Privacy Policy – Walby

drop2space GmbH (hereinafter referred to as “drop2space”, “we” or “us”) is the operator of the mobile (“App“) and the web application of Walby (hereinafter collectively referred to as “Walby“). We process your personal data in various ways in connection with the use of Walby. In this Privacy Policy, we inform you about how, to what extent and for what purposes we process your personal data in connection with the use of Walby and what rights you have against us regarding your personal data.

1. General information

1.1 Controller and Data Protection Officer

The controller for the processing of your personal data is drop2space GmbH (Grüner Weg 14, 50825 Cologne, Germany, email: walby@drop2space.com.

You can contact our Data Protection Officer via email at datenschutz@drop2space.com.

1.2 Concept of personal data

Personal data means any information relating to an identified or identifiable natural person. Hence, the term covers all information that we can link to you, even if this is not possible directly, but e.g. only via an identification number.

1.3 Deletion and data retention

We process your personal data only as long as we need them to achieve the purpose for which they were collected and there is no other legal or contractual necessity for longer storage. If the purpose of storage ceases to apply and there is no other aforementioned need for longer storage, the personal data will be deleted. For personal data which is relevant for the assertion of claims, the storage period is based on the statutory limitation periods, which can be up to thirty years according to §§ 195 ff. BGB, whereby the regular statutory limitation period is three years from the end of the year in which the respective claim arose and the claimant becomes aware of the facts giving rise to the claim. Duty to keep records and documentation, which result from the German Commercial Code (HGB) and the German Fiscal Code (AO), among other things, is up to ten years.

1.4 What are the consequences if I do not provide required personal data?

To be able to provide Walby’s functionality, we depend on you to provide those personal data that are required for the provision of Walby or that we are legally obligated to collect. Without the provision of this personal data, we must refuse to conclude a contract or cannot continue to fulfill an existing contract. We may then have to terminate the contract with you.

1.5 From whom do we receive your personal data?

We mainly process personal data that you provided to us using Walby. However, as Walby is an interactive platform, it may be possible that we also receive personal data of you from other Walby users.

2. Information on our specific processing activities

2.1 Personal data processed during the App download

The App is available via platforms operated by third parties, so-called app stores (e.g. Apple App Store or Google Play Store). Your download requires prior registration with the respective app store and the installation of the respective app store software. We have no control over the collection and processing of your personal data in this context, which is carried out exclusively by the app store you have selected. Accordingly, we are not responsible for such collection and processing; the controller is solely the app store.

2.2 Personal data processed during Walby usage

We are controller for the processing activities during your use of Walby as follows:

2.2.1 Types of data

When you use Walby, we process the following types of personal data.

Registration data: To use Walby, you must register and open a user account. You need to provide personal information such as user name, email address, and password.
Login data: To use Walby, you must log in with your user account. As part of the login, we process your authentication data such as user name and password.
Content data: We process content data you generate during your use of Walby. Content data may be your written comments or your uploaded photos and videos.
Contact data: If you contact us using Walby, we process your contact details you provide us with, such as e-mail address and user name.
Location data: We process your location data (in particular your GPS based location) if you use functions that require access to your location data.
Usage data: When you use Walby, we process data about how you use Walby, such as the frequency of interaction with individual images. You can find details under our cookie notice.
Server log data: When you use Walby, we process the following data, among others: IP address, device ID, device type, device-specific settings and App/browser settings as well as App/browser properties, the date and time of the retrieval, time zone, the amount of data transferred and the message whether the data exchange was complete, crash of the App/browser, and operating system.

2.2.2 For what purpose, on what legal basis and for how long do we process your personal data?

Your user account: When you register and access a user account, we process your registration data and login data to set up and manage your user account and to control legitimate access to Walby. The legal basis for the processing is the existing user relationship with you (Art. 6 (1) lit. b General Data Protection Regulation (“GDPR“)), for the implementation of which the processing of the registration and login data is necessary. Your data will be deleted immediately after deletion of the account.
Walby deployment: The processing of log data is necessary to provide Walby and to provide the services for technical reasons and to maintain system security. The legal basis is the fulfillment of the user contract concluded with you (Art. 6 (1) lit. b GDPR). The log data is deleted no later than 30 days after the end of use and then evaluated anonymously for statistical purposes and to improve the quality of our App.
Location-based functions: Walby is essentially based on displaying points of interest (“Drops“) in your immediate vicinity. If you want to use this function, we process your location data to display points of interest based on your location and other settings. The legal basis for the processing of your location data is your consent (Art. 6 (1) lit. a GDPR and Sec. 25 (1) German Telecommunications-Telemedia Data Protection Act (“TTDSG“)). Your data will be deleted immediately after processing. In some cases, the access to data stored on your mobile device described above requires your explicit granting of access authorization according to the specifications of the operator of the respective operating system. If you are using the mobile version of Walby for the first time, we therefore ask you to grant this access authorization with regard to the following aspects:
Access to the location of your mobile device in the background: The GPS data of your current location is required to load Point of Interests at your position.

