are in principle the controller within the meaning of the GDPR, although any processing by the financing partners and the financiers is carried out under their own responsibility in each case (cf. on this (and also on the terms 'financing partner' and 'financier') below under 2.b).
2. Data processing
a) Usual processing operations in connection with websites
When you visit our website (www.captiq.com), this involves processing data that is regularly processed when you visit a website.
i) Visit the website
In the case of merely informational use of the website, i.e. if you do not actively transmit information to us, we generally do not collect any personal data, with the exception of the data that your browser automatically transmits to enable you to visit the website. This includes, for example:
- IP address;
- Date and time of access;
- amount of data transferred in each case;
- Recognition data of the browser used
We do not assign this data to specific persons. The aforementioned processing of data is basically only for the purpose of enabling the use of the website (connection establishment; technical session control). Insofar as the processing of the aforementioned data involves personal data, the corresponding processing of this data is based on Art. 6 para. 1 sentence 1 lit. f DSGVO (legitimate interest; the legitimate interest follows from the aforementioned purpose - enabling the offering and retrieval of the website); otherwise, if applicable, also on § 25 para. 2 no. 2 TTDSG.
ii) Cookies and other (analysis) tools
When calling up individual pages of the website, we may use so-called technically necessary cookies to navigate the website, use basic functions and ensure the security of the website; these cookies do not collect information about you for marketing purposes nor do they store which web pages you have visited. The legal basis for the use of these technically necessary cookies is Art. 6 para. 1 p. 1 lit. f DSGVO (legitimate interest; the legitimate interest follows from the above-mentioned purposes, in particular session control and ensuring the security of the website) or § 25 para. 2 no. 2 TTDSG.
If and to the extent that we also use other, non-technically necessary cookies or comparable non-technically necessary technologies (see, for example, Google Analytics below) in relation to your visit to the website, we will always obtain your consent in advance (via a consent management tool) regarding such cookies and technologies on the website. If you do not give your consent, such cookies and technologies will not be used in relation to your visit to the Website. The legal basis for the processing of (personal) data associated with such cookies and technologies is Art. 6 para. 1 p. 1 lit. a DSGVO (consent) or § 25 para. 1 p. 1 TTDSG.
You can usually configure the usual browsers so that no cookies are stored. However, deactivating cookies may mean that you cannot use all the functions of our website (completely or without problems).
(b) Google Analytics
The website uses Google Analytics, a web analytics service provided by Google (provider of this service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). If you do not consent to the use of this tool when (first) accessing the website, no personal data from you will be processed using this tool. By means of this service, we can evaluate the use of our website and collect information about the needs of the users in order to increase the user-friendliness of our online offer and its quality on this basis. In order to be able to carry out these evaluations, aggregated and anonymous or pseudonymous (statistical) data are collected in particular. Google Analytics uses, among other things, so-called 'cookies', i.e. files that are stored on your system and enable an analysis of your use of the website.
The information generated by such cookies or other technologies used by Google Analytics about your use of the website may also be transferred (in part) to Google servers in the U.S. and processed there. However, your IP address will generally be shortened beforehand. On behalf of the operator of this website, Google will use the information processed by means of the tool to evaluate your use of the website, to compile reports on website activity and to provide other services to the website operator relating to website activity and internet usage.
In connection with the use of Google Analytics, the Google Signals function is used, among other things. Google signals are session data from websites and apps that Google associates with users who are logged into their Google Account and have enabled personalized advertising. Linking data to these logged-in users enables cross-device reporting, cross-device remarketing, and exporting cross-device conversions to Google Ads. You can find more information about Google Signals here: https://support.google.com/analytics/answer/9445345?hl=en#zippy=%2Cthemen-in-diesem-artikel%2Cin-this-article.
You can prevent the storage of the corresponding cookies regarding Google Analytics by making the appropriate setting in your browser software. Furthermore, you can deactivate the use of Google Analytics regarding our website with regard to your personal data in the consent management tool included on our website.
The legal basis for the processing of (personal) data concerning Google Analytics described above is Art. 6 (1) p. 1 lit. a DSGVO (consent) or Section 25 (1) p. 1 TTDSG.
