Privacy Policy

INTRODUCTION

We, mix&match GmbH (hereinafter jointly referred to as “the company“, “we” or “us“) take the protection of your personal data seriously and would like to inform you at this point about data protection in our company.

Under the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: “GDPR”), there are obligations to ensure the protection of personal data of the data subject (we also address you as a data subject hereinafter as “customer”, “user”, “you”, “you” or “data subject”).

Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 DS-GVO). With this declaration (hereinafter: “Data Protection Notice“), we inform you about the manner in which your personal data is processed by us.

Our privacy policy is modular. It consists of a general part for all processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, the content of which relates in each case only to the processing situation specified there with the designation of the respective offer or product, in particular the visit to websites specified in more detail here (B. Visit to websites).

  1. General
    • Definitions

Following the example of Art. 4 DS-GVO, this data protection notice is based on the following definitions:

     -Personal data” (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).

     -Processing” (Article 4(2) of the GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e. obtaining), recording, organisation, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended use on which a data processing was originally based.

–    “Controller” (Art. 4 No. 7 DS-GVO) 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” (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller’s instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party.

     – “Third party” (Art. 4 No. 10 DS-GVO) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data; this also includes other group-affiliated legal entities.

     -Consent” (Article 4(11) of the GDPR) means any freely given specific, informed and unambiguous indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to personal data relating to him or her being processed.

  • Name and address of the controller

We are the controller of your personal data within the meaning of Art. 4 No. 7 DS-GVO:

mix&match GmbH

Kramergasse 9/14

1010 Vienna

Austria

E-mail: hello[at]getcheex.com

For further information on our company, please refer to the imprint details on our website [https://getcheex.com/imprint/].

  • Contact details of the data protection officer

If you have any questions and as a contact person on the subject of data protection at our company, our company data protection officer is available to you at all times. His contact details are:

advokIT data protection

Weißmann Data Protection GmbH

Friedrichstrasse 95

10117 Berlin

Mailing address:

Riemenschneiderstraße 4
55543 Bad Kreuznach

Privacy [at]advokit.de

  • Legal basis for data processing

In principle, any processing of personal data is prohibited by law and only allowed if the data processing falls under one of the following justifications:

-Art.             6 (1) p. 1 lit. a DS-GVO (“consent”): Where the data subject has given his or her consent, freely, in an informed manner and unambiguously, by a statement or other unambiguous affirmative act, to the processing of personal data relating to him or her for one or more specified purposes;

-Art.             6 (1) p. 1 lit. b DS-GVO: If the 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 request of the data subject;

-Art.             6 (1) p. 1 lit. c DS-GVO: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);

-Art.             6 (1) p. 1 lit. d DS-GVO: If the processing is necessary to protect the vital interests of the data subject or another natural person;

-Art.             6 (1) p. 1 lit. e DS-GVO: Where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or

-Art.             6 (1) p. 1 lit. f DS-GVO (“Legitimate Interests”): If the processing is necessary to protect legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular if the data subject is a minor).

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) lit. a DS-GVO or Art. 9 (2) lit. a DS-GVO, if special categories of data are processed according to Art. 9 (1) DS-GVO. In the case of explicit consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 (1) a DS-GVO. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g. via device fingerprinting), the data processing is additionally carried out on the basis of Section 25 (1) TTDSG. This consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 (1) lit. b DS-GVO. Furthermore, if your data is required for the fulfilment of a legal obligation, we process it on the basis of Art. 6 (1) lit. c DS-GVO. Furthermore, data processing may be carried out on the basis of our legitimate interest pursuant to Art. 6 (1) f DS-GVO. Information about the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

  • Data deletion and storage period

For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. If no explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in the European Economic Area (EEA), subject to any transfer that may take place in accordance with the regulations in A.(7) and A.(8).

However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by legal regulations to which we as the responsible party are subject. If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

  • Data security

We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

  • Cooperation with processors

We use external domestic and foreign service providers to process our business transactions (e.g. for the areas of IT, logistics, telecommunications and marketing). They are only active according to our instructions and are contractually obligated to comply with the data protection regulations in accordance with Art. 28 DS-GVO.

If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

  • Conditions for the transfer of personal data to third countries

In the course of our business relationships, your personal data may be transferred or disclosed to third party companies. These may also be located outside the EEA, i.e. in third countries. Such processing takes place exclusively for the fulfilment of contractual and business obligations and for the maintenance of your business relationship with us. We will inform you about the respective details of the transfer in the following at the relevant points.

Some third countries are certified by the European Commission as having a level of data protection comparable to the EEA standard by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is sufficiently guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognised codes of conduct.

  • No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, you are not under any legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products offered by us presented below, you will be informed of this separately.

  • Legal obligation to transmit certain data

We may, under certain circumstances, be subject to a specific legal or statutory obligation to make the lawfully processed personal data available to third parties, in particular public bodies (Art. 6 para. 1 sentence 1 lit. c DS-GVO).

  • your rights

You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A.(2). You have the right as a data subject:

-In accordance with Art. 15 DS-GVO, you may request information about your data processed by us. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data, if it was not collected by us, as well as the existence of automated decision-making, including profiling and, if applicable, meaningful information about its details;

-In accordance with Art. 16 DS-GVO, you have the right to demand the correction of incorrect data or the completion of your data stored by us without delay;

-In accordance with Art. 17 DS-GVO, you have the right to demand the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;

-According to           Art. 18 DS-GVO, you have the right to demand the restriction of the processing of your data, insofar as the correctness of the data is disputed by you or the processing is unlawful;

Pursuant to Art. 20 DS-GVO, you have the right to receive your data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller (“data portability”);

-according to            Art. 21 DS-GVO your right to object to the collection of data in special cases as well as to direct marketing (Art. 21 DS-GVO), provided that the processing is based on Art. 6 para. 1 sentence 1 lit. e or lit. f DS-GVO. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;

-Pursuant to             Art. 7 (3) DS-GVO, you have the right to revoke your consent – i.e. your voluntary, informed and unambiguous declaration or other unambiguous affirmative action that you agree to the processing of the personal data in question for one or more specific purposes – at any time, if you have given such consent.   This has the effect that we may no longer continue the data processing based on this consent for the future and

-In accordance with Art. 77 DS-GVO, you have the right to complain to a data protection    supervisory authority about the processing of your personal data in our company.

