Data Privacy
Protecting your privacy and data security is of utmost importance to us. Here, we outline how we collect, use, and safeguard your personal information. We are committed to transparency and ensuring your trust, so please take a moment to review our policies.
Preamble
With the following privacy policy, we would like to inform you which types of your personal data (from now on, also abbreviated as “data”) we process for which purposes and in which scope. The privacy statement applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (from now on collectively referred to as “online services”).
The terms used are not gender-specific.
Last update of this page: May 16th, 2024.
Controller
talessio GmbH
Alexanderstr. 52
72072 Tübingen
Germany
Email: [email protected]
Phone: +49.7071.53938.0
Legal Notice: Imprint
Contact information of the Data Protection Officer
Barth Datenschutz GmbH
Brunnengasse 3
73650 Winterbach
Email: [email protected]
Overview of processing operations
The following table summarises the types of data processed, the purposes for which they are processed, and the concerned data subjects.
Categories of Processed Data
- inventory data,
- employee data,
- payment data,
- contact data,
- content data,
- contract data,
- usage data,
- meta, communication and
- process data,
- images and/ or video recordings,
- audio recordings,
- log data,
- creditworthiness data.
Categories of Data Subjects
- service recipients and clients,
- employees,
- prospective customers,
- communication partner,
- users,
- business and contractual partners,
- clients,
- persons depicted,
- third parties,
- customers.
Purposes of Processing
- provision of contractual services and fulfilment of contractual obligations,
- communication,
- security measures,
- direct marketing,
- web analytics,
- office and organisational procedures,
- organisational and administrative procedures,
- content delivery network (CDN),
- feedback,
- marketing,
- profiles with user-related information,
- provision of our online services and usability,
- assessment of creditworthiness,
- establishment and execution of employment relationships,
- information technology infrastructure,
- financial and payment management,
- sales promotion,
- business processes and management procedures.
Relevant Legal Bases
In the following, we provide a transparent overview of the legal basis of the GDPR on which we base the processing of personal data. We want to assure you that in addition to the provisions of the GDPR, national data protection provisions of your or our country of residence or domicile may apply. If, in addition, more specific legal bases are applicable in individual cases, we will clearly inform you of these in the data protection declaration.
- Consent (Article 6 (1) (a) GDPR): The data subject has given consent to the processing of their personal data for one or more specific purposes.
- Performance of a contract and prior requests (Article 6 (1) (b) GDPR): Performance of a contract to which the data subject is party or to take steps at the request of the data subject before entering into a contract.
- Compliance with a legal obligation (Article 6 (1) (c) GDPR): Processing is necessary for compliance with a legal obligation to which the controller is subject.
- Legitimate Interests (Article 6 (1) (f) GDPR): The processing is necessary for the protection of the legitimate interests of the controller or a third party, provided that the interests, fundamental rights, and freedoms of the data subject, which require the protection of personal data, do not prevail.
- Healthcare, occupational and social security processing of special categories of personal data (Article 9 (2)(h) GDPR): Processing is necessary for preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services based on Union or Member State law or under contract with a health professional.
In addition to the data protection regulations of the GDPR, national regulations apply to data protection in Germany. This includes, in particular, the Law on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special provisions on the right to access, the right to erase, the right to object, the processing of special categories of personal data, processing for other purposes and transmission, and automated individual decision-making, including profiling. Furthermore, data protection laws of the individual federal states may apply.
If you are located in Switzerland, we process your data based on the Federal Act on Data Protection (referred to as “Swiss DPA”). Unlike the GDPR, for instance, the Swiss DPA does not generally require that a legal basis for processing personal data be stated and that the processing of personal data is conducted in good faith, lawfully and proportionately (Art. 6 para. 1 and 2 of the Swiss DPA). Furthermore, we only collect personal data for a specific purpose recognizable to the data subject and process it only in a manner compatible with this purpose (Art. 6 para. 3 of the Swiss DPA).
Regarding the applicability of the GDPR and the Swiss DPA, these privacy policies provide information pursuant to the Swiss Federal Act on Data Protection (FADP) and the General Data Protection Regulation (GDPR). For this reason, we ask you to note that due to the broader spatial application and comprehensibility, the terms used in the GDPR are applied. In particular, instead of the terms used in the Swiss FADP, such as “processing” of “personal data”, “predominant interest”, and “particularly sensitive personal data”, the terms used in the GDPR, namely “processing” of “personal data”, as well as “legitimate interest” and “special categories of data” are used. However, the legal meaning of these terms will continue to be determined according to the Swiss FADP within its scope of application.
Security Precautions
We take appropriate technical and organisational measures in accordance with the legal requirements, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data and access to input, transmission, securing and separation of the data. In addition, we have established procedures to ensure that data subjects’ rights are respected, that data is erased, and that we are prepared to respond to data threats rapidly. Furthermore, we consider the protection of personal data as early as the development or selection of hardware, software and service providers, in accordance with the principle of privacy by design and privacy by default.
If IP addresses are processed by us or by the service providers and technologies used and processing a complete IP address is not necessary, the IP address is shortened (also referred to as “IP masking”). In this process, the last two digits or the last part of the IP address after a full stop are removed or replaced by wildcards. The masking of the IP address is intended to prevent the identification of a person using their IP address or to make such identification significantly more difficult.
To protect the data of users transmitted via our online services from unauthorised access, we employ TLS/SSL encryption technology. Secure Sockets Layer (SSL) and Transport Layer Security (TLS) are the cornerstones of secure data transmission on the internet. These technologies encrypt the information transferred between the website or app and the user’s browser (or between two servers), thereby safeguarding the data from unauthorised access. TLS, as the more advanced and secure version of SSL, ensures that all data transmissions conform to the highest security standards. When a website is secured with an SSL/TLS certificate, this is indicated by the display of HTTPS in the URL. This indicates to users that their data is being securely and encryptedly transmitted.
Transmission of Personal Data
While processing personal data, it may happen that it is transmitted to or disclosed to other entities, companies, legally independent organizational units, or individuals. Recipients of this data may include service providers tasked with IT duties or providers of services and content integrated into a website. In such cases, we observe the legal requirements and conclude relevant contracts or agreements that protect your data with the recipients of your data.
We may transfer personal data to other companies within our corporate group or grant them access to it. Suppose the data is shared for administrative purposes. In that case, it is based on our legitimate business and commercial interests or occurs if necessary to fulfil our contractual obligations or when consent from the individuals concerned has been obtained or legal permission exists.
International Data Transfers
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)), or if the processing is done within the context of using third-party services or the disclosure or transfer of data to other individuals, entities, or companies, this is only done by legal requirements. If the data protection level in the third country has been recognised by an adequacy decision (Article 45 GDPR), this serves as the basis for data transfer. Otherwise, data transfers only occur if the data protection level is ensured, primarily through standard contractual clauses (Article 46 (2)(c) GDPR), explicit consent, or in cases of contractual or legally required transfers (Article 49 (1) GDPR). Furthermore, we provide you with the basis of third-country transfers from individual third-country providers, with adequacy decisions primarily serving as the foundation.
Information regarding third-country transfers and existing adequacy decisions can be obtained from the information provided by the EU Commission: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en.
Within the context of the so-called “Data Privacy Framework” (DPF), the EU Commission has also recognised the data protection level for certain companies from the USA as secure within the adequacy decision of 10th July 2023. The list of certified companies, as well as additional information about the DPF, can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/s/.We will inform you which of our service providers are certified under the Data Privacy Framework as part of our data protection notices.
By the Swiss Data Protection Act (Swiss DPA), we only disclose personal data abroad when an appropriate level of protection for the affected persons is ensured (Art. 16 Swiss DPA). If the Federal Council does not determine that there is an adequate level of protection (list of states: https://www.bj.admin.ch/bj/de/home/staat/datenschutz/internationales/anerkennung-staaten.html), we implement alternative security measures. These measures may include international agreements, specific guarantees, contract data protection clauses, standard data protection clauses approved by the Federal Data Protection and Information Commissioner (FDPIC), or internal company data protection regulations previously recognised by the FDPIC or a competent data protection authority of another country.
