Privacy policy – yoummday
Privacy policy for visitors of our website
Introduction
With the following data protection declaration, we would like to inform you about the types of your personal data (hereinafter also referred to as "data") that we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both as part of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer").
The terms used are not gender-specific.
Status: 29. January 2024
Table of contents
- Introduction
- Responsible
- Contact Data Protection Officer
- Overview of the processing
- Relevant legal bases
- Security measures
- Transmission of personal data
- Data processing in third countries
- Data deletion
- Use of cookies
- Business services
- Payment procedure
- Credit check
- Provision of the online offer and web hosting
- Special notes on applications (apps)
- Registration, login and user account
- Blogs and publication media
- Contact and enquiry management
- Communication via messenger
- Chatbots and chat functions
- Video conferencing, online meetings, webinars and screen sharing
- Application procedure
- Cloud services
- Promotional emails and electronic notifications
- Promotional communication via e-mail, post, fax or telephone
- Web analysis, monitoring and optimization
- Online marketing
- Customer reviews and rating procedures
- Presence in social networks (social media)
- Plugins and embedded functions and content
- Management, organisation and auxiliary tools
- Amendment and update of the privacy policy
- Rights of the data subjects
- Definitions of terms
Responsible
Yoummday GmbH
Infanteriestraße 11A
80797 Munich
Tel: +49 89 231 6600 00
Authorised representatives:
Dr Klaus Harisch, Pablo Harisch, Frank Moser, Claas van Delden
E-mail address:
info@yoummday.com
Contact Data Protection Officer
datenschutz@yoummday.com
Overview of the processing
The following overview summarises the types of data processed and the purposes of their processing and refers to the data subjects.
Types of data processed
- Inventory data.
- Payment details.
- Location data.
- Contact details.
- Content data.
- Contract data.
- Usage data.
- Meta/communication data.
- Applicant data.
- Picture and/or video recordings.
- Sound recordings.
- Event data (Facebook).
Categories of persons concerned
- Customers.
- Talents.
- Employees.
- Interested parties.
- Communication partner.
- Users.
- Applicants.
- Business and contractual partners.
Purposes of the processing
- Provision of contractual services and customer service.
- Contact requests and communication.
- Safety measures.
- Direct marketing.
- Reach measurement.
- Office and organisational procedures.
- Remarketing.
- Conversion measurement.
- Managing and responding to enquiries.
- Application procedure.
- Content Delivery Network (CDN).
- Feedback.
- Marketing.
- Profiles with user-related information.
- Target group formation.
- Provision of our online offer and user-friendliness.
- Geodata localisation for the purpose of fraud prevention.
- Assessment of creditworthiness and credit standing.
- Payment services within the scope of customer orders (including remuneration of talents).
Automated decisions in individual cases
Credit report.
Relevant legal bases
Below you will find an overview of the legal basis of the GDPR on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. Should more specific legal bases be relevant in individual cases, we will inform you of these in the data protection declaration.
- Consent (Art. 6 para. 1 p. 1 lit. a. GDPR) - The data subject has given his/her consent to the processing of his/her personal data for one or more specific purposes.
- Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR) - Processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject's request.
- Legal obligation (Art. 6 para. 1 p. 1 lit. c. GDPR) - Processing is necessary for compliance with a legal obligation to which the controller is subject.
- Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR) - Processing is necessary to protect the legitimate interests of the controller or a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
- Application procedure as a pre-contractual or contractual relationship (Art. 9(2)(b) GDPR) - Insofar as special categories of personal data within the meaning of Art. 9(1) GDPR (e.g. health data, such as severely disabled status or ethnic origin) are requested from applicants in the context of the application procedure so that the controller or the data subject can exercise the rights accruing to him or her under labour law and social security and social protection law and fulfil his or her obligations in this respect, they are processed in accordance with Art. 9(2)(b). If the data protection officer or the data subject asks for data from job applicants (e.g. health data such as severely disabled person or ethnic origin) so that the data protection officer or the data subject can exercise his or her rights under labour law and social security law and fulfil his or her obligations in this respect, the data is processed in accordance with Art. 9 (2) lit. b. GDPR, in the case of the protection of vital interests of the applicants or other persons pursuant to Art. 9 para. 2 lit. c. GDPR or for the purposes of preventive health care or occupational medicine, for the assessment of the employee's fitness for work, for medical diagnostics, care or treatment in the health or social sector or for the management of systems and services in the health or social sector pursuant to Art. 9 para. 2 lit. h. GDPR. In the case of a communication of special categories of data based on voluntary consent, their processing is based on Art. 9 para. 2 lit. a. GDPR.
In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act - BDSG). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, the processing for other purposes and the transmission and automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships as well as the consent of employees. Furthermore, data protection laws of the individual federal states may apply.
Security measures
We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data, as well as access, input, disclosure, securing of availability and segregation of the data. We also have procedures in place to ensure the exercise of data subjects' rights, the deletion of data and responses to data compromise. Furthermore, we already take the protection of personal data into account in the development or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
Shortening of the IP address: If IP addresses are processed by us or by the service providers and technologies used and the processing of 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 shortening of the IP address is intended to prevent or make it significantly more difficult to identify a person by their IP address.
SSL encryption (https): In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognise such encrypted connections by the prefix https:// in the address line of your browser.
Transmission of personal data
In the course of our processing of personal data, the data may be transferred or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.
Data transfer within the group of companies or organisation: We may transfer personal data to other companies within our group of companies or organisation or grant them access to this data. Insofar as this transfer is for administrative purposes, the transfer of the data is based on our legitimate corporate and business interests or takes place insofar as it is necessary for the fulfilment of our contract-related obligations or if the consent of the data subjects or a legal permission exists.
Data processing in third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this will only be done in accordance with the statutory requirements.
Subject to express consent or contractually or legally required transfer, we only process or allow data to be processed in third countries with a recognised level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission).
Data deletion
The data processed by us will be deleted in accordance with the legal requirements as soon as their consents permitted for processing are revoked or other permissions cease to apply (e.g. if the purpose of processing this data no longer applies or if it is not required for the purpose).
If the data are not deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means, the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose storage is necessary for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person.
As part of our privacy notices, we may provide users with further information on the deletion and retention of data specific to the processing operation.
Use of cookies
Cookies are small text files or other memory notes that store information on end devices and read information from the end devices. For example, to be able to save the login status in a user account, the contents of a shopping basket in an e-shop, the contents called up or the functions used in an online offer. Cookies can also be used for various purposes, e.g. for the purpose of functionality, security and comfort of online offers as well as the creation of analyses of visitor flows.
Consent notices: We use cookies in accordance with the law. We therefore obtain prior consent from users, except where this is not required by law. In particular, consent is not required if the storage and reading of information, i.e. including cookies, is absolutely necessary in order to provide the user with a telemedia service (i.e. our online offer) expressly requested by the user. The revocable consent is clearly communicated to the users and contains the information on the respective cookie use.
Notes on legal bases under data protection law: The legal basis under data protection law on which we process users' personal data with the help of cookies depends on whether we ask users for their consent. If users consent, the legal basis for processing their data is their declared consent. Otherwise, the data processed using cookies is processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and improvement of its usability) or, if this is done in the context of the performance of our contractual obligations, if the use of cookies is necessary to fulfil our contractual obligations. We explain the purposes for which we process the cookies in the course of this data protection declaration or as part of our consent and processing procedures.
Storage duration: With regard to the storage duration, the following types of cookies are distinguished:
- Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed their end device (e.g. browser or mobile app).
- Permanent cookies: Permanent cookies remain stored even after the end device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, user data collected with the help of cookies can be used to measure reach. Unless we provide users with explicit information about the type and storage duration of cookies (e.g. when obtaining consent), users should assume that cookies are permanent and that they can be stored for up to two years.
General information on revocation and objection (opt-out): Users can revoke the consent they have given at any time and also file an objection to processing in accordance with the legal requirements in Art. 21 GDPR (further information on the objection is provided within the scope of this data protection declaration). Users can also declare their objection using the settings of their browser.
