Privacy policy for the contents and functions the platform ESPATU (hereinafter „Services“)
Date: April 2024
1. General
The protection of your personal data and your privacy is extremely important to us. Therefore, we would like to offer you comprehensive transparency regarding the processing of your personal data (GDPR) as well as regarding the storage of information on your end device or regarding the access to information (TDDDG). Because only if the processing of personal data and information is comprehensible for you as a data subject, you are sufficiently informed about the scope, purposes and benefits of the processing.
Controller within the meaning of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and other data protection regulations is the
ESPATU UG (haftungsbeschränkt
Hasselstr. 3
65812 Bad Soden am Taunus
Germany
E-MAIL: contact@espatu.com
Also referred to as „Controller” or “Us”
2. General information on data processing
2.1 Personal Data
Personal data is individual information about personal or factual circumstances of an identified or identifiable natural person.
Individual details about personal or factual circumstances are, for example:
· Name, age, marital status, date of birth
· Address, telephone number, e-mail address
· Account number, credit card number
· IP address & location data
2.2 This is the way we process personal data
We process personal data within the legally permissible limits. This means that data processing operations are based on a legal basis. These are standardized in Art. 6 para. 1 GDPR. Most data processing is based on a legitimate interest on our part (Art. 6 para. 1 lit. f GDPR), on processing operations necessary for the performance of the contract (Art. 6 para. 1 (lit. b GDPR) or on the basis of consent given by you (Art. 6 para. 1 lit. a GDPR). In the latter case, you will be informed separately (e.g. via a cookie banner) about the consent process.
Personal data is processed by us only for clear purposes (Art. 5 para. 1 lit. b GDPR). As soon as the purpose of the processing ceases to apply, your personal data will be deleted or protected by technical as well as organizational measures (e.g. by pseudonymization).
The same applies to the expiry of a prescribed storage period, subject to cases in which further storage is necessary for the conclusion or fulfillment of a contract. In addition, there may be a legal obligation to store data for a longer period or to pass it on to third parties (esp. to law enforcement agencies). In other cases, the storage period and type of data collected as well as the type of data processing depends on which functions you use in the individual case. We will be happy to provide you with information about this in individual cases, in accordance with Art. 15 GDPR.
2.3 We process these categories
Data categories are in particular the following data:
· Master data (e.g. names, addresses, dates of birth),
· Contact data (e.g. e-mail addresses, telephone numbers, messenger Services),
· Content data (e.g. text entries, photographs, videos, contents of documents/files),
· Contract data (e.g., subject matter of contract, terms, customer category),
· Payment data (e.g. bank details, payment history, use of other payment Service providers),
· Usage data (e.g. history in our Services, use of certain content, access times),
· Connection data (e.g. device information, IP addresses, URL referrers).
2.4 These are the security measures we meet
In accordance with legal requirements and 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 your rights and freedoms, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
In particular, the measures include ensuring that your data is stored and processed confidentially, with integrity and available at all times. Furthermore, the security measures we implement include controls on access to your data as well as access, input, disclosure, ensuring availability and their separation from data of other natural persons. Furthermore, we have established procedures to ensure the exercise of data subject rights (see under Section 5), the deletion of data and responses in the event of a risk to your data. Furthermore, we already consider the protection of personal data during the development of our software as well as through procedures that comply with the principle of data protection through technology design and through data protection-friendly default settings.
2.5 This is how we transfer personal data
In the course of our processing activities of your personal data, it may happen that this data is transferred or disclosed to other bodies, companies, legally independent organizational units or persons. These third parties may include, for example, payment institutions in the context of payment transactions, Service providers entrusted with IT tasks or providers of Services and content that we have integrated into our website. If we transfer or disclose your personal data to third parties, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.
2.6 This is how a third country transfer takes place
If this privacy policy indicates that we transfer your personal data to a third country, i.e. a country outside the EU or outside the EEA, the following applies.
If we process your data in a third country or if the processing takes place in a third country as part of the use of third-party Services, this will only take place in accordance with the legal requirements.
Furthermore, a third country transfer usually only takes place with your express consent. Whether or not such consent is given, we ensure that we have contractual or legal authorization to transfer and process your data in the third country in question. Furthermore, we only allow your data to be processed by Service providers in third countries that, in our view, have a recognized level of data protection. This means that a corresponding adequacy decision exists between the EU and the country in which we transfer your personal data, for example. An "adequacy decision" is a decision adopted by the European Commission under Article 45 of the GDPR that determines that a third country (i.e., a country that is not bound by the GDPR) or an international organization provides an adequate level of protection for personal data. Alternatively, e.g. if there is no adequacy decision, a third country transfer will only take place if, for example, contractual obligations exist between us and the Service provider in the third country through so-called standard contractual clauses of the EU Commission and further technical security precautions have been taken that ensure an adequately equivalent level of protection to that in the EU or the Service provider in the third country can provide data protection certifications and your data is only processed in accordance with internal data protection regulations (Articles 44 to 49 GDPR. Information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).