As already described above, data may also be processed by Google in the USA. With regard to the USA, there is currently a (limited) adequacy decision of the EU Commission; Google LLC has had itself certified accordingly with regard to this decision. In addition, standard data protection clauses within the meaning of Art. 46(2)(c) DSGVO are used (by Google) (Google can provide you with corresponding documentation on the standard data protection clauses).
For more information about Google Analytics, click here: https://support.google.com/analytics/answer/10089681?hl=de.
(c) Google Tag Manager
The website uses the so-called Google Tag Manager from Google (Google Ireland Limited - Gordon House, Barrow Street, Dublin 4, Ireland). The Google Tag Manager is a solution with which marketers can manage website tags via an interface. The tool itself (which implements the tags) does not collect any personal data. However, the tool is used for the purpose of triggering other tags, which in turn may process personal data. If a deactivation has been made at domain or cookie level (or via our consent management tool), this remains in place for all tracking tags implemented with Google Tag Manager.
iii) Contact by E-mail
There are various ways of contacting us on the website (e.g. by e-mail). If you contact us in this way or send us an inquiry, the personal data you provide will be processed by us in order to respond to your inquiry. This data is used by us exclusively for the purpose of processing the relevant inquiry. The legal basis for the processing of the aforementioned personal data is in many cases Art. 6 para. 1 p. 1 lit. f DSGVO (legitimate interests; the legitimate interest arises from the fact that we can only perform the action requested by the user (e.g. answering inquiries) by processing the user's data accordingly); in individual cases, possibly alternatively Art. 6 para. 1 p. 1 lit. a DSGVO (consent)... If the contact is aimed at the possibility of concluding a contract with us, then in addition or alternatively, if applicable, Art. 6 para. 1 p. 1 lit. b DSGVO (contract performance or pre-contractual measures) is the legal basis for the processing.
b) Processing of data of the (potential) borrower in connection with credit mediation
i. We do not grant loans ourselves, but will refer your credit request to financing partners (hereinafter also the 'Financing Partners' or individually a 'Financing Partner'; for an overview of the Financing Partners with whom we currently work, please see www.captiq.com/finanzierungspartner. For this purpose, we will transmit your credit application, including relevant data, information and documentation provided by you in connection with the credit application and relevant information about you that we receive from third parties in connection with the credit application, to such Financing Partners (such data, documentation and information hereinafter also the 'Application Documents'). Please note that the personal data processed by us in this context is generally required for the brokerage services provided by us; without the provision of the relevant data, it will generally not be possible for the financing partners to conclude a corresponding loan agreement with you. If necessary, we will also forward to you information from the financing partners regarding the initiation and / or execution of the respective loan agreement, which we receive from the financing partners.
ii. In some cases, the financing partners have concluded a (framework) agreement with third parties on the takeover of the credit agreements (such third parties also being the or a 'financier'). Whether and which financing partners cooperate with a and which financier in this respect can be seen under the following link: www.captiq.com/finanzierungspartner In the event of such a takeover, the financier shall become the legal and economic owner of the credit claim or your creditor and contractual partner regarding the loan (in each case instead of the financing partner). In this context, the financier requires the application documents that we provide to it for this purpose - after a disbursement of the loan amount by the financing partner to you.
For the purpose of brokering a loan, we process the correspondence between you and the respective financing partner or (if applicable in the respective case) the respective financier regarding your loan request, which takes place via the platform (this primarily concerns the correspondence until a loan agreement is concluded or until your loan request is rejected).
The respective financing partner and the respective financier shall each process your data under their own responsibility. The respective financing partner processes your data for the initiation, conclusion and processing of any loan agreement (including the transfer of the loan agreement to the financier, if applicable in the individual case). The financier processes your data for the initiation, conclusion and settlement of the assumption of the credit agreement as well as the collection of receivables. The financier may use service providers commissioned by it and subject to its instructions for the execution and processing of the credit agreement.
iii. A credit check on you is required to process your loan request. For this purpose, we work together with appropriate credit agencies (hereinafter the 'credit agencies'), from which we receive corresponding credit reports. For the purpose of or in connection with the commissioning of the credit bureaus, we transmit the following data to the credit bureau in particular: first name, last name, address, date of birth, annual financial statement data, BWA, personal income and expenses, personal asset data.