Under Art. 16 of the Swiss DSG, exceptions can be made for the disclosure of data abroad if certain conditions are met, including the consent of the affected person, contract execution, public interest, protection of life or physical integrity, publicly made data or data from a legally provided register. Such disclosures always comply with the legal requirements.
General Information on Data Retention and Deletion
We adhere to strict personal data deletion policies, in accordance with legal regulations. As soon as the underlying consents are revoked or no further legal bases for processing exist, we delete the data. This applies to cases where the original purpose of processing is no longer applicable, or the data is no longer needed. Exceptions to this rule exist if statutory obligations or special interests require longer retention or archiving of the data.
In particular, data that must be retained for commercial or tax law reasons or whose storage is necessary for legal prosecution or protection of the rights of other natural or legal persons must be archived accordingly.
Our privacy notices contain additional information on the retention and deletion of data specifically applicable to specific processing processes.
In cases where multiple retention periods or deletion deadlines for a date are specified, the most extended period always prevails.
If a period does not expressly start on a specific date and lasts at least one year, it automatically begins at the end of the calendar year in which the event triggering the period occurred. In the case of ongoing contractual relationships in the context of which data is stored, the event triggering the deadline is the time at which the termination or other termination of the legal relationship takes effect. This ensures that all parties are informed and prepared for the data retention process.
Data no longer stored for its initially intended purpose but, due to legal requirements or other reasons, is processed exclusively for the reasons justifying their retention.
The following general deadlines apply for the retention and archiving according to German law:
- 10 Years – Fiscal Code/Commercial Code – Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheet as well as the necessary work instructions and other organisational documents, booking receipts and invoices (Section 147 Paragraph 3 in conjunction with Paragraph 1 No. 1, 4 and 4a of the German General Tax Code (AO), Section 14b Paragraph 1 of the German VAT Act (UStG), Section 257 Paragraph 1 Numbers 1 and 4, Paragraph 4 of the German Commercial Code (HGB)).
- 6 Years – Other business documents: received commercial or business letters, copies of dispatched commercial or business letters, and other documents to the extent that they are significant for taxation purposes, for example, hourly wage slips, operating accounting sheets, calculation documents, price tags, as well as payroll accounting documents, provided they are not already accounting vouchers and cash register tapes Section (Section 147 Paragraph 3 in conjunction with Paragraph 1 No. 2, 3, 5 of the German General Tax Code (AO), Section 257 Paragraph 1 No. 2 and 3, Paragraph 4 of the German Commercial Code (HGB)).
- 3 Years – Data required to consider potential warranty and compensation claims or similar contractual claims and rights, as well as to process related inquiries based on previous business experiences and standard industry practices, will be stored for the duration of the regular statutory limitation period of three years. This period begins at the end of the year when the relevant contractual transaction occurs or the contractual relationship ends in the case of ongoing contracts (Sections 195 and 199 of the German Civil Code).
The following general deadlines apply for retention and archiving according to Swiss law:
- 10 Jahre – Aufbewahrungsfrist für Bücher und Aufzeichnungen, Jahresabschlüsse, Inventare, Lageberichte, Eröffnungsbilanzen, Buchungsbelege und Rechnungen sowie alle erforderlichen Arbeitsanweisungen und sonstigen Organisationsunterlagen (Art. 958f des Schweizerischen Obligationenrechts (OR)).
- 10 Jahre – Daten, die zur Berücksichtigung potenzieller Schadenersatzansprüche oder ähnlicher vertraglicher Ansprüche und Rechte notwendig sind, sowie für die Bearbeitung damit verbundener Anfragen, basierend auf früheren Geschäftserfahrungen und den üblichen Branchenpraktiken, werden für den Zeitraum der gesetzlichen Verjährungsfrist von zehn Jahren gespeichert, es sei denn, eine kürzere Frist von fünf Jahren ist maßgeblich, die in bestimmten Fällen einschlägig ist (Art. 127, 130 OR). Mit Ablauf von fünf Jahren verjähren die Forderungen für Miet-, Pacht- und Kapitalzinse sowie andere periodische Leistungen, aus Lieferung von Lebensmitteln, für Beköstigung und für Wirtsschulden, sowie aus Handwerksarbeit, Kleinverkauf von Waren, ärztlicher Besorgung, Berufsarbeiten von Anwälten, Rechtsagenten, Prokuratoren und Notaren und aus dem Arbeitsverhältnis von Arbeitnehmern (Art. 128 OR).
Rights of Data Subjects
As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 of the GDPR:
- Right to Object: You have the right, on grounds arising from your particular situation, to object at any time to the processing of your personal data, which is based on letter (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
- Right of withdrawal for consents: You can revoke consents at any time.
- Right of access: You have the right to request confirmation as to whether the data in question will be processed, to be informed of this data, and to receive further information and a copy of the data in accordance with the provisions of the law.
- Right to rectification: You have the right, in accordance with the law, to request the completion of your data or the rectification of incorrect data concerning you.
- Right to Erasure and Right to Restriction of Processing: By the statutory provisions, you have the right to demand that the relevant data be erased immediately or that the statutory provisions restrict data processing.
- Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, common, and machine-readable format in accordance with the legal requirements or to request its transmission to another controller.
- Complaint to the supervisory authority: By the law and without prejudice to any other administrative or judicial remedy, you also have the right to complain with a data protection supervisory authority, in particular a supervisory authority in the Member State where you habitually reside, the supervisory authority of your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
As the data subject, you have the following rights by the provisions of the Swiss DPA:
- Right to information: You can request confirmation as to whether personal data concerning you are being processed and to receive the information necessary to assert your rights under the Swiss DPA and ensure transparent data processing.
- Right to data release or transfer: You have the right to request the release of your personal data, which you have provided to us, in a standard electronic format, as well as its transfer to another data controller, provided this does not require disproportionate effort.
- Right to rectification: You have the right to request the rectification of inaccurate personal data concerning you.
- Right to object, deletion, and destruction: You have the right to object to the processing of your data and request that personal data concerning you be deleted or destroyed.
Business Services
We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the context of contractual and comparable legal relationships and associated actions and communication with the contractual partners or pre-contractually, e.g. to answer inquiries.
We process this data to fulfil our contractual obligations. These include, in particular, the obligations to provide the agreed services, any updated obligations, and remedies in the event of warranty and other service disruptions. In addition, we process the data to protect our rights and for administrative tasks associated with these obligations and company organisation. Furthermore, we process the data based on our legitimate interests in proper and economical business management as well as security measures to protect our contractual partners and our business operations from misuse, endangerment of their data, secrets, information and rights (e.g. for the involvement of telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the framework of applicable law, we only disclose the data of contractual partners to third parties to the extent that this is necessary for the purposes above or to fulfil legal obligations. Contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the scope of this privacy policy.
Which data are necessary for the purposes above? We inform the contracting partners before or in the context of the data collection, e.g. in online forms by special marking (e.g. colours) and/or symbols (e.g. asterisks or the like) or personally.
We delete the data after the expiry of statutory warranty and comparable obligations, i.e. in principle, after the expiry of 4 years, unless the data is stored in a customer account or must be kept for legal reasons of archiving. The statutory retention period for documents relevant under tax law as well as for commercial books, inventories, opening balance sheets, annual financial statements, the instructions required to understand these documents and other organisational documents and accounting records is ten years and for received commercial and business letters and reproductions of sent commercial and business letters six years. The period begins at the end of the calendar year in which the last entry was made in the book, the inventory, the opening balance sheet, the annual financial statements or the management report was prepared, and the commercial or business letter was received or sent, or the accounting document was created. Furthermore, the record was made, or the other documents were created.
