Privacy policy

Preamble

With the following data protection declaration, we would like to inform you about the types of your personal data (hereinafter also referred to as “data”) that we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as the “Online Offer”).

The terms used are not gender specific.

Status: September 7, 2023

Table of contents

• Preamble
• Responsible
• Processing overview
• Relevant legal bases
• Security measures
• Transmission of personal data
• International data transfers
• Data deletion
• Rights of the data subjects
• Cookies use
• Provision of the online offer and web hosting
• Registration, login and user account
• Contact and request management
• Chatbots and chat functions
• Affiliate program offer
• Modification and update of the privacy policy
• Definitions

Relevant legal bases

Applicable legal bases: The following is an overview of the legal bases on which we process personal data. Please note that in addition to national data protection laws, data protection laws may apply in your or our country of residence or domicile. If, in addition, more specific legal bases are relevant in individual cases, we will inform you of these in the data protection declaration.

• Consent – The data subject has given his/her consent to the processing of personal data concerning him/her for a specific purpose or purposes.
• Contract performance and pre-contractual inquiries – The processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject’s request.
• Legitimate interests – Processing is necessary for the purposes of the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.

Processing overview

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

• Inventory data.
• Contact details.
• Content data.
• Contract data.
• Usage data.
• Meta, communication and procedural data.

Categories of affected persons

• Communication partner.
• Users.
• Business and Contractual Partners.

Processing purposes

• Provision of contractual services and fulfillment of contractual obligations.
• Contact requests and communication.
• Safety measures.
• Direct marketing.
• Affiliate tracking.
• Managing and responding to inquiries.
• Feedback.
• Provision of our online offer and user-friendliness.
• Information Technology Infrastructure.

Security measures

We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data, as well as access to, entry into, disclosure of, assurance of availability of and segregation of the data. Furthermore, we have established procedures to ensure the exercise of data subject rights, the deletion of data, and responses to data compromise. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

TLS encryption (https): To protect your data transmitted via our online offer, we use TLS encryption. You can recognize such encrypted connections by the prefix https:// in the address bar of your browser.

Transmission of personal data

In the course of our processing of personal data, the data may be transferred to or disclosed to other entities, companies, legally independent organizational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.

International data transfers

Data processing in third countries: If we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, entities or companies, this is only done in accordance with the legal requirements. If the level of data protection in the third country has been recognized by means of an adequacy decision, this serves as the basis for the data transfer. Otherwise, data transfers will only take place if the level of data protection is otherwise ensured, in particular through standard contractual clauses, explicit consent or in the case of contractual or legally required transfers. For the rest, we will inform you about the bases of the third country transfer in the case of the individual providers from the third country, whereby the appropriateness decisions are considered to have priority as bases. Information on third-country transfers and existing adequacy decisions can be found in the EU Commission’s information service: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de.

EU-US Trans-Atlantic Data Privacy Framework: Under the so-called “Data Privacy Framework” (DPF), the EU Commission has also recognized the level of data protection for certain companies from the U.S. as secure under the adequacy decision of 10.07.2023. The list of certified companies as well as further information on the DPF can be found on the website of the U.S. Department of Commerce at https://www.dataprivacyframework.gov/. We will inform you in the privacy notice which service providers we use are certified under the Data Privacy Framework.

Data deletion

The data processed by us will be deleted in accordance with the legal requirements as soon as their consents permitted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply or it is not required for the purpose). If the data are not deleted because they are required for other and legally permissible purposes, their processing will be limited to these purposes. I.e., the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural person or legal entity. Our privacy notices may also contain further information on the retention and deletion of data, which will take precedence for the respective processing operations.

Rights of the data subjects

Rights of data subjects: As a data subject, you have various rights that arise:

• Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you; this also applies to profiling based on these provisions. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
• Right of revocation for consents: You have the right to revoke any consent you have given at any time.
• Right of access: You have the right to request confirmation as to whether data in question is being processed and to obtain information about this data, as well as further information and a copy of the data in accordance with the legal requirements.
• Right to rectification: In accordance with the law, you have the right to request that data concerning you be completed or that inaccurate data concerning you be rectified.
• Right to erasure and restriction of processing: You have the right, in accordance with the law, to request that data relating to you be erased immediately or, alternatively, to request restriction of the processing of the data in accordance with the law.
• Right to data portability: You have the right to receive data relating to you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements, or to request that it be transferred to another controller.
• Complaint to supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you is in breach of specifications.