We are currently working with the following credit agencies in particular:
We are currently working with the following credit agencies in particular:
- CAPTIQ shall transmit personal data collected within the scope of the contractual relationship regarding the application, the performance and the termination of this business relationship as well as data regarding non-contractual conduct or fraudulent conduct to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden ('SCHUFA'). The legal basis for these transfers is usually Article 6(1)(b) and Article 6(1)(f) of the General Data Protection Regulation (DSGVO); see also under iv. below. Transfers on the basis of Article 6(1)(f) DSGVO may only be made insofar as this is necessary to protect the legitimate interests of the bank/savings bank or third parties and does not override the interests or fundamental rights and freedoms of the data subject which require the protection of personal data. The exchange of data with SCHUFA may also serve to fulfill legal obligations to conduct creditworthiness checks on customers (Section 505a of the German Civil Code, Section 18a of the German Banking Act). The customer also releases CAPTIQ from the duty of banking secrecy to the extent that such duty applies to CAPTIQ. SCHUFA processes the received data and also uses it for the purpose of profiling (scoring) in order to provide its contractual partners in the European Economic Area and in Switzerland, and if applicable, in other third countries (provided that an adequacy decision of the European Commission exists for these countries), with information, among other things, for the assessment of the creditworthiness of natural persons. Further information about SCHUFA's activities can be found in the SCHUFA Information Sheet according to Art. 14 GDPR (see the link mentioned below), or can be viewed online at www.schufa.de/datenschutz. More detailed information about the data processing carried out by SCHUFA can be found at https://www.schufa.de/global/datenschutz-dsgvo/. Please note that we do not assume responsibility for these linked contents; they are information provided by SCHUFA.
- Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss ('Boniversum'); for further information about the data processing carried out by Boniversum, please visit https://www.boniversum.de/eu-dsgvo/informationen-nach-eu-dsgvo-fuer-verbraucher/. Please note that we do not assume responsibility for these linked contents.
- Association of Creditreform Associations e.V., Hammfelddamm 13, 41460 Neuss ('Creditreform'); for further information about the data processing carried out by Creditreform, please visit https://www.creditreform.de/datenschutz. Please note that we do not assume responsibility for these linked contents.
The data obtained from credit agencies is transmitted to financing partners and/or financiers to a certain extent for the purpose of loan brokerage or for assessing your creditworthiness, if necessary.
iv. Insofar as we transmit personal data to a financing partner or a financier or receive personal data from them and process it thereupon, this is done in order to fulfill an existing contract with you, e.g. on the use of the platform or in fulfillment of the respective mediation relationship, including the associated task of forwarding your credit inquiry and application documents for the initiation of a credit agreement to a financing partner or a financier and to enable further correspondence about the credit inquiry and/or any settlements between you and the respective financing partner or the respective financier (legal basis: Art. 6 para. 1 sentence 1 lit. b) DSGVO).
Data processing in connection with obtaining creditworthiness information is based on Art. 6 (1) sentence 1 lit. b DSGVO (contract or pre-contractual measures) or Art. 6 (1) sentence 1 lit. f DSGVO (legitimate interests; the legitimate interest arises from the fact that we or the financing partner and the financier need to know whether the applicant is a solvent contractual partner).
If a credit agreement has been concluded or your credit application has been withdrawn or has been settled for another reason, we will retain your personal data and the application documents at least as long as this is necessary to comply with any existing statutory retention obligations (legal basis: Art. 6 para. 1 p. 1 lit. c) DSGVO) and/or to protect our legitimate interest in asserting, exercising or defending legal claims in connection with your use of the platform (legal basis: Art. 6 para. 1 p. 1 lit. f) DSGVO; we assume that your interests do not conflict with this because the subsequent storage period is reasonable with regard to the interests to be protected) and / or in other cases in which continuous processing is permitted by law.
For more information about the data processed by financing partners, please refer to the privacy policies of the respective financing partner (additional information or links to such information of financing partners can be found at www.captiq.com/finanzierungspartner. For further information about which financing partners collaborate with which financiers and which data is processed by the financier, please refer to the privacy policies of the respective financier (see also the information at: www.captiq.com/finanzierungspartner).