  • Changes to the data protection notice

In the context of the further development of data protection law as well as technological or organisational changes, our data protection information is regularly checked for the need to adapt or supplement it. You will be informed about changes in particular on our website. This data protection notice is valid as of June 2022.

  1. Visiting websites
    • Explanation of the function

When you visit our website, personal data may be processed.

  • Personal data processed

During the informative use of the web pages, the following categories of personal data are collected, stored and processed by us:

Server log files (“log data”)

When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

  • the page from which the page was requested (so-called referrer URL)
  • the name and URL of the requested page
  • the date and time of the call
  • the description of the type, language and version of the web browser used
  • the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
  • the amount of data transferred
  • the operating system
  • the message whether the call was successful (access status/http status code)
  • the GMT time zone difference

Inquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your enquiry including all personal data resulting from it (e.g. name and enquiry) will be stored and processed by us for the purpose of processing your request.

The processing of this data is based on Art. 6 (1) lit. b DS-GVO if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 (1) (f) DS-GVO) or on your consent (Art. 6 (1) (a) DS-GVO) if this has been requested.

The data you send us via contact requests will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after processing your request has been completed). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Registration on this website

You can register on this website to use additional functions on the site. We use the data entered for this purpose only for the purpose of using the respective offer or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise we will reject the registration.

For important changes, for example in the scope of the offer or in the case of technically necessary changes, we use the e-mail address provided during registration to inform you in this way.

The processing of the data entered during registration is carried out for the purpose of implementing the user relationship established by the registration and, if necessary, for initiating further contracts (Art. 6 para. 1 lit. b DSGVO).

The data collected during registration will be stored by us for as long as you are registered on this website and will then be deleted. Legal retention periods remain unaffected.

Newsletter data

In addition to the purely informational use of our website, we offer the subscription to our newsletter, with which we inform you about the subject areas mentioned during registration. If you register for our newsletter, the following “newsletter data” will be collected, stored and processed by us:

  • the e-mail address
  • the date and time of application and confirmation

We would like to point out that we can evaluate your user behaviour when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. The data is collected exclusively pseudonymously, i.e. the IDs are not linked with your other personal data.

 

Handling of applicant data

We offer you the opportunity to apply to us (e.g. by e-mail, post or via the online application form). In the following, we inform you about the scope, purpose and use of your personal data collected as part of the application process. We assure you that the collection, processing and use of your data will be carried out in accordance with applicable data protection law and all other statutory provisions and that your data will be treated in strict confidence.

If you send us an application, we process your associated personal data (e.g. contact and communication data, application documents, notes in the context of job interviews, etc.), insofar as this is necessary for the decision on the establishment of an employment relationship. The legal basis for this is § 26 BDSG-neu according to German law (initiation of an employment relationship), Art. 6 para. 1 lit. b DS-GVO (general contract initiation) and – if you have given your consent – Art. 6 para. 1 lit. a DS-GVO. The consent can be revoked at any time. Your personal data will only be passed on within our company to persons who are involved in processing your application.

If the application is successful, the data submitted by you will be stored in our data processing systems on the basis of § 26 BDSG-neu and Art. 6 para. 1 lit. b DS-GVO for the purpose of implementing the employment relationship.

Retention period of the data

If we are unable to make you a job offer, if you reject a job offer or withdraw your application, we reserve the right to retain the data you have provided for up to 6 months from the end of the application process (rejection or withdrawal of the application) on the basis of our legitimate interests (Art. 6 para. 1 lit. f DS-GVO).

The data is then deleted and the physical application documents destroyed. The retention serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g. due to an impending or pending legal dispute), the data will only be deleted when the purpose for continued storage no longer applies.

A longer storage can also take place if you have given a corresponding consent (Art. 6 para. 1 lit. a DS-GVO) or if legal storage obligations oppose the deletion.

Admission to the applicant pool

If we do not make you a job offer, it may be possible to include you in our applicant pool. In the event of inclusion, all documents and details from the application will be transferred to the applicant pool in order to contact you in the event of suitable vacancies.

Inclusion in the applicant pool takes place exclusively on the basis of your express consent (Art. 6 para. 1 lit. a DS-GVO). The submission of the consent is voluntary and is not related to the current application process.

The data subject may revoke his/her consent at any time. In this case, the data will be irrevocably deleted from the applicant pool, unless there are legal reasons for retention.

  • Purpose and legal basis of data processing

We process the personal data described in more detail above in accordance with the provisions of the DS-GVO, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) sentence 1 lit. f DS-GVO, the aforementioned purposes also represent our legitimate interests.

The processing of the log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO).

The newsletter data is processed for the purpose of sending the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 lit. a DS-GVO). For the registration to our newsletter, we use the so-called double opt-in procedure. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail or by sending a message to the e-mail address stated there.

  • Duration of data processing

Your data will only be processed for as long as is necessary to achieve the processing purposes mentioned above; the legal bases indicated in the context of the processing purposes apply accordingly.

Third parties engaged by us will store your data on their systems for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

  • Transfer of personal data to third parties; basis for justification

The following categories of recipients, which are usually processors (see A.(7)), may have access to your personal data:

-We use third party   service providers for the            operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO, insofar as it does not involve order processors;

-State          agencies/authorities, insofar as this is necessary for the fulfilment of a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c DS-GVO;

     -Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 (1) sentence 1 lit. b or lit. f DS-GVO.  

For the guarantees of an adequate level of data protection in case of transfer of data to third countries, see A.(8).

In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Article 6 (1) sentence 1 lit. a DS-GVO or if this is necessary on the basis of the contract with you in accordance with Article 6 (1) lit. b DS-GVO.

  • Use of cookies, plugins and other services on our website
    • Cookies and similar technologies

So-called “cookies” and comparable recognition technologies may be used on our website. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive by means of a characteristic character string, and through which certain information flows to the body that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer more user-friendly and effective overall, i.e. more pleasant for you.

Cookies can contain data that make it possible to recognize the device used. In some cases, however, cookies only contain information about certain settings that are not personally identifiable. However, cookies cannot directly identify a user.

A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:

  • Necessary or essential cookies (technical cookies) : These are mandatory in order to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;
  • Functional cookies : Cookies that collect user data to provide convenient website functions, e.g. to display a video.
  • Analysis cookies (performance cookies): These collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you – all information collected is anonymous and is only used to improve our website and find out what interests our users;
  • Marketing cookies (advertising cookies, targeting cookies): These are used to offer the website user tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;

Necessary cookies are processed on the basis of our legitimate interest according to Art. 6 para. 1 lit. f) DS-GVO to offer our users a fast, secure and stable website.