As part of the so-called "Data Privacy Framework" ("DPF"), the EU Commission has recognized the level of data protection for certain companies from the USA as secure within the framework of the adequacy decision of 10.07.2023. A list of certified companies and further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/. As part of this privacy policy, we will inform you which services we use are certified under the Data Privacy Framework.
2.7 Information about the cookies used (Cookies are here synonymous with other tracking mechanisms such as tokens, beacons, etc.).
Cookies are small text files that contain data from visited websites or domains and are stored on your device (computer, tablet or smartphone). If you access a service, the cookie stored on your device sends information to the party that placed the cookie.
2.7.1 Types of Cookies
Objectively, we distinguish between
· Functionality Cookies
These cookies are essential to provide you with Services available through our Services and to enable you to use certain features of our Services. Without these cookies, we cannot provide you certain Services on our Services.
· Statistic cookies
These cookies are used to collect information to analyze the traffic to our Services and how visitors are using our Services. For example, these cookies may track things such as how long you spend on the Services or the pages you visit which helps us to understand how we can improve our Services site for you. The information collected through these tracking and performance cookies do not identify any individual visitor.
· Marketing cookies
These cookies are used to show advertising that is likely to be of interest to you based on your browsing habits. These cookies, as served by our content and/or advertising providers, may combine information they collected from our Services with other information they have independently collected relating to your web browser's activities across their network of websites. If you choose to remove or disable these targeting or advertising cookies, you will still see adverts but they may not be relevant to you.
2.7.2 How we use cookies
We want you to be able to make an informed decision for or against the use of cookies that are not strictly necessary for the technical features of the Services. Therefore, we allow you to choose which cookies you allow in a cookie consent banner when you visit our Services for the first time and permanently thereafter in appropriate settings. Here, strictly necessary cookies are mandatory for visiting our Services and are therefore already permitted via our default settings. Any other cookies are optional. You can allow them by consenting to the setting of these cookies accordingly in the cookie banner. Alternatively, you can reject them. Please note that you may be shown advertisements even if you reject.
2.7.3 Storage period of cookies
Unless we provide you with explicit information about the storage period of cookies (e.g., within the cookie banner), you can assume that the storage period can be up to two years. If cookies were set on the basis of your consent, you have the option at any time to revoke any consent you have given or to object to the processing of your data by cookie technologies (collectively referred to as "opt-out").
2.8 Consent Management
We use TOOL as a consent management tool as part of the tracking and analysis activities in our services. TOOL is a service provided by NAME & ADDRESS. TOOL collects log file and consent data using JavaScript. This JavaScript makes it possible to inform you about your consent to certain tags in our services and to obtain, manage and document this consent.
We process the following data: (1) Consent data (anonymized logbook data (Consent ID, Processor ID, Controller ID), Consent Status, Timestamp), (2) Device data (including shortened IP addresses (IP v4, IP v6), device information, timestamp), (3) User data (including email, ID, browser information, SettingIDs, changelog). The ConsentID (contains the above-mentioned data) and the Consent status including timestamp are stored in the local memory of your browser and at the same time on the cloud servers used by us. Further processing will only take place if you submit a request for information or revoke your consent. We also store personal data that we process using TOOL on our servers. The legal basis for the processing of personal data by means of TOOL in accordance with the provisions mentioned here results from our legitimate interest as well as for the fulfillment of legal requirements and thus from Art. 6 para. 1 lit. f and c GDPR. By means of TOOL, we want to comply with legal requirements for data protection and tracking and thus set up the functioning of our information technology systems in a legally compliant and user-centered manner.
3. data processing in connection with the use of our Services.
The use of our Services with all their functions involves the processing of personal data. We explain exactly how this is done here.
3.1 Informational use of our Services
The purely informational use of our Services requires the processing of the following personal data and information: Browser type and browser version, operating system used, address of previously visited websites, address of the terminal device with which you access our Services (IP address), and the time of the call to our Services. All this information is automatically transmitted by your browser if you have not configured it in such a way that transmission of the information is suppressed.
This personal data is processed for the purpose of the functionality and optimization of our Services, as well as to ensure the security of our information technology systems. These purposes are at the same time legitimate interests according to Art. 6 para. 1 lit. f GDPR, the processing is thus carried out with legal grounds.
