Preamble
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: 16 April 2023
Table of contents
- Preamble
- 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
- Providers and services used in the course of business
- Payment procedure
- Provision of the online offer and web hosting
- Registration, login and user account
- Contact and enquiry management
- Push messages
- Application procedure
- Newsletter and electronic notifications
- Presence in social networks (social media)
- Management, organisation and auxiliary tools
- Amendment and update of the privacy policy
- Rights of the data subjects
- Definitions of terms
Responsible
Stageapp Services GmbH
Kieselweg 1
22395 Hamburg
Authorised representatives:
Sebastian Kraft
E-Mail: office@castapp.pro
Imprint:
https://castapp.pro/imprint
Contact Data Protection Officer
Fabian Knoop
netCo.privacy GmbH
Reimerstwiete 11
20457 Hamburg
E-Mail: dataprotection@castapp.pro
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.
- Contact details.
- Content data.
- Contract data.
- Usage data.
- Meta, communication and procedural data.
- Applicant data.
Categories of persons concerned:
- Customers.
- 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.
- Managing and responding to enquiries.
- Application procedure.
- Feedback.
- Marketing.
- Provision of our online offer and user-friendliness.
- Information technology infrastructure.
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 sent. 1 lit. a) DSGVO) - The data subject has given his/her consent to the processing of personal data relating to him/her for a specific purpose or purposes.
- Contract performance and pre-contractual enquiries (Art. 6 (1) p. 1 lit. b) DSGVO) - 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) DSGVO) - Processing is necessary for compliance with a legal obligation to which the controller is subject.
- Legitimate interests (Art. 6 (1) p. 1 lit. f) DSGVO) - 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. 6(1)(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 regard. If the data protection officer or the data subject requests data from job applicants (e.g. health data, such as severely disabled persons 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 Article 9(2)(b) of the GDPR. DSGVO, in the case of the protection of vital interests of the applicants or other persons pursuant to Art. 9 para. 2 lit. c. DSGVO 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. DSGVO. 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. DSGVO.
In addition to the data protection regulations of the GDPR, 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.
Contact requests
In the case of contact enquiries, we process your personal data such as name, address, e-mail address, etc., which we require to respond to your enquiry.
The legal basis for the processing of your personal data in the context of contact requests is Art. 6 para. 1 b) of the General Data Protection Regulation.
In the context of contact enquiries, we store your personal data for as long as is necessary to process your enquiry, plus a reasonable retention period for queries.
The provision of this personal data is not required by law or contract or necessary for the conclusion of a contract. However, if you do not provide us with this data, we will not be able to respond to your contact request or - in the case of restricted contact details - not be able to respond to all requested communication channels.
Use of the website
When using our website, our hosting provider logs so-called "log file" data each time the server is accessed, such as the name of the website accessed, the page previously visited ("referrer" URL), the product and version information of the browser and operating system used, the requesting provider, the date and time of access, the search engines used, the country of access, the amount of data transferred, the names of downloaded files and the IP address.
The legal basis for the processing is Article 6 (1) f) DSGVO. Our legitimate interest in storing the log file data is to ensure system security, including the detection of misuse. The IP addresses are deleted after a maximum of 7 days, unless they are needed for longer due to a security-relevant incident, e.g. for clarification or for evidence purposes.
You do not have the right to object to our processing of your personal data as described above, as the aforementioned compelling legitimate grounds for our processing override your interests, rights and freedoms, and our processing also serves the purpose of asserting, exercising or defending legal claims.
Registration
When you register or place orders, we process your personal data such as name, address, e-mail address, date of birth, payment data, etc., which we require for the fulfilment of the contractual relationship with you or for the implementation of pre-contractual measures that take place at your request.
We store your personal data collected in the course of registration or ordering for as long as is necessary for the fulfilment of the contractual relationship (including the provision of the customer account, if applicable) and/or for the implementation of pre-contractual measures in response to your request and/or with regard to warranty, guarantee or comparable obligations and/or with regard to statutory retention periods.