Further guidance on processing operations, procedures and services:
- Processing of cookie data on the basis of consent: We use a cookie consent management procedure in which the consent of users to the use of cookies, or to the processing and providers mentioned in the cookie consent management procedure, can be obtained and managed and revoked by users. The declaration of consent is stored in order not to have to repeat the request and to be able to prove the consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie or with the help of comparable technologies) in order to be able to assign the consent to a user or their device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. A pseudonymous user identifier is created and stored with the time of consent, information on the scope of consent (e.g. which categories of cookies and/or service providers) and the browser, system and end device used.
Business services
We process data of our contractual and business partners, e.g. customers and talents (collectively referred to as "contractual partners") in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with contractual partners (or pre-contractual), e.g. to answer enquiries.
We process this data in order to fulfil our contractual obligations. These include, in particular, the obligations to provide the agreed services, any update obligations and remedies in the event of warranty and other service disruptions. Furthermore, we process the data to safeguard our rights and for the purpose of the administrative tasks associated with these obligations as well as the company organisation. Furthermore, we process the data on the basis of our legitimate interests in proper and 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 aforementioned purposes or to fulfil legal obligations. Contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the framework of this data protection declaration.
We inform the contractual partners of the data required for the above-mentioned purposes before or in the course of data collection, e.g. in online forms, by means of special labelling (e.g. colours) or symbols (e.g. asterisks or similar), or in person.
We delete the data after the expiry of statutory warranty and comparable obligations, i.e., generally after 3 years, unless the data is stored in a customer account, e.g., as long as it must be retained for legal archiving reasons (e.g., for tax purposes, usually 10 years). We delete data disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, in principle after the end of the order.
Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Economic analyses and market research
For business reasons and in order to be able to recognise market trends, wishes of contractual partners and users, we analyse the data we have on business transactions, contracts, enquiries, etc., whereby the group of persons concerned may include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyses are carried out for the purpose of business evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). Where available, we may take into account the profiles of registered users together with their details, e.g. services used. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised, i.e. anonymised values. Furthermore, we take the privacy of users into consideration and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g. as summarised data).
Offer software and platform services
We process the data of our users, registered users and any test users (hereinafter uniformly referred to as "users") in order to be able to provide our contractual services to them and on the basis of legitimate interests in order to ensure the security of our offer and to be able to develop it further. The required information is identified as such in the context of the conclusion of the order, purchase order or comparable contract and includes the information required for the provision of services and billing as well as contact information in order to be able to hold any consultations.
Mediation services
We process the information provided by Talents and clients as part of the contract or order initiation process for the purposes of establishing, implementing and, if applicable, terminating a contract as well as for the placement of Talents as part of client projects.
We use the Talents' contact details to process their enquiry via the agreed or otherwise permitted communication channel (e.g. telephone or e-mail), to specify the individual assignment framework and to propose suitable client projects or offers to them.
We use the clients' contact details to process their enquiry via the agreed or otherwise permitted communication channel (e.g. telephone or email), to specify individual project requirements and to propose suitable talents to them. In addition, we can ask clients questions about the success of our placement service or their project at a later date, in accordance with legal requirements.
We process both the Talents' and the clients' data for the fulfilment of our contractual obligations in order to link the Talents' placement requests submitted to us with suitable project requests from our clients and to forward them to the corresponding clients or to propose client projects to them.
We may log the entries of the requests made to us in order to be able to prove the existence of the contractual relationship and agreements of the respective contractual partners in accordance with the legal accountability obligations (Art. 5 para. 2 GDPR). This information will be stored for a period of three to four years in case we need to prove the original request (e.g. to be able to prove the authorisation to contact our contractual partners).
- Types of data processed: inventory data (e.g. names, addresses); payment data (e.g. bank details, invoices, payment history); contact data (e.g. e-mail, telephone numbers); contract data (e.g. subject matter of contract, term, customer category); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
- Persons concerned: Interested parties; business and contractual partners; customers, talents.
- Purposes of processing: provision of contractual services and customer service; contact requests and communication; office and organisational procedures; managing and responding to requests; conversion measurement (measuring the effectiveness of marketing activities); profiles with user-related information (creating user profiles).
- Legal basis: Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR); Legal obligation (Art. 6 para. 1 p. 1 lit. c. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Consent (Art. 6 para. 1 p. 1 lit. a. GDPR).
Further guidance on processing operations, procedures and services:
- HubSpot: Customer management, process and sales support software (multi-channel communication, i.e. management of customer enquiries from different channels, sales, process management, analyses, feedback and survey functions); service provider: HubSpot, Inc, 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Legal basis: Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Website; Privacy policy; Data processing agreement; Standard contractual clauses (ensuring level of data protection for processing in third countries).
- Make: Visualization platform for workflow automation; Service for submitting contact form data for process and sales support (esp. management of user requests via our website, sales, process management, analyses); Service provider: Celonis, Inc., One World Trade Center, 87th Floor, New York, NY, 10007, USA; Legal basis: Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Website; Privacy policy; Data processing agreement; Standard contractual clauses (ensuring level of data protection for processing in third countries).
Payment procedure
Within the framework of contractual and other legal relationships, due to legal obligations or otherwise on the basis of our legitimate interests, we offer our business partners (e.g. Talents, customers) efficient and secure payment procedures and use other service providers for this purpose in addition to banks and credit institutions (collectively "payment service providers").
The data processed by the payment service providers includes inventory data, such as the name and address, contact data, such as the e-mail address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract, sum and recipient-related information. We only process this information insofar as it is necessary to carry out transactions within the framework of the respective agreed payment procedure. The data entered is only processed by the payment service providers and stored by them. I.e. we do not receive any account or credit card-related information, but only information with confirmation or negative information of the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to the general terms and conditions and the data protection information of the payment service providers.
The terms and conditions and data protection notices of the respective payment service providers apply to the payment transactions and can be accessed within the respective websites or transaction applications. We also refer to these for further information and the assertion of revocation, information and other data subject rights.
- Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail address), payment data (e.g. bank details, invoices, payment history); contract data (e.g. subject matter of contract, term, customer category); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
- Affected persons: Customers; Interested parties.
- Purposes of processing: provision of contractual services and customer service.
- Legal basis: Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- PayPal: payment processing services (e.g. PayPal, PayPal Plus, Braintree); service provider: PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg; Website; Privacy policy.
Credit check
If we make advance payments or enter into comparable economic risks (e.g. when ordering on account), we reserve the right to obtain identity and creditworthiness information for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from service companies specialised in this field (credit agencies) in order to safeguard our legitimate interests.
We process the information received from the credit agencies on the statistical probability of a payment default within the framework of an appropriate discretionary decision on the establishment, implementation and termination of the contractual relationship. We reserve the right to refuse payment on account or other advance performance in the event of a negative result of the credit check.
In accordance with Art. 22 GDPR, the decision as to whether we provide advance payment is made solely on the basis of an automated decision in the individual case, which is made by our software on the basis of the information provided by the credit agency.
If we obtain express consent from contractual partners, the legal basis for the credit rating information and the transmission of the customer's data to the credit agencies is the consent. If no consent is obtained, the creditworthiness information is provided on the basis of our legitimate interests in the default security of our payment claims.
- Types of data processed: inventory data (e.g. names, addresses); payment data (e.g. bank details, invoices, payment history); contact data (e.g. e-mail, telephone numbers); contract data (e.g. subject matter of contract, term, customer category).
- Affected persons: Customers; Interested parties.
- Purposes of processing: assessment of creditworthiness and credit standing.
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
- Automated decisions in individual cases: creditworthiness information (decision based on a credit check).
Further guidance on processing operations, procedures and services:
- Creditsafe: Credit agency; Service provider: Creditsafe Deutschland GmbH, Schreiberhauerstr. 30, 10317 Berlin, Germany; website; privacy policy.
Provision of the online offer and web hosting
In order to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.
The data processed as part of the provision of the hosting offer may include all information relating to the users of our online offer that is generated as part of the use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.