- Processed data types: Inventory data (for example, the full name, residential address, contact information, customer number, etc.); Payment Data (e.g., bank details, invoices, payment history); Contact data (e.g., postal and email addresses or phone numbers); Contract data (e.g., contract object, duration, customer category).
- Data subjects: Service recipients and clients; Prospective customers. Business and contractual partners.
- Purposes of processing: Provision of contractual services and fulfilment of contractual obligations; Communication; Office and organisational procedures; Organisational and Administrative Procedures. Business processes and management procedures.
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR); Compliance with a legal obligation (Article 6 (1) (c) GDPR). Legitimate Interests (Article 6 (1) (f) GDPR).
Further information on processing methods, procedures and services used.
Consulting: We process the data of our clients as well as prospects and other commissioning parties or contractual partners (collectively referred to as “clients”) to be able to provide our services to them. The processes that are part of and for consulting include contacting and communicating with clients, conducting needs and requirements analyses, planning and implementing consulting projects, documenting project progress and results, capturing and managing client-specific information and data, scheduling and organising appointments, providing consulting resources and materials, invoicing and payment management, post-processing and follow-up of consulting projects, quality assurance and feedback processes. The processed data and the nature, scope, purpose, and necessity of their processing are determined by the underlying contractual relationship with the client.
If it is necessary for our contract performance, for the protection of vital interests or legally required, or if there is consent from the clients, we disclose or transmit client data in compliance with professional legal requirements to third parties or agents such as authorities, subcontractors or in the field of IT, office or similar services; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR).
Data Analysis: We process the data of our customers and clients to enable them to perform data analysis, evaluation, and consulting, as well as related services. The required information includes the information needed for analysis, evaluation, billing, and contact information for necessary coordination. To the extent that we have access to information from end customers, employees, or other persons, we process this by legal and contractual requirements. Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Compliance with a legal obligation (Article 6 (1) (c) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
IT Services: We process the data of our clients and contractors to enable them to plan, implement, and support IT solutions and associated services. The required information is marked as such during the contract, project, or similar agreement phase. It includes details necessary for service provision and billing and contact information to facilitate any necessary consultations. Insofar as we gain access to information from end customers, employees, or other individuals, we process this by legal and contractual requirements.
Processing processes include project management and documentation, covering phases from initial requirement analysis to projection. This involves creating and managing project timelines, budgets, and resource allocations. Data processing also supports change management, where changes in the project flow are documented and tracked to ensure compliance and transparency.
Another process is customer relationship management (CRM), which involves recording and analysing customer interactions and feedback to improve service quality and efficiently address individual customer needs. The processing process also encompasses technical support and trouble-shooting, including capturing and handling support requests, error resolutions, and regular maintenance.
Furthermore, reporting and performance analysis are conducted by capturing and evaluating performance metrics to assess the effectiveness of provided IT solutions, continuously optimising them. All these processes aim to ensure high customer satisfaction and compliance with all relevant regulations. Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Compliance with a legal obligation (Article 6 (1) (c) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
Online Courses and Online Training: We process the data of participants in our online courses and training sessions (collectively referred to as “participants”) to be able to provide them with our course and training services. The data processed, as well as the type, scope, purpose, and necessity of their processing, are determined by the underlying contractual relationship. The data generally includes information on the courses and services utilised, as well as the personal preferences and results of the participants insofar as they are part of our service offering. Processing forms also include performance evaluation and the evaluation of our services and those of the course and training instructors. Additionally, depending on the equipment and structure of the respective courses or learning content, further processing operations may be implemented, such as attendance tracking for documenting participation, progress monitoring for measuring and analysing learning progress by collecting exam and test results, and analysing interactions on learning platforms, such as forum posts and assignment submissions; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR).
Project and Development Services: We process the data of our customers and clients (from now on uniformly referred to as “customers”) to enable them to select, acquire or commission the selected services or works as well as associated activities and to pay for and make available such services or works or to perform such services or works.
The required information is indicated as such within the framework of the conclusion of the agreement, order or equivalent contract. It includes the information required for providing services, invoicing, and contact information for consultations. Insofar as we gain access to the information of end customers, employees, or other persons, we process it according to legal and contractual requirements. Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR).
Software and Platform Services: We process the data of our users, registered and any test users (from now on uniformly referred to as “users”) to provide them with our contractual services based on legitimate interests to ensure the security of our offer and develop it further. The required details are identified within the context of the conclusion of the agreement, order, or comparable contract. They include the details required for providing services, as well as invoicing and contact information to hold any further consultations. Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR).
Consulting: Insofar as it is necessary for our contractual performance or required by law, or if the consent of the customer has been obtained, we disclose or transfer the customer’s data to third parties or agents, such as authorities, courts or in the field of IT, office or comparable services, in compliance with the contractual and legal requirements; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR).
Business Processes and Operations
Personal data of service recipients and clients – including customers, clients, or, in specific cases, mandates, patients, or business partners, as well as other third parties – are processed within the framework of contractual and comparable legal relationships and pre-contractual measures such as initiating business relations. This data processing supports and facilitates business processes in customer management, sales, payment transactions, accounting, and project management.
The collected data fulfils contractual obligations and makes business processes efficient. This includes executing business transactions, managing customer relationships, optimising sales, and ensuring internal invoicing and financial processes. Additionally, the data supports the protection of the controller’s rights and promotes administrative tasks and company organisation.
Third parties may organise personal data to fulfil the mentioned purposes or legal obligations. The data will be deleted after legal retention periods expire or when the purpose of processing no longer applies. This also includes data that must be stored for extended periods due to tax law and legal obligations to provide evidence.
- Processed data types: Inventory data (For example, the full name, residential address, contact information, customer number, etc.); Payment Data (e.g. bank details, invoices, payment history); Contact data (e.g. postal and email addresses or phone numbers); Content data (e.g. textual or pictorial messages and contributions, as well as information pertaining to them, such as details of authorship or the time of creation.); Contract data (e.g. contract object, duration, customer category); Log data (e.g. log files concerning logins or data retrieval or access times.); Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features); Creditworthiness Data (e.g. received credit score, estimated default probability, risk classification based on this, historical payment behaviour); Employee Data (Information about employees and other individuals in an employment relationship). Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, involved parties).
- Data subjects: Service recipients and clients; prospective customers; communication partners (Recipients of emails, letters, etc.); business and contractual partners; third parties; users (e.g., website visitors, users of online services); clients; customers.
- Processing purposes include the Provision of contractual services and fulfilment of contractual obligations, office and organisational procedures, business processes and organisational procedures, communication, marketing, sales promotion, assessment of creditworthiness, and financial and Payment Management.
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR); Legitimate Interests (Article 6 (1) (f) GDPR). Compliance with a legal obligation (Article 6 (1) (c) GDPR).