Access to data on the movement of your mobile device The movement data is used to adjust the orientation of the map to its viewing direction.
Drops: If you create Drops, interact with Drops, share Drops and/or delete Drops, we process your content data, usage data and location data. The legal basis for the processing is the existing user relationship with you (Art. 6 (1) lit. b GDPR. Your data will be deleted immediately after deletion of the Drop, the Drop owners account or if you actively delete the content. In the case you shared Drops with other social media platforms, we can only delete the content that is on Walby. We have no influence on the deletion procedures on other social media platforms.

Your Walby Profile: If you use Walby, we process in accordance with your user profile settings your content data, location data and contact data to operate a Walby profile for you. Your Walby profile allows other users to find and interact with you (e.g. via a function to “follow” a certain user). The legal basis for the processing is the existing user relationship with you (Art. 6 (1) lit. b GDPR). Your data will be deleted immediately after deletion of the account.
Push notifications: Based on your explicit consent, the App uses push services through which we can send you push notifications. These are short messages that are displayed on the screen of your device. They allow us to actively send you relevant information, for example, about new Drops or comments you received. The legal basis for the processing is your consent (Art. 6 (1) lit. a GDPR). You can withdraw your consent to receive push notifications at any time in the App settings under the menu item “profile settings”. In addition, you can revoke the App’s authorization to send you push notifications via the operating system of your mobile device.

Reporting: If you report a user / content using the reporting function, we process your contact data and log data related to the report (e.g. time). Our legal basis for the processing is our legal obligation to provide a reporting function, Art. 6 (1) lit. c GDPR and our legitimate interest according to Art. 6 (1) lit. f GDPR to provide a reporting function to assess, whether content violates our terms of use. Your data will be deleted if the reported issue has been finally resolved and there are no further legitimate interests for storage or no further legal obligations for storage.
Processing of general requests: If you contact us via a contact form provided within Walby, we process the information you provide us with as well as your login data in order to be able to assign the request to your user account. For abuse prevention, we also process your log data when using a contact form, in particular IP address and date/time of the request. The legal basis for the processing is our legitimate interest according to Art. 6 (1) lit. f GDPR to answer your request. Your data will be deleted immediately after completion of your request.

3. Who do we share your data with?

3.1 In the context of providing Walby, we sometimes use service providers in compliance with the legal requirements by way of processor relationships, i.e. on the basis of a contract, according to our instructions and under our control. In such cases, we entered into processing relationships in particular with technical service providers we use to provide the App, e.g. service providers for the cartographic services, software maintenance, app programming, data center operation and hosting. You can access a list of our data processors underwalbyapp.com/datenverarbeitung.

3.2 In some cases, we also transfer your data to third parties, i.e. partners with whom we cooperate outside of processor relationships. Such partners provide their services as data controllers; the processing of your personal data by such third parties is governed solely by their respective privacy policies.

4. Cookies

We use cookies and similar technologies for the provision of our services in connection with Walby, which are necessary to provide the service, add functionality to the services or analyze your user behavior. Details of the types of cookies we use and their legal basis can be found in our cookie policy, which you can access at https://www.walbyapp.com/cookies in the menu in Walby.

5. Do we transmit your data to third countries?

The above-mentioned processors or controllers may also include entities abroad. If these are entities in countries outside the European Economic Area that are not covered by an adequacy decision of the EU Commission, we will ensure the protection of your personal data and the enforceability of your rights by means of appropriate safeguards (e.g. by means of standard data protection clauses issued or approved by the EU Commission). Please contact us under walby@drop2space.com if you would like to receive more information or a copy of the safeguards.

6. Links

We and our users can use links to other internet presences of ours and on websites and services of third parties, e.g. on social media channels such as Facebook, Twitter or YouTube. The data processing of such other service providers on their websites is the sole responsibility of these third parties and their privacy policies apply.