- Types of data processed: Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: provision of our online offer and user-friendliness; content delivery network (CDN); provision of contractual services and customer service.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- E-mail dispatch and hosting: The web hosting services we use also include the dispatch, receipt and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for the purpose of recognising SPAM. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption procedure is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server.
- Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files may include the address and name of the web pages and files accessed, the date and time of the access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files may be used for security purposes, for example, to prevent server overload (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure server utilisation and stability; deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymised. Data whose further storage is required for evidentiary purposes is exempt 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 the help of which the content of an online offer, in particular large media files such as graphics or programme scripts, can be delivered faster and more securely with the help of regionally distributed servers connected via the Internet.
- IONOS by 1&1: Web hosting, managed hosting; Service provider: 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany; Website; Privacy policy; Order processing contract.
- Hetzner: Managed hosting and data centre services, provision and operation of server infrastructure and security services; service provider: Hetzner Online GmbH, Industriestr. 25, 91710, Gunzenhausen, Germany; Website; Privacy Policy.
- Cloudflare: Content Delivery Network (CDN) - service with the help of which the content of an online offer, in particular large media files such as graphics or programme 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; Website; Privacy policy; Order processing agreement; Standard contractual clauses (guaranteeing the level of data protection for processing in third countries).
Special notes on applications (apps)
We process the data of the users of our application insofar as this is necessary to provide the application and its functionalities to the users, to monitor its security and to further develop it. We may also contact users in compliance with the legal requirements if the communication is necessary for the purposes of administration or use of the application. In addition, we refer to the data protection information in this data protection declaration with regard to the processing of the users' data.
Legal basis: The processing of data required for the provision of the functionalities of the application serves the fulfilment of contractual obligations. This also applies if the provision of the functions requires user authorisation (e.g. release of device functions). If the processing of data is not necessary for the provision of the functionalities of the application, but serves the security of the application or our business interests (e.g. collection of data for purposes of optimising the application or security purposes), it is carried out on the basis of our legitimate interests. If users are expressly asked to consent to the processing of their data, the processing of the data covered by the consent is based on the consent.
- Types of data processed: inventory data (e.g. names, addresses); meta/communication data (e.g. device information, IP addresses); payment data (e.g. bank details, invoices, payment history); contract data (e.g. subject matter of contract, term, customer category); image and/or video recordings (e.g. photographs or video recordings of a person); sound recordings; location data (information on the geographical position of a device or a person).
- Affected persons: Users or business partners (talents).
- Purposes of processing: provision of contractual services and customer service; geo-data localisation, push messages.
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- Commercial use: We process the data of the users of our application, registered and any test users (hereinafter uniformly referred to as "users") in order to be able to provide our contractual services to them and on the basis of legitimate interests in order to be able to guarantee the security of our application and to develop it further. The required information is identified as such in the context of the conclusion of the use, order, purchase order or comparable contract and may include the information required for the provision of services and for any billing as well as contact information in order to be able to hold any consultations.
- Storage of a Universally Unique Identifier (UUID): The application stores a so-called Universally Unique Identifier (UUID) for the purpose of analysing the use and functionality of the application and storing the user's settings. This identifier is generated when this application is installed (but is not linked to the device, so it is not a device identifier in this sense), remains stored between the launch of the application and its updates, and is deleted when users remove the application from their device.
- Storage of a pseudonymous identifier: In order to provide the application and ensure its functionality, we use a pseudonymous identifier. The identifier is a mathematical value (i.e. no plain data, such as names, is used) associated with a device and/or the installation of the application installed on it. This identifier is generated when this application is installed, remains stored between the launch of the application and its updates, and is deleted when users remove the application from the device.
- Device authorisations for access to functions and data: The use of our application or its functionalities may require user authorisations for access to certain functions of the devices used or to the data stored on the devices or accessible with the help of the devices. By default, these permissions must be granted by the users and can be revoked at any time in the settings of the respective devices. The exact procedure for controlling app permissions may depend on the users' device and software. Users can contact us if they need clarification. We point out that the denial or revocation of the respective permissions may affect the functionality of our app.
- Access to the camera and stored recordings: If, for example, video telephony or video conferencing services or authentication procedures that require access to the camera function are offered for the purpose of contract fulfilment, image and/or video recordings (whereby audio recordings are also included) of the users (and of other persons covered by the recordings) are processed by accessing camera functions or stored recordings when using our application. Access to the camera functions or stored recordings requires an authorisation by the users that can be revoked at any time. The processing of the image and/or video recordings only serves to provide the respective functionality of our application, according to its description to the users, or its typical and expected functionality.
- Use of microphone functions: If, for example, telephony or communication services or authentication procedures that require access to the microphone function are offered for the purpose of fulfilling the contract, the microphone functions and audio recordings captured with its help are processed when using our application. The use of the microphone functions requires user authorisation, which can be revoked at any time. The use of the microphone functions and audio data only serves to provide the respective functionality of our application, in accordance with its description to the users, or its typical and expected functionality.
- Processing of stored contacts: Within the scope of the use of our application, the contact information of persons (name, e-mail address, telephone number) stored in the contact directory of the device is processed. The use of the contact information requires an authorisation of the users, which can be revoked at any time. The use of the contact information only serves to provide the respective functionality of our application, according to its description to the users, or its typical and expected functionality. Users are advised that permission to process the contact information must be allowed and, in the case of natural persons in particular, it requires their consent or legal permission.
- Processing of location data (geodata localisation): As part of the use of our application, the location data collected from the device used or otherwise entered by the users are processed. The use of location data requires user authorisation, which can be revoked at any time. The use of the location data only serves to provide the respective functionality of our application, in accordance with its description to the users, or its typical and expected functionality.
- MaxMind: Geodata localisation for the purpose of fraud prevention; Service provider: MaxMind, Inc. 51 Pleasant Street, # 1020 Malden Massachusetts, USA; website; privacy policy; security information.
Registration, login and user account
Talents (and, if necessary, customers) receive access to our platform via their own user account. Within the scope of registration or provision, the required mandatory data is communicated to the aforementioned users and processed for the purpose of providing the user account on the basis of contractual obligation fulfilment. The processed data includes in particular the login information (user name, password and an e-mail address).
Within the scope of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorised use. As a matter of principle, this data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so.
Users can be informed by e-mail about processes that are relevant to their user account, such as technical changes.
- Types of data processed: inventory data (e.g. names); contact data (e.g. e-mail addresses, telephone numbers); content data (e.g. entries in online forms); meta/communication data (e.g. device information, IP addresses).
- Affected persons: Platform users (here, however, exclusively talents, customers).
- Purposes of processing: provision of contractual services (including onboarding of our Talents) and customer service; security measures; managing and responding to enquiries.
- Legal basis: Contract performance (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- HubSpot: Customer management, process and sales support software (multi-channel communication, i.e. management of customer enquiries from different channels, sales, process management, analyses, feedback and survey functions); service provider: HubSpot, Inc, 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Legal basis: Contractual performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Website; Privacy policy; Order processing agreement; Standard contractual clauses (ensuring level of data protection for processing in third countries).
- Multi-factor authentication: Multi-factor authentication provides an additional layer of security for your user account and ensures that only you can access your account, even if someone else knows your password. For this purpose, you will need to perform at least one additional authentication measure (e.g. enter a code sent to a mobile device) in addition to your password. We will inform you about the procedure we use.
- Deletion or retention periods of data: The platform is used for the purpose of fulfilling or executing the contract. The deletion of data is governed by the respective contractual agreements and the applicable statutory retention obligations. Taking this into account, we are entitled to irretrievably delete all user data stored during the term of the contract.
Blogs and publication media
We use blogs or comparable means of online communication and publication (hereinafter "publication medium"). Readers' data are processed for the purposes of the publication medium only 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 data protection notice.
- Types of data processed: Inventory data (e.g. names of editors).
- Data subjects: Users (e.g. editors, website visitors).
- Purposes of processing: provision of contractual services and customer service.
- Legal basis: Contract performance (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Contact and enquiry management, customer management
When contacting us (e.g. by contact form, email, telephone or via social media) as well as in the context of existing user and business relationships, the information of the inquiring persons is processed to the extent necessary to respond to the contact requests and any requested measures.