Further information on processing methods, procedures and services used:
- Customer Management and Customer Relationship Management (CRM): Processes required in the context of customer management and Customer Relationship Management (CRM) include customer acquisition in compliance with data protection regulations, measures to promote customer retention and loyalty, effective customer communication, complaint management and customer service with consideration of data protection, data management and analysis to support the customer relationship, management of CRM systems, secure account management, customer segmentation and targeting; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
- Client Management: Processes required for client management include, for example, the acquisition and onboarding of new clients, the development of strategies to promote client loyalty, and ensuring effective client communication and appointment scheduling. Comprehensive client services are provided. These processes also involve the management and administration of client files, secure documentation of legal transactions, and ensuring the confidentiality and integrity of client data. Furthermore, processes are defined for transferring client information to third parties, such as courts or other legal service providers. Procedures are implemented for the secure and compliant deletion of client data once it is no longer needed or when statutory retention periods have expired. Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Compliance with a legal obligation (Article 6 (1) (c) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
- Contact management and contact maintenance: Processes required in the context of organising, maintaining, and securing and organising (e.g., setting up and maintaining a central contact database, regular updates of contact information, monitoring data integrity, implementing data protection measures, ensuring access controls, conducting backups and restorations of contact data, training employees in effective use of contact management software, regular review of communication history and adjustment of contact strategies); Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
- General Payment Transactions: Procedures required for carrying out payment transactions, monitoring bank accounts, and controlling payment flows (e.g., creation and verification of transfers, processing of direct debit transactions, checking of account statements, monitoring of incoming and outgoing payments, management of chargebacks, account reconciliation, cash management); Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
- Accounting, accounts payable, accounts receivable: Procedures required for the collection, processing, and control of business transactions in the area of accounts payable and receivable accounting (e.g., creation and verification of incoming and outgoing invoices, monitoring and management of outstanding items, execution of payment transactions, handling of dunning processes, account reconciliation within the scope of receivables and payables, accounts payable accounting, and accounts receivable accounting); Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Compliance with a legal obligation (Article 6 (1) (c) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
- Financial Accounting and Taxes: Procedures required for the collection, management, and control of finance-related business transactions as well as for the calculation, reporting, and payment of taxes (e.g., accounting and posting of business transactions, preparation of quarterly and annual financial statements, execution of payment transactions, handling of dunning processes, account reconciliation, tax consulting, preparation and submission of tax returns, management of tax affairs); Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Compliance with a legal obligation (Article 6 (1) (c) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
- Sales: Procedures required for the planning, implementation, and control of measures for marketing and selling products or services (e.g., customer acquisition, preparation and tracking of offers, order processing, customer consultation and support, sales promotion, product training, sales controlling and analysis, management of distribution channels); Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
- Marketing, advertising, and sales promotion: Processes required in the context of marketing, advertising, and sales promotion (e.g., market analysis and audience targeting, development of marketing strategies, planning and execution of advertising campaigns, design and production of advertising materials, online marketing including SEO and social media campaigns, event marketing and trade show participation, customer loyalty programs, sales promotion measures, performance measurement and optimisation of marketing activities, budget optimisation and cost control); Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).
Provision of Online Services and Web Hosting
We process user data to be able 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.
- Processed data types: Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features); Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, involved parties); Log data (e.g. log files concerning logins or data retrieval or access times.). Content data (e.g. textual or pictorial messages and contributions, as well as information about them, such as authorship details or the time of creation.).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: Provision of our online services and usability; Information technology infrastructure (Operation and provision of information systems and technical devices, such as computers, servers, etc.).); Security measures. Content Delivery Network (CDN).
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).
Further information on processing methods, procedures and services used:
- Provision of online offer on rented hosting space: For the provision of our online services, we use storage space, computing capacity and software that we rent or otherwise obtain from a corresponding server provider (also referred to as a “web hoster”); Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).
- Collection of Access Data and Log Files: Access to our online service is logged as so-called “server log files”. Server log files may include the address and name of the accessed web pages and files, date and time of access, transferred data volumes, notification of successful retrieval, browser type along with version, the user’s operating system, referrer URL (the previously visited page), and typically IP addresses and the requesting provider. The server log files can be used for security purposes, e.g., to prevent server overload (especially in the case of abusive attacks, known as DDoS attacks) and to ensure server load management and stability; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR). Retention period: Log file information is stored for 30 days and then deleted or anonymized. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.
- Content-Delivery-Network: We use a “Content Delivery Network” (CDN). A CDN is a service with whose help contents of our online services, in particular large media files, such as graphics or scripts, can be delivered faster and more securely with the help of regionally distributed servers connected via the Internet; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).
- Cloudflare: Content-Delivery-Network (CDN) – service with whose help contents of our online services, in particular large media files, such as graphics or scripts, can be delivered faster and more securely with the help of regionally distributed servers connected via the Internet; Service provider: Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://www.cloudflare.com; Privacy Policy: https://www.cloudflare.com/privacypolicy/; Data Processing Agreement: https://www.cloudflare.com/cloudflare-customer-dpa/. The basis for third-country transfers: EEA – Data Privacy Framework (DPF), Switzerland – Standard Contractual Clauses (https://www.cloudflare.com/cloudflare-customer-scc/).
Use of Cookies
Cookies are small text files or other types of storage markers that store information on end devices and read information from them. For example, to save the login status in a user account, the contents of a shopping cart in an e-shop, the content accessed, or the functions used of an online offer. Furthermore, cookies can be used for various concerns, such as for the functionality, security, and comfort of online offers and the creation of analyses of visitor flows.
We use cookies according to legal regulations. Therefore, we obtain prior consent from users unless it is not required by law. Permission is particularly unnecessary if the storage and reading of information, including cookies, are necessary to provide a telemedia service (i.e., our online offer) expressly requested by the users. The revocable consent is communicated to them and contains information on the respective cookie usage.
The legal basis on which we process users’ personal data with the help of cookies depends on whether we ask them for consent. If users accept, the legal basis for processing their data is the declared consent. Otherwise, the data processed with the help of cookies are based on our legitimate interests (e.g., in a commercial operation of our online offer and its usability improvement) or, if this occurs within the fulfilment of our contractual obligations when the use of cookies is necessary to fulfil our contractual obligations. We clarify the purposes for which we use the cookies used during this data protection declaration or within the scope of our consent and processing processes.
Regarding the storage duration, the following types of cookies are distinguished:
- Temporary cookies (also known as session or 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 application).
- Permanent cookies: Permanent cookies remain stored even after closing the end device. For example, the login status can be saved, and preferred content can be displayed directly when the user revisits a site. Similarly, user data collected via cookies can be used for reach measurement. Unless we provide users with explicit information about cookies’ nature and storage duration (e.g., when obtaining consent), they should assume that they are permanent and the storage duration can be up to two years.
Users can revoke their consent at any time and declare an objection to the processing according to legal requirements, also via their browser’s privacy settings.
- Processed data types: Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, involved parties).
- Data subjects: Users (e.g. website visitors, users of online services).
- Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR). Consent (Article 6 (1) (a) GDPR).
Further information on processing methods, procedures and services used:
- Processing Cookie Data based on Consent: We implement a consent management solution that obtains users’ consent for cookies or the processes and providers mentioned within the consent management framework. This procedure is designed to solicit, log, manage, and revoke consents, particularly regarding cookies and similar technologies employed to store, read from, and process information on users’ devices. As part of this procedure, user consent is obtained for cookies and the associated information processing, including specific processing and providers named in the consent management process. Users also have the option to manage and withdraw their consent. Consent declarations are stored to avoid repeated queries and to provide proof of consent according to legal requirements. The storage is carried out server-side and/or in a cookie (so-called opt-in cookie) or using comparable technologies to associate the consent with a specific user or device. If no specific details about the providers of consent management services are provided, the following general notes apply: The duration of consent storage is up to two years. A pseudonymous user identifier is created, which is stored along with the time of consent, details on the scope of consent (e.g., relevant categories of cookies and/or service providers), as well as information about the browser, system, and device used; Legal Basis: Consent (Article 6 (1) (a) GDPR).
- Cookiebot: Cookie Consent Management: Procedures for obtaining, recording, managing, and revoking consents, particularly for the use of cookies and similar technologies for storing, accessing, and processing information on users’ devices as well as their processing; Service provider: Usercentrics A/S, Havnegade 39, 1058 Kopenhagen, Dänemark; Website: https://www.cookiebot.com; Privacy Policy: https://www.cookiebot.com/en/privacy-policy/; Data Processing Agreement: Provided by the service provider; Further Information: Stored data (on the server of the service provider): The IP number of the user in anonymous form (the last three digits are set to 0), date and time of the consent, user agent of the user’s browser, the URL from which the consent was sent, An anonymous, random and encrypted key value. the consent status of the user.
