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Privacy Policy

Preamble

With the following privacy policy we would like to explain to you which types of your personal data (hereinafter also referred to as "data") we process, for which purposes and to what extent. The privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as the "online offering").

The terms used are not gender-specific.

Last updated: 1 August 2022

Controller

Bernhard Krämer
Münchner Str. 2A
83623 Dietramszell
Germany

Email address: [email protected]

Overview of processing operations

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

Categories of data subjects

  • Users.

Purposes of processing

  • Provision of contractual services and fulfilment of contractual obligations.
  • Payment processing and accounting.
  • Security measures.
  • Provision of our online offering and user-friendliness.
  • Information technology infrastructure.

Below you will find an overview of the legal bases 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 provisions 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 privacy policy.

  • Performance of a contract and pre-contractual requests (Article 6(1)(1)(b) GDPR) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
  • Legal obligation (Article 6(1)(1)(c) GDPR) Processing is necessary for compliance with a legal obligation to which the controller is subject.
  • Legitimate interests (Article 6(1)(1)(f) GDPR) Processing is necessary to safeguard the legitimate interests of the controller or of a third party, provided that the interests, fundamental rights and freedoms of the data subject requiring the protection of personal data do not override them.

In addition to the data protection provisions of the General Data Protection Regulation, national data protection provisions apply in Germany. These include, in particular, the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act - BDSG). Among other things, the BDSG contains special provisions on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. Furthermore, the data protection laws of the individual federal states may apply.

Security measures

We take appropriate technical and organisational measures in accordance with the statutory requirements, taking into account the state of the art, the implementation costs and the nature, scope, context and purposes of the processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access to, input, disclosure, safeguarding of availability and separation of the data. Furthermore, we have established procedures that ensure the exercise of data subjects' rights, the erasure of data and responses to threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection by design and by default.

SSL encryption (https): In order to protect your data transmitted via our online offering, we use SSL encryption. You can recognise such encrypted connections by the prefix https:// in the address bar of your browser.

Transmission of personal data

In the course of our processing of personal data, it may happen that the data is transmitted to or disclosed to other bodies, companies, legally independent organisational units or persons. 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 statutory requirements and, in particular, conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.

Erasure of data

The data processed by us will be erased in accordance with the statutory requirements as soon as the consents permitted for processing are revoked or other permissions no longer apply (e.g. if the purpose of processing this data no longer applies or it is not required for the purpose). If the data is not erased because it is required for other and legally permissible purposes, its processing will be restricted to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons 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.

Our privacy notices may also contain further information on the retention and erasure of data that applies primarily to the respective processing operations.

Use of cookies

Cookies are small text files, or other types of storage records, that store information on end devices and read information from the end devices. For example, to store the login status in a user account, a shopping basket in an e-shop, the content accessed or the functions used within an online offering. Cookies can also be used for various purposes, e.g. for the functionality, security and comfort of online offerings as well as the creation of analyses of visitor flows.

Notes on consent: We use cookies in accordance with the statutory provisions. We therefore obtain prior consent from users, except where this is not required by law. In particular, consent is not necessary if the storage and reading of the information, including of cookies, is strictly necessary in order to provide users with a telemedia service (i.e. our online offering) they have expressly requested. The revocable consent is clearly communicated to users and contains information on the respective use of cookies.

Notes on the legal bases under data protection law: The legal basis under data protection law on which we process users' personal data with the aid of cookies depends on whether we ask users for consent. If users consent, the legal basis for processing their data is the declared consent. Otherwise, the data processed with the aid of cookies is processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offering and the improvement of its usability) or, if this is done in the context of fulfilling our contractual obligations, if the use of cookies is necessary to fulfil our contractual obligations. We clarify the purposes for which we process cookies in the course of this privacy policy or as part of our consent and processing procedures.

Storage period: With regard to the storage period, the following types of cookies are distinguished:

  • Temporary cookies (also: session cookies): Temporary cookies are erased at the latest after a user leaves an online offering and closes their end device (e.g. browser or mobile application).
  • Permanent cookies: Permanent cookies remain stored even after the end device is closed. For example, the login status can be stored or preferred content can be displayed directly when the user visits a website again. Likewise, the user data collected with the aid of cookies can be used to measure reach. Unless we provide users with explicit information on the type and storage period of cookies (e.g. as part of obtaining consent), users should assume that cookies are permanent and that the storage period can be up to two years.

General notes on revocation and objection (opt-out): Users can revoke the consent they have given at any time and also object to processing in accordance with the statutory requirements in Article 21 GDPR. Users can also declare their objection via the settings of their browser, e.g. by deactivating the use of cookies (whereby this may also limit the functionality of our online services). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.