The answering of contact enquiries as well as the administration of contact and enquiry data within the framework of contractual or pre-contractual relationships is carried out in order to fulfil our contractual obligations or to answer (pre-)contractual enquiries and, moreover, on the basis of the legitimate interests in answering enquiries and maintaining user or business relationships.
- Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
- Affected persons: Communication partner.
- Purposes of processing: contact requests and communication; provision of contractual services and customer service; direct marketing (e.g. by email or post).
- Legal basis: Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Legal obligation (Art. 6 para. 1 p. 1 lit. c. GDPR); Consent (Art. 6 para. 1 p. 1 lit. a. GDPR).
Further guidance on processing operations, procedures and services:
- Contact form: If users contact us via our contact form, e-mail or other communication channels, we process the data communicated to us in this context for the purpose of processing the communicated request. For this purpose, we process personal data in the context of pre-contractual and contractual business relationships, insofar as this is necessary for their fulfilment, and otherwise on the basis of our legitimate interests as well as the interests of the communication partners in responding to the concerns and our statutory retention obligations.
- HubSpot: Processing of business online inquiries as well as process and sales support with personalized customer care with multi-channel communication, i.e., management of customer inquiries from various channels as well as with analysis and feedback functions; Service provider: HubSpot, Inc., 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Legal Grounds: Contract performance and pre-contractual inquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Website; Privacy Policy; Order Processing Agreement; Standard Contractual Clauses (ensuring level of data protection for processing in third countries).
- Make: Visualization platform for workflow automation; Service for submitting contact form data for process and sales support (esp. management of user requests via our website, sales, process management, analyses); Service provider: Celonis, Inc., One World Trade Center, 87th Floor, New York, NY, 10007, USA; Legal basis: Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Website; Privacy policy; Data processing agreement; Standard contractual clauses (ensuring level of data protection for processing in third countries).
- MessageBird: cross-channel communication platform; service provider: MessageBird B.V. , Trompenburgstraat 2C, 1079 TX Amsterdam, The Netherlands; Website; Privacy policy; Security information;
- Microsoft Teams: messenger and conferencing software; service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; website; privacy policy, security notices; standard contractual clauses (ensuring level of data protection for processing in third countries).
- Microsoft Cloud Services: cloud storage, cloud infrastructure services and cloud-based application software; service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; Website; Privacy Policy, Security Notice; Order processing contract; Standard contractual clauses (ensuring level of data protection for processing in third countries).
- Salesforce: Management or processing of customer and prospect data for customer relationship management (CRM) and sales purposes (sales management); Service provider: salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 Munich, Germany; Website; Privacy policy; Order processing agreement; Standard contractual clauses (guaranteeing the level of data protection for processing in third countries); Further information: Data Transfer Impact Assessment &Salesforce Services: Salesforce Services.
- Zendesk: Management/processing of contact requests and communication; Service provider: Zendesk, Inc., 989 Market Street #300, San Francisco, CA 94102, USA; website; privacy policy; standard contractual clauses (ensuring level of data protection for processing in third countries): Binding internal data protection regulations as a basis for US data transfers.
Communication via messenger
We use messengers for communication purposes and therefore ask you to observe the following information on the functionality of the messengers, on encryption, on the use of the metadata of the communication and on your objection options.
You can also contact us by alternative means, e.g. via telephone or e-mail. Please use the contact options provided to you or the contact options indicated within our online offer.
In the case of end-to-end encryption of 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 attached images) is encrypted from end to end. This means that the content of the messages cannot be viewed, not even by the messenger providers themselves. You should always use an up-to-date version of messengers with encryption enabled to ensure that the message content is encrypted.
However, we also point out to our communication partners that the providers of the messengers cannot view the content, but can find out that and when communication partners communicate with us and that technical information on the device used by the communication partners and, depending on the settings of their device, also location information (so-called metadata) is processed.
Notes on legal basis: If we ask communication partners for permission before communicating with them via Messenger, the legal basis for our processing of their data is their consent. Otherwise, if we do not ask for consent and they contact us on their own initiative, for example, we use Messenger in relation to our contractual partners as well as in the context of contract initiation as a contractual measure and, in the case of other interested parties and communication partners, on the basis of our legitimate interests in fast and efficient communication and meeting the needs of our communication partners in communication via Messenger. Furthermore, we would like to point out that we do not transmit the contact data provided to us to the Messenger for the first time without your consent.
Revocation, objection and deletion: You can revoke consent given and object to communication with us via Messenger at any time. In the case of communication via Messenger, we delete the messages in accordance with our general deletion guidelines (i.e., e.g., as described above, after the end of contractual relationships, in the context of 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 and the deletion does not conflict with any statutory retention obligations.
Reservation of reference to other communication channels: Finally, we would like to point out that we reserve the right not to answer enquiries via Messenger for reasons of your security. This is the case if, for example, internal contractual information requires special confidentiality or an answer via Messenger does not meet formal requirements. In such cases, we will refer you to more adequate communication channels.
- Types of data processed: contact data (e.g. e-mail, telephone numbers); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses); content data (e.g. entries in online forms).
- Affected persons: Communication partner.
- Purposes of processing: contact requests and communication; direct marketing (e.g. by e-mail or post).
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR).
Further guidance on processing operations, procedures and services:
- MessageBird: cross-channel communication platform; service provider: MessageBird B.V. , Trompenburgstraat 2C, 1079 TX Amsterdam, The Netherlands; Website; Privacy policy; Security information;
- Microsoft Teams: Microsoft Teams - Messenger; Service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; Website; Privacy policy; Security notices; Standard contractual clauses (ensuring level of data protection for processing in third countries).
- Skype: Skype Messenger with end-to-end encryption - Skype's end-to-end encryption requires it to be enabled (unless it should be enabled by default); Service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; website; privacy policy; security information.
- WhatsApp Business: WhatsApp Messenger with end-to-end encryption; service provider: WhatsApp Ireland Limited, 4 Grand Canal Quay, Dublin 2, D02 KH28, Ireland; website; privacy policy.
Video conferencing, online meetings, webinars and screen sharing
We use platforms and applications of other providers (hereinafter referred to as "conference platforms") for the purpose of conducting video and audio conferences, webinars and other types of video and audio meetings (hereinafter collectively referred to as "conference"). When selecting the conference platforms and their services, we observe the legal requirements.
Data processed by conference platforms: In the context of participation in a conference, the conference platforms process the personal data of the participants mentioned below. 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 on the other hand on which optional information is provided by the participants. In addition to processing for the purpose of conducting the conference, participants' data may also be processed by the conference platforms for security purposes or service optimisation. The data processed includes personal data (first name, surname), contact information (e-mail 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 of the communications, 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 the communications is encrypted to the extent technically provided by the conference providers. If participants are registered as users with the conference platforms, then further data may be processed in accordance with the agreement with the respective conference provider.
Logging and recordings: If text entries, participation results (e.g. from surveys) as well as video or audio recordings are logged, this will be transparently communicated to the participants in advance and they will be asked for consent - if necessary.
Data protection measures of the participants: Please note the details of the processing of your data by the conference platforms and select the optimal security and data protection settings for you within the framework of the settings of the conference platforms. Furthermore, please ensure data and privacy protection in the background of your recording for the duration of a videoconference (e.g. by notifying fellow participants, locking doors and using the function to make the background unrecognisable, if technically possible). Links to the conference rooms as well as access data, may not be passed on to unauthorised third parties.
Notes on legal bases: If, in addition to the conference platforms, we also process users' data and ask users for their consent to use the conference platforms 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 for the fulfilment of our contractual obligations (e.g. in participant lists, in the case of processing of conference results, etc.). Otherwise, user data is processed on the basis of our legitimate interests in efficient and secure communication with our communication partners.
- Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
- Data subjects: Communication partners; users (e.g. website visitors, users of online services).
- Purposes of processing: provision of contractual services and customer service; contact requests and communication; office and organisational procedures.
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- Big Blue Button: Hosting and operation of an open source-based video conferencing solution; Service provider: invokable GmbH, Kratzberger Straße 9, 42855 Remscheid; Website; Privacy policy.