Cookies use

Cookies are small text files, or other memory tags, that store information on end devices and read information from the end devices. For example, to store the login status in a user account, a shopping cart content in an e-shop, the content accessed or functions used of an online offer. Cookies can further be used for various purposes, e.g. for the purposes of functionality, security and comfort of online offers as well as the creation of analyses of visitor flows.

Notes on consent:We use cookies in accordance with the law. Therefore, we obtain prior consent from users except where it is not required by law. In particular, consent is not required if the storage and reading of the information, i.e. including cookies, are absolutely necessary in order to provide the user with a telemedia service expressly requested by the user (i.e. our online offering). Cookies that are strictly necessary usually include cookies with functions related to the display and operability of the online offer , load balancing, security, storage of users’ preferences and choices or similar purposes related to the provision of the main and secondary functions of the online offer requested by users. The revocable consent is clearly communicated to the users and contains the information about the respective cookie usage.

Notes on legal bases under data protection law:The legal basis under data protection law on which we process users’ personal data using cookies depends on whether we ask users for consent. If the users consent, the legal basis of the processing of your data is the declared consent. Otherwise, the data processed with the help of cookies is processed on the basis of our legitimate interests (e.g. in the business management of our online offer and improvement of its usability) or, if this is done in the context of the fulfillment of our contractual obligations, if the use of cookies is necessary to fulfill our contractual obligations. We explain the purposes for which we process cookies in the course of this privacy policy or as part of our consent and processing procedures.

Storage duration:In terms of storage duration, the following types of cookies are distinguished:

• Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his end device (e.g. browser or mobile app).
• Permanent cookies: Permanent cookies remain stored even after the terminal device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, user data collected with the help of cookies can be used for reach measurement. Unless we provide users with explicit information about the type and storage duration of cookies (e.g., as part of obtaining consent), users should assume that cookies are permanent and that the storage period can be up to two years.

General information on revocation and objection (so-called “opt-out”):Users can revoke the consent they have given at any time and object to processing in accordance with the legal requirements. For this purpose, users can, among other things, restrict the use of cookies in the settings of their browser (whereby this may also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.

Further guidance on processing operations, procedures and services:

• Processing of cookie data on the basis of consent: We use a cookie consent management procedure, under which the consent of users to the use of cookies, or the processing and providers mentioned in the cookie consent management procedure can be obtained and managed and revoked by users. The declaration of consent is stored so that it does not have to be repeated and the consent can be proven in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie, or with the help of comparable technologies), in order to be able to assign the consent to a user or their device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. Here, a pseudonymous user identifier is formed and stored with the time of consent, information on the scope of consent (e.g., which categories of cookies and/or service providers), as well as the browser, system, and end device used;

Provision of the online offer and web hosting

We process users’ data in order to provide them with our online services. For this purpose, we process the user’s IP address, which is necessary to transmit the content and functions of our online services to the user’s browser or terminal device.

• Types of data processed: Usage data (e.g. web pages visited, interest in content, access times). Meta, communication, and procedural data (e.g., IP addresses, timestamps, identification numbers, consent status).
• Data subjects: Users (e.g., website visitors, users of online services).
• Purposes of processing: provision of our online offer and user-friendliness; information technology infrastructure (operation and provision of information systems and technical equipment (computers, servers, etc.).). Security measures.
• Legal basis: Legitimate interests

Further guidance on processing operations, procedures and services:

• Provision of online offer on rented storage space: For the provision of our online offer, we use storage space, computing capacity and software that we rent or otherwise obtain from a corresponding server provider (also referred to as “web hoster”); legal basis: Legitimate Interests
• Collection of access data and log files: Access to our online offer is logged in the form of so-called “server log files”. The server log files may include the address and name of the web pages and files accessed, the date and time of access, the volume of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. Die Serverlogfiles können zum einen zu Zwecken der Sicherheit eingesetzt werden, z.B., um eine Überlastung der Server zu vermeiden (insbesondere im Fall von missbräuchlichen Angriffen, sogenannten DDoS-Attacken) und zum anderen, um die Auslastung der Server und ihre Stabilität sicherzustellen; Rechtsgrundlagen: Berechtigte Interessen.Löschung von Daten: Logfile-Informationen werden für die Dauer von maximal 30 Tagen gespeichert und danach gelöscht oder anonymisiert. Data whose further retention is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.