3.2. Use by or after registration
In addition to the purely informational use of our services, you have the option of registering for our services and using our entire offering. Our services enable you and your users to select various services and access the content contained therein.
This use of our Services may require the processing of personal data and information in the manner described in this Section 3.
Some processing steps may also be carried out by third-party providers. Data processing by third-party providers is carried out in accordance with the conditions of the relevant data protection declarations. In the case of data processing with third-party providers, this may constitute commissioned processing within the meaning of Art. 28 GDPR. This is subject to strict legal requirements, which we comply with as part of our contractual agreements with our processors.
Use during or after registration and login and the associated data processing operations may differ from purely informational use. The collection of this data associated with your profile is carried out for the purpose of verifying your status and the associated fulfillment of our contractual obligations to you. These are legitimate purposes in accordance with Art. 6 para. 1 lit. b GDPR. If your consent is required for the processing procedure, we will obtain this at the appropriate point (e.g. via the opt-in option in a cookie banner when using our service for the first time). If you have any further questions, we will be happy to answer them within the scope of your right to information in accordance with Art. 15 para. 1 GDPR.
3.3 Further Services
3.3.1 Contact
We process your personal data that you provide to us when you contact us for the purpose of responding to your inquiry, your email or your callback request. The processed data categories are master data, contact data, content data, possibly usage data, connection data and possibly contract data. In individual cases, we forward this data to companies affiliated with us or third parties that we commission to process orders. The legal basis for the processing depends on the purpose of the contact. With your request in the contact form or by contacting us by e-mail, you declare that you would like answers or information on certain topics. You also leave your data for this purpose. We answer your request as requested and process your data for this purpose. Therefore, the authorization to process your data is based on Art. 6 para. 1 lit. b GDPR, as we process it to answer your request and thus to fulfill the contract for this purpose.
3.4 User Account & Booking
3.4.1 User Account
You can create a user account (hereinafter also referred to as a “profile”) in our services in order to make use of our services and your features. If you do this, the personal data you enter there will be transmitted to us by your browser and stored in our information technology systems. Your IP address and time of registration are also stored. When you log in to your profile, our service stores cookies on your device to enable you to remain logged in - even if you have to reload our services in the meantime. By creating a profile, you can use the functions of our services.
The processing operations associated with the creation of a profile serve the purpose of being able to assign future usage processes and to be able to access the entire range of our services. When ordering any additions and products from the platform, the processing of your data also serves the execution of the contract and is therefore earmarked and required in accordance with Art. 6 para. 1 lit. b GDPR.
The storage of the IP address and time of registration is necessary to ensure the security of our information technology systems. This is also our legitimate interest, which is why the processing is also lawful in accordance with Art. 6 para. 1 lit. f GDPR
The personal data you enter will be stored by us until your profile is deleted, and beyond that only for as long as processing is necessary to fulfill a contract.
We do not intend to pass on data to third parties.
3.4.2 Booking
If you make bookings on our platform, for example for rooms, we process your data for the purpose of processing and delivering your booking and to ensure the security of our IT systems. We process your personal data to enable you to provide, pay for and deliver the booked service. For this purpose, we forward the data required for the payment and processing of your booking to our partners. We or our partners use the services of banks and payment service providers to process payment transactions. Please see our explanations above. The categories of data processed are master data, contact data, usage data, connection data, contract data and payment data. We do not pass on your data to unauthorized third parties. The legal basis for these processing measures results from
· With regard to the processing of data to ensure the security of our information technology systems, our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.
· With regard to the processing of data for the purpose of processing your booking, Art. 6 para. 1 lit. b GDPR.
3.4.3 Chat- und Messagesystem
In our services, we give you the opportunity to get in touch with other users via integrated chat and message functions, to exchange information and, if necessary, to initiate and conclude contracts. The categories of data processed here are master data, contact data and, if applicable, content data, contract data and payment data. We transmit this data to the person contacted by you insofar as you yourself approve the data transmission or integrate this data into your messages. We also receive information about the time and parties involved in making contact via our chat and message functions. Furthermore, the personal data you provide is transmitted to us by your browser and stored in our IT systems. Your IP address and time of registration are also stored.
The processing operations associated with the use of our chat and message systems serve the purpose of being able to assign usage processes and enable you to access the entire range of our services. The use of the chat and message functions is an essential part of our services, therefore the processing of your data serves the execution of the contract, is therefore earmarked and necessary in accordance with Art. 6 para. 1 lit. b GDPR.
The storage of the IP address and time of use of our chat and message functions is necessary to ensure the security of our information technology systems. This is also our legitimate interest, which is why the processing is also lawful in accordance with Art. 6 para. 1 lit. f GDPR.