Blogs and Publication Media
We use blogs or comparable means of online communication and publication (from now on, “publication medium”). Readers’ data will only be processed for the publication medium to the extent necessary for its presentation and communication between authors and readers or for security reasons. For the rest, we refer to the information on the processing of visitors to our publication medium within the scope of this privacy policy.
- Processed data types: Inventory data (For example, the full name, residential address, contact information, customer number, etc.); Contact data (e.g. postal and email addresses or phone numbers); Content data (e.g. textual or pictorial messages and contributions, as well as information about them, such as details of authorship or the time of creation.); Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features). Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, involved parties).
- Data subjects: Users (e.g. website visitors, users of online services).
- The purposes of processing are feedback (e.g., collecting feedback via an online form), provision of our online services, and usability.
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).
Contact and Inquiry Management
When contacting us (e.g. via mail, contact form, email, telephone or 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.
- Processed data types: Inventory data (For example, the full name, residential address, contact information, customer number, etc.); Contact data (e.g. postal and email addresses or phone numbers); Content data (e.g. textual or pictorial messages and contributions, as well as information about them, such as details of authorship or the time of creation.); Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features). Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, involved parties).
- Data subjects: Communication partner (Recipients of emails, letters, etc.).
- The purposes of processing are communication, Organisational and Administrative Procedures, feedback (e.g., collecting feedback via an online form), provision of our online services, and usability.
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR). Performance of a contract and prior requests (Article 6 (1) (b) GDPR).
Further information on processing methods, procedures and services used:
- Contact form: Upon contacting us via our contact form, email, or other means of communication, we process the personal data transmitted to us to respond to and handle the respective matter. This typically includes details such as name, contact information, and possibly additional information provided to us that is necessary for appropriate processing. We use this data exclusively for the stated purpose of contact and communication: Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR).
- HubSpot: Customer management and process and sales support with personalised support with multi-channel communication, i.e. management of customer inquiries from different channels and analysis and feedback functions; Service provider: HubSpot, Inc., 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://www.hubspot.de; Privacy Policy: https://legal.hubspot.com/privacy-policy; Data Processing Agreement: https://legal.hubspot.com/dpa. The basis for third-country transfers: EEA – Data Privacy Framework (DPF), Switzerland – Standard Contractual Clauses (https://legal.hubspot.com/dpa).
Communication via Messenger
We use messenger services for communication purposes and therefore ask you to observe the following information regarding the functionality of the messenger services, encryption, use of the metadata of the communication and your objection options.
You can also contact us by alternative means, e.g. telephone or email. Please use the contact options or those offered in our online services.
In the case of encrypting content (i.e., the content of your message and attachments), we point out that the communication content (i.e., the content of the message and attachments) is encrypted end-to-end. This means that the content of the messages is not visible, not even by the messenger service providers themselves. You should always use a current version of the messenger service with activated encryption to guarantee the message’s encryption.
However, we would like to point out to our communication partners that although messenger service providers do not see the content, they can find out that when communication partners communicate with us and process technical information on the communication partner’s device used and, depending on the settings of their device, also location information (so-called metadata).
Information on Legal basis: If we ask communication partners for permission before communicating with them via messenger services, the legal basis of our data processing is their consent. Otherwise, if we do not request consent and you contact us, for example, voluntarily, we use messenger services in our dealings with our contractual partners and as part of the contract initiation process as a contractual measure and in the case of other interested parties and communication partners based on our legitimate interests in fast and efficient communication and meeting the needs of our communication partners for communication via messenger services. We do not transmit the contact data provided to us to the messenger service providers for the first time without your consent.
Withdrawal, objection and deletion: You can withdraw your consent or object to communication with us via messenger services at any time. In the case of communication via messenger services, we delete the messages by our general data retention policy (i.e. as described above after the end of contractual relationships, archiving requirements, etc.) and otherwise, as soon as we can assume that we have answered any information provided by the communication partners if no reference to a previous conversation is to be expected. There are no legal obligations to store the messages to prevent their deletion.
Reservation of reference to other means of communication: For your security, we kindly ask for your understanding that we may not respond to enquiries via messenger for specific reasons. This applies when contract details require heightened confidentiality or a response via messenger does not meet formal requirements. In such cases, we recommend using more appropriate communication channels.
- Processed data types: Contact data (e.g. postal and email addresses or phone numbers); Content data (e.g. textual or pictorial messages and contributions, as well as information about them, such as details of authorship or the time of creation.); Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features). Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, involved parties).
- Data subjects: Communication partner (Recipients of emails, letters, etc.).
- Purposes of processing: Communication. Direct marketing (e.g. by email or postal).
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Consent (Article 6 (1) (a) GDPR); Performance of a contract and prior requests (Article 6 (1) (b) GDPR). Legitimate Interests (Article 6 (1) (f) GDPR).
Further information on processing methods, procedures and services used:
- Microsoft Teams: Microsoft Teams – Messenger; Service provider: Microsoft Irland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://www.microsoft.com/de-de/microsoft-365; Privacy Policy: https://privacy.microsoft.com/en-GB/privacystatement, Security information: https://www.microsoft.com/en-GB/trust-center. The basis for third-country transfers: EEA – Data Privacy Framework (DPF), Switzerland – Adequacy decision (Ireland).
Chatbots and Chat Functions
We provide online chat and chatbot functions for communication (called “Chat Services”). A chat is an online conversation conducted with a certain degree of immediacy. A chatbot is software that answers users’ questions or informs them about messages. If you use our chat functions, we may process your personal data.
If you use our chat services on an online platform, your identification number is also 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 to prove these by legal requirements.
We want to inform users that the respective platform provider can find out when users communicate with our Chat Services and can collect technical information about the user’s device used and, depending on the settings of their device, also location information (so-called metadata) to optimise the services and for security purposes. Likewise, the metadata of communication via Chat Services (i.e., information about who has communicated with whom) could be used by the respective platform providers for marketing purposes or to display advertising tailored to users by their regulations, to which we refer for further information.
If users agree to activate information with regular messages to a chatbot, they can unsubscribe from the information for the future at any time. The chatbot points out to users how and with which terms they can unsubscribe from the messages. By unsubscribing from the chatbot messages, Users’ data is deleted from the directory of message recipients.
We use the aforementioned information to operate our Chat Services, e.g., to address users personally, answer their inquiries, transmit any requested content, and improve our Chat Services (e.g., to “teach” chatbots answers to frequently asked questions or to identify unanswered inquiries).
Information on a Legal basis: We use the Chat Services on the basis of consent if we first obtain the permission of the users to process their data by the Chat Services (this applies in cases where users are asked for consent, e.g. so that a chatbot regularly sends them messages). If we use Chat Services to answer user queries about our services or our company, this is done for contractual and pre-contractual communication. In addition, we use Chat Services based on our legitimate interests in optimising the Chaoptimising, its operating efficiency and enhancing the positive user experience.
Withdrawal, objection and deletion: You can revoke a given consent at any time or contradict the processing of your data in the context of our chatbot use.
- Processed data types: Contact data (e.g. postal and email addresses or phone numbers); Content data (e.g. textual or pictorial messages and contributions, as well as information about them, such as authorship details or the time of creation.). Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features).
- Data subjects: Communication partner (Recipients of emails, letters, etc.).
- Purposes of processing: Communication.
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Consent (Article 6 (1) (a) GDPR); Performance of a contract and prior requests (Article 6 (1) (b) GDPR). Legitimate Interests (Article 6 (1) (f) GDPR).
Further information on processing methods, procedures and services used:
- 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 (Article 6 (1) (f) GDPR); Website: https://www.hubspot.com; Privacy Policy: https://legal.hubspot.com/privacy-policy; Data Processing Agreement: https://legal.hubspot.com/dpa. Basis for third-country transfers: EEA – Data Privacy Framework (DPF), Switzerland – Standard Contractual Clauses (https://legal.hubspot.com/dpa).