The legal basis for the processing of your personal data collected in the context of registration or orders is Art. 6 para. 1 b) and Art. 6 para. 1 c) of the General Data Protection Regulation.
The provision of this personal data is not required by law or contract. However, it is necessary for the conclusion of the contract, i.e. the execution of the registration or order, insofar as the relevant information is mandatory (instead of only voluntary) in our registration/order process.
The artist profiles with the personal data entered by the artist such as name, contact details, curriculum, physical characteristics relevant for the selection of the performers, skills etc. are passed on to the casting accounts and agency accounts connected to the Castapp platform within the framework of the platform functionalities.
The essential uses of the artist profiles that are made possible for the connected casting accounts and agency accounts through the platform functionalities are listed in section 3 of our GTC.
The artist profiles will be kept on the platform until the artist deletes his profile or his user account on the platform or the artist's user contract with us expires or until it is no longer necessary for other reasons for the fulfilment of the contractual relationship and/or for the implementation of pre-contractual measures at the request of the artist and/or with regard to warranty, guarantee or comparable obligations and/or with regard to statutory retention periods; the latest point in time shall apply in each case.
The legal basis for the processing of the artist profiles is Art. 6 (1) b) DSGVO (processing necessary for the performance of a contract to which the data subject is party or necessary for the implementation of pre-contractual measures taken at the request of the data subject).
The provision of this personal data is not required by law or contract. However, it is necessary for the conclusion of the contract, i.e. the implementation of our brokerage services.
The artist has the option to create a personalised profile link to make their selected videos from their Castapp account accessible. By creating this personalised link, the artist can choose which of their videos should be displayed on this link. In addition to the videos, the artist's entire profile and contact details are displayed. The artist has the option to set the validity period of the link when creating it. The link can either be deleted automatically after 7 or 30 days or remain as a permanent link. By using this personalised profile link, the artist agrees to the selected information being made publicly available.
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 to, entry into, disclosure of, assurance of availability of 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.
TLS encryption (https): In order to protect your data transmitted via our online offer, we use TLS 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, the data may be transferred to 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.
Transfer of data within the organisation: We may transfer or provide access to personal data to other entities within our organisation. Where this transfer is for administrative purposes, the transfer of data is based on our legitimate corporate and business interests or is made where it is necessary for the performance of our contract-related obligations or where there is consent from the data subjects or legal permission.
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 is only done in accordance with the legal 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 DSGVO, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).
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 has ceased to apply or 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. I.e. the data is 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.
Our privacy notices may also contain further information on the retention and deletion of data, which will take precedence for the respective processing operations.
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 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, 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. Cookies that are strictly necessary generally include cookies with functions that serve the display and operability of the online offer , load balancing, security, storage of users' preferences and choices or similar purposes related to the provision of the main and secondary functions of the online offer requested by users. The revocable consent will be clearly communicated to the users and will contain 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 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 terminal 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 on 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 consents they have given at any time and also file an objection to processing in accordance with the legal requirements in Art. 21 DSGVO. Users can also declare their objection via their browser settings, e.g. by deactivating the use of cookies (although this may also restrict the functionality of our online services).
Cookie settings/ objection option:
In this section we inform you about the use of cookies on our website.
We only use functional cookies to make the use of the website easier and more convenient for the visitor or to enable certain functions in the first place. Accordingly, we have a legitimate interest within the meaning of Art. 6 (1) f) of the General Data Protection Regulation in this processing. The legal basis for the processing of your personal data by us in connection with the use of cookies is Art. 6 (1) f) of the General Data Protection Regulation. In the context of the use of cookies, we store your personal data for as long as is necessary to make the use of our website easier and more convenient. The provision of this personal data is not required by law or contract or necessary for the conclusion of a contract. If you do not provide us with this data, we will not be able to make the use of our website easier and more convenient.