The personal data you enter will be stored by us until your profile is deleted, and beyond that only for as long as processing is necessary to fulfill a contract.
We do not intend to pass on data to other third parties.
3.5 Payment
We offer various payment methods for processing payment claims. We use the payment service providers described below for this purpose. We do this for the purpose of providing our services properly and in line with requirements. The data processed in this context is usage data, connection data, master data, payment data, contact data or contract data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The information is required to carry out the transactions. The data entered is only processed by the payment service providers and stored by them. We do not receive any account or credit card-related information, only information about the confirmation or negative information about the payment. Under certain circumstances, your data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check your identity and creditworthiness. Please refer to the terms and conditions and data protection information of the payment service providers. The legal basis for the use of payment service providers results from Art. 6 para. 1 lit. b GDPR. We can only provide the services promised to you with our services and thus fulfill our contractual obligations if we use third parties, such as payment service providers, to process payment transactions. We have concluded an order processing agreement with each of the payment service providers so that the security of the processing of your data is guaranteed at all times.
Payment Service Provider
Stripe
If you choose a payment method from the payment service provider Stripe, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provide during the ordering process together with information about your order (name, address, account number, bank code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 para. 1 lit. b GDPR. You can find more information about Stripe's data protection at the URL https://stripe.com/de/privacy#translation.
Stripe reserves the right to carry out a credit check on the basis of mathematical-statistical procedures in order to safeguard its legitimate interest in determining the user's solvency. Stripe may transmit the personal data necessary for a credit check and received in the course of payment processing to selected credit agencies, which Stripe discloses to users on request. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, these are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Stripe uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the authorization to use the selected payment method.
You can object to this processing of your data at any time by sending a message to Stripe or the commissioned credit agencies.
However, Stripe may still be entitled to process your personal data if this is necessary for contractual payment processing.
3.6 Webhosting
3.6.1 Provision of our Services
In order to provide you with our Services, we use the Services of a web hosting provider. Our Services are accessed from the servers of these web hosting providers. For these purposes, we use the web hosting provider's infrastructure and platform Services, computing capacity, storage space and database services, as well as security services and technical maintenance services.
The processed data includes all such data that you enter or that is collected by you in the course of your use and communication in connection with your visit to our Services (e.g. your IP address). Our legal basis for using a web hosting provider to provide our Services results from Art. 6 para. 1 lit. f GDPR (legitimate interest).
3.6.2 Receiving and sending e-mails
The Services of the web host used by us may also include the sending, receiving as well as storing of e-mails. For these purposes, the addresses of the recipients of your e-mails as well as the senders as well as further information concerning the e-mail dispatch (e.g. the providers involved) as well as the contents of the respective e-mails are processed. The aforementioned data is processed, among other things, for the purpose of recognizing SPAM. E-mails are generally not sent encrypted on the Internet. As a rule, e-mails are encrypted in transit, but (unless end-to-end encryption 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. Our legal basis for using a web hosting provider to receive and send e-mails results from Art. 6 para. 1 lit. f GDPR (legitimate interest).
3.6.3 Collection of access data and log files
We ourselves (or our web hosting provider) collect data on each access to the server (server log files). The server log files may include the address and name of the Services and files accessed, the date and time of access, the volume of data transferred, notification of successful access, browser type and version, your 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 on the one hand for security purposes, e.g. to prevent server overload (especially in the event of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the utilization of the servers and their stability. Our legal basis for using a web hosting provider to collect access data and log files results from Art. 6 para. 1 lit. f GDPR (legitimate interest).
3.7 Tracking & Tools
Google Tag Manager
Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate other services into our services. The Google Tag Manager itself (which implements the tags) does not process any personal data. With regard to the processing of personal data by the integrated services, please refer to our explanations of the individual Google services below. The provider of Google Tag Manager is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Website: https://marketingplatform.google.com; Privacy Policy: https://policies.google.com/privacy.
Google Search Console
We use the Google Search Console, a web analysis service from Google, to continuously optimize the Google ranking of our services.
The Google Search Console enables us to carry out search analyses that provide us with information about how often our services appear in Google search results. This allows us to monitor and manage our services in the search index.
No personal user or tracking data is processed or transmitted to Google when using the Google Search Console.
