This privacy policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions, and content associated with it, as well as external online presences such as our social media profiles (hereinafter collectively referred to as “online offering”). With regard to the terminology used, such as “processing” or “controller,” we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Johannes Hamel Zähringerstr. 5 10707 Berlin, Germany Email: [email protected]
Link to Legal Notice: https://abapcloud.com/en/imprint/
Visitors and users of the online offering (hereinafter we also refer to the data subjects collectively as “users”).
“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.
“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.
“Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
“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.
“Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
In accordance with Art. 13 GDPR, we inform you of the legal bases for our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and perform contractual measures as well as respond to inquiries is Art. 6(1)(b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6(1)(c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6(1)(f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR serves as the legal basis.
We take appropriate technical and organizational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation, and the nature, scope, circumstances, and purposes of processing, as well as the varying likelihood and severity of risk to the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk.
These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to data, as well as access to, input, disclosure, assurance of availability, and separation of data. Furthermore, we have established procedures to ensure the exercise of data subject rights, deletion of data, and response to data threats. We also consider the protection of personal data during the development and selection of hardware, software, and procedures in accordance with the principle of data protection by design and by default (Art. 25 GDPR).
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them, or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g., if a transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6(1)(b) GDPR), you have consented, a legal obligation provides for this, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “data processing agreement,” this is done on the basis of Art. 28 GDPR.
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or disclosure or transfer of data to third parties, this only takes place if it is necessary to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have data processed in a third country only if the special requirements of Art. 44 et seq. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
You have the right to request confirmation as to whether data concerning you is being processed and to receive information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have the right, in accordance with Art. 16 GDPR, to request the completion of data concerning you or the correction of inaccurate data concerning you.
You have the right, in accordance with Art. 17 GDPR, to request that data concerning you be deleted without undue delay, or alternatively, in accordance with Art. 18 GDPR, to request restriction of the processing of the data.
You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request its transmission to other controllers.
You also have the right, in accordance with Art. 77 GDPR, to lodge a complaint with the competent supervisory authority.
You have the right to withdraw consent given in accordance with Art. 7(3) GDPR with effect for the future.
You may object at any time to the future processing of data concerning you in accordance with Art. 21 GDPR. The objection may be made in particular against processing for direct marketing purposes.
“Cookies” are small files that are stored on users’ computers. Different information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie may store, for example, the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be stored if users visit it after several days. Likewise, the interests of users can be stored in such a cookie, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online offering (otherwise, if they are only their cookies, they are called “first-party cookies”).
We may use temporary and permanent cookies and clarify this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional restrictions of this online offering.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that in this case, not all functions of this online offering may be used.
The data processed by us will be deleted or restricted in its processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any legal retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. 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 reasons.
According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with §§ 147(1) AO, 257(1) No. 1 and 4, (4) HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257(1) No. 2 and 3, (4) HGB (commercial letters).
According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with § 132(1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents in connection with electronically provided services, telecommunications, radio, and television services provided to non-entrepreneurs in EU member states for which the Mini-One-Stop-Shop (MOSS) is used.
Additionally, we process:
from our customers, prospects, and business partners for the purpose of providing contractual services, service, and customer care, marketing, advertising, and market research.
Newsletters are sent using the dispatch service provider “MailChimp,” a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The privacy policy of the dispatch service provider can be viewed here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection level (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The dispatch service provider is used on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR and a data processing agreement pursuant to Art. 28(3)(1) GDPR.
The dispatch service provider may use the data of recipients in pseudonymous form, i.e., without assignment to a user, to optimize or improve its own services, e.g., for technical optimization of dispatch and presentation of newsletters or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services, and technical maintenance services that we use for the purpose of operating this online offering.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospects, and visitors to this online offering on the basis of our legitimate interests in efficient and secure provision of this online offering pursuant to Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of data processing agreement).
We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR. Access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.
Log file information is stored for security reasons (e.g., for the investigation of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further retention is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
We use Google Analytics, a web analytics service provided by Google LLC (“Google”), on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR). Google uses cookies. The information generated by the cookie about the use of the online offering by users is generally transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on activities within this online offering, and to provide us with further services related to the use of this online offering and internet usage. Pseudonymous user profiles can be created from the processed data.
We only use Google Analytics with IP anonymization enabled. This means that the IP address of users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offering to Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
For more information about data use by Google, settings and objection options, please refer to Google’s privacy policy (https://policies.google.com/technologies/ads) and the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).
The personal data of users is deleted or anonymized after 14 months.
We maintain online presences within social networks and platforms in order to communicate with customers, prospects, and users active there and to inform them about our services.
We point out that user data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users’ rights. With regard to US providers certified under the Privacy Shield, we point out that they thereby commit to complying with EU data protection standards.
Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from usage behavior and the resulting interests of users. The user profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of users. For these purposes, cookies are generally stored on users’ computers, in which usage behavior and interests of users are stored. Furthermore, data independent of the devices used by users can also be stored in the user profiles (especially if users are members of the respective platforms and are logged in to them).
The processing of users’ personal data is carried out on the basis of our legitimate interests in effective user information and communication with users pursuant to Art. 6(1)(f) GDPR. If users are asked by the respective providers to consent to data processing (i.e., declare their consent, e.g., by checking a checkbox or confirming a button), the legal basis for processing is Art. 6(1)(a), Art. 7 GDPR.
For a detailed description of the respective processing and objection options (opt-out), we refer to the information provided by the providers linked below.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to user data and can take appropriate measures and provide information directly. If you still need help, you can contact us.
Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) - Privacy Policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
Google/YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Privacy Policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Policy/Opt-Out: http://instagram.com/about/legal/privacy/.
Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) - Privacy Policy: https://twitter.com/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.
Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Privacy Policy/Opt-Out: https://about.pinterest.com/privacy-policy.
LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) - Privacy Policy: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.
Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) - Privacy Policy/Opt-Out: https://privacy.xing.com/en/privacy-policy.
We use content or service offerings from third-party providers within our online offering on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR) to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always requires that the third-party providers of this content perceive the IP address of users, as without the IP address they would not be able to send the content to their browser. The IP address is thus required for the display of this content. We endeavor to use only content whose respective providers use the IP address only to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit, and other information about the use of our online offering, as well as be linked to such information from other sources.
We may embed videos from the “Vimeo” platform of the provider Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy Policy: https://vimeo.com/privacy. We point out that Vimeo may use Google Analytics and refer to the privacy policy (https://www.google.com/policies/privacy) and opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=en) or Google’s settings for data use for marketing purposes (https://adssettings.google.com/).
We embed videos from the “YouTube” platform of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
We embed fonts (“Google Fonts”) from the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Created with Privacy Policy Generator by RA Dr. Thomas Schwenke