7. Your rights

Every natural person whose personal data we process is generally entitled (i.e. depending on the respective conditions) to the following rights vis-à-vis us:

You have the right to obtain confirmation from us as to whether personal data concerning you are being processed; if this is the case, you have the right of access to those personal data and to the information specified in Art. 15 GDPR.
You have the right to obtain from us the rectification without undue delay of inaccurate personal data concerning you and, where applicable, the completion of incomplete personal data (Art. 16 GDPR).
You have the right to request us to erase your personal data without undue delay, provided that one of the reasons listed in detail in Art. 17 GDPR applies, e.g. if the data is no longer needed for the purposes for which they are collected (right to erasure).
You have the right to request us to restrict processing if one of the conditions listed in Art. 18 GDPR applies, e.g. in case you have objected to the processing, for the duration of our review.
You have the right to receive the personal data concerning yourself, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to haven the data transmitted to another controller, where:
the processing is based on consent pursuant to point (a) of Art. 6 (1) or point (a) of Art. 9 (2) GDPR or on a contract pursuant to point (b) of Art. 6 (1) GDPR; and
the processing is carried out by automated means. In exercising your right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

You may have the right to object at any time, on grounds relating to your particular situation, to the processing of your personal data we conduct on the basis of Art. 6 (1) lit. f GDPR. We may then no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing which outweigh your rights and freedoms, or in case we need your personal data for the establishment, exercise or defence of legal claims (Art. 21 GDPR).
You have the right to object at any time to processing of your personal data for direct marketing purposes which includes profiling to the extent that it is related to such direct marketing. If you object hereto, your personal data will no longer be processed for these purposes.
If we process your personal data based on your consent, you can withdrawal this at any time with effect for the future, i.e. the lawfulness of the data processing up to the time of your withdrawal remains unaffected. After withdrawal of consent, you may no longer be able to use our services.
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority if you consider the processing of your personal data to infringe the GDPR (Art. 77 GDPR). You may exercise this right before a supervisory authority in the Member State of your residence, place of work or the place of the alleged infringement.

The authority responsible for us is the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia,

Kavalleriestr. 2-4, 40213 Düsseldorf,

Telephone: 0211/38424-0,

Fax: 0211/38424-999,

E-mail: poststelle@ldi.nrw.de.

8. Data Security

We protect your personal data through technical and organizational security measures to minimize risks associated with its loss, misuse, unauthorized access, disclosure and alteration.

To this end, we use, for example, firewalls and data encryption, as well as physical access restrictions for our data centres and authorization controls for data access.

Our employees and our contracted service providers are of course committed to confidentiality.

9. Automated decision making (including profiling)

We do not process any personal data for automated decision making (including profiling).

10. Changes to this privacy policy

From time to time, it is necessary to adapt the content of this privacy policy. We therefore reserve the right to amend it at any time. We will also publish the amended version of the data protection notice here. When you visit us again, you should therefore read this privacy policy again.

Date: June 2023

Privacy Policy for Walby Website

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

2. Hosting

We are hosting the content of our website at the following provider:

Amazon Web Services (AWS)

The provider is the Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, 1855 Luxembourg (hereinafter referred to as “AWS”).

When you visit our website, your personal data will be processed on AWS servers. This may also result in the transfer of personal data to the parent company of AWS in the United States. The transfer of data to the US is based on the EU’s standard contractual clauses. For details please consult:

https://aws.amazon.com/de/blogs/security/aws-gdpr-data-processing-addendum/.

For more information, please see the AWS Data Privacy Policy:

https://aws.amazon.com/de/privacy/?nc1=f_pr.

AWS is used on the basis of Art. 6(1)(f) GDPR. We have a legitimate interest in a depiction of our website that is as reliable as possible. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link:
https://www.dataprivacyframework.gov/participant/5776.

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

drop2space GmbH

Grüner Weg 14

50825 Köln

Phone: 0221 34662091
E-mail: walby@drop2space.com

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TDDDG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Designation of a data protection officer

We have appointed a data protection officer.

Datenschutz + Informationssicherheit Meschke Ralf Meschke
Am Haarberg 27
52080 Aachen

Phone: 0241 4120 2406
E-mail: info@datenschutz-aachen.de

Recipients of personal data

In the scope of our business activities, we cooperate with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is required as part of the fulfillment of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Art. 6 (1)(f) GDPR, or if another legal basis permits the disclosure of this data. When using processors, we only disclose personal data of our customers on the basis of a valid contract on data processing. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data at any time. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data instead of demanding the eradication of this data.
If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to
protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in our Site Notice to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small data packages that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

Cookies can be issued by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies into websites (e.g., cookies for handling payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of these cookies (e.g., the shopping cart function or the display of videos). Other cookies may be used to analyze user behavior or for promotional purposes.