- Discord: instant messaging, chat, voice conferencing and video conferencing; service provider: Discord, Inc, 444 De Haro St, Suite 200, San Francisco, California 94107, USA; website; privacy policy.
- Google Hangouts / Meet: messenger and conferencing software; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website; privacy policy; order processing contract; standard contractual clauses (ensuring level of data protection for processing in third countries).
- MessageBird: cross-channel communication platform; service provider: MessageBird B.V. , Trompenburgstraat 2C, 1079 TX Amsterdam, The Netherlands; Website; Privacy policy; Security information;
- Skype: messenger and conferencing software; service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; website; privacy policy; security information.
- Zoom: video conferencing, web conferencing and webinars; service provider: Zoom Video Communications, Inc., 55 Almaden Blvd, Suite 600, San Jose, CA 95113, USA; Website; Privacy Policy; Data Processing Agreement (referred to as Global DPA); Standard Contractual Clauses (ensuring level of data protection for processing in third countries) (referred to as Global DPA).
Application procedure
If you use the online application procedure on this website, we also refer you to the relevant data protection information of our online application procedure.
Our application procedure basically requires that applicants provide us with the data necessary for their assessment and selection. The information required can be found in the job description or, in the case of online forms, in the details provided there.
In principle, the required information includes personal information such as the name, address, a means of contact and proof of the qualifications required for a position. Upon request, we will be happy to provide additional information on which details are required.
If provided, applicants can send us their applications using an online form. The data will be transmitted to us in encrypted form using state-of-the-art technology. Applicants can also send us their applications by e-mail. Please note, however, that e-mails sent via the Internet are generally not encrypted. As a rule, e-mails are encrypted in transit, but not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the application between the sender and the reception on our server.
For the purposes of searching for applicants, submitting applications and selecting applicants, we may use applicant management or recruitment software and platforms and services from third party providers in compliance with legal requirements.
Applicants are welcome to contact us regarding the method of submission of the application or to send us the application by post.
Processing of special categories of data: Insofar as special categories of personal data within the meaning of Art. 9 (1) of the GDPR (e.g. health data, such as severely disabled status or ethnic origin) are requested from applicants in the context of the application procedure in order for the controller or the data subject to exercise the rights accruing to him or her under labour law and social security and social protection law and to comply with his or her obligations in this regard, their processing is carried out in accordance with Art. 9 (2) (b) of the GDPR. GDPR, in the case of the protection of vital interests of the applicants or other persons pursuant to Art. 9 para. 2 lit. c. GDPR or for the purposes of preventive health care or occupational medicine, for the assessment of the employee's fitness for work, for medical diagnostics, for care or treatment in the health or social sector or for the management of systems and services in the health or social sector pursuant to Art. 9 para. 2 lit. h. GDPR. In the case of a communication of the special categories of data based on voluntary consent, their processing is based on Art. 9 (2) lit. a. GDPR.
Deletion of data: The data provided by applicants may be further processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a vacancy is unsuccessful, the applicants' data will be deleted. Applicants' data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time. The deletion will take place, subject to a justified withdrawal by the applicants, at the latest after the expiry of a period of six months to enable us to answer any follow-up questions about the application and to comply with our obligations to provide evidence under the Equal Treatment of Applicants Regulations. Invoices for any reimbursement of travel expenses will be archived in accordance with tax law requirements.
Inclusion in an applicant pool: Inclusion in an applicant pool, if offered, is based on consent. Applicants are informed that their consent to be included in the talent pool is voluntary, has no influence on the current application process and that they can revoke their consent at any time for the future.
- Types of data processed: Applicant data (e.g. personal details, postal and contact addresses, the documents belonging to the application and the information contained therein, such as cover letter, CV, certificates and other information provided with regard to a specific position or voluntarily by applicants regarding their person or qualifications).
- Persons concerned: Applicants.
- Purposes of the processing: application procedure (establishment and possible subsequent implementation as well as possible subsequent termination of the employment relationship).
- Legal basis: Application procedure as a pre-contractual or contractual relationship (Art. 9 para. 2 lit. b GDPR).
Further guidance on processing operations, procedures and services:
- LinkedIn Recruiter: job search and application-related services within the LinkedIn platform; service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; website; T&Cs; privacy policy; order processing contract.
- Personio: provision and operation of a personnel administration and applicant management software; maintenance and support; service provider: Personio GmbH, Rundfunkplatz 4, 80335 Munich, Germany; website; privacy policy.
- Stepstone: Provision and operation of a recruiting platform; Service provider: StepStone Deutschland GmbH, Völklinger Straße 1, 40219 Düsseldorf, Germany; Website; Privacy policy.
- Xing: Job search and application-related services within the Xing platform; service provider: XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany; website; privacy policy.
Cloud services
We use software services accessible via the Internet and running on the servers of their providers (so-called "cloud services", also referred to as "software as a service") for the following purposes: document storage and management, customer management, calendar management, sending e-mails, spreadsheets and presentations, exchanging documents, content and information with specific recipients or publishing web pages, forms or other content and information, as well as chats and participation in audio and video conferences.
In this context, personal data may be processed and stored on the servers of the providers, insofar as these are part of communication processes with us or are otherwise processed by us as set out in the context of this privacy policy. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their contents. The cloud service providers also process usage data and metadata used by them for security purposes and service optimisation.
If we use cloud services to provide forms or other documents and content to other users or publicly accessible websites, the providers may store cookies on users' devices for the purposes of web analytics or to remember users' settings (e.g. in the case of media control).
Notes on legal bases: If we ask for consent to use the cloud services, the legal basis of the processing is consent. Furthermore, their use may be a component of our (pre)contractual services, provided that the use of the cloud services has been agreed within this framework. Otherwise, users' data is processed on the basis of our legitimate interests (i.e., interest in efficient and secure management and collaboration processes)
- Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
- Affected persons: Customers; employees (e.g. employees, applicants, former employees); interested parties; communication partners.
- Purposes of processing: Office and organisational procedures.
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- Dropbox: Cloud storage service; Service provider: Dropbox, Inc., 333 Brannan Street, San Francisco, California 94107, USA; website; privacy policy; order processing contract; standard contractual clauses (ensuring level of data protection for processing in third countries).
- Microsoft Cloud Services: cloud storage, cloud infrastructure services and cloud-based application software; Service Provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; Website; Privacy policy; Security notices; Order processing contract; Standard contractual clauses (ensuring level of data protection for processing in third countries).
- Asana: Project management - organisation and management of teams, groups, workflows, projects and processes; Service provider: Asana, Inc, 1550 Bryant Street, Suite 200, San Francisco, CA 94103, USA; Website; Privacy policy; Order processing contract; Standard contractual clauses (ensuring level of data protection for processing in third countries).
- Order processing contract: Data Processing Addendum; Standard contractual clauses (guaranteeing the level of data protection for processing in third countries); Further information: Data Transfer Impact Assessment &Salesforce Services: Salesforce Services.
Surveys and interviews
We conduct surveys and interviews in order to collect information for the communicated purpose of the survey or interview. The surveys and interviews (hereinafter "surveys") we conduct are analyzed anonymously. Personal data is only processed to the extent that this is necessary for the provision and technical implementation of the surveys (e.g. processing of the IP address to display the survey in the user's browser or to enable the survey to be resumed with the help of a cookie).
- Processed data types: Contact data (e.g. e-mail, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta, communication and process data (e.g. IP addresses, time data, identification numbers, consent status).
- Data subjects: Communication partners; participants.
- Purposes of processing: Feedback (e.g. collecting feedback via online form).
Further information on processing processes, procedures and services:
- Survicate: Conducting online surveys; Service provider: Survicate S.A., Zamiany 8 LU2 Street, 02, 786 Warsaw, Poland; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://survicate.com/; Privacy Policy: https://help.survicate.com/en/articles/3943207-terms-of-service-privacy-policy-gdpr-and-dpa#h_0c335b370a; Data processing agreement: https://assets.survicate.com/docs/Terms-Of-Service-Survicate-3.0.pdf.