Video Conferences, Online Meetings, Webinars and Screen-Sharing
We use platforms and applications of other providers (referred to as “Conference Platforms”) to conduct video and audio conferences, webinars, and different types of video and audio meetings (collectively referred to as “Conference”). We comply with the legal requirements when using the Conference Platforms and their services.
Data processed by Conference Platforms: During participation in a Conference, the participants’ data listed below are processed. The scope of the processing depends, on the one hand, on which data is requested in the context of a specific Conference (e.g., provision of access data or clear names) and which optional information is provided by the participants. In addition to processing to conduct the conference, participants’ Data may also be processed by the Conference Platforms for security purposes or service optimisation. The processed Date includes personal information (first name, last name), contact information (email address, telephone number), access data (access codes or passwords), profile pictures, information on professional position/function, the IP address of the internet access, information on the participants’ end devices, their operating system, the browser and its technical and linguistic settings, information on the content-related communication processes, i.e. entries in chats and audio and video data, as well as the use of other available functions (e.g. surveys). The content of communications is encrypted to the extent technically provided by the conference providers. If participants are registered as users with the Conference Platforms, further data may be processed by the agreement with the respective Conference Provider.
Logging and recording: If text entries, participation results (e.g., from surveys), and video or audio recordings are recorded, this will be transparently communicated to the participants in advance, and they will be asked—if necessary—for their consent.
Data protection measures of the participants: Please refer to the data privacy information of the conference platforms for details on the processing of your data and select the optimum security and data privacy settings for you within the framework of the conference platform settings. Furthermore, please ensure data and privacy protection in the background of your recording for the duration of a Conference (e.g., by notifying roommates, locking doors, and using the background masking function, if possible). Links to the conference rooms and access data should be kept from unauthorised third parties.
Notes on legal bases: Insofar as, in addition to the Conference Platforms, we also process users’ data and ask users for their consent to use contents from the Conferences or certain functions (e.g. consent to a recording of Conferences), the legal basis of the processing is this consent. Furthermore, our processing may be necessary to fulfil our contractual obligations (e.g. in participant lists, in the case of reprocessing Conference results, etc.). Otherwise, user data is processed based on our legitimate interests in efficient and secure communication with our communication partners.
- Processed data types: Inventory data (For example, the full name, residential address, contact information, customer number, etc.); Contact data (e.g. postal and email addresses or phone numbers); Content data (e.g. textual or pictorial messages and contributions, as well as information about them, such as details of authorship or the time of creation.); Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features); Images and/ or video recordings (e.g. photographs or video recordings of a person); Audio recordings. Log data (e.g. log files concerning logins, data retrieval or access times.).
- Data subjects: Communication partners (Recipients of emails, letters, etc.); users (e.g., website visitors, users of online services). Persons depicted.
- Purposes of processing: Provision of contractual services and fulfilment of contractual obligations; Communication. Office and organisational procedures.
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).
Further information on processing methods, procedures and services used:
- Microsoft Teams: Conference and communication software; Service provider: Microsoft Irland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://www.microsoft.com/de-de/microsoft-365; Privacy Policy: https://privacy.microsoft.com/de-de/privacystatement, Security information: https://www.microsoft.com/de-de/trustcenter. Basis for third-country transfers: EEA – Data Privacy Framework (DPF), Switzerland – Adequacy decision (Ireland).
- Zoom: Conference and communication software; Service provider: Zoom Video Communications, Inc., 55 Almaden Blvd., Suite 600, San Jose, CA 95113, USA; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://zoom.us; Privacy Policy: https://zoom.us/docs/de-de/privacy-and-legal.html; Data Processing Agreement: https://zoom.us/docs/de-de/privacy-and-legal.html (referred to as Global DPA). Basis for third-country transfers: EEA – Data Privacy Framework (DPF), Switzerland – Standard Contractual Clauses (https://zoom.us/docs/de-de/privacy-and-legal.html (referred to as Global DPA)).
Cloud Services
We use Internet-accessible software services (so-called “cloud services”, also referred to as “Software as a Service”) provided on the servers of its providers for the storage and management of content (e.g. document storage and management, exchange of documents, content and information with specific recipients or publication of content and data).
Within this framework, personal data may be processed and stored on the provider’s servers insofar as it is part of communication processes with us or is otherwise processed by us in accordance with this privacy policy. This data may include, in particular, master data and contact data of data subjects, data on processes, contracts, and other proceedings and their contents. Cloud service providers also process usage data and metadata for security and optimisation.
Suppose we use cloud services to provide documents and content to other users or publicly accessible websites, forms, etc. In that case, providers may store cookies on users’ devices for web analysis or to remember user settings (e.g. in the case of media control).
- Processed data types: Inventory data (For example, the full name, residential address, contact information, customer number, etc.); Contact data (e.g. postal and email addresses or phone numbers); Content data (e.g. textual or pictorial messages and contributions, as well as information about them, such as details of authorship or the time of creation.). Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features).
- Data subjects: Prospective customers; communication partners (Recipients of emails, letters, etc.); and business and contractual partners.
- Purposes of processing: Office and organisational procedures. Information technology infrastructure (Operation and provision of information systems and technical devices, such as computers, servers, etc.).).
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).
Further information on processing methods, procedures and services used:
- Microsoft Cloud Services: Cloud storage, cloud infrastructure services and cloud-based application software; Service provider: Microsoft Irland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://microsoft.com; Privacy Policy: https://privacy.microsoft.com/de-de/privacystatement, Security information: https://www.microsoft.com/de-de/trustcenter; Data Processing Agreement: https://www.microsoft.com/licensing/docs/view/Microsoft-Products-and-Services-Data-Protection-Addendum-DPA. Basis for third-country transfers: EEA – Data Privacy Framework (DPF), Switzerland – Adequacy decision (Ireland).
Newsletter and Electronic Communications
We send newsletters, emails, and other electronic notifications (from now on, “newsletters”) exclusively with the recipients’ consent or based on a legal basis. If the contents of the newsletter are specified during registration for the newsletter, these contents are decisive for the users’ consent. Providing your email address is sufficient to sign up for our newsletter. However, to offer you a personalised service, we may ask for your name for personal salutation in the newsletter or additional Information if necessary.
Deletion and restriction of processing: We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them to demonstrate previously given consent. The processing of these data is limited to defending against claims. An individual request for deletion is possible at any time, provided that, at the same time, the former existence of consent is confirmed. In case of obligations to permanently observe objections, we reserve the right to store the email address solely for this purpose in a blocklist.
The registration process is logged based on our legitimate interests to prove its proper execution. If we commission a service provider to send emails, this is done based on our legitimate interests in an efficient and secure mailing system.
Contents: Information about us, our services, promotions and offers.
- Processed data types: Inventory data (For example, the full name, residential address, contact information, customer number, etc.); Contact data (e.g. postal and email addresses or phone numbers); Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, involved parties). Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features).
- Data subjects: Communication partner (Recipients of emails, letters, etc.). Users (e.g. website visitors, users of online services).
- Processing purposes: Direct marketing (e.g., by email or postal), provision of contractual services, and fulfilment of contractual obligations.
- Retention and deletion: 3 years – Contractual claims (AT) (Data required to consider potential warranty and compensation claims or similar contractual claims and rights, as well as to process related inquiries based on previous business experiences and standard industry practices, will be stored for the duration of the regular statutory limitation period of three years (Sections 1478, 1480 of the Austrian Civil Code).). 10 years – Contractual claims (CH) (Data required to consider potential compensation claims or similar contractual claims and rights, as well as to process related inquiries, based on previous business experiences and standard industry practices, will be stored for the duration of the statutory limitation period of ten years unless a shorter period of 5 years is applicable, which is relevant in some instances. This period begins at the end of the calendar year in which the claim arose (Articles 127 and 128 Swiss Code of Obligations (CO))).