Cookies, which are required for the performance of electronic communication transactions, for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error-free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, the processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TDDDG); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete-function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited. Which cookies and services are used on this website can be found in this privacy policy.

Consent with ConsentManager

Our website uses the ConsentManager consent technology to obtain your consent to the storage of certain cookies on your device or for the use of certain technologies and data protection legislation compliant documentation of the former. The party offering this technology is Jaohawi AB, Håltegelvägen 1b, 72348 Västerås, Sweden, website:

https://www.consentmanager.de (hereinafter referred to as “ConsentManager”).
Whenever you visit our website, a connection to ConsentManager’s servers will be established to obtain your consent and other declarations regarding the use of cookies.

Moreover, ConsentManager shall store a cookie in your browser to be able to allocate your declaration(s) of consent or any revocations of the former. The data that are recorded in this manner shall be stored until you ask us to eradicate them, delete the ConsentManager cookie or until the purpose for archiving the data no longer exists. This shall be without prejudice to any mandatory legal retention periods.

ConsentManager uses cookies to obtain the declarations of consent mandated by law. The legal basis for the use of such cookies is Art. 6(1)(c) GDPR.

Data processing

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained; the consent can be revoked at any time.

5. Social media

Instagram

We have integrated functions of the public media platform Instagram into this website. These functions are being offered by Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland.

If the social media element has been activated, a direct connection between your device and Instagram’s server will be established. As a result, Instagram will receive information on your visit to this website.

If you are logged into your Instagram account, you may click the Instagram button to link contents from this website to your Instagram profile. This enables Instagram to allocate your visit to this website to your user account. We have to point out that we as the provider of the website and its pages do not have any knowledge of the content of the data transferred and its use by Instagram.

The use of this service is based on your consent in accordance with Art. 6 (1)(a) GDPR and § 25 (1) TDDDG. Consent can be revoked at any time.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook or Instagram, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook or Instagram. The processing by Facebook or Instagram that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The wording of the agreement can be found under:

https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Facebook or Instagram tool and for the privacy-secure implementation of the tool on our website. Facebook is responsible for the data security of Facebook or Instagram products. You can assert data subject rights (e.g., requests for information) regarding data processed by Facebook or Instagram directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:https://www.facebook.com/legal/EU_data_transfer_addendum, https://privacycenter.instagram.com/policy/ and https://de-de.facebook.com/help/566994660333381.

For more information on this subject, please consult Instagram’s Data Privacy Declaration at: https://privacycenter.instagram.com/policy/.

This website uses elements of the LinkedIn network. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

Any time you access a page of this website that contains elements of LinkedIn, a connection to LinkedIn’s servers is established. LinkedIn is notified that you have visited this website with your IP address. If you click on LinkedIn’s “Recommend” button and are logged into your LinkedIn account at the time, LinkedIn will be in a position to allocate your visit to this website to your user account. We have to point out that we as the provider of the websites do not have any knowledge of the content of the transferred data and its use by LinkedIn.

The use of this service is based on your consent in accordance with Art. 6 (1)(a) GDPR and § 25 (1) TDDDG. Consent can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.linkedin.com/help/linkedin/answer/a1343190/datenubertragung-aus-der-eu-dem-ewr-und- der-schweiz?lang=de.

For further information on this subject, please consult LinkedIn’s Data Privacy Declaration at: https://www.linkedin.com/legal/privacy-policy.

6. Analysis tools and advertising

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. This data is summarized in a user-ID and assigned to the respective end device of the website visitor.

Furthermore, Google Analytics allows us to record your mouse and scroll movements and clicks, among other things. Google Analytics uses various modeling approaches to augment the collected data sets and uses machine learning technologies in data analysis.

Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g., cookies or device fingerprinting). The website use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.

The use of these services occurs on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TDDDG. You may revoke your consent at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

IP anonymization

Google Analytics IP anonymization is active. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyze your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

Browser plug-in

You can prevent the recording and processing of your data by Google by downloading and installing the browser plugin available under the following link:
https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at:
https://support.google.com/analytics/answer/6004245?hl=en.

Contract data processing

We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.

Meta Pixel (formerly Facebook Pixel)

To measure conversion rates, this website uses the visitor activity pixel of Facebook/Meta. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook’s statement the collected data will be transferred to the USA and other third-party countries too.