Registration, login and user account

Users can create a user account. In the course of registration, users are provided with the required mandatory data and processed for the purpose of providing the user account on the basis of contractual obligation fulfillment. The processed data includes in particular the login information (username, password as well as an e-mail address).

Within the scope of using our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorized use. As a matter of principle, this data will not be passed on to third parties unless it is necessary for the prosecution of our claims or there is a legal obligation to do so.

Users may be informed by e-mail about events relevant to their user account, such as technical changes.

• Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms). Meta, communication, and procedural data (e.g., IP addresses, timestamps, identification numbers, consent status).
• Data subjects: Users (e.g., website visitors, users of online services).
• Purposes of processing: provision of contractual services and fulfillment of contractual obligations; security measures; management and response to requests. Provision of our online offer and user-friendliness.
• Legal basis: contract performance and pre-contractual inquiries. Legitimate Interests.

Further guidance on processing operations, procedures and services:

• Registration with pseudonyms: Users may use pseudonyms as user names instead of clear names; legal basis: fulfillment of contract and pre-contractual inquiries.
• Users’ profiles are not public: Users’ profiles are not publicly visible and not accessible.
• Deletion of data after termination: If users have terminated their user account, their data with regard to the user account will be deleted, subject to any legal permission, obligation or consent of the users; legal bases: contract performance and pre-contractual requests.
• No obligation to retain data: It is incumbent on users to back up their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all of the user’s data stored during the term of the contract; legal basis: fulfillment of the contract and pre-contractual inquiries.

Contact and request management

When contacting us (e.g. by mail, contact form, e-mail, telephone or via social media) as well as in the context of existing user and business relationships, the information of the inquiring persons is processed to the extent necessary to respond to the contact requests and any requested measures.

• Types of data processed: contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times). Meta, communication, and procedural data (e.g., IP addresses, timestamps, identification numbers, consent status).
• Affected persons: Communication partners.
• Purposes of processing: contact requests and communication; managing and responding to requests; feedback (e.g. collecting feedback via online form). Provision of our online offer and user-friendliness.
• Legal basis: Legitimate interests. Contract performance and pre-contractual inquiries.

Further guidance on processing operations, procedures and services:

• Contact form: If users contact us via our contact form, e-mail or other communication channels, we process the data communicated to us in this context for the purpose of processing the communicated request; Legal basis: Contract performance and pre-contractual inquiries, Legitimate interests.
• HubSpot: Kundenmanagement sowie Prozess- und Vertriebsunterstützung mit personalisierter Kundenbetreuung mit Multi-Channel-Kommunikation, d.h. Management von Kundenanfragen aus verschiedenen Kanälen sowie mit Analyse- und Feedbackfunktionen; Dienstanbieter: HubSpot, Inc., 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Rechtsgrundlagen: Vertragserfüllung und vorvertragliche Anfragen, Berechtigte Interesse);Website: https://www.hubspot.de; Datenschutzerklärung: https://legal.hubspot.com/de/privacy-policy; Auftragsverarbeitungsvertrag: https://legal.hubspot.com/dpa. Grundlage Drittlandübermittlung: EU-US Data Privacy Framework (DPF), Standardvertragsklauseln (https://legal.hubspot.com/dpa).

Chatbots and chat functions

We offer online chats and chatbot features (collectively, “Chat Services”) as a communication option. A chat is an online conversation conducted with a certain degree of timeliness. A chatbot is a software that answers users’ questions or informs them about messages. When you use our chat features, we may process your personal data.

If you use our chat services within an online platform, your identification number will also be stored within the respective platform. We may also collect information about which users interact with our chat services and when. Furthermore, we store the content of your conversations via the chat services and log registration and consent processes in order to be able to prove them in accordance with legal requirements.

We would like to point out to users that the respective platform provider may learn that and when users communicate with our chat services as well as collect technical information about the device used by the users and, depending on the settings of their device, also location information (so-called metadata) for the purpose of optimizing the respective services and for security purposes. Likewise, the metadata of communication via chat services (i.e., e.g., information about who communicated with whom) may be used by the respective platform providers in accordance with their terms and conditions, to which we refer for further information, for marketing purposes or to display advertising tailored to users.

If users agree to a chatbot to activate information with regular messages, they have the option to unsubscribe from the information at any time in the future. The chatbot instructs users how and with which terms they can unsubscribe from messages. Unsubscribing from chatbot messages deletes user data from the list of message recipients.