If consent to the storage of cookies and similar technologies has been requested, processing is based exclusively on this consent (Art. 6 Para. 1 lit. a DS-GVO and § 25 Para. 1 TTDSG); consent can be revoked at any time.

Unless consent is requested or another legal basis is specified, the processing is based on our legitimate interest in storing cookies for the technically error-free and optimized provision of our services.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or generally and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.

If cookies are used by third parties or for analysis purposes, we will inform you separately within the framework of this data protection declaration and, if necessary, request your consent.

  • Consent with Borlabs Cookie

Our website uses the Borlabs Cookie Consent technology to obtain your consent to the storage of certain cookies in your browser or to the use of certain technologies and to document this in accordance with data protection law. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg (hereinafter Borlabs).

When you enter our website, a Borlabs cookie is stored in your browser, which stores the consents you have given or the revocation of these consents. This data is not shared with the Borlabs cookie provider.

The collected data will be stored until you request us to delete it or until you delete the Borlabs cookie yourself or until the purpose for storing the data no longer applies. Mandatory legal retention periods remain unaffected. Details on the data processing of Borlabs Cookie can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.

The use of Borlabs cookie consent technology takes place in order to obtain the legally required consent for the use of cookies. The legal basis for this is Art. 6 para. 1 lit. c DSGVO.

  • Amazon CloudFront CDN

We use the content delivery network Amazon CloudFront CDN. The provider is Amazon Web Services EMEA SARL, 38 avenue John F. Kennedy, L-1855, Luxembourg (hereinafter “Amazon”).

Amazon CloudFront CDN is a globally distributed content delivery network. It technically routes the transfer of information between your browser and our website through the Content Delivery Network. This allows us to increase the global accessibility and performance of our website.

The use of Amazon CloudFront CDN is based on our legitimate interest in providing our website as error-free and secure as possible (Art. 6 para. 1 lit. f DSGVO).

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://aws.amazon.com/de/blogs/security/aws-gdpr-data-processing-addendum/.

For more information on Amazon CloudFront CDN, please visit: https://d1.awsstatic.com/legal/privacypolicy/AWS_Privacy_Notice__German_Translation.pdf.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

  • Amazon Web Services (AWS)

We host our website with AWS. The provider is Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, 1855 Luxembourg (hereafter AWS).

When you visit our website, your personal data is processed on AWS servers. This may also involve the transfer of personal data to the parent company of AWS in the US. The data transfer to the US is based on the EU standard contractual clauses. Details can be found here: https://aws.amazon.com/de/blogs/security/aws-gdpr-data-processing-addendum/.

For more information, please see AWS’s privacy policy: https://aws.amazon.com/de/privacy/?nc1=f_pr.

The use of AWS is based on Art. 6 (1) lit. f DS-GVO. We have a legitimate interest in the most reliable presentation of our website. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a DS-GVO and § 25 Para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

  • Hubspot CRM

We use Hubspot CRM on this website. Provider is Hubspot Inc. 25 Street, Cambridge, MA 02141 USA (hereinafter referred to as Hubspot CRM).

Among other things, Hubspot CRM allows us to manage existing and potential customers as well as customer contacts. With the help of Hubspot CRM, we are able to capture, sort, and analyze customer interactions via email, social media, or phone across different channels. The personal data collected in this way can be evaluated and used for communication with the potential customer or for marketing measures (e.g. newsletter mailings). With Hubspot CRM, we are also able to record and analyze the user behavior of our contacts on our website.

The use of Hubspot CRM is based on Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in the most efficient customer management and customer communication possible. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.

For details, see Hubspot’s privacy policy: https://legal.hubspot.com/de/privacy-policy.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.hubspot.de/data-privacy/privacy-shield.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

  • Hotjar

This website uses Hotjar. Provider is Hotjar Ltd, Level 2, St Julians Business Centre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe (Website: https://www.hotjar.com).

Hotjar is a tool for analyzing your user behavior on this website. With Hotjar we can, among other things, record your mouse movements, scrolling movements and clicks. Hotjar can also determine how long you have remained with the mouse pointer on a certain place. From this information, Hotjar creates so-called heat maps, which can be used to determine which website areas are viewed preferentially by the website visitor.

Furthermore, we can determine how long you stayed on a page and when you left it. We can also determine at which point you abandoned your entries in a contact form (so-called conversion funnels).

In addition, Hotjar can be used to obtain direct feedback from website visitors. This function serves to improve the web offers of the website operator.

Hotjar uses technologies that enable the recognition of the user for the purpose of analysing user behaviour (e.g. cookies or the use of device fingerprinting).

Insofar as consent has been obtained, the above-mentioned service is used exclusively on the basis of Art. 6 Para. 1 lit. a DS-GVO and § 25 TTDSG. The consent can be revoked at any time. If no consent has been obtained, the use of this service is based on Art. 6 para. 1 lit. f DS-GVO; the website operator has a legitimate interest in analysing user behaviour in order to optimise both its website and its advertising.

Disable Hotjar

If you would like to opt out of Hotjar’s data collection, click on the following link and follow the instructions there: https://www.hotjar.com/policies/do-not-track/.

Please note that the deactivation of Hotjar must be done separately for each browser or end device.

For more information about Hotjar and the data it collects, please see Hotjar’s privacy policy at the following link: https://www.hotjar.com/privacy

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

  • WordPress

We use WordPress.com, a website building system, for our website. The service provider is the American company Automattic Inc, 60 29th Street #343, San Francisco, CA 94110, USA. Building block systems are special forms of a content management system (CMS).

Insofar as consent has been obtained, the above-mentioned service is used exclusively on the basis of Art. 6 Para. 1 lit. a DS-GVO and § 25 TTDSG. The consent can be revoked at any time. If no consent has been obtained, the use of this service is based on Art. 6 para. 1 lit. f DS-GVO; the website operator has a legitimate interest in optimising the online service and presenting it efficiently and in a user-friendly manner for you.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

The Data Processing Agreements, which correspond to the standard contractual clauses, can be found at https://wordpress.com/support/data-processing-agreements/.

To learn more about the data processed through the use of WordPress.com, please see the privacy policy at https://automattic.com/de/privacy/.

  • Google Tag Manager

We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

The Google Tag Manager is a tool with the help of which we can integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create user profiles, does not store cookies and does not perform any independent analyses. It only serves to manage and play out the tools integrated via it. However, the Google Tag Manager collects your IP address, which may also be transmitted to Google’s parent company in the United States.