This tool allows the tracking of page visitors after they have been linked to the website of the provider after clicking on a Facebook ad. This makes it possible to analyze the effectiveness of Facebook ads for statistical and market research purposes and to optimize future advertising campaigns.

For us as the operators of this website, the collected data is anonymous. We are not in a position to arrive at any conclusions as to the identity of users. However, Facebook archives the information and processes it, so that it is possible to make a connection to the respective user profile and Facebook is in a position to use the data for its own promotional purposes in compliance with the Facebook Data Usage Policy (https://www.facebook.com/about/privacy/). This enables Facebook to display ads on Facebook pages as well as in locations outside of Facebook. We as the operator of this website have no control over the use of such data.

The use of these services occurs on the basis of your consent pursuant to Art. 6(1)(a) GDPR and § 25(1) TDDDG. You may revoke your consent at any time.

Within the meta pixel, we are using the expanded alignment function.

The expanded alignment allows us to transfer to Meta (Facebook) different types of data (e.g., place of residence, federal state, zip code, hashed email addresses, names, gender, date of birth or phone number) of our customers and prospects we collect through our website. As a result of this activation, we can tailor the offers presented in our advertising campaigns on Facebook to individuals interested in what we offer even more precisely. Moreover, this expanded alignment optimizes the allocation of website conversions and expands custom audiences.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The wording of the agreement can be found under: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Facebook tool and for the privacy-secure implementation of the tool on our website. Facebook is responsible for the data security of Facebook products. You can assert data subject rights (e.g., requests for information) regarding data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.

In Facebook’s Data Privacy Policies, you will find additional information about the protection of your privacy at:
https://www.facebook.com/about/privacy/.

You also have the option to deactivate the remarketing function “Custom Audiences” in the ad settings section under
https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, you first have to log into Facebook.

If you do not have a Facebook account, you can deactivate any user-based advertising by Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

7. Newsletter

Newsletter data

If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the e-mail address provided and that you agree to receive the newsletter. Further data is not collected or only on a voluntary basis. For the handling of the newsletter, we use newsletter service providers, which are described below.

Brevo

This website uses Brevo for the sending of newsletters. The provider is the Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany.

Brevo services can, among other things, be used to organize and analyze the sending of newsletters. The data you enter for the purpose of subscribing to the newsletter are archived on servers of Sendinblue GmbH in Germany.

Data analysis by Brevo

Brevo enables us to analyze our newsletter campaigns. For instance, it allows us to see whether a newsletter message has been opened and, if so, which links may have been clicked. This enables us to determine, which links drew an extraordinary number of clicks.

Moreover, we are also able to see whether once the e-mail was opened or a link was clicked, any previously defined actions were taken (conversion rate). This allows us to determine whether you have made a purchase after clicking on the newsletter.

Brevo also enables us to divide the subscribers to our newsletter into various categories (i.e., to “cluster” recipients). For instance, newsletter recipients can be categorized based on age, gender, or place of residence. This enables us to tailor our newsletter more effectively to the needs of the respective target groups.

If you do not want to permit an analysis by Brevo, you must unsubscribe from the newsletter. We provide a link for you to do this in every newsletter message. Moreover, you can also unsubscribe from the newsletter right on the website.

For detailed information on the functions of Brevo please follow this link: https://www.brevo.com/de/newsletter-software/.

Legal basis

The data is processed based on your consent (Art. 6(1)(a) GDPR). You may revoke any consent you have given at any time by unsubscribing from the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place prior to your revocation.

Storage period

The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data stored for other purposes with us remain unaffected.

After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist, if such action is necessary to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6(1)(f) GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.

For more details, please consult the Data Protection Regulations of Brevo at: https://www.brevo.com/de/datenschutz-uebersicht/ and https://www.brevo.com/de/legal/privacypolicy/.

Data processing

8. Plug-ins and Tools

YouTube with expanded data protection integration

This website integrates videos from the YouTube website. The operator of the website is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

When you visit one of these websites on which YouTube is integrated, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

We use YouTube in extended data protection mode. According to YouTube, videos that are played in extended data protection mode are not used to personalize browsing on YouTube. Ads that are played in extended data protection mode are also not personalized. No cookies are set in extended data protection mode. Instead, so-called local storage elements are stored in the user’s browser, which contain personal data similar to cookies and can be used for recognition. Details on the extended data protection mode can be found here: https://support.google.com/youtube/answer/171780.
After activating a YouTube video, further data processing operations may be triggered over which we have no influence.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6(1)(f) GDPR, this is a legitimate interest. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under:
https://policies.google.com/privacy?hl=en.