Google Analytics
We use Google Analytics for the purpose of statistically analyzing your use of our services. Your IP address is collected by us before it is anonymized by Google by shortening it before it is permanently stored on their servers. Processed data is usage data & connection data. The recipient of the data is Google Ireland Ltd, Gordon House, Barrow Street Dublin 4 Ireland (as joint controller, Art. 26 GDPR). If Google transfers this data to a third country (e.g. the USA), this will only be done on a case-by-case basis, on the basis of an order processing contract concluded with Google and in accordance with standard contractual clauses agreed with Google and other security measures permitted by the GDPR, which ensure the security of the processing of your personal data with a level of protection identical to that in the EU, in particular on the basis of the EU-US Data Privacy Framework (DPF). The legal basis for the use of Google Analytics is your consent (e.g. via an opt-in in the cookie banner), provided that you have given us this consent during your visit to our services and therefore results from Art. 6 para. 1 lit. a GDPR. Cookies are stored on your end device on the basis of your consent and personal data is read out as a result. If you have not given us your consent to the use of Google Analytics (no opt-in in the cookie banner or revocation of your consent), we will not (or no longer) use Google Analytics in the context of your visits to our services.
Microsoft Clarity
We use Microsoft Clarity for the purpose of statistically evaluating your use of our services. Processed data are usage data & connection data. The recipient of the data is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland (as joint controller, Art. 26 GDPR). If Microsoft transfers this data to a third country (e.g. the USA), this will only be done on a case-by-case basis, on the basis of an order processing contract concluded with Microsoft and in accordance with standard contractual clauses agreed with Microsoft and other security measures permitted by the GDPR, which ensure the security of the processing of your personal data with a level of protection identical to that in the EU, in particular on the basis of the EU-US Data Privacy Framework (DPF). The legal basis for the use of Microsoft Clarity is your consent (e.g. via an opt-in in the consent banner), provided that you have given it to us during your visit to our services and therefore results from Art. 6 para. 1 lit. a GDPR. On the basis of your consent, cookies, so-called “beacons” or similar (text) files are stored on your end device and personal data is read out as a result. If you have not given us your consent to the use of Microsoft Clarity (no opt-in in the consent banner or revocation of your consent), we will not (or no longer) use Microsoft Clarity during your visits to our services.
Mixpanel
We use Mixpanel for the purpose of statistically analyzing your use of our services. Mixpanel creates pseudonymized user profiles of your usage behavior in our services and tracks the corresponding movements and actions you make in our services. Processed data are usage data & connection data. The recipient of the data is Mixpanel Inc, 405 Howard St., Flr 2, San Francisco, CA 94105, USA (as joint controller, Art. 26 GDPR). The data is transferred to the USA on the basis of an order processing contract concluded with Mixpanel and in accordance with standard contractual clauses agreed with Mixpanel and other security measures permitted by the GDPR, which guarantee the security of the processing of your personal data with a level of protection identical to that in the EU, in particular on the basis of the EU-US Data Privacy Framework (DPF). The legal basis for the use of Mixpanel is your consent (e.g. via an opt-in in the cookie banner), provided that you have given it to us during your visit to our services and therefore results from Art. 6 para. 1 lit. a GDPR. Cookies are stored on your end device on the basis of your consent and personal data is read out as a result. If you have not given us your consent to the use of Mixpanel (no opt-in in the cookie banner or revocation of your consent), we will not use Mixpanel during your visits to our services (any more).
Meta Custom Audiences (“Meta Pixel”)
We use Facebook Custom Audiences (“Meta Pixel”) for the purpose of displaying personalized ads on the Facebook advertising network (Facebook Ads) based on your pseudonymized recorded surfing behavior. We use the meta pixel for remarketing purposes in order to be able to address you again within 180 days on the social network “Facebook”. Due to the meta pixel used, your browser automatically establishes a direct connection with the Facebook server. By integrating the meta pixel, Meta receives the information that you have accessed our services or clicked on one of our ads. If you are registered with Facebook, Meta can assign the visit to your account. In addition to the IP address and the marketing identifier, Meta also receives information about the device you are using and the time and can assign this data to your Facebook account. Meta processes this data under its own responsibility. We have no influence on data collection and further processing by Meta. Processed data is usage data & connection data. The recipient of the data is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (as joint controller, Art. 26 GDPR). If Meta transfers this data to a third country (e.g. the USA), this will only be done on a case-by-case basis, on the basis of an order processing agreement concluded with Meta and in accordance with standard contractual clauses agreed with Meta and other security measures permitted by the GDPR, which ensure the security of the processing of your personal data with a level of protection identical to that in the EU, in particular on the basis of the EU-US Data Privacy Framework (DPF). The legal basis for the use of the meta pixel is your consent (e.g. via an opt-in in the cookie banner), provided that you have given it to us during your visit to our services and therefore results from Art. 6 para. 1 lit. a GDPR. Cookies are stored on your end device on the basis of your consent and personal data is read out as a result. If you have not given us your consent to use the meta pixel (no opt-in in the cookie banner or revocation of your consent), we will not (or no longer) use the meta pixel during your visits to our services.