The use of the Google Tag Manager is based on Art. 6 (1) lit. f DS-GVO. The website operator has a legitimate interest in a fast and uncomplicated integration and management of various tools on his website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a DS-GVO and § 25 Para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.

  • Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyse the behaviour of website visitors. The website operator receives various usage data, such as page views, duration of visit, operating systems used and origin of the user. This data is summarized in a user ID and assigned to the respective end device of the website visitor.

Furthermore, Google Analytics allows us to record your mouse and scroll movements and clicks, among other things. Furthermore, Google Analytics uses various modelling approaches to complement the collected data sets and uses machine learning technologies in the data analysis.

Google Analytics uses technologies that enable the recognition of the user for the purpose of analysing user behaviour (e.g. cookies or device fingerprinting). The information collected by Google about the use of this website is usually transferred to a Google server in the USA and stored there.

The use of this service is based on your consent according to Art. 6 para. 1 lit. a DS-GVO and § 25 para. 1 TTDSG. The consent can be revoked at any time. Insofar as no consent has been obtained, the use of this service is based on Art. 6 Para. 1 lit. f DS-GVO; the website operator has a legitimate interest in analysing user behaviour in order to optimise both its web offering and its advertising.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

browser plugin

You can prevent the collection and processing of your data by Google by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

For more information on how Google Analytics handles user data, please see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=de.

Google Signals

We use Google signals. When you visit our website, Google Analytics collects, among other things, your location, search history and YouTube history, as well as demographic data (visitor data). This data can be used for personalized advertising with the help of Google signals. If you have a Google Account, Google Signal’s visitor data is linked to your Google Account and used for personalized advertising messages. The data is also used to create anonymous statistics on the user behavior of our users.

Demographic characteristics in Google Analytics

This website uses the “demographic characteristics” function of Google Analytics in order to be able to display suitable advertisements to website visitors within the Google advertising network. This allows reports to be generated that include statements about the age, gender and interests of site visitors. This data comes from interest-based advertising from Google as well as visitor data from third-party providers. This data cannot be attributed to any specific person. You can deactivate this function at any time via the ad settings in your Google account or generally prohibit the collection of your data by Google Analytics as shown in the item “Objection to data collection”.

Job processing

We have concluded an order processing contract with Google and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Google Analytics E-Commerce Measurement

This website uses the “e-commerce measurement” function of Google Analytics. With the help of e-commerce measurement, the website operator can analyse the purchasing behaviour of website visitors to improve its online marketing campaigns. This involves recording information such as orders placed, average order values, shipping costs and the time from viewing to purchasing a product. This data can be summarized by Google under a transaction ID, which is assigned to the respective user or his device.

  • Google Ads

The website operator uses Google Ads. Google Ads is an online advertising program of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Ads enables us to display advertisements in the Google search engine or on third-party websites when the user enters certain search terms on Google (keyword targeting). Furthermore, targeted advertisements can be played on the basis of user data available at Google (e.g. location data and interests) (target group targeting). As the website operator, we can evaluate this data quantitatively by analysing, for example, which search terms have led to the display of our advertisements and how many advertisements have led to corresponding clicks.

The use of this service is based on your consent according to Art. 6 para. 1 lit. a DS-GVO and § 25 para. 1 TTDSG. The consent can be revoked at any time.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://policies.google.com/privacy/frameworks and https://privacy.google.com/businesses/controllerterms/mccs/.

  • Facebook pixel

This website uses the visitor action pixel from Facebook for conversion measurement. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. However, according to Facebook, the data collected is also transferred to the USA and other third countries.

In this way, the behaviour of page visitors can be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This allows the effectiveness of the Facebook ads to be evaluated for statistical and market research purposes and future advertising measures to be optimized.

The collected data is anonymous for us as the operator of this website, we can not draw any conclusions about the identity of the users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, according to the Facebook data use policy. This allows Facebook to serve ads on Facebook pages as well as outside of Facebook. This use of the data cannot be influenced by us as the site operator.

The use of this service is based on your consent according to Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG. The consent can be revoked at any time.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Facebook tool and for the privacy-secure implementation of the tool on our website. Facebook is responsible for the data security of the Facebook products. You can assert data subject rights (e.g. requests for information) regarding the data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

You can find more information about protecting your privacy in Facebook’s privacy policy: https://de-de.facebook.com/about/privacy/.

You can also disable the Custom Audiences remarketing feature in the Ads Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, you must be logged in to Facebook.

If you do not have a Facebook account, you can opt out of usage-based advertising from Facebook at the European Interactive Digital Advertising Alliance website: http://www.youronlinechoices.com/de/praferenzmanagement/.

  • Adobe fonts

This website uses web fonts from Adobe for the uniform display of certain fonts. The provider is Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA (Adobe).

When you call up this website, your browser loads the required fonts directly from Adobe in order to be able to display them correctly on your end device. In doing so, your browser establishes a connection to Adobe’s servers in the USA. This enables Adobe to know that your IP address has been used to access this website. According to Adobe, no cookies are stored when providing the fonts.

The storage and analysis of the data is based on Art. 6 (1) lit. f DS-GVO. The website operator has a legitimate interest in the uniform presentation of the typeface on his website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a DS-GVO and § 25 Para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.adobe.com/de/privacy/eudatatransfers.html.

For more information about Adobe Fonts, visit: https://www.adobe.com/de/privacy/policies/adobe-fonts.html.

Adobe’s privacy policy can be found at: https://www.adobe.com/de/privacy/policy.html.

  • Algolia

We use Algolia to optimize our internal search function. Personal data may be shared in this process. We use the aforementioned services to optimize our search results.

https://www.algolia.com/policies/privacy/

  • Yoti

We use Yoti for age verification. Personal data may be disclosed in this process.

https://www.yoti.com/privacy/

  • Spotify

On this website, functions of the music service Spotify are integrated. The provider is Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm in Sweden. You can recognise the Spotify plugins by the green logo on this website. You can find an overview of the Spotify plugins at: https://developer.spotify.com.

This allows a direct connection between your browser and the Spotify server to be established via the plugin when you visit this website. Spotify thereby receives the information that you have visited this website with your IP address. If you click the Spotify button while logged into your Spotify account, you can link the content of this website on your Spotify profile. This allows Spotify to associate your visit to this website with your user account.