Google Fonts

To ensure that fonts used on this website are uniform, this website uses so-called Google Fonts provided by Google. When you access a page on our website, your browser will load the required fonts into your browser cache to correctly display text and fonts.

To do this, the browser you use will have to establish a connection with Google’s servers. As a result, Google will learn that your IP address was used to access this website. The use of Google Fonts is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in a uniform presentation of the font on the operator’s website. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

If your browser should not support Google Fonts, a standard font installed on your computer will be used.

For more information on Google Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

Spotify

We have integrated features of the Spotify music platform into this website. The provider is Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm, Sweden. You will be able to recognize Spotify plug-ins when you see the green logo on this website. An overview of Spotify’s plug-ins can be found at: https://developer.spotify.com.

The plug-in makes it possible to establish a direct connection between your browser and Spotify’s server when you visit this website. As a result, Spotify receives the information that you visited this website with your IP address. If you click the Spotify button while you are logged into your Spotify account, you have the option to link content from this website with your Spotify profile. Consequently, Spotify will be in a position to allocate your visit to this website to your user account.

We would like to point out that when using Spotify, cookies are used by Google Analytics so that your usage data can also be passed on to Google when using Spotify. Google Analytics is a tool of the Google Group for the analysis of user behavior with headquarters in the USA. Spotify alone is responsible for this integration. We as website operators have no influence on this processing.

Data are stored and analyzed on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the attractive acoustic presentation of the website. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

For more information, please consult Spotify’s Data Protection Declaration under: https://www.spotify.com/us/legal/privacy-policy/.

If you do not want Spotify to be able to allocate the visit of this website to your Spotify user account, please log out of your Spotify user account while visiting our sites.

9. Online-based Audio and Video Conferences (Conference tools)

Data processing

We use online conference tools, among other things, for communication with our customers. The tools we use are listed in detail below. If you communicate with us by video or audio conference using the Internet, your personal data will be collected and processed by the provider of the respective conference tool and by

us. The conferencing tools collect all information that you provide/access to use the tools (email address and/or your phone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “context information” related to the communication process (metadata).

Furthermore, the provider of the tool processes all the technical data required for the processing of the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

Should content be exchanged, uploaded, or otherwise made available within the tool, it is also stored on the servers of the tool provider. Such content includes, but is not limited to, cloud recordings, chat/ instant messages, voicemail uploaded photos and videos, files, whiteboards, and other information shared while using the service.

Please note that we do not have complete influence on the data processing procedures of the tools used. Our possibilities are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of the tools used, and which we have listed below this text.

Purpose and legal bases

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6(1)(b) GDPR). Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest in the meaning of Art. 6(1)(f) GDPR). Insofar as consent has been requested, the tools in question will be used on the basis of this consent; the consent may be revoked at any time with effect from that date.

Duration of storage

Data collected directly by us via the video and conference tools will be deleted from our systems immediately after you request us to delete it, revoke your consent to storage, or the reason for storing the data no longer applies. Stored cookies remain on your end device until you delete them. Mandatory legal retention periods remain unaffected.

We have no influence on the duration of storage of your data that is stored by the operators of the conference tools for their own purposes. For details, please directly contact the operators of the conference tools.

Conference tools used

We employ the following conference tools:

Microsoft Teams

We use Microsoft Teams. The provider is the Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. For details on data processing, please refer to the Microsoft Teams privacy policy:
https://privacy.microsoft.com/en-us/privacystatement.

The company is certified in accordance with the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the US, which is intended to ensure compliance with European data protection standards for data processing in the US. Every company certified under the DPF is obliged to comply with these data protection standards. For more information, please contact the provider under the following link: https://www.dataprivacyframework.gov/participant/5780.

Data processing

10. Custom Services

Handling applicant data

We offer website visitors the opportunity to submit job applications to us (e.g., via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing, and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.

Scope and purpose of the collection of data

If you submit a job application to us, we will process any affiliated personal data (e.g., contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. The legal grounds for the aforementioned are § 26 BDSG according to German Law (Negotiation of an Employment Relationship), Art. 6(1)(b) GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6(1)(a) GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.

If your job application should result in your recruitment, the data you have submitted will be archived on the grounds of § 26 BDSG and Art. 6(1)(b) GDPR for the purpose of implementing the employment relationship in our data processing system.

Data Archiving Period

If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6(1)(f) GDPR) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g., due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.

Longer storage may also take place if you have given your agreement (Article 6(1)(a) GDPR) or if statutory data retention requirements preclude the deletion.