LinkedIn Insight Tag
We use the LinkedIn Insight Tag website analysis function. The recipient of the data is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2 Ireland (as joint controller, Art. 26 GDPR). The LinkedIn Insight tag enables the collection of data from your visit to our services, including URL, referrer URL, IP address, device and browser characteristics (user agent) and timestamp. The IP addresses are shortened or hashed. LinkedIn uses the data collected in our services for reports (in which you are not identified as a natural person) on website visitors and ad performance. LinkedIn also offers retargeting for website visitors on LinkedIn so that we can use this data to display targeted advertising outside of our services. Processed data is therefore usage data & connection data. If LinkedIn transfers this data to a third country (e.g. the USA), this is only done on a case-by-case basis, on the basis of an order processing contract concluded with LinkedIn and in accordance with standard contractual clauses agreed with LinkedIn and other security measures permitted by the GDPR, which ensure the security of the processing of your personal data with a level of protection identical to that in the EU, in particular on the basis of the EU-US Data Privacy Framework (DPF). The legal basis for the use of the LinkedIn Insight tag is your consent (e.g. via an opt-in in the cookie banner), provided that you have given us this consent during your visit to our services and therefore results from Art. 6 para. 1 lit. a GDPR. Cookies are stored on your end device on the basis of your consent and personal data is read out as a result. If you have not given us your consent to use the LinkedIn Insight tag (no opt-in in the cookie banner or revocation of your consent), we will not (or no longer) use the LinkedIn Insight tag during your visits to our services.
3.8 Newsletter
With your consent (regularly by subscribing), we will send you newsletters, e-mails and other electronic notifications (hereinafter “newsletter”). Our newsletters generally contain technical, commercial and promotional information about our services.
To subscribe to our newsletter, it is generally sufficient for you to provide your e-mail address. If necessary, we may ask you to provide additional information such as your name or similar.
Registration for our newsletter always takes place in a so-called double opt-in procedure. After registering for our newsletter, you will receive an e-mail asking you to confirm your registration by clicking on a confirmation link. This confirmation is necessary to prevent someone else from subscribing to a newsletter with your e-mail address. We keep a record of newsletter registrations in order to be able to prove the registration process in accordance with legal requirements. For this purpose, we store the time of registration and confirmation as well as your IP address. Changes to your data stored with the mailing service provider are also logged.
You can unsubscribe from our newsletter at any time. To do so, simply click on the “Unsubscribe” button in the footer of each newsletter. If you unsubscribe from our newsletter, your email address may be stored for up to three years on the basis of our legitimate interests before we delete it so that we can prove that you previously gave your consent.
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 mailing system.
Our newsletters contain a so-called “web-beacon”. A web beacon is a pixel-sized file that is retrieved from our server (or from the server of a mailing service provider) when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval, is initially collected.
This information is used for the technical improvement of our newsletter based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined using the IP address) or access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the mailing service provider to observe individual users. Rather, the evaluations help us to recognize 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 evaluation of the newsletter and the measurement of success are carried out, subject to the express consent of the users, on the basis of our legitimate interests for the purposes of using a user-friendly and secure newsletter system that serves both our business interests and meets the expectations of the users.
The legal basis for sending newsletters and thus also for the use of web beacons is your consent, provided that you have given it to us by subscribing to the newsletter and therefore results from Art. 6 para. 1 lit. a GDPR. If you have not given us your consent to send you newsletters, we will not send you any newsletters (any more). This also automatically eliminates the use of web beacons.
MailChimp
We use the services of MailChimp to send newsletters. MailChimp is a service with which, among other things, the sending of newsletters can be organized and analyzed. If you enter data for the purpose of subscribing to the newsletter (e.g. e-mail address), this data is stored on MailChimp's servers in the USA. With the help of MailChimp, we can analyze our newsletter campaigns. When you open an email sent with MailChimp, a file contained in the email (known as a web beacon) connects to MailChimp's servers in the USA. This makes it possible to determine whether a newsletter message has been opened and which links, if any, have been clicked on. Technical information is also collected (e.g. time of access, IP address, browser type and operating system). This information cannot be assigned to the respective newsletter recipient. It is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients. If you do not wish to be analyzed by MailChimp, you must unsubscribe from the newsletter.