We would like to point out that cookies from Google Analytics are used when using Spotify, so that your usage data may also be passed on to Google when using Spotify. Google Analytics is a tool of the Google Group for the analysis of user behaviour based in the USA. Spotify is solely responsible for this integration. We as the website operator have no influence on this processing.

The storage and analysis of the data is based on Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in the appealing acoustic design of his website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) as defined by the TTDSG. The consent can be revoked at any time.

For more information, please see Spotify’s privacy policy: https://www.spotify.com/de/legal/privacy-policy/.

If you do not want Spotify to be able to associate your visit to this website with your Spotify user account, please log out of your Spotify user account.

  • eCommerce and payment providers
    • Processing of customer and contract data

We collect, process and use personal customer and contract data for the purpose of establishing, structuring the content of and amending our contractual relationships. We collect, process and use personal data about the use of this website (usage data) only insofar as this is necessary to enable the user to use the service or to bill the user. The legal basis for this is Art. 6 para. 1 lit. b DS-GVO.

The collected customer data will be deleted after completion of the order or termination of the business relationship and expiry of any existing legal retention periods. Legal retention periods remain unaffected.

Data transmission ­upon conclusion of a contract for services and digital content

We transmit personal data to third parties only if this is necessary for the processing of the contract, for example to the credit institution commissioned with the processing of payments.

A further transmission of the data does not take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.

The basis for data processing is Art. 6 (1) lit. b DS-GVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

  • Payment services

We integrate payment services from third-party companies on our website. When you make a purchase from us, your payment details (e.g. name, payment amount, account details, credit card number) are processed by the payment service provider for the purpose of processing the payment. For these transactions, the respective contract and data protection provisions of the respective providers apply. The payment service providers are used on the basis of Art. 6 (1) lit. b DS-GVO (contract processing) and in the interest of a smooth, convenient and secure payment process (Art. 6 (1) lit. f DS-GVO). Insofar as your consent is requested for certain actions, Art. 6 para. 1 lit. a DS-GVO is the legal basis for data processing; consents can be revoked at any time for the future.

Epoch EU Limited

On this website we offer you different payment options. Processing is generally done through Epoch EU Limited (“Epoch”), 10 E. Pearl Avenue, Suite 200
PO Box 1172 Jackson, WY 83001.

Epoch is a global provider of online billing services. Epoch helps us process credit cards, debit cards and a variety of other payment types. The solution includes a state-of-the-art payment gateway, the ability to offer one-time and recurring billing, and secure and protected data storage.

We have entered into an order processing agreement with Epoch.

The transfer of your data to Epoch is based on your contract with us pursuant to Art. 6 (1) lit. b DS-GVO (processing for the performance of a contract).

PayPal

The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”).

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.paypal.com/de/webapps/mpp/ua/pocpsa-full.

For details, see PayPal’s privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Sofortüberweisung

The provider of this payment service is Sofort GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “Sofort GmbH”). With the help of the “Sofortüberweisung” procedure, we receive a payment confirmation from Sofort GmbH in real time and can immediately begin fulfilling our obligations. If you have chosen the payment method “Sofortüberweisung”, you transmit the PIN and a valid TAN to Sofort GmbH, with which it can log into your online banking account. After logging in, Sofort GmbH automatically checks your account balance and carries out the transfer to us with the help of the TAN transmitted by you. It then immediately sends us a transaction confirmation. After logging in, your turnover, the credit line of the overdraft facility and the existence of other accounts and their balances are also checked automatically. In addition to the PIN and the TAN, the payment data you entered as well as your personal data will be transmitted to Sofort GmbH. Your personal data includes your first and last name, address, telephone number(s), e-mail address, IP address and any other data required for payment processing. The transmission of this data is necessary to establish your identity beyond doubt and to prevent fraud attempts. Details on payment with Sofortüberweisung can be found in the following links: https://www.sofort.de/datenschutz.html and https://www.klarna.com/sofort/.

  • Our social media presence
    • Data processing by social networks

We maintain publicly accessible profiles on social networks. The social networks used by us in detail can be found below.

Social networks such as Facebook, Twitter, etc. can usually comprehensively analyse your user behaviour when you visit their website or a website with integrated social media content (e.g. like buttons or advertising banners). Visiting our social media presences triggers numerous processing operations relevant to data protection. In detail:

If you are logged into your social media account and visit our social media presence, the operator of the social media portal can assign this visit to your user account. However, your personal data may also be collected under certain circumstances if you are not logged in or do not have an account with the respective social media portal. In this case, this data collection takes place, for example, via cookies that are stored on your terminal device or by recording your IP address.

With the help of the data collected in this way, the operators of the social media portals can create user profiles in which your preferences and interests are stored. In this way, you can be shown interest-based advertising inside and outside the respective social media presence. If you have an account with the respective social network, the interest-based advertising can be displayed on all devices on which you are or were logged in.

Please also note that we cannot track all processing operations on the social media portals. Depending on the provider, further processing procedures may therefore be carried out by the operators of the social media portals. For details, please refer to the terms of use and data protection provisions of the respective social media portals.

Legal basis

Our social media presences are intended to ensure the most comprehensive presence possible on the Internet. This is a legitimate interest within the meaning of Art. 6 (1) lit. f DS-GVO. The analysis processes initiated by the social networks may be based on different legal bases, which are to be specified by the operators of the social networks (e.g. consent within the meaning of Art. 6 (1) lit. a DS-GVO).

Responsible person and assertion of rights

If you visit one of our social media sites (e.g. Facebook), we are jointly responsible with the operator of the social media platform for the data processing operations triggered during this visit. In principle, you can assert your rights (information, correction, deletion, restriction of processing, data portability and complaint) both vis-à-vis us and vis-à-vis the operator of the respective social media portal (e.g. vis-à-vis Facebook).

Please note that despite the joint responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options are largely determined by the corporate policy of the respective provider.

Storage period

The data collected directly by us via the social media presence will be deleted from our systems as soon as you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies. Stored cookies remain on your terminal device until you delete them. Mandatory legal provisions – in particular retention periods – remain unaffected.

We have no influence on the storage period of your data, which is stored by the operators of the social networks for their own purposes. For details, please contact the operators of the social networks directly (e.g. in their privacy policy, see below).

  • Social networks in detail
    1. Twitter

We use the short message service Twitter. The provider is Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland.

You can adjust your Twitter privacy settings independently in your user account. To do so, click on the following link and log in: https://twitter.com/personalization.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://gdpr.twitter.com/en/controller-to-controller-transfers.html.