Provision of the online offering and web hosting

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

  • Types of data processed: Usage data (e.g. websites visited, interest in content, access times); meta, communication and procedural data (e.g. device information, IP addresses); content data (e.g. entries in online forms).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Provision of our online offering and user-friendliness; information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)); security measures; provision of contractual services and fulfilment of contractual obligations.
  • Legal bases: Legitimate interests (Article 6(1)(1)(f) GDPR).

Further notes on processing operations, procedures and services:

  • Provision of online offering on rented storage space: For the provision of our online offering, we use storage space, computing capacity and software that we rent or otherwise obtain from a corresponding server provider (also called a "web host"); legal bases: Legitimate interests (Article 6(1)(1)(f) GDPR).
  • Collection of access data and log files: Access to our online offering is logged in the form of so-called "server log files". The server log files may include the address and name of the web pages and files accessed, the date and time of access, the volume of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files can be used, on the one hand, for security purposes, e.g. to avoid overloading the servers (in particular in the case of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure the utilisation and stability of the servers; legal bases: Legitimate interests (Article 6(1)(1)(f) GDPR); erasure of data: Log file information is stored for a maximum of 30 days and then erased or anonymised. Data whose further retention is necessary for evidentiary purposes is exempt from erasure until the respective incident has been finally clarified.
  • Sending and hosting of emails: The web hosting services we use also include the sending, receiving and storage of emails. For these purposes, the addresses of the recipients and senders as well as further information relating to the sending of emails (e.g. the providers involved) and the contents of the respective emails are processed. The aforementioned data may also be processed for the purpose of detecting SPAM. Please note that emails on the internet are generally not sent in encrypted form. As a rule, emails are encrypted in transit, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. We can therefore accept no responsibility for the transmission path of emails between the sender and receipt on our server; legal bases: Legitimate interests (Article 6(1)(1)(f) GDPR).
  • Laravel Cloud: Services in the field of provision of information technology infrastructure and related services (hosting and provision of our application); service provider: Laravel Holdings, Inc., USA; legal bases: Legitimate interests (Article 6(1)(1)(f) GDPR); website: https://cloud.laravel.com; privacy policy: https://cloud.laravel.com/legal/privacy-policy. The technical infrastructure is operated on servers of Amazon Web Services (AWS); Cloudflare is used for edge networking and security functions. This may involve the processing of personal data in the USA (third country). The transfer is based on the European Commission's standard contractual clauses and a data processing agreement with the provider.

Payment processing via reseller (Paddle)

For the handling of paid subscriptions, we use the payment and reseller service Paddle, which acts as a reseller ("Merchant of Record"). Paddle processes the data required for the purchase, payment processing, fraud prevention and invoicing. The payment method data itself (e.g. credit card number) is processed by Paddle or its payment service providers and is not disclosed to us in plain text.

  • Types of data processed: Inventory data (e.g. names); contact data (e.g. email addresses); contract data (e.g. subject matter of the contract, term); payment data (e.g. invoice and transaction data); usage data; meta, communication and procedural data.
  • Data subjects: Users and paying customers.
  • Purposes of processing: Provision of contractual services and customer service; payment processing and accounting; fraud prevention; compliance with legal (in particular tax) obligations.
  • Legal bases: Performance of a contract and pre-contractual requests (Article 6(1)(1)(b) GDPR); legal obligation (Article 6(1)(1)(c) GDPR); legitimate interests (Article 6(1)(1)(f) GDPR).
  • Service provider: Paddle.com Market Ltd., Judd House, 18-29 Mora Street, London EC1V 8BT, United Kingdom; privacy policy: https://www.paddle.com/legal/privacy.

Amendment and update of the privacy policy

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

Insofar as we provide addresses and contact information of companies and organisations in this privacy policy, please note that the addresses may change over time and please check the information before contacting us.

Rights of data subjects

As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 GDPR:

  • Right to object: You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data concerning you is processed for direct marketing purposes, 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 to withdraw consent: You have the right to withdraw consent you have given at any time.
  • Right of access: You have the right to request confirmation as to whether data concerning you is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with the statutory requirements.
  • Right to rectification: In accordance with the statutory requirements, you have the right to request the completion of the data concerning you or the rectification of inaccurate data concerning you.
  • Right to erasure and restriction of processing: In accordance with the statutory requirements, you have the right to request that data concerning you be erased without delay, or alternatively, in accordance with the statutory requirements, to request a restriction of the processing of the data.
  • Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, commonly used and machine-readable format in accordance with the statutory requirements, or to request its transmission to another controller.
  • Complaint 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 habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the provisions of the GDPR.

Definitions of terms

In this section you will find an overview of the terms used in this privacy policy. Many of the terms are taken from the law and defined above all in Article 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are intended primarily to aid understanding. The terms are sorted alphabetically.

  • 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.
  • Controller: "Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
  • Processing: "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers practically any handling of data, be it collecting, evaluating, storing, transmitting or erasing.

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