In your browser you can set that cookies are only accepted if you agree to this, how to reject new cookies and how to switch off cookies you have already received. However, if you reject cookies, you may not be able to use certain website features, services, applications or tools.
Business services
We process data of our contractual and business partners, e.g. customers and interested parties (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., in principle after 4 years, unless the data is stored in a customer account, e.g., as long as it must be retained for legal archiving reasons. The statutory retention period for documents relevant under tax law as well as for commercial books, inventories, opening balances, annual financial statements, the work instructions required to understand these documents and other organisational documents and accounting vouchers is ten years and for received commercial and business letters and reproductions of sent commercial and business letters six years. The period shall begin at the end of the calendar year in which the last entry was made in the book, the inventory, the opening balance sheet, the annual accounts or the management report was drawn up, the commercial or business letter was received or sent or the accounting document was created, furthermore the recording was made or the other documents were created.
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.
- 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 and procedural data (e.g. IP addresses, time data, identification numbers, consent status).
- Affected persons: Customers; interested parties; business and contractual partners.
- Purposes of processing: provision of contractual services and customer service; security measures; contact requests and communication; office and organisational procedures; administration and response to requests.
- Legal basis: Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO); Legal obligation (Art. 6 para. 1 p. 1 lit. c) DSGVO); Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
Further guidance on processing operations, procedures and services:
- Customer account: Contractual partners can create an account within our online offer (e.g. customer or user account, "customer account" for short). If registration of a customer account is required, contractual partners will be informed of this and of the information required for registration. The customer accounts are not public and cannot be indexed by search engines. Within the scope of registration and subsequent logins and use of the customer account, we store the IP addresses of the customers together with the access times in order to be able to prove the registration and to prevent any misuse of the customer account.If customers have terminated their customer account, the data relating to the customer account will be deleted, subject to their retention being required for legal reasons. It is the responsibility of the customers to save their data when the customer account is terminated; legal basis: fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO).
- Offer of 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 be able to guarantee 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 order, purchase order or comparable contract conclusion 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; legal basis: contract performance and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b) DSGVO).
Providers and services used in the course of business
In the course of our business operations, we use additional services, platforms, interfaces or plug-ins from third-party providers ("services" for short) in compliance with legal requirements. Their use is based on our interests in the proper, lawful and economic management of our business operations and our internal organisation.
- 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); content data (e.g. entries in online forms); contract data (e.g. subject matter of contract, term, customer category).
- Data subjects: Customers; prospective customers; users (e.g. website visitors, users of online services); business and contractual partners; employees (e.g. employees, applicants, former employees).
- Purposes of processing: provision of contractual services and customer service; office and organisational procedures.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
Further guidance on processing operations, procedures and services:
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 efficient and secure payment options to data subjects and use other service providers in addition to banks and credit institutions for this purpose (collectively "payment service providers").
The data processed by the payment service providers include inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as the contract, sum and recipient-related details. The information is required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored with 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 payment service providers may transmit the data 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); payment data (e.g. bank details, invoices, payment history); contractual data (e.g. subject matter of contract, term, customer category); usage data (e.g. websites visited, interest in content, access times); meta, communication and procedural data (e.g. IP addresses, time data, identification numbers, consent status).
- 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) DSGVO).
Further guidance on processing operations, procedures and services:
- Stripe: Payment services (technical connection of online payment methods); Service provider: Stripe, Inc, 510 Townsend Street, San Francisco, CA 94103, USA; legal basis: contract performance and pre-contractual requests (Art. 6 para. 1 p. 1 lit. b) DSGVO); website: https://stripe.com; Privacy policy: https://stripe.com/de/privacy.
Provision of the online offer and web hosting
We process users' data in order to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or terminal device.
- Types of data processed: Usage data (e.g. websites visited, interest in content, access times); meta, communication and procedural data (e.g. IP addresses, time data, identification numbers, consent status); content data (e.g. entries in online forms).