For details, see Twitter’s privacy policy: https://twitter.com/de/privacy.

  1. Instagram

We have a profile on Instagram. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum, https://help.instagram.com/519522125107875 and https://de-de.facebook.com/help/566994660333381.

For details on how they handle your personal data, please see Instagram’s privacy policy: https://help.instagram.com/519522125107875.

  • TikTok

We have a profile on TikTok. The provider is TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland. For details on their handling of your personal data, please refer to TikTok’s privacy policy: https://www.tiktok.com/legal/privacy-policy?lang=de.

Data transfer to non-secure third countries is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.tiktok.com/legal/privacy-policy?lang=de.

  1. Facebook

Elements of the social network Facebook are integrated on this website. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. However, according to Facebook, the data collected is also transferred to the USA and other third countries.

An overview of Facebook social media elements can be found here: https://developers.facebook.com/docs/plugins/?locale=de_DE.

When the social media element is active, a direct connection is established between your end device and the Facebook server. Facebook thereby receives the information that you have visited this website with your IP address. If you click the Facebook “Like” button while you are logged into your Facebook account, you can link the content of this website on your Facebook profile. This allows Facebook to associate your visit to this website with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook. For more information, please refer to Facebook’s privacy policy at: https://de-de.facebook.com/privacy/explanation.

Insofar as consent has been obtained, the above-mentioned service is used on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 TTDSG. The consent can be revoked at any time. Insofar as no consent has been obtained, the use of the service is based on our legitimate interest in the widest possible visibility in social media.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Facebook tool and for the privacy-secure implementation of the tool on our website. Facebook is responsible for the data security of the Facebook products. You can assert data subject rights (e.g. requests for information) regarding the data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum, https://de-de.facebook.com/help/566994660333381 and https://www.facebook.com/policy.php.

  1. Snapchat

We also use the instant messaging service Snapchat. The service provider is the American company Snap Inc, 2772 Donald Douglas Loop N, Santa Monica (HQ), CA, USA.

Snapchat also processes data in the USA, among other places. We would like to point out that according to the opinion of the European Court of Justice, there is currently no adequate level of protection for the transfer of data to the USA. This may be associated with various risks for the legality and security of the data processing.

As a basis for data processing with recipients located in third countries (outside the European Union, Iceland, Liechtenstein, Norway, i.e. in particular in the USA) or a data transfer there, Snapchat uses standard contractual clauses approved by the EU Commission (= Art. 46. para. 2 and 3 DSGVO). These clauses oblige Snapchat to comply with the EU level of data protection when processing relevant data outside the EU. These clauses are based on an implementing decision of the EU Commission. You can find the decision and the clauses, among others, here: https://ec.europa.eu/germany/news/20210604-datentransfers-eu_de.

To learn more about the data processed through the use of Snapchat, please see the Privacy Policy at https://snap.com/de-DE/privacy/privacy-policy.

  • Audio and video conferencing
    • Data processing

Among other tools, we use online conferencing tools to communicate with our clients. The individual tools we use are listed below. If you communicate with us via video or audio conference via the Internet, your personal data will be collected and processed by us and the provider of the respective conference tool.

The conferencing tools collect all data that you provide/enter in order to use the tools (e-mail address and/or your telephone number). Furthermore, the conferencing tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “contextual information” related to the communication process (metadata).

Furthermore, the provider of the tool processes all technical data that are necessary for the handling of the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or speaker and the type of connection.

If content is exchanged, uploaded or otherwise made available within the tool, this is also stored on the servers of the tool providers. Such content includes, but is not limited to, cloud recordings, chat/instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared while using the service.

Please note that we do not have full influence on the data processing procedures of the tools used. Our options are largely determined by the corporate policy of the respective provider. For further information on data processing by the conference tools, please refer to the data protection statements of the respective tools used, which we have listed below this text.

Purpose and legal basis

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 lit. b DSGVO). Furthermore, the use of the tools serves the general simplification and acceleration of communication with us or our company (legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO). Insofar as consent has been requested, the tools in question are used on the basis of this consent; consent can be revoked at any time with effect for the future.

Storage period

The data collected directly by us via the video and conference tools will be deleted from our systems as soon as you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies. Stored cookies remain on your terminal device until you delete them. Mandatory legal retention periods remain unaffected.

We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.

  • Conference tool(s) used

We use the following conference tool:

Zoom

We use Zoom. The provider of this service is Zoom Communications Inc, San Jose, 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA. For details on data processing, please refer to Zoom’s privacy policy: https://zoom.us/de-de/privacy.html.

The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://zoom.us/de-de/privacy.html.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified by (“Personal Information”). It does not include data that has been anonymized or pseudonymized.

We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:

  • Persons who visit the Website without logging in or registering “unregistered users”
  • Technical Data includes internet protocol (IP) address, which we pseudonymize (a technique that replaces or removes information in the dataset that identifies an individual), browser type and version, time zone setting and location, operating system and platform and other technology on the devices you use to access this Website.
  • User Submitted Data includes data collected at your direction for a specific function, for example a contest or survey.
  • Usage Data includes aggregated information about how you use our Website, products and services.
  • Persons who choose to create an account “registered users”
  • Identity Data includes, username or similar identifier, date of birth and gender.
  • Contact Data includes email address.
  • Financial Data in case of purchases includes payment card details.
  • Transaction Data in case of purchases, it may include details about payments to and from you and other details of products and services you have purchased or received from us.
  • Technical Data includes pseudonymized internet protocol (IP) address, your login data, browser type and version, time zone setting and location, operating system and platform and other technology on the devices you use to access this Website.
  • User Submitted Data includes data collected at your direction for a specific function, for example your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our Website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also collect, use and share your data to produce and share aggregated insights that do not identify you. Aggregated data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Website feature, to generate statistics about our users, to calculate the percentage of users accessing a specific Website feature, to calculate ad impressions served or clicked on, or to publish visitor demographics.

We do not collect special categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, political opinions, trade union membership, information about your health and genetic and biometric data). However, particular preferences and sexual orientation depend on how you use our Website and services. The processing of such Sensitive Personal Information may be necessary to provide some of our service to you.

How is your personal information collected?