- Legal Basis: Consent (Article 6 (1) (a) GDPR). Legitimate Interests (Article 6 (1) (f) GDPR).
- Opt-Out: You can cancel your receipt of our newsletter at any time, i.e., revoke your consent or object to further receipt. You will find a link to cancel the newsletter at the end of each newsletter, or you can use one of the contact options listed above, preferably by email.
Further Information on processing methods, procedures and services used:
- Measurement of opening rates and click rates: The newsletters contain a so-called “web beacon”, a pixel-sized file retrieved from our server or the server of the dispatch service provider if one is used when the newsletter is opened. During this retrieval, technical Information, such as details about the browser and your system, your IP address and the time of access, are collected. This information is used to technically improve our newsletter based on technical data or target audiences and their reading behaviour, which can be determined by their access locations (identifiable by IP address) or access times. This analysis also includes determining whether and when newsletters are opened and which links are clicked. The Information is assigned to individual newsletter recipients and stored in their profiles until deletion. The evaluations serve to recognize the reading habits of our users and adjust our content to them or send different content according to the interests of our users. The measurement of opening and click rates and the storage of the measurement results in user profiles and their further processing are based on user consent. Unfortunately, it is impossible to revoke success measurement separately; in this case, the entire newsletter subscription must be cancelled or objected to. In that case, the profile information stored will be deleted. Legal Basis: Consent (Article 6 (1) (a) GDPR).
- Prerequisite for free services: Consent to sending mailings can depend on using free services (e.g. access to certain content or participation in specific campaigns) as a prerequisite. If the users would like to take advantage of the free service without registering for the newsletter, we offer them the option to contact us.
- Order process reminder emails: When users cancel an order process, we can notify them of the cancellation and remind them to continue. This function can be helpful, for example, if the purchase process cannot be continued due to a browser crash, oversight or forgetting. The dispatch is based on consent, which users can object to at any time. Legal Basis: Consent (Article 6 (1) (a) GDPR).
- HubSpot: Email dispatch and automation services; Service provider: HubSpot, Inc., 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://www.hubspot.com; Privacy Policy: https://legal.hubspot.com/privacy-policy; Data Processing Agreement: https://legal.hubspot.com/dpa; Basis for third-country transfers: EEA – Data Privacy Framework (DPF), Switzerland – Standard Contractual Clauses (https://legal.hubspot.com/dpa). Further Information: https://legal.hubspot.com/dpa.
Web Analysis, Monitoring and Optimisation
Web analysis is used to evaluate the visitor traffic on our website. It may include users’ behaviour, interests or demographic information, such as age or gender, as pseudonymous values. With the help of web analysis, we can e.g. recognise at which time our online services or their functions or contents are most frequently used or requested repeatedly, as well as which areas require optimisation.
In addition to web analysis, we can also use test procedures, e.g. to test and optimise different versions of our online services or their components.
Unless otherwise stated below, profiles, i.e. data aggregated for a usage process can be created for these purposes, and information can be stored in a browser or a terminal device and read from it. The information collected includes, in particular, websites visited and elements used there, as well as technical information such as the browser used, the computer system used and information on usage times. If users have agreed to collect their location data from us or the providers of the services we use, location data may also be processed.
Unless otherwise stated below, profiles that are data summarised for a usage process or user may be created for these purposes and stored in a browser or terminal device (so-called “cookies”), or similar methods may be used for the same purpose. The information collected includes, in particular, websites visited and elements used there, as well as technical information such as the browser used, the computer system used and information on usage times. If users have consented to collect their location data or profiles for us or to the providers of the services we use, these may also be processed, depending on the provider.
The IP addresses of the users are also stored. However, we use any existing IP masking procedure (i.e. pseudonymisation by shortening the IP address) to protect the user. Within web analysis, A/B testing, and optimisation framework, no user data (such as e-mail addresses or names) is stored, only pseudonyms. This means that we, as well as the providers of the software used, do not know the actual identity of the users; only the information is stored in their profiles for the respective processes.
Notes on legal bases: If we ask users for their consent to use third-party providers, the legal basis for data processing is consent. Otherwise, user data will be processed based on our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we also want to draw your attention to the information on using cookies in this privacy policy.
- Processed data types: Usage data (e.g., page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features); meta, communication, and process data (e.g., IP addresses, timestamps, identification numbers, involved parties).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: Web Analytics (e.g. access statistics, recognition of returning visitors). Profiles with user-related information (Creating user profiles).
- Retention and deletion: Deletion in accordance with the information provided in the section “General Information on Data Retention and Deletion.” Cookies may be stored for up to 2 years (unless otherwise stated, cookies and similar storage methods may be stored on users’ devices for a period of two years).
- Security measures: IP Masking (Pseudonymization of the IP address).
- Legal Basis: Consent (Article 6 (1) (a) GDPR). Legitimate Interests (Article 6 (1) (f) GDPR).
Further information on processing methods, procedures and services used:
- Matomo (without cookies): Matomo is a data protection-friendly web analysis software which is used without cookies and in which the recognition of returning users is carried out with the help of a so-called “digital fingerprint”, which is stored anonymously and changed every 24 hours; in the case of the “digital fingerprint”, user movements within our online services are recorded with the help of pseudonymised IP addresses in combination with user-side browser settings in such a way that conclusions about the identity of individual users are not possible. User data collected through the use of Matomo is processed only by us and is not shared with third parties; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).
Plugins and Embedded Functions and Content
Within our online services, we integrate functional and content elements obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These may, for example, be graphics, videos, or city maps (hereinafter uniformly referred to as “Content”).
The integration always presupposes that the third-party providers of this content process the user’s IP address since they could not send the content to their browser without the IP address. The IP address is, therefore, required to present these contents or functions. We strive to use only those contents whose respective offerers use the IP address only to distribute the contents. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device. It may include technical information about the browser and operating system, referring websites, visit times, and other information about the use of our website. It may also be linked to such information from different sources.
- Processed data types: Usage data (e.g., page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features); meta, communication, and process data (e.g., IP addresses, timestamps, identification numbers, involved parties).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: Provision of our online services and usability.
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section. Storage of cookies for up to 2 years (Unless otherwise stated, cookies and similar storage methods may be stored on users’ devices for two years.).
- Legal Basis: Consent (Article 6 (1) (a) GDPR). Legitimate Interests (Article 6 (1) (f) GDPR).
Further information on processing methods, procedures and services used:
- Font Awesome (from the provider’s server): Obtaining fonts (and symbols) for technically secure, maintenance-free and efficient use of fonts and symbols about timeliness and loading times, their uniform presentation and consideration of possible restrictions under licensing law. The provider of the fonts is informed of the user’s IP address so that the fonts can be made available in the user’s browser. In addition, technical data (language settings, screen resolution, operating system, hardware used) are transmitted which are necessary for the provision of the fonts depending on the devices used and the technical environment; Service provider: Fonticons, Inc.,6 Porter Road Apartment 3R, Cambridge, MA 02140, USA; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://fontawesome.com/. Privacy Policy: https://fontawesome.com/privacy.
Management, Organisation,and Utilities
We use services, platforms, and software from other providers (from now on referred to as ” third-party providers”) to organise, administer, plan, and provide our services. When selecting third-party providers and their services, we comply with legal requirements.
Within this context, personal data may be processed and stored on the servers of third-party providers. This may include various data that we process under this privacy policy. This data may consist of user master and contact data, data on processes, contracts, and other processes and their contents.
Suppose users are referred to the third-party providers or their software or platforms in the context of communication, business or other relationships with us. In that case, the third-party provider processing may process usage data and metadata that they can process for security purposes, service optimisation or marketing purposes. Please read the data protection notices of the respective third-party providers.
- Processed data types: Content data (e.g. textual or pictorial messages and contributions, as well as information about them, such as details of authorship or the time of creation.); Usage data (e.g. page views and duration of visit, click paths, intensity and frequency of use, types of devices and operating systems used, interactions with content and features); Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, involved parties). Contract data (e.g. contract object, duration, customer category).