- Data subjects: Users (e.g. website visitors, users of online services); customers.
- Purposes of processing: provision of our online offer 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 customer service.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
Further guidance on processing operations, procedures and services:
- Provision of online offer on rented storage space: For the provision of our online offer, we use storage space, computing capacity and software that we rent or otherwise obtain from a corresponding server provider (also called "web hoster"); Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
- Collection of access data and log files: Access to our online offer 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 may be used for security purposes, for example, to prevent server overload (especially in the event of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure server utilisation and stability; legal basis: legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymised. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the final clarification of the respective incident.
- 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; legal basis: legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
- Sentry: Monitoring of system stability and detection of code errors - information on the device or time of error is collected pseudonymously and is subsequently deleted; Service provider: Functional Software Inc, Sentry, 132 Hawthorne Street, San Francisco, California 94107, USA; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Website: https://sentry.io; Security measures: defined (undefined), undefined (undefined), undefined (undefined), undefined (undefined); Privacy policy: https://sentry.io/privacyStandard contractual clauses (guaranteeing the level of data protection in the case of processing in third countries): https://sentry.io/legal/dpa/.
Registration, login and user account
Users can create a user account. As part of the registration process, users are provided with the required mandatory information and this information is 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, addresses); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); meta, communication and process data (e.g. IP addresses, time data, identification numbers, consent status).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: provision of contractual services and customer service; security measures; administration and response to enquiries; provision of our online offer and user-friendliness.
- Legal basis: Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO); Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
Further guidance on processing operations, procedures and services:
- Registration with pseudonyms: Users may use pseudonyms as user names instead of plain names; legal basis: fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO).
- Users' profiles are not public: Users' profiles are not publicly visible or accessible.
- Setting the visibility of profiles: Users can use settings to determine the extent to which their profiles are visible or accessible to the public or only to certain groups of people; Legal basis: Contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO).
- Deletion of data after termination: If users have terminated their user account, their data with regard to the user account will be deleted, subject to legal permission, obligation or consent of the users; legal basis: contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO).
- No obligation to retain data: It is the responsibility of the users to save their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract; legal basis: fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO).
Contact and enquiry management
When contacting us (e.g. by post, contact form, email, telephone or via social media) as well as in the context of existing user and business relationships, the information of the enquiring persons is processed to the extent necessary to answer the contact enquiries and any measures requested.
- 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 and process data (e.g. IP addresses, time data, identification numbers, consent status); inventory data (e.g. names, addresses); contract data (e.g. subject matter of contract, term, customer category).
- Persons concerned: Communication partners; customers; interested parties; business and contractual partners.
- Purposes of processing: contact requests and communication; managing and responding to requests; feedback (e.g. collecting feedback via online form); providing our online offer and user experience; providing contractual services and customer service; office and organisational procedures; marketing.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
Further guidance on processing operations, procedures and services:
Push messages
With users' consent, we may send users so-called "push notifications". These are messages that are displayed on users' screens, devices or browsers, even if our online service is not being actively used at the time.
In order to sign up for the push messages, users must confirm the query of their browser or terminal device to receive the push messages. This consent process is documented and stored. The storage is necessary to recognise whether users have consented to receive the push messages and to be able to prove the consent. For these purposes, a pseudonymous identifier of the browser (so-called "push token") or the device ID of an end device is stored.
On the one hand, the push messages may be necessary for the fulfilment of contractual obligations (e.g. technical and organisational information relevant to the use of our online offer) and are otherwise sent on the basis of user consent, unless specifically mentioned below. Users can change the receipt of push messages at any time using the notification settings of their respective browsers or end devices.
- Types of data processed: Usage data (e.g. web pages visited, interest in content, access times); meta, communication and procedural data (e.g. IP addresses, time data, identification numbers, consent status).
- Affected persons: Communication partner.