We use different methods to collect data from and about you including through:
Direct interactions. Information that you provide when carrying out search queries on our Website or by filling in forms on our Website, in particular at the time of registering to use our Website, subscribing to our service, posting material, taking part in surveys, entering a contest or promotion sponsored by us, when reporting a problem with our Website, or requesting further services.
Automated technologies or interactions. See “Third-party Use of Cookies and Other Tracking Technologies” for details of how we may automatically collect your personal data.

Information collected through automatic data collection technologies

As you navigate through and interact with our Website, we use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information, search terms, and cookie information.
The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). Cookies are small text files that are stored in your web browser or downloaded to your device when you visit a website.

Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie, and allow a website to recognize a user’s device.
We currently use the following types of cookies:

Cookies that are strictly necessary: These are cookies that are required for the operation of our Website. These include, for example, cookies that enable a user to log in to our Website and to check if a user is allowed access to a particular service or content.

“We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

Analytical cookies: These cookies allow us to recognize and count the number of users and to see how users use and explore our Website. These cookies help us to improve our Website, for example by ensuring that all users are able to find what they are looking for easily.

Functionality cookies: These cookies are not essential, but help us to personalize and enhance your online experience on our Website. This type of cookies allows us to recognize you when you return to our Website and to remember, for example, your choice of language.

Targeting cookies: These cookies record the visit of a user on our Website, the pages a user has visited and the links a user has followed in order to enable us to make our Website more relevant to the users’ interests.

We do not require that you accept cookies and you may withdraw your consent to our use of cookies at any time by adjusting your browser’s privacy settings. However, if you decline to accept cookies, some functionality on our Website may be disabled and you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Cookies can be either session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple year
Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also known as clear gifs, pixel tags, single-pixel gifs and web bugs) that are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies.

Analytics. We use third party analytics and advertising tools and technologies, in particular Google Analytics and DoubleClick provided by Google, Inc., USA (“Google”). These tools and technologies collect and analyze certain types of information, including IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, media access control address (MAC Address), mobile unique device identifiers, and other similar information via the use of cookies. The information generated by Google Analytics and DoubleClick about your use of the Website (including your IP address) may be transmitted to and stored by Google on servers in the United States. Because we activated IP anonymization for Google Analytics and Double Click, Google will anonymize the last octet of a particular IP address. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity and managing advertising content. To learn how you can opt out from this information collection by Google see “Choices About How We Collect, Use and Disclose Your Personal Information” below.

Microsoft Advertising: This website uses Microsoft’s free tracking features on its webpages. If you contact us online, the destination page will have code on it that will help us understand the path you took to arrive on that page.

Third-party use of cookies and other tracking technologies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. Unless expressly stated otherwise, our website does not provide any Personal Information to these third parties, however they may collect information, including Personal Information, such as internet protocol (IP) address, browser type and version, time zone setting and location, operating system and platform and other technology on the devices you use to access this Website. They may use this information to provide you with interest-based advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Collect, Use and Disclose Your Personal Information”.

How we use your personal data

We will only use your personal data when the applicable local law allows us to. Most commonly, we will use your personal data in the following circumstances:
For purposes of providing the services, customer management and functionality and security as is necessary to perform the services provided to you under our term and conditions and any other contract that you have with us.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Where you declare your valid consent to use it.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Purposes for which we use your personal information

In general, we use information that we collect about you or that you provide to us, including Personal Information and Sensitive Personal Information, for following purposes:
Provision of services (Registered Members Only): to present our Website and its contents to you, including any interactive features on our Website, and to provide you with information, products or services that you request from us; we also collect and use Personal Information to verify your eligibility and deliver prizes in connection with contests and sweepstakes;
Customer management (Registered Members Only): to manage a registered users’ account, to provide customer support and notices to the registered user about his account or subscription, including expiration and renewal notices, and notices about changes to our Website or any products or services we offer or provide through it;
Customization of content (Registered Members Only): to perform research and analysis about your use of, or interest in, our Website content, products, or services, in order to develop and display content and advertising tailored to your interests on our Website and other sites;
Analytics: to determine whether users of the Website are unique, or whether the same user is using the Website on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns;
Functionality and security: to diagnose or fix technology problems, and to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement;
Compliance: to enforce our terms and conditions and to comply with our legal obligations;
in any other way we may describe when you provide the information; or for any other purpose with your consent provided separately from this privacy policy.

Disclosure of your personal information

We do not disclose your Personal Information except in the limited circumstances described here.
We may disclose your Personal Information to members of our corporate group (that is, entities that control, are controlled by, or are under common control with us) to the extent this is necessary for the purposes of provision of services, customer management, customization of content, advertising, analytics, verifications, functionality and security, and compliance.
Service providers. To our authorized service providers that perform certain services on our behalf. Our payment provider is epoch. These services may include fulfilling orders, processing credit card payments, risk and fraud detection and mitigation, providing customer service, performing business and sales analysis, customization of content, analytics, security, supporting our Website functionality, surveys and other features offered through our Website. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Legal successors. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Website users is among the assets transferred. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this privacy policy.
We access, preserve and share your Personal Information with regulators, law enforcement or others where we reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, (d) protect against harm to the rights, property or safety of our company, our users, our employees, or others; or (e) to maintain and protect the security and integrity of our Website or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We also may share aggregated information with third parties for conducting general business analysis. This information does not contain any Personal Information and may be used to develop content and services that we hope you and other users will find of interest.

Fincancial information

Financial information (including Personal Information) that you have provided to us will only be shared with our third party processors in order to initiate and complete any orders placed on your account. All credit card transactions and such are processed with industry standard encryption through third party processors who only use your financial information and Personal Information for that purpose. All financial data and related Personal Information will not be shared by us with third parties except with your authorization or when necessary to carry out all and any transactions requested by you with the understanding that such transactions may be subject to rules, terms, conditions and policies of a third party. All such information provided to a third party is subject to their terms and conditions.

Transfers of your personal information to other countries

Whenever in the course of sharing information we transfer Personal Information to countries outside of the European Economic Area and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this privacy policy and as permitted by the applicable laws on data protection.
By using the Website you consent to the transfer of information that we collect about you, including personal information, to any country in which we, members of our corporate group (that is, entities that control, are controlled by, or are under common control with us) or our service providers are located.

Retention of personal information

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Where we no longer need to process your Personal Data for the purposes set out in this Privacy Policy, we will delete your Personal Data from our systems.
Where permissible, we will also delete your Personal Data upon your request. Information on how to make a deletion request can be found under “Your Rights Related to Your Personal Information”.
If you have questions about our data retention practices, please send us an e-mail at support@getcheex.com.
The period for which we keep your Personal Information that is necessary for compliance and legal enforcement purposes varies and depend on the nature of our legal obligations and claims in the individual case.