- Data subjects: Communication partners (Recipients of e-mails, letters, etc.); users (e.g., website visitors, users of online services); and business and contractual partners.
- Processing purposes: Provision of contractual services and fulfillment of contractual obligations; office and organizational procedures; Web Analytics (e.g., access statistics, recognition of returning visitors); profiles with user-related information (Creating user profiles).
- Retention and deletion: Deletion by the information provided in the “General Information on Data Retention and Deletion” section.
- Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR).
Further information on processing methods, procedures and services used:
- DocuSign: Electronic signature of documents, sending documents for signature, tracking the status of documents, storage of signed documents
; Service provider: DocuSign, Inc., 221 Main Street Suite 1000 San Francisco, CA 94105, USA; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://www.docusign.com/; Privacy Policy: https://www.docusign.com/company/privacy-policy; Data Processing Agreement: https://www.docusign.com/legal/terms-and-conditions/data-protection-attachment; Basis for third-country transfers: EEA – Standard Contractual Clauses (https://www.docusign.com/legal/terms-and-conditions/data-protection-attachment), Switzerland – Standard Contractual Clauses (https://www.docusign.com/legal/terms-and-conditions/data-protection-attachment). Further Information: The processing as processor and controller is also carried out based on approved Binding Corporate Rules, which ensure a level of data protection by the requirements of the GDPR (Article 47 GDPR): https://www.docusign.com/trust/privacy/binding-corporate-rules. - HubSpot: Social media publishing, reporting (e.g. traffic sources, access figures, web analysis), contact management (e.g. contact forms, direct communication and user segmentation), landing pages; Service provider: HubSpot, Inc., 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Legal Basis: Legitimate Interests (Article 6 (1) (f) GDPR); Website: https://www.hubspot.de; Privacy Policy: https://legal.hubspot.com/de/privacy-policy; Data Processing Agreement: https://legal.hubspot.com/dpa. Basis for third-country transfers: EEA – Data Privacy Framework (DPF), Switzerland – Standard Contractual Clauses (https://legal.hubspot.com/dpa).
Changes and Updates
Please inform yourself regularly about the contents of our data protection declaration. We will adjust the privacy policy as changes in our data processing practices are necessary. We will inform you when the changes require your cooperation (e.g. consent) or other individual notification.
If we provide addresses and contact information of companies and organizations in this privacy policy, please note that addresses may change over time and verify the information before contacting us.
Supervisory authority competent for us:
Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg
Postfach 10 29 32
70025 Stuttgart
or:
Lautenschlagerstraße 20
70173 Stuttgart
Phone: 07 11/61 55 41-0
Email: [email protected]
Web: https://www.baden-wuerttemberg.datenschutz.de
Terminology and Definitions
This section will give you an overview of the terminology used in this privacy policy. Where the terminology is legally defined, their legal definitions apply. The following explanations, however, are primarily intended to aid understanding.
- Contact data: Contact details are essential information that enables communication with individuals or organisations. They include phone numbers, postal addresses, and email addresses, as well as means of communication like social media handles and instant messaging identifiers.
- Content Delivery Network (CDN): A “Content Delivery Network” (CDN) is a service with whose help contents of our online services, in particular large media files, such as graphics or scripts, can be delivered faster and more securely with the help of regionally distributed servers connected via the Internet.
- Content data: Content data comprises information generated in creating, editing, and publishing content of all types. This data category may include texts, images, videos, audio files, and other multimedia content published across various platforms and media. Content data are not limited to the content itself but also include metadata providing information about the content, such as tags, descriptions, authorship details, and publication dates.
- Contract data: Contract data are specific details about the formalisation of an agreement between two or more parties. They document the terms under which services or products are provided, exchanged, or sold. This data category is essential for managing and fulfilling contractual obligations and includes the identification of the contracting parties and the specific terms and conditions of the agreement. Contract data may encompass the start and end dates of the contract, the nature of the agreed-upon services or products, pricing arrangements, payment terms, termination rights, extension options, and special conditions or clauses. They serve as the legal foundation for the relationship between the parties and are crucial for clarifying rights and duties, enforcing claims, and resolving disputes.
- Controller: “Controller” means 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.
- Employees: Employees are engaged in an employment relationship, whether as staff, employees, or in similar positions. Employment is a legal relationship between an employer and an employee established through an employment contract or agreement. It entails the obligation of the employer to pay the employee remuneration while the employee performs their work. The employment relationship encompasses various stages, including establishment, where the employment contract is concluded; execution, where the employee carries out their work activities; and termination, when the employment relationship ends, whether through termination, mutual agreement, or otherwise. Employee data encompasses all information about these individuals within their employment context. This includes personal identification details, numbers, salary and banking information, working hours, holiday entitlements, health data, and performance assessments.
- Inventory data: Inventory data encompass essential information required for the identification and management of contractual partners, user accounts, profiles, and similar assignments. These data may include, among others, personal and demographic details such as names, contact information (addresses, phone numbers, email addresses), birth dates, and specific identifiers (user IDs). Inventory data form the foundation for formal interaction between individuals and services, facilities, or systems, enabling unique assignment and communication.
- Log data: Protocol data, or log data, refers to information regarding events or activities logged within a system or network. These data typically include details such as timestamps, IP addresses, user actions, error messages, and other specifics about the usage or operation of a system. Protocol data is often used to analyse system issues, monitor security, or generate performance reports.
- Meta-communication and process data: Meta-communication and procedural data contain information about how data is processed, transmitted, and managed. Meta-data, also known as data about data, include information that describes the context, origin, and structure of other data. They can consist of details about file size, creation date, the author of a document, and modification histories. Communication data capture the exchange of information between users across various channels, such as email traffic, call logs, messages in social networks, and chat histories, including the involved parties, timestamps, and transmission paths. Procedural data describes the processes and operations within systems or organisations, including workflow documentation, logs of transactions and activities, and audit logs used for tracking and verifying procedures.
- Payment Data: Payment data comprise all information necessary for processing payment transactions between buyers and sellers. This data is crucial for e-commerce, online banking, and any other form of financial transaction. It includes credit card numbers, bank account information, payment amounts, transaction dates, verification numbers, and billing information. Payment data may also contain information on payment status, chargebacks, authorisations, and fees.
- Personal Data: “Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Processing: The term “processing” covers a wide range and practically every data handling, be it collection, evaluation, storage, transmission or erasure.
- Profiles with user-related information: The processing of “profiles with user-related information”, or “profiles” for short, includes any automated processing of personal data that consists of using these personal data to analyse, evaluate or predict certain personal aspects relating to a natural person (depending on the type of profiling, this may include different information concerning demographics, behaviour and interests, such as interaction with websites and their content, etc.) (e.g. interests in specific content or products, click behaviour on a website or location). Cookies and web beacons are often used for profiling purposes.
- Usage data: Usage data refers to information that captures how users interact with digital products, services, or platforms. These data encompass a wide range of information that demonstrates how users utilise applications, which features they prefer, how long they spend on specific pages, and through what paths they navigate an application. Usage data can also include the frequency of use, timestamps of activities, IP addresses, device information, and location data. They are precious for analysing user behaviour, optimising user experiences, personalising content, and improving products or services. Furthermore, usage data play a crucial role in identifying trends, preferences, and potential problem areas within digital offerings.
- Web Analytics: Web Analytics evaluates visitor traffic to online services and can determine their behaviour or interests in specific information, such as the content of websites. With the help of web analytics, website owners, for example, can recognise when visitors visit their website and what content they are interested in. This enables them, for example, to better adapt their websites’ content to their visitors’ needs. For web analytics purposes, pseudonymous cookies and web beacons are often used to recognise returning visitors and thus obtain more precise analyses of an online service.