- Purposes of processing: provision of our online offer and user-friendliness; coverage measurement (e.g. access statistics, recognition of returning visitors); direct marketing (e.g. by e-mail or post).
- Legal basis: consent (Art. 6 para. 1 p. 1 lit. a) DSGVO); contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO).
Further guidance on processing operations, procedures and services:
- Push messages with promotional content: The push notifications we send may contain promotional information. The promotional push messages are processed on the basis of user consent. If, in the context of consent to receive the promotional push messages, their content is specifically described, the descriptions are authoritative for the consent of the users. Otherwise, our newsletters contain information about our services and us; legal basis: consent (Art. 6 para. 1 p. 1 lit. a) DSGVO).
- Analysis and performance measurement: We evaluate push messages statistically and can thus recognise whether and when push messages were displayed and clicked on. This information is used to technically improve our push messages based on technical data or target groups and their viewing behaviour or viewing times. This analysis also includes determining whether the push messages are opened, when they are opened and whether users interact with their content or buttons. For technical reasons, this information can be assigned to the individual push message recipients. However, it is neither our intention nor, if used, that of the push message service provider to observe individual users. The analyses serve us rather to recognise the usage habits of our users and to adapt our push messages to them or to send different push messages according to the interests of our users.The analysis of the push messages and the measurement of success take place on the basis of the express consent of the users, which takes place with the consent to receive the push messages. Users can object to the analysis and performance measurement by unsubscribing from the push messages. A separate revocation of the analysis and performance measurement is unfortunately not possible; legal basis: consent (Art. 6 para. 1 p. 1 lit. a) DSGVO).
- OneSignal: Sending and managing push notifications; Service provider: OneSignal, Inc, 2850 S Delaware St Suite 201, San Mateo, CA 94403, USA; legal basis: consent (Art. 6 para. 1 p. 1 lit. a) DSGVO); website: https://onesignal.com; Privacy policy: https://onesignal.com/privacy_policyStandard contractual clauses (guaranteeing the level of data protection in the case of processing in third countries): are concluded with the provider.
Electronic notifications (emails)
We send e-mails and other electronic notifications (hereinafter "notifications") only with the consent of the recipients or a legal permission.
Contents:
Information about us, our services, promotions and offers.
- Types of data processed: inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); meta, communication and procedural data (e.g. IP addresses, time data, identification numbers, consent status); usage data (e.g. websites visited, interest in content, access times).
- Data subjects: Communication partners; customers; interested parties; users (e.g. website visitors, users of online services).
- Purposes of processing: direct marketing (e.g. by email or post); marketing; reach measurement (e.g. access statistics, recognition of returning visitors).
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a) DSGVO); Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
- 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: The newsletters contain a so-called "web beacon", i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a dispatch service provider, from their server. 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 evaluations serve 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 the opening rates and the click rates as well as the storage of the measurement results in the profiles of the users as well as their further processing are based on the consent of the users. 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; legal basis: consent (Art. 6 para. 1 p. 1 lit. a) DSGVO).
- Zapier: Automation of processes, merging of different services, import and export of personal and contact data as well as analyses of these processes; Service provider: Zapier, Inc, 548 Market St #62411, San Francisco, California 94104, USA; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Website: https://zapier.com; Privacy policy: https://zapier.com/privacyStandard contractual clauses (guaranteeing the level of data protection in the case of processing in third countries): https://zapier.com/tos (part of the GTC).
- Postmark: Email marketing platform; Service provider: ActiveCampaign, Inc, 1 N Dearborn, 5th Floor Chicago, Illinois 60602, USA; legal basis: consent (Art. 6 para. 1 p. 1 lit. a) DSGVO); website: https://postmarkapp.com/; Privacy policy: https://postmarkapp.com/privacy-policy; Order processing agreement: https://postmarkapp.com/dpa; Standard contractual clauses (guaranteeing the level of data protection in the case of processing in third countries): https://postmarkapp.com/dpa; Further information: https://postmarkapp.com/eu-privacy.
