Privacy policy
Table of contents
- Introduction
- Person responsible
- Contact data protection officer
- Use of cookies
- Commercial and business services
- Credit check
- Provision of the online offer and web hosting
- Blog
- Cloud services
- Web analysis, monitoring and optimization
- Presence in social networks (social media)
- Payment service provider
- Amendment and updating of the privacy policy
- Rights of the data subjects
Introduction
With the following privacy policy, we would like to inform you about what types of your personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent. The privacy policy applies to all processing of personal data carried out by us, both in the context of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer").
The terms used are not gender-specific.
Status: June 30, 2023
Person responsible
Sven Mahn IT GmbH & Co KG
Saseler Damm 43-45
22395 Hamburg
Authorized representative: Sven Mahn
kontakt@svenmahn.de
Phone. +49 (0)40 / 226 34 80-0
Contact data protection officer
Saxelfur UG (haftungsbeschränkt)
Prof. Dr. Simon A. Fischer
Modering 5
22457 Hamburg
Use of cookies
Cookies are text files that contain data from websites or domains visited and are stored by a browser on the user's computer. For more information on the cookies used, please refer to the list "Currently used cookies" below.
Notes on legal bases: The legal basis on which we process your personal data with the help of cookies depends on whether we ask you for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed using cookies will be processed on the basis of our legitimate interests (e.g. in the smooth operation of our online offering and its improvement).
Storage duration: The storage duration of the individual cookies can be found in the "Cookies currently in use" list below.
Currently used cookies:
| Cookie name | Borlabs Cookie |
| Provider | Owner of this website |
| Zweck | Speichert die Einstellungen der Besucher, die in der Cookie Box von Borlabs Cookie ausgewählt wurden. |
| Cookie Name | borlabs-cookie |
| Cookie duration | 1 year |
| Name | Google Analytics |
| Provider | Google LLC |
| Zweck | Cookie von Google für Website-Analysen. Erzeugt statistische Daten darüber, wie der Besucher die Website nutzt. |
| Privacy policy | https://policies.google.com/privacy |
| Cookie Name | _ga, _gid |
| Cookie runtime | Max. 2 years |
Commercial and business services
We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners") in the context of contractual and comparable legal relationships and associated measures and in the context of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.
We process this data to fulfil our contractual obligations, to safeguard our rights and for the purposes of the administrative tasks associated with this information as well as for business organization. We only pass on the data of the contractual partners to third parties within the framework of the applicable law to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations or with the consent of the data subjects (e.g. to participating telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, as part of this privacy policy.
We inform the contractual partners which data is required for the aforementioned purposes before or during data collection, e.g. in online forms, by means of special marking (e.g. colors) or symbols (e.g. asterisks or similar), or personally.
We delete the data after the expiry of statutory warranty and comparable obligations, i.e. generally after 4 years, unless the data must be retained for longer, e.g. for statutory archiving reasons (e.g. for tax purposes generally 10 years). We delete data disclosed to us by the contractual partner as part of an order in accordance with the specifications of the order, generally after the end of the order.
Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.
Legal basis: Fulfillment of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
Credit check
If we make advance payments or enter into comparable economic risks (e.g. when ordering on account), we reserve the right to obtain identity and creditworthiness information for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures from specialized service companies (credit agencies) in order to safeguard our legitimate interests.
We process the information received from the credit agencies on the statistical probability of a payment default as part of an appropriate discretionary decision on the establishment, execution and termination of the contractual relationship. We reserve the right to refuse payment on account or any other advance payment in the event of a negative result of the credit check.
The decision as to whether we make advance payments is made in accordance with Art. 22 GDPR solely on the basis of an automated decision in individual cases, which our software makes on the basis of the information provided by the credit agency.
If we obtain express consent from contractual partners, the legal basis for the credit report and the transmission of the customer's data to the credit agencies is consent. If no consent is obtained, the credit information is provided on the basis of our legitimate interests in the security of our payment claims.
We delete the data after expiry of the regular limitation period, i.e. after a maximum of 4 years after the end of the business relationship. If no business relationship is established, we delete the data no later than 90 days after the failure of the business initiation.
- Processed data types: Inventory data (e.g. names, addresses), Payment data (e.g. bank details, invoices, payment history), Contact data (e.g. e-mail, telephone numbers), Contract data (e.g. subject matter of the contract, duration, customer category).
- Affected persons: Customers, interested parties.
- Purposes of processing: Assessment of creditworthiness and credit standing.
- Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
- Automated decisions in individual cases: Credit information (decision based on a credit check).
Services used and service providers:
- Creditreform Boniversum GmbH and Verband der Vereine Creditreform e.V.: Credit agency; Service provider: Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, Germany; Website: https://www.boniversum.de/; Privacy Policy: https://www.boniversum.de/datenschutzerklaerung/.
Provision of the online offer and web hosting
When you visit our website, our web server automatically collects so-called server log files. These are
- Information about your browser type and the version used
- Your IP address
- Your operating system
- Date and time of access
- Websites from which you access our website (referrer URL)
- Pages accessed
We do not merge this data with other personal data. This information is required to display our website correctly on your device.
The log files are deleted when they are no longer required for the purpose for which they were collected. This is usually the case after 90 days at the latest.