We use the foregoing information to operate our chat services, e.g., to personally address users, to respond to their inquiries, to deliver any requested content, and also to improve our chat services (e.g., to “teach” chatbots answers to frequently asked questions

• Types of data processed: contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, – Dieser Textbereich muss mit einer Premium Lizenz freischaltet werden. – premiumtext premiumtext premiumtext ). Meta, communication and procedural data (e. g. IP addresses, time data, identification numbers, – Dieser Textbereich muss mit einer Premium Lizenz freischaltet werden. – premiumtext premiumtext premiumtext ).
• Affected persons: Communication partners.
• Purposes of processing: contact requests and communication. Direct marketing (e.g. by e-mail or postal mail).
• Legal bases: consent; contract performance and pre-contractual inquiries. Legitimate Interests.

Further guidance on processing operations, procedures and services:

• HubSpot: chatbot and assistance software and related services; Service provider: HubSpot, Inc., 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Legal basis: Legitimate Interests;Website: https://www.hubspot.de; Privacy policy: https://legal.hubspot.com/de/privacy-policy; Order processing agreement: https://legal.hubspot.com/dpa. Basis third country transfer: EU-US Data Privacy Framework (DPF), Standard Contractual Clauses (https://legal.hubspot.com/dpa).

Affiliate program offer

We offer an affiliate program, i.e., commissions or other benefits (collectively, “Commission”) to users (referred to as “Affiliates”) who refer to our offers and services. The referral is made by means of a link or other methods (e.g., discount codes) associated with the particular affiliate that allow us to recognize that the use of our services was based on the referral (collectively, “Affiliate Links”).

In order to track whether users have taken advantage of our services as a result of affiliate links used by affiliates, it is necessary for us to know that users have followed an affiliate link. The assignment of the affiliate links to the respective business transactions or other use of our services is solely for the purpose of commission accounting and will be cancelled as soon as it is no longer necessary for the purpose.

For the purposes of the aforementioned assignment of the affiliate links, the affiliate links may be supplemented by certain values that are a component of the link or may be stored elsewhere, e.g. in a cookie. The values may include, in particular, the source website (referrer), the time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier-.

• Types of data processed: Contract data (e.g. subject matter of the contract, term, customer category
• Data subjects: Users (e.g. website visitors, business and contractual partners.
• Purposes of processing: provision of contractual services and fulfillment of contractual obligations. Affiliate tracking.
• Legal basis: Consent. Contract performance and pre-contractual inquiries.

Modification and update of the privacy policy

We ask you to regularly inform yourself about the content of our privacy policy. We will adapt the privacy policy as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this privacy statement, please note that the addresses may change over time and please check the information before contacting us.

Definitions

This section provides you with an overview of the terms used in this privacy statement. Insofar as the terms are defined by law, their legal definitions shall apply. The following explanations, on the other hand, are intended primarily to aid understanding.

• Affiliate tracking: Affiliate tracking logs links that the linking websites use to direct users to websites with product or other offers. The operators of the respective linking websites may receive a commission if users follow these so-called affiliate links and subsequently take advantage of the offers (e.g. buy goods or use services). For this purpose, it is necessary for the providers to be able to track whether users who are interested in certain offers subsequently take advantage of the affiliate links. Therefore, for affiliate links to work, they need to be supplemented with certain values that become a part of the link or are otherwise stored, for example, in a cookie. The values include, in particular, the source website (referrer), the time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user as well as tracking-specific values, such as, for example, ad media ID, affiliate ID and categorizations.
• Personenbezogene Daten: “Personenbezogene Daten“ sind alle Informationen, die sich auf eine identifizierte oder identifizierbare natürliche Person (im Folgenden “betroffene Person“) beziehen; als identifizierbar wird eine natürliche Person angesehen, die direkt oder indirekt, insbesondere mittels Zuordnung zu einer Kennung wie einem Namen, zu einer Kennnummer, zu Standortdaten, zu einer Online-Kennung (z.B. Cookie) oder zu einem oder mehreren besonderen Merkmalen identifiziert werden kann, die Ausdruck der physischen, physiologischen, genetischen, psychischen, wirtschaftlichen, kulturellen oder sozialen Identität dieser natürlichen Person sind.
• Controller: a “controller” is the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
• Processing: “Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is wide-ranging and encompasses practically every handling of data, be it collection, evaluation, storage, transmission or deletion.

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