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 and process data (e.g. IP addresses, time data, identification numbers, consent status).
- 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) DSGVO).
Further guidance on processing operations, procedures and services:
- Instagram: Social network; Service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Website: https://www.instagram.com; Privacy policy: https://instagram.com/about/legal/privacy.
- 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: https://www.facebook.com/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: https://www.facebook.com/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 the content associated with them. We have entered into a specific agreement with Facebook ("Page Insights Information", https://www.facebook.com/legal/terms/page_controller_addendum), which regulates in particular which security measures Facebook must observe and in which Facebook has agreed to fulfil the rights of data subjects (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" (https://www.facebook.com/legal/terms/information_about_page_insights_data); Service provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Website: https://www.facebook.com; Privacy policy: https://www.facebook.com/about/privacyStandard contractual clauses (guaranteeing the level of data protection in the case of processing in third countries): https://www.facebook.com/legal/EU_data_transfer_addendum; Further information: Shared Responsibility Agreement: https://www.facebook.com/legal/terms/information_about_page_insights_data. The joint responsibility is limited to the collection by and transfer of data to Meta Platforms Ireland Limited, a company based in the EU. Further processing of the data is the sole responsibility of Meta Platforms Ireland Limited, which concerns in particular the transfer of the data to the parent company Meta Platforms, Inc. in the USA (on the basis of the standard contractual clauses concluded between Meta Platforms Ireland Limited and Meta Platforms, Inc.)
- LinkedIn: Social network; Service provider: LinkedIn Ireland Unlimited Company, Wilton Plaza Wilton Place, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Website: https://www.linkedin.com; Privacy policy: https://www.linkedin.com/legal/privacy-policy; Order processing agreement: https://legal.linkedin.com/dpa; Standard contractual clauses (guaranteeing the level of data protection in the case of processing in third countries): https://legal.linkedin.com/dpa; Opt-out option: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
- TikTok: Social network / video platform; Service provider: TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Website: https://www.tiktok.com; Privacy policy: https://www.tiktok.com/de/privacy-policy.
- Twitter: social network; service provider: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland, parent company: Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Privacy policy: https://twitter.com/privacy, (Settings: https://twitter.com/personalization).
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.
- 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 and procedural data (e.g. IP addresses, time data, identification numbers, consent status); Contact data (e.g. e-mail, telephone numbers).
- Data subjects: Communication partners; users (e.g. website visitors, users of online services).
- Purposes of processing: provision of contractual services and customer service; office and organisational procedures; contact requests and communication; direct marketing (e.g. by email or post).
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
Further guidance on processing operations, procedures and services:
- AI software (on own server): Use of "artificial intelligence" in the applicable legal sense of the term, i.e. software based primarily on certain logic and essentially autonomous to understand and generate natural language or other inputs as well as data, analyse information and make predictions; Service provider: Execution on servers and/or computers under our data protection responsibility without passing on data to other recipients; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
- Slack: Instant messaging service; Service provider: Slack Technologies, Inc, 500 Howard Street, San Francisco, CA 94105, USA; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Website: https://slack.com/intl/de-de/; Privacy policy: https://slack.com/intl/de-de/legal; Order processing agreement: https://slack.com/intl/de-de/terms-of-service/data-processing; Standard contractual clauses (guaranteeing the level of data protection in the case of processing in third countries): https://slack.com/intl/de-de/terms-of-service/data-processing; Further information: Security measures: https://slack.com/intl/de-de/security-practices.
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 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.
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)(e) or (f) DSGVO; this also applies to profiling based on these provisions. If the personal data concerning you are 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: 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 relating to you infringes the requirements of the GDPR.
Supervisory authority responsible for us:
Hamburg Commissioner for Data Protection and Freedom of Information
Ludwig-Erhard-Str 22
20459 Hamburg
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 above all 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.
- 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.
- 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.
- 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.