How we protect the security of your personal information

We take appropriate security measures (including physical, electronic and procedural measures) to safeguard your Personal Information from unauthorized access and disclosure. For example, only authorized employees are permitted to access Personal Information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your Personal Information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your Personal Information. Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.
You are responsible for maintaining the secrecy of your unique password and account information at all times. We are not responsible for circumventions of any privacy settings or security measures contained on the Website.

Choices about how we collect, use and disclose your personal information

We strive to provide you with choices regarding the Personal Information you provide to us.
You can choose not to provide us with certain Personal Information, but that may result in you being unable to use certain features of our Website because such information may be required in order for you to register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Website.
You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly.
You may opt out of the DoubleClick cookie or of Google Analytics by visiting the Google advertising opt-out page or by downloading and installing the browser plug-in available at Google Analytics opt-out page.
When you register on our Website. If you no longer want to receive commercial or promotional emails or newsletters from us, you will need to avail yourself of the unsubscribe mechanism set out in the applicable communication. It may take up to seven days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.
If you submit Personal Information, you may delete and deactivate your account with us at any time. If you deactivate and delete the information of your account, your Personal Information and any and all other account related information including, but not limited to, user profile data, sharing data and any other data, or content specifically associated with your account will no longer be accessible by you. After deleting and deactivating your account, if you choose to have an account with us in the future, you will have to sign up for a new account as none of the information you previously provided or saved within your account will have been saved.

Your rights related to your personal information

Subject to local law, you have certain rights regarding the Personal Information we collect, use or disclose and that is related to you, including the right
to receive information on the Personal Information concerning we hold about you and how such Personal Information is used (right to access);
to rectify inaccurate Personal Information concerning you (right to data rectification);
to delete/erase your Personal Information (right to erasure/deletion, “right to be forgotten”);
to receive the Personal Information provided by you in a structured, commonly used and machine-readable format and to transmit those Personal Information to another data controller (right to data portability)
to object to the use of your Personal Information where such use is based on our legitimate interests or on public interests (right to object); and
in some cases, to restrict our use of your Personal Information (right to restriction of processing).
If we ask for your consent to use your Personal Information, you can withdraw your consent at any time. Note that in case of a withdrawal of your consent you may no longer able to use several functionalities of our Website and our services.
You may, at any time, send us an e-mail at support@getcheex.com to exercise your above rights in accordance with the applicable legal requirements and limitations. If you are located in the European Economic Area, you have a right to lodge a complaint with your local data protection authority.
Note that some requests to delete certain Personal Information will require the deletion of your user account as the provision of user accounts are inextricable linked to the use of certain Personal Information (e.g., your e-mail address). Also note that it is possible that we require additional information from you in order to verify your authorization to make the request and to honor your request.

California consumer privacy act notice

As of January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides California residents (“Consumer(s)”) certain rights with respect to their personal information, as this term is defined under the CCPA. In addition to the rights we state under this policy and subject to the exceptions found under the CCPA, Consumers have the right to:
Opt-out of the sale of their personal information, should we sell their personal information;
Be informed of certain information concerning our collection and use of their personal information;
Request that we delete certain personal information we collected from them;
Appoint an agent to exercise their rights provided for by the CCPA, provided that a duly executed notarized power of attorney is presented and provided that the agent has information deemed sufficient to allow us to verify the identity of the Consumer in question and to locate his/her information in our systems;
Not be subjected to discrimination for the exercise of these rights. We will not deny California residents the use of our service, neither will we provide a different level or quality or services for exercising any of their CCPA rights, unless as permitted under the CCPA.
This Website does not sell nor has it sold in the past 12 months personal information to third parties for monetary or other valuable considerations. We may however disclose certain personal information with third parties, service providers and entities within our corporate group in order to enable them to perform certain services on our behalf and namely to make the Website work properly. Regardless, we respect the California residents’ right to exclude personal information from such sharing arrangements and to thereby opt-out of any future sale of their personal information.
If the CCPA is applicable to you and you would like to exercise your rights, please contact support@getcheex.com

Changes to your privacy policy 

We may modify or revise our privacy policy from time to time. Although we may attempt to notify you when major changes are made to this privacy policy, you are expected to periodically review the most up-to-date version found at https://getcheex.com/privacy-policy/ so you are aware of any changes, as they are binding on you.
If we change anything in our privacy policy, the date of change will be reflected in the “last modified date”. You agree that you will periodically review this privacy policy and refresh the page when doing so. You agree to note the date of the last revision to our privacy policy. If the “last modified” date is unchanged from the last time you reviewed our privacy policy, then it is unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review our privacy policy, and you agree to the new ones. By continuing to use the Website subsequent to us making available an amended version of our privacy policy in a way that you can easily take notice of it, you thereby consent to such amendment.

Enforcement; Cooperation

We regularly review our compliance with this privacy policy. Please feel free to direct any questions or concerns regarding this privacy policy or our treatment of Personal Information by contacting us through this Website at support@getcheex.com. When we receive a formal written complaint, it is our policy to contact the complaining party regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the collection, use and disclosure of Personal Information that cannot be resolved by an individual and us.

No rights of third parties

This privacy policy does not create rights enforceable by third parties or require disclosure of any Personal Information relating to users of the Website.

Our policy towards minors

Our Website is not directed to persons under the age of 18 or the applicable age of majority in the jurisdiction from which the Website is accessed and we do not knowingly collect Personal Information from minors. If you become aware that your child has provided us with Personal Information, please contact us at support@getcheex.com. If we become aware that a minor has provided us with Personal Information, we take steps to remove such information and terminate that person’s account.

No error free performance

We do not guarantee error-free performance under this privacy policy. We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. We shall not be liable for any incidental, consequential or punitive damages relating to this privacy policy.

Contact information

If you have any questions about this privacy policy or our information-handling practices, please contact us at support@getcheex.com.
You may also contact us at

mix&match GmbH
Kramergasse 9/14
1010 Vienna
Austria

 

GDPR (GENERAL DATA PROTECTION REGULATION)

In accordance with the General Data Protection Regulation law in the European Union effective May 25, 2018, CHEEX users can request a copy of their personal data as well as get CHEEX to delete their personal data. Note: AdBlocker add-ons interfere with the GDPR system. Please disable them.