We provide a link for this purpose in every newsletter message. You can also unsubscribe from the newsletter directly in our services. The data you provide us with for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and deleted from our servers as well as from the servers of MailChimp after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. email addresses for the member area) remain unaffected by this. The provider of Mailchimp and therefore the recipient of the data is Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. The transfer of your personal data to a third country such as the USA only takes place in individual cases, on the basis of an order processing contract concluded with MailChimp, in accordance with standard contractual clauses agreed with Mailchimp and other security measures permitted by the GDPR, which guarantee the security of the processing of your personal data with a level of protection identical to that in the EU, in particular on the basis of the EU-US Data Privacy Framework (DPF). The processing of the data processed in the context of sending the newsletter is based on your consent (Art. 6 para. 1 lit. a GDPR). You can revoke your consent at any time, for example via the “Unsubscribe” link in the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
For more information, please refer to MailChimp's privacy policy at: https://mailchimp.com/de/gdpr/.
3.9 Fanpages on Social Media Websites
We maintain fan pages on the websites of social networks on the Internet and process personal data in this context in order to communicate with the users active there or to offer information about us. We would like to point out that your data may be processed outside the European Union when you visit our fan pages. The operators of the respective social networks are responsible for this. You can find a detailed description of the respective forms of processing and objection options (e.g. opt-out) in the privacy policies of the operators of the respective social networks.
We operate a Facebook fan page for our company on Facebook. When you visit the Facebook fan page, Facebook can evaluate your usage behavior and provide us with information obtained from this (“Insights”). Page Insights are used for the purposes of economic optimization and needs-based design of our services. The categories of data processed may include master data, contact data, content data, usage data and connection data. The recipient of the data is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, as joint controller pursuant to Art. 26 GDPR. The legal basis for the processing of the data in accordance with the provisions mentioned here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR.
Facebook is responsible for implementing your rights as a data subject. Facebook informs you about your rights as a data subject at: https://www.facebook.com/legal/terms/information_about_page_insights_data. You can also assert your rights against us; we will then forward your request to Facebook immediately.
We operate a so-called Instagram fan page for our company on Instagram. When you visit the Instagram fan page, Meta can evaluate your usage behavior and provide us with information obtained from this (“Insights”). The page insights are used for the purpose of economic optimization and needs-based design of our website/services. The categories of data processed may include master data, contact data, content data, usage data and connection data. The recipient of the data is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, as joint controller pursuant to Art. 26 GDPR. The legal basis for the processing of the data in accordance with the provisions mentioned here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR.
Meta is responsible for implementing your rights as a data subject. Meta will inform you about your rights as a data subject at: https://privacycenter.instagram.com/policy. You can also assert your rights against us; we will then forward your request to Meta immediately.
We operate a Pinterest fan page for our company on Pinterest. When you visit the Pinterest fan page, Pinterest can evaluate your usage behavior and provide us with information obtained from this (“Insights”). The page insights are used for the purposes of economic optimization and needs-based design of our website/services. The categories of data processed may include master data, contact data, content data, usage data and connection data. The recipient of the data is Pinterest Europe Ltd, Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland, as joint controller pursuant to Art. 26 GDPR. The legal basis for the processing of the data in accordance with the provisions mentioned here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR.
Pinterest is responsible for implementing your rights as a data subject. Pinterest will inform you about your rights as a data subject at: https://policy.pinterest.com/de/privacy-policy. You can also assert your rights against us; we will then forward your request to Pinterest immediately.
We operate a LinkedIn fan page for our company on LinkedIn. When you visit and use the LinkedIn fan page, LinkedIn can evaluate your usage behavior and provide us with information obtained from this. This information is used for the purposes of economic optimization and needs-based design of our website/services. The categories of data processed are master data, contact data, content data, usage data and connection data. The recipient of the data is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland, as joint controller pursuant to Art. 26 GDPR. The legal basis for the processing of the data in accordance with the provisions mentioned here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR.
LinkedIn is responsible for implementing your rights as a data subject. LinkedIn informs you about your rights as a data subject at: https://de.linkedin.com/legal/privacy-policy. You can also assert your rights against us; we will then forward your request to LinkedIn immediately.
We operate a Xing fan page for our company on Xing. When you visit and use the LinkedIn fan page, New Work SE can evaluate your usage behavior and provide us with information obtained from this. This information is used for the purpose of economic optimization and needs-based design of our website/services. The categories of data processed are master data, contact data, content data, usage data and connection data. The recipient of the data is New Work SE, Dammtorstraße 30, 20354 Hamburg, Germany, as joint controller pursuant to Art. 26 GDPR. The legal basis for the processing of the data in accordance with the provisions stated here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR.
Xing is responsible for the implementation of your data subject rights. Xing will inform you about your rights as a data subject at: https://privacy.xing.com/de/datenschutzerklaerung. You can also assert your rights against us; we will then forward your request to Xing immediately.