Promotional emails and electronic notifications
If you are in business contact with us as an interested party, customer or talent (hereinafter "user"), we will only send promotional e-mails and other electronic notifications (hereinafter "promotional e-mails") with your consent or legal permission. Insofar as the contents of promotional e-mails are specifically described in the context of a registration, they are decisive for the consent of the user. Otherwise, our promotional e-mails contain information about us and our services.
Deletion and restriction of processing: We may store email addresses for which a promotional withdrawal has been made for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove consent formerly given. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of consent or legal basis is confirmed at the same time. In the case of obligations to permanently observe objections, we reserve the right to store the e-mail address in a block list (so-called "black list") for this purpose alone.
The logging of procedures that are decisive for the establishment or existence of the respective legal basis is carried out on the basis of our legitimate interests for the purpose of proving its proper course. If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure sending system.
Notes on legal basis: Newsletters are sent on the basis of the recipients' consent or, if consent is not required, on the basis of our legitimate interests in direct marketing, if and insofar as this is permitted by law, e.g. in the case of existing customer advertising. Insofar as we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in efficient and secure dispatch. The registration process is recorded on the basis of our legitimate interests to prove that it was carried out in accordance with the law. In the case of system e-mails, the notification is made for the purposes of initiating business (e.g. in the case of confirmations of the receipt of enquiries or orders or to inform you of changes in the processing status) or for the purposes of fulfilling the contract.
Contents:
Information about us, our services, promotions and offers. Information on order or placement status (system mails)
- Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); meta/communication data (e.g. device information, IP addresses); usage data (e.g. websites visited, interest in content, access times).
- Affected persons: Communication partner.
- Purposes of processing: direct marketing or promotional communication (e.g. by e-mail or post).
- Legal basis: Existing customer exception (§ 7 para. 3 UWG); Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
- Possibility of objection (opt-out): You can cancel the 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 either at the end of each newsletter or you can use one of the contact options given above, preferably e-mail, for this purpose.
Further guidance on processing operations, procedures and services:
- Measurement of opening and click-through rates: Our promotional e-mails may contain a so-called "web beacon", i.e. a pixel-sized file that is retrieved from our server or, if we use a delivery service provider, from their server when the newsletter is opened. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and the time of the retrieval, are initially collected. This information is used for the technical improvement of our newsletter on the basis of the technical data or the target groups and their reading behaviour on the basis of their retrieval locations (which can be determined with the help of the IP address) or the access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked. This information is assigned to the individual newsletter recipients and stored in their profiles until they are deleted. The analyses help us to recognise the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users. The measurement of opening rates and click rates as well as the storage of the measurement results in the users' profiles and their further processing are based on the users' consent. Unfortunately, a separate revocation of the performance measurement is not possible; in this case, the entire newsletter subscription must be cancelled or revoked. In this case, the stored profile information will be deleted.
- Mailjet: Email sending and email marketing platform; Service provider: Mailjet SAS,13-13 bis, rue de l’Aubrac, 75012 Paris, France; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Website; Privacy policy.
- HubSpot: Email marketing platform; Service provider: HubSpot, Inc., 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Website; Privacy policy; Order processing agreement; Standard contractual clauses (guaranteeing level of data protection for processing in third countries).
Promotional communication via e-mail, post, fax or telephone
We process personal data for the purposes of promotional communication, which may take place via various channels, such as e-mail, telephone, post or fax, in accordance with legal requirements.
Recipients have the right to revoke their given consent at any time or to object to promotional communication at any time.
After revocation or objection, we may store the data required to prove consent for up to three years on the basis of our legitimate interests before deleting it. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
- Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers).
- Affected persons: Communication partner.
- Purposes of processing: direct marketing or promotional communication (e.g. by e-mail, telephone or post).
- Legal basis: Existing customer exception (§ 7 para. 3 UWG); Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Web analysis, monitoring and optimization
Web analytics (also referred to as "reach measurement") is used to evaluate the flow of visitors to our online offering and may include behaviour, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of the reach analysis, we can, for example, recognise at what time our online offer or its functions or content are most frequently used or invite to reuse them. Likewise, we can understand which areas need optimisation.
In addition to web analysis, we may also use testing procedures, e.g. to test and optimise different versions of our online offer or its components.
Unless otherwise stated below, profiles, i.e. data summarised for a usage process, can be created for these purposes and information can be stored in a browser or in 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 the collection of their location data from us or from the providers of the services we use, location data may also be processed.
In general, no clear user data (such as email addresses or names) is stored in the context of web analysis, A/B testing and optimisation, but pseudonyms. This means that we as well as the providers of the software used do not know the actual identity of the users, but only the information stored in their profiles for the purpose of the respective procedures.
Notes on legal bases: Where we ask users for their consent to use third-party providers, the legal basis for processing data is their given consent. Otherwise, users' data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.
- Types of data processed: Usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: Reach measurement (e.g. access statistics, recognition of returning visitors); profiles with user-related information (creation of user profiles).
- Security measures: IP masking (pseudonymisation of the IP address).
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- Matomo: Matomo is a software that is used for the purposes of web analysis and reach measurement. Within the scope of the use of Matomo, cookies are generated and stored on the end device of the user. The user data collected in the course of using Matomo is only processed by us and is not shared with third parties. The cookies are stored for a maximum period of 13 months;
- Microsoft Clarity: Software for the analysis and optimization of online offers based on feedback functions as well as pseudonymously performed measurements and analyses of user behavior, which may include in particular A/B tests (measurement of popularity and user-friendliness of different content and functions), measurement of click paths and interaction with content and functions of the online offer; Service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a) GDPR); Website; Privacy policy.
- Visual Website Optimizer: Visual Website Optimizer - Testing and Optimization; service provider: Wingify Software Private Limited, 404, Gopal Heights, Netaji Subhash Place, Pitam Pura, Delhi 110034, Indien; Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a GDPR); website; privacy policy.
Online marketing
We process personal data for online marketing purposes, which may include, but are not limited to, marketing advertising space or displaying promotional and other content (collectively, "Content") based on users' potential interests and measuring its effectiveness.
For these purposes, so-called user profiles are created and stored in a file (so-called "cookie") or similar procedures are used, by means of which the information about the user relevant for the presentation of the aforementioned content is stored. This information may include, for example, content viewed, websites visited, online networks used, but also communication partners and technical information such as the browser used, the computer system used and information on usage times and functions used. If users have consented to the collection of their location data, this may also be processed.
The IP addresses of the users are also stored. However, we use available IP masking procedures (i.e. pseudonymisation by shortening the IP address) to protect users. In general, no clear user data (such as e-mail addresses or names) is stored within the framework of the online marketing process, but pseudonyms. This means that we as well as the providers of the online marketing procedures do not know the actual identity of the users, but only the information stored in their profiles.
The information in the profiles is usually stored in the cookies or by means of similar procedures. These cookies can later generally also be read on other websites that use the same online marketing procedure and analysed for the purpose of displaying content as well as supplemented with further data and stored on the server of the online marketing procedure provider.
Exceptionally, clear data may be associated with the profiles. This is the case if, for example, the users are members of a social network whose online marketing procedures we use and the network links the users' profiles with the aforementioned data. We ask you to note that users can make additional agreements with the providers, e.g. by giving their consent as part of the registration process.
In principle, we only receive access to summarised information about the success of our advertisements. However, in the context of so-called conversion measurements, we can check which of our online marketing methods have led to a so-called conversion, i.e., for example, to a conclusion of a contract with us. The conversion measurement is used solely to analyse the success of our marketing measures.
Unless otherwise stated, we ask you to assume that cookies used will be stored for a period of two years.
Notes on legal bases: Where we ask users for their consent to use third-party providers, the legal basis for processing data is their given consent. Otherwise, users' data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.