3. (Other) data transfers
The personal data collected in the context of the use of the platform will - subject to other cases expressly described in this data protection notice (see in particular under 2.b) above) - not be passed on to third parties or transferred in any other way without your consent.
a) Exceptions to this are transfers of personal data in the case of a legal obligation to disclose (such as to government institutions and authorities), insofar as we are legally obliged to do so. The legal basis for this processing of your personal data is Art. 6 para. 1 p. 1 lit. c GDPR (fulfillment of a legal obligation).
b) In connection with the platform and the services offered on the platform, we may use external service providers who process personal data from you on our behalf and according to our instructions (Art. 28 GDPR; commissioned processing), e.g. IT service providers.
c) We may also share any data relating to your loan request or loan agreement with your financial advisor or make it available to your financial advisor (if your loan request was brought to us via your financial advisor) so that your financial advisor can provide you with optimal advice on the relevant loan topics relating to the platform; this is done to fulfill a contract between you and us and/or to fulfill a contract between you and your financial advisor (Art. 6 para. 1 p. 1 lit. a DSGVO) or to fulfill the legitimate interests of the financial advisor (Art. 6 para. 1 p. 1 lit. f DSGVO; the legitimate interests arise from the aforementioned purpose). If your credit inquiry is submitted to us via your financial advisor, we will generally also receive personal data about you from your financial advisor in advance of or in connection with the credit inquiry.
4. Business partner
In addition, we may process personal data as part of our collaboration with contracted service providers or other business partners (collectively, the 'Business Partners'), such as financial advisors, who use or are connected to our Platform.
In the course of cooperation with our business partners or their contacts, we process, among others, the following categories of personal data (and share them, if necessary, with financing partners and the financier to the extent permitted by law, insofar as this is necessary for the respective processing purpose):
- Name, address, and other contact information of the business partner, such as title, address, telephone or fax number, and e-mail address;
- if applicable, information on the professional activity of the business partner;
- If applicable, permits (e.g. § 34c GewO)
- If applicable, bank details of the business partner
These aforementioned personal data are required for the establishment, implementation and processing of the contractual relationship with the respective business partner. The processing of this data is usually based on Art. 6 para. 1 p. 1 lit. b DSGVO (contract or pre-contractual measures). The processing of the aforementioned data may also be carried out on the basis of Art. 6 (1) sentence 1 lit. f DSGVO (legitimate interests) in connection with the transfer to financing partners and/or the financier, e.g. to ensure any regulatory requirements (e.g. auditing and documentation obligations) to which the financing partners are subject (the legitimate interest results from the aforementioned purpose).
In the context of initiating a business relationship, we may also process certain data of potential business partners (and transmit this to financing partners and/or the financier), especially to better assess whether the potential business partner is reputable and financially sound (e.g., creditworthiness data). For this purpose, we may also obtain information from Creditreform (Association of Creditreform Associations e.V.); see https://www.creditreform.de/creditreform-bonitaetspruefung-2). However, in general, these are usually non-personal company-related data. If, in individual cases, personal data are indeed involved, the respective data processing is carried out based on Art. 6(1)(b) GDPR (contractual or pre-contractual measures) or based on Art. 6(1)(f) GDPR (legitimate interests; the legitimate interest arises from the aforementioned purpose).
5. Duration of the retention of your personal data
6. Your rights
You have the right to request information from us about the personal data we have stored about you. Insofar as the legal requirements are met, you also have the right to demand that we correct, delete or restrict the processing of the relevant personal data, the right to object to the processing of your personal data by us and the right to receive the personal data relating to you from us in a structured, common and machine-readable format.
If you have given your consent to the use of personal data, you can revoke this consent at any time for the future.
If you believe that the processing of personal data concerning you by us violates applicable data protection law, you may lodge a complaint with the (competent) supervisory authority for data protection.
7. Contact; Data Protection Officer
You can contact us at the address mentioned in point 1. as well as via e-mail (email@example.com) and telephone (+49 89 7400 45840). You can also contact our data protection officer directly with any questions you may have regarding data protection. The contact details of our data protection officer are: DataCo GmbH, Dachauer Straße 65, 80335 Munich, phone: +49 89 7400 45840.
8. Data security
We maintain current technical measures to ensure data security, in particular to protect your personal data from risks during data transmissions and from third parties gaining knowledge. These are adapted to the current state of the art in each case.
9. Change of the data protection notice