3.10 Sharing Function
In our services, we offer you the option of sharing generated images directly on your own profiles in various social networks. Sharing always works in such a way that the social networks find out and process your IP address via corresponding plug-ins when you click on “Share”. The social networks are thus immediately informed that you have previously visited our services. Some social networks use pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to analyze information such as visitor traffic on our services. You can give or refuse the corresponding consent to the social networks as part of the “Share” function. Further information may also be stored in cookies on your device and may include technical information about your browser and operating system, the time of your visit to our services and other information about the use of our services and may be linked to information from other sources. The categories of data processed are master data, contact data, content data, usage data and connection data. The recipients of the data are the respective operators of the social networks. The legal basis for the processing of data in accordance with the provisions stated here results from our legitimate interest and thus from Art. 6 para. 1 lit. f GDPR. The operators of the social networks are responsible for implementing your rights as a data subject. Please inform yourself about your rights there.
We have included corresponding “Share” links in our services for the following social networks.
Facebook: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Facebook is responsible for implementing your data subject rights. Facebook will inform you about your rights as a data subject at: https://www.facebook.com/legal/terms/information_about_page_insights_data.
Instagram: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Meta is responsible for implementing your data subject rights. Meta will inform you about your data subject rights at: https://privacycenter.instagram.com/policy.
xing: New Work SE, Dammtorstraße 30, 20354 Hamburg, Germany. xing is responsible for the implementation of your data subject rights. xing will inform you about your rights as a data subject at: https://privacy.xing.com/de/datenschutzerklaerung.
LinkedIn: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. LinkedIn is responsible for implementing your data subject rights. LinkedIn informs you about your data subject rights at: https://de.linkedin.com/legal/privacy-policy.
4. Processing on behal
If we use external Service providers to process your data, they will be carefully selected and commissioned by us. If the Services provided by these Service providers are commissioned processing within the meaning of Art. 28 GDPR, the Service providers are bound by our instructions and are regularly monitored. In this context, our order processing contracts comply with the strict requirements of Art. 28 GDPR as well as the specifications of the German data protection authorities.
5. Data subject right
If your personal data is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights as a user against the controller:
5.1 Right to information
You may request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing exists, you may request information from the controller about the following:
· The purposes for which the personal data are processed;
· the categories of personal data which are processed;
· the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
· the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
· the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
· the existence of a right of appeal to a supervisory authority;
· any available information about the origin of the data, if the personal data are not collected from the data subject;
· the existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
· You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
5.2 Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
5.3 Right to restriction of processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
· if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
· the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
· the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or
· if you have objected to the processing pursuant to Article 21 (1) GDPR and it has not yet been determined whether the controller's legitimate grounds override your grounds.
· If the processing of personal data concerning you has been restricted, such data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
5.4 Right to erasure
5.4.1 You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase this data without undue delay, if one of the following reasons applies:
· The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
· You withdraw your consent on which the processing was based pursuant to Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR and there is no other legal basis for the processing.
· You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the You object to the processing pursuant to Art. 21 (2) GDPR.
· The personal data concerning you has been processed unlawfully.
· The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
· The personal data concerning you has been collected in relation to information society Services offered pursuant to Article 8 (1) GDPR.
5.4.2 If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
5.4.3 The right to erasure shall not apply to the extent that the processing is necessary
· For the exercise of the right to freedom of expression and information;
· for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
· for reasons of public interest in the area of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
· for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in (1) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
· for the assertion, exercise or defense of legal claims.
5.5 Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed about these recipients.
5.6 Right to data portabilit
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
the processing is based on consent pursuant to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract pursuant to Art. 6 (1) lit. b GDPR and
the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
5.7 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) lit. e or f GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility, in connection with the use of information society Services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.
5.8 Right to revoke your declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
The processing is lawful until your revocation - the revocation thus only affects the processing after receipt of your revocation. You can declare the revocation informally by mail or e-mail. The processing of your personal data will then no longer take place, subject to permission by another legal basis. If this is not the case, your data must be deleted immediately after the revocation in accordance with Art. 17 (2) GDPR. Your right to revoke your consent subject to the above conditions is guaranteed.
Your revocation should be addressed to:
ESPATU UG (haftungsbeschränkt)
Hasselstr. 3
65812 Bad Soden am Taunus
Germany
E-MAIL: contac@espatu.com
5.10 Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint has been lodged will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
6. Automated decisions in individual cases including profiling.
Automated decisions in individual cases including profiling do not take place.
7. Notification obligations of the responsible party
If your personal data have been disclosed to other recipients (third parties) with legal grounds, we will notify them of any rectification, erasure or restriction of the processing of your personal data (Art. 16, Art. 17 (1) and Art. 18 GDPR). The notification obligation does not apply if it involves disproportionate effort or is impossible. We will also inform you about the recipients upon request.
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