- Types of data processed: Event data (Facebook) ("Event data" is data that we may transmit to Facebook, e.g. via Facebook Pixel (via apps or other means), and relates to individuals or their actions; the data includes, for example, information about visits to websites, interactions with content, functions, installations of apps, purchases of products, etc.); Event data is processed for the purpose of creating target groups for content and advertising information (Custom Audiences); Event data does not include the actual content (such as written comments), login information and contact information (i.e. no names, email addresses and telephone numbers). Event data are deleted by Facebook after a maximum of two years; Usage data (e.g. web pages visited, interest in content, access times); Meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of the processing: remarketing; conversion measurement (measuring the effectiveness of marketing measures); targeting (determining target groups relevant for marketing purposes or other output of content); marketing; profiling with user-related information (creating user profiles).
- Security measures: IP masking (pseudonymisation of the IP address).
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
- Possibility of objection (opt-out): We refer you to the data protection notices of the respective providers and the options for objection (so-called "opt-out") given to the providers. If no explicit opt-out option has been specified, you have the option of switching off cookies in your browser settings. However, this may restrict the functions of our online offer. We therefore recommend the following additional opt-out options, which are offered in summary for the respective regions: a) Europe b) Canada c) USA d) Cross-territory.
Further guidance on processing operations, procedures and services:
- Facebook pixel and target group formation (Custom Audiences): With the help of the Facebook pixel (or comparable functions for the transmission of event data or contact information by means of interfaces in apps), it is possible for Facebook to determine the visitors of our online offer as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook ads we have placed only to those users on Facebook and within the services of partners cooperating with Facebook (so-called "Audience Network") who have also shown an interest in our online offer or who have certain characteristics (e.g. interest in certain topics or products that are evident from the websites visited) that we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the users' potential interest and are not annoying. With the help of the Facebook Pixel, we can further track the effectiveness of the Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion measurement"); service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; website; privacy policy; standard contractual clauses (ensuring level of data protection for processing in third countries): The "Facebook EU Data Transfer Addendum" applies in the case of commissioned processing by Facebook as the basis for the processing of event data of EU citizens in the USA and the inclusion in the "Facebook Platform Terms of Use" with regard to Facebook's own processing of event data in the context of ad placement; Further information: The "Data Processing Terms and Conditions" apply with regard to event data that Facebook processes on behalf to provide reporting and analysis to companies; Furthermore, the "Controller Addendum" applies as an agreement on joint responsibility (Art. 26 para. 1 sentence 3 of the GDPR), which is relevant in the case of the autonomous processing of event data by Facebook for the purposes of targeting as well as improving and securing Facebook products.
- Google Ads and conversion measurement: We use the online marketing procedure "Google Ads" to place ads in the Google advertising network (e.g., in search results, in videos, on web pages, etc.) so that they are displayed to users who have a presumed interest in the ads (so-called "conversion"). We also measure the conversion of the ads. However, we are only provided with the anonymous total number of users who clicked on our ad and were redirected to a page marked with a so-called "conversion tracking tag". Moreover, we do not receive any information which could be used to identify users; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Website; Privacy policy; Further information: Types of processing as well as data processed: adsservices; Google Advertising Products Data Processing Terms: Information on services Data processing terms and conditions between data controllers and standard contractual clauses for third country transfers of data.
- Microsoft Advertising: Remarketing / conversion measurement; Service provider: Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland; Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Website; Privacy policy; Opt-out; Further information.
- Outbrain: Display of personalised advertisements; Service provider: Outbrain United Kingdom Limited, 175 High Holborn, London WC1V 7AA, United Kingdom; Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Website; Privacy policy; Deletion of data: The stored personal data will be deleted or anonymised after 13 months.
- TikTok for Business / TikTok Ads Manager: Display of personalised advertisements, remarketing-measures (campaigns), conversion measurement; Service provider: TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Irland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Website; Privacy policy.
We may participate in review and rating processes in order to evaluate, optimise and promote our services. If users rate us or otherwise provide feedback via the participating rating platforms or procedures, the General Terms and Conditions of Business or Use and the data protection notices of the providers also apply. As a rule, the evaluation also requires registration with the respective providers.
In order to ensure that the persons rating have actually used our services, we transmit, with the consent of the customers, the data required for this with regard to the customer and the service used to the respective rating platform (including name, e-mail address and order number or item number). This data is used solely to verify the authenticity of the user.
- Types of data processed: Contractual data (e.g. subject matter of contract, term, customer category); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
- Data subjects: Customers; users (e.g. website visitors, users of online services).
- Purposes of processing: Feedback (e.g. collecting feedback via online form).
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Presence in social networks (social media)
We maintain online presences within social networks and process user data in this context in order to communicate with users active there or to offer information about us.
We would like to point out that user data may be processed outside the European Union. This may result in risks for the users because, for example, it could make it more difficult to enforce the rights of the users.
Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on the usage behaviour and resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behaviour and the interests of the users are stored. Furthermore, data independent of the devices used by the users may also be stored in the usage profiles (especially if the users are members of the respective platforms and are logged in to them).
For a detailed presentation of the respective forms of processing and the options to object (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.
In the case of requests for information and the assertion of data subject rights, we would also like to point out that these can be asserted most effectively with the providers. Only the providers have access to the users' data and can take appropriate measures and provide information directly. If you still need help, you can contact us.
- Types of data processed: contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: contact requests and communication; feedback (e.g. collecting feedback via online form); marketing.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- Instagram: Social network; Service provider: Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA; Website; Privacy policy.
- Facebook pages: Profiles within the Facebook social network - We are jointly responsible with Meta Platforms Ireland Limited for the collection (but not the further processing) of data from visitors to our Facebook page (known as a "Fan Page"). This data includes information about the types of content users view or interact with, or the actions they take (see under "Things You and Others Do and Provide" in the Facebook Data Policy), as well as information about the devices users use (e.g. IP addresses, operating system, browser type, language settings, cookie data; see under "Device Information" in the Facebook Data Policy). As explained in the Facebook Data Policy under "How do we use this information?", Facebook also collects and uses information to provide analytics services, called "Page Insights", to Page operators to provide them with insights into how people interact with their Pages and with the content associated with them. We have entered into a special agreement with Facebook ("Page Insights Information"), which in particular regulates which security measures Facebook must observe and in which Facebook has agreed to fulfil the data subject rights (i.e. users can, for example, send information or deletion requests directly to Facebook). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook. Further information can be found in the "Information on Page Insights"; service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Website; Privacy Policy; Standard Contractual Clauses (ensuring level of data protection for processing in third countries); Further information: Shared Responsibility Agreement.
- LinkedIn: Social network; Service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; Website; Privacy policy; Order processing agreement; Standard contractual clauses (guaranteeing level of data protection for processing in third countries); Opt-out.
- TikTok: Social network; video-platform; Service provider: TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Irland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR); Website; Privacy policy.
- Xing: Social network; Service provider: XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany; Website; Privacy policy.
Plugins and embedded functions and content
We integrate functional and content elements into our online offer that are obtained from the servers of their respective providers (hereinafter referred to as "third-party providers"). These can be, for example, graphics, videos or city maps (hereinafter uniformly referred to as "content").
The integration always requires that the third-party providers of this content process the IP address of the user, as without the IP address they would not be able to send the content to their browser. The IP address is thus required for the display of this content or function. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers 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 analyse 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 and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.
Notes on legal bases: Where we ask users for their consent to use third-party providers, the legal basis for processing data is their given consent. Otherwise, users' data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.
- Types of data processed: Usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses); inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); event data (Facebook) ("event data" is data that we can transmit to Facebook, e.g. via Facebook Pixel (via apps or in other ways) and relates to persons or their actions; the data includes, for example, information about visits to websites, interactions with content, functions, installations of apps, purchases of products, etc.). Event data is processed for the purpose of creating target groups for content and advertising information (Custom Audiences); Event data does not include the actual content (such as written comments), login information and contact information (i.e. no names, email addresses and telephone numbers). Event data are deleted by Facebook after a maximum of two years.
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: provision of our online offer and user-friendliness; provision of contractual services and customer service.
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- Facebook plugins and content: Facebook social plugins and content - This may include, for example, content such as images, videos or text and buttons that allow users to share content from this online offering within Facebook. The list and appearance of Facebook social plugins can be viewed here - We are jointly responsible with Meta Platforms Ireland Limited for the collection or receipt in connection with any transmission (but not the further processing) of "event data" that Facebook collects or receives in connection with any transmission by means of the Facebook social plugins (and content embedding features) running on our Online Offer for the purposes of: a) displaying content and promotional information relevant to users' perceived interests; b) delivering commercial and transactional messages (e.g., targeting users via Facebook social plugins) to users of our Online Offer. (c) improving ad delivery and personalising features and content (e.g., improving the ability to identify which content or advertising information is likely to be of interest to users). We have entered into a specific agreement with Facebook ("Controller Addendum"), which in particular regulates which security measures Facebook must observe and in which Facebook has agreed to fulfil the data subject rights (i.e. users can, for example, direct information or deletion requests to Facebook). Note: When Facebook provides us with metrics, analytics and reports (which are aggregated, i.e. do not contain details of individual users and are anonymous to us), this processing is not carried out under shared responsibility but on the basis of a commissioned processing agreement ("Data Processing Terms") the "Data Security Terms and Conditions" and, with regard to processing in the USA, on the basis of standard contractual clauses ("Facebook EU Data Transfer Addendum"). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook; service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Website; Privacy Policy.
- Google Fonts: We integrate the fonts ("Google Fonts") of the provider Google, whereby the user's data is used solely for the purpose of displaying the fonts in the user's browser. The integration is based on our legitimate interests in a technically secure, maintenance-free and efficient use of fonts, their uniform display and taking into account possible licensing restrictions for their integration; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website; privacy policy.
- Google Maps: We integrate the maps of the "Google Maps" service of the provider Google. The data processed may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (usually executed within the framework of the settings of their mobile devices); service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Website; Privacy policy; Opt-out: Opt-Out-Plugin, Settings for the display of advertisements.
- Typekit fonts from Adobe (Adobe Fonts): We integrate the fonts ("Typekit fonts") of the provider Adobe, whereby the users' data is used solely for the purpose of displaying the fonts in the users' browser. The integration is based on our legitimate interests in a technically secure, maintenance-free and efficient use of fonts, their uniform display and taking into account possible licensing restrictions for their integration; service provider: Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland; Website; Privacy Policy.
- YouTube videos: Video content; YouTube videos are embedded via a special domain (recognizable by the component "youtube-nocookie") in the so-called "Enhanced Privacy Mode", whereby no cookies on user activities are collected in order to personalize video playback. Nevertheless, information on user interaction with the video (e.g. remembering the last playback point), may be stored; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f GDPR); Website; Privacy policy; Basis for third country transfer: EU-US Data Privacy Framework (DPF).
Management, organisation and auxiliary tools
We use services, platforms and software from other providers (hereinafter referred to as "third-party providers") for the purpose of organising, managing, planning and providing our services. When selecting the third-party providers and their services, we observe the legal requirements.
In this context, personal data may be processed and stored on the servers of the third-party providers. This may involve various data that we process in accordance with this privacy policy. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their contents.
If users are referred to third-party providers or their software or platforms in the course of communication, business or other relationships with us, the third-party providers may process usage data and metadata for security purposes, service optimisation or marketing purposes. We therefore ask you to observe the data protection notices of the respective third-party providers.
Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is their given consent. Furthermore, their use may be part of our (pre-)contractual services, provided that the use of third-party providers was agreed in this context. Otherwise, user data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.
- Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta/communication data (e.g. device information, IP addresses).
- Data subjects: Communication partners; users (e.g. website visitors, users of online services).
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. GDPR); Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Further guidance on processing operations, procedures and services:
- Trello: Project management tool; Service provider: Trello Inc, 55 Broadway New York, NY 10006, USA; parent company: Atlassian Inc. (San Francisco, Harrison Street Location), 1098 Harrison Street, San Francisco, California 94103, USA; Website; Privacy policy; Standard contractual clauses (ensuring level of data protection for processing in third countries): Part of the order processing contract; Further information: Data Transfer Impact Assessment.
Amendment and update of the privacy policy
We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as the changes in the data processing we have carried out make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
Where we provide addresses and contact details of companies and organisations in this privacy statement, please note that the addresses may change over time and please check the details before contacting us.
Rights of the data subjects
As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:
- Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) sentence 1 lit. e or f GDPR ; this also applies to profiling based on these provisions. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
- Right of revocation for consents: You have the right to revoke any consent you have given at any time.
- Right of access: You have the right to request confirmation as to whether data in question is being processed and to be informed about this data and to receive further information and a copy of the data in accordance with the legal requirements.
- Right to rectification: In accordance with the law, you have the right to request that data concerning you be completed or that inaccurate data concerning you be rectified.
- Right to erasure and restriction of processing: You have the right, in accordance with the law, to request that data relating to you be erased immediately or, alternatively, to request restriction of the processing of the data in accordance with the law.
- Right to data portability: You have the right to receive data relating to you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transferred to another controller.
- Complaint to the supervisory authority: In accordance with the law and without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a data protection supervisory authority, in particular a supervisory authority in the Member State where you usually 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.
Supervisory authority responsible for us:
Bavarian State Office for Data Protection Supervision
Promenade 18
91522 Ansbach, Germany
E-Mail: poststelle@lda.bayern.de
Definitions of terms
This section provides you with an overview of the terms used in this privacy policy. Many of the terms are taken from the law and defined primarily in Art. 4 of the GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to help you understand them. The terms are sorted alphabetically.
- Creditworthiness information: Automated decisions are based on automatic data processing without human intervention (e.g. in the case of an automatic rejection of a purchase on account, an online credit application or an online application procedure without any human intervention). Such automated decisions are only allowed under Art. 22 GDPR if data subjects consent, if they are necessary for the performance of a contract or if national laws allow such decisions.
- Content Delivery Network (CDN): A "Content Delivery Network" (CDN) is a service with the help of which the contents of an online offer, in particular large media files such as graphics or programme scripts, can be delivered faster and more securely with the help of regionally distributed servers connected via the Internet.
- Conversion measurement: Conversion measurement (also referred to as "visit action evaluation") is a procedure that can be used to determine the effectiveness of marketing measures. For this purpose, a cookie is usually stored on the user's devices within the websites on which the marketing measures take place and then retrieved again on the target website. For example, this allows us to track whether the ads we have placed on other websites have been successful.
- Personal data: "Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who 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 (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Profiles with user-related information: The processing of "profiles with user-related information", or "profiles" for short, includes any type of 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 certain content or products, click behaviour on a website or location). Cookies and web beacons are often used for profiling purposes.
- Reach measurement: Reach measurement (also referred to as web analytics) is used to evaluate the visitor flows of an online offer and can include the behaviour or interests of visitors in certain information, such as website content. With the help of reach analysis, website owners can see, for example, at what time visitors visit their website and what content they are interested in. This enables them, for example, to better adapt the content of the website to the needs of their visitors. For the purposes of reach analysis, pseudonymous cookies and web beacons are often used to recognise returning visitors and thus obtain more precise analyses of the use of an online offer.
- Remarketing: "Remarketing" or "retargeting" is when, for example, for advertising purposes, it is noted which products a user was interested in on a website in order to remind the user of these products on other websites, e.g. in advertisements.
- Location data: Location data is created when a mobile device (or another device with the technical requirements for location determination) connects to a radio cell, a WLAN or similar technical means and functions for location determination. Location data is used to indicate the geographically determinable position on earth at which the respective device is located. Location data can be used, for example, to display map functions or other information dependent on a location.
- Controller: the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
- Processing: "Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually any handling of data, be it collection, analysis, storage, transmission or erasure.
- Target group formation: We speak of target group formation (or "custom audiences") when target groups are determined for advertising purposes, e.g. display of advertisements. For example, based on a user's interest in certain products or topics on the internet, it can be concluded that this user is interested in advertisements for similar products or the online shop in which he or she viewed the products. In turn, we speak of "lookalike audiences" (or similar target groups) when the content deemed suitable is displayed to users whose profiles or interests presumably correspond to the users for whom the profiles were created. Cookies and web beacons are generally used to create custom audiences and lookalike audiences.