The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. f. GDPR. Our legitimate interest lies in the optimal functionality of our website. The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the event of abusive attacks, so-called DDoS attacks) and to ensure the utilization of the servers and their stability.
Contact form: You have the option of sending us a message via a contact form. If you would like to contact us in this way, please enter your name, your e-mail address and your request. We will only use this data to answer your request.
The data will be deleted when it is no longer required for this purpose. This is usually the case when the request has been conclusively clarified and there are no legal retention periods to the contrary.
The data processing is based on Art. 6 para. 1 sentence 1 lit. f. GDPR. We rely on a legitimate interest in providing users with a uniform and simple way of contacting us.
Receiving, sending and hosting e-mails: The web hosting services we use also include sending, receiving and storing e-mails. For these purposes, the addresses of the recipients and senders as well as other information relating to the sending of e-mails (e.g. the providers involved) and the content of the respective e-mails are processed. The aforementioned data may also be processed for the purpose of detecting SPAM. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, emails are encrypted in transit, but not on the servers from which they are sent and received (unless an end-to-end encryption method is used). We can therefore accept no responsibility for the transmission path of e-mails between the sender and receipt on our server.
When you send us an e-mail, we process the content and time of your message as well as your sender address. If the message relates to a contractual relationship, we will keep this e-mail in our files. In this case, the storage period is at least three years after the end of the year in which the contractual relationship was terminated. The legal basis for this is Art. 6 para. 1 sentence 1 lit. c. GDPR.
The legal basis for the processing of general inquiries is Art. 6 para. 1 sentence 1 lit. f. GDPR. We rely on a legitimate interest in being able to trace and document the communication initiated by you. This data will be deleted when it is no longer required for this purpose.
Blog
We operate a blog on our website. If users leave comments or other contributions, their IP addresses may be stored on the basis of our legitimate interests. This is done for our security in case someone leaves illegal content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves may be prosecuted for the comment or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right to process user data for the purpose of spam detection on the basis of our legitimate interests.
On the same legal basis, we reserve the right to store the IP addresses of users for the duration of surveys and to use cookies in order to avoid multiple votes.
The personal information provided as part of the comments and contributions, any contact and website information as well as the content information will be stored permanently by us until the user objects.
- Processed data types: inventory data (names), contact data (e-mail address), content data (e.g. entries in online forms), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of Processing: Provision of contractual services and customer support, Feedback (e.g. collecting feedback via online form), Security measures, Managing and responding to inquiries, Contact requests and communication.
- Legal basis: Fulfillment of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR), Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR).
Cloud services
We use software services accessible via the Internet and running on the servers of their providers (so-called "cloud services", also referred to as "software as a service") for the following purposes: document storage and management, calendar management, sending e-mails, spreadsheets and presentations, exchanging documents, content and information with specific recipients or publishing web pages, forms or other content and information as well as chats and participation in audio and video conferences.
In this context, personal data may be processed and stored on the servers of the providers, insofar as these are part of communication processes with us or are otherwise processed by us as set out in this privacy policy. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their content. Cloud service providers also process usage data and metadata that they use for security purposes and to optimize their services.
If we use cloud services to provide other users or publicly accessible websites with forms or other documents and content, the providers may store cookies on users' devices for the purposes of web analysis or to remember user settings (e.g. in the case of media control).
Notes on legal bases: If we ask for consent to the use of cloud services, the legal basis for processing is consent. Furthermore, their use may be part of our (pre)contractual services, provided that the use of cloud services has been agreed in this context. Otherwise, user data is processed on the basis of our legitimate interests (i.e. interest in efficient and secure administrative and collaboration processes).
- Processed data types: inventory data (names), contact data (e-mail address), content data (e.g. entries in online forms), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of Processing: Provision of contractual services and customer support, Feedback (e.g. collecting feedback via online form), Security measures, Managing and responding to inquiries, Contact requests and communication.
- Legal basis: Fulfillment of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR), Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR).
Services used and service providers:
- Microsoft cloud services: Cloud storage services; Service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; Website: https://microsoft.com/de-de; Privacy Policy: https://privacy.microsoft.com/de-de/privacystatement, Security information: https://www.microsoft.com/de-de/trustcenter.
Web analysis, monitoring and optimization
Web analysis (also referred to as "reach measurement") is used to evaluate the flow of visitors to our online offering and may include behavior, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of reach analysis, we can, for example, recognize at what time our online offer or its functions or content are most frequently used or invite reuse. We can also understand which areas require optimization.
In addition to web analysis, we may also use test procedures, e.g. to test and optimize different versions of our online offering or its components.
For these purposes, so-called user profiles can be created and stored in a file (so-called "cookie") or similar procedures with the same purpose can be used. This information may include, for example, content viewed, websites visited and elements used there and technical information such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this may also be processed, depending on the provider.
The IP addresses of users are also stored. However, we use an IP masking procedure (i.e. by shortening the IP address) to protect users, in which the IP address is only processed in abbreviated form in order to exclude the possibility of direct personal references.
Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.
- Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
Services used and service providers:
- Google Analytics: Reach measurement and web analysis; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Website: https://marketingplatform.google.com/intl/de/about/analytics/; Privacy Policy: https://policies.google.com/privacy.
Payment service provider
We use the online payment service billwerk as our payment service provider. In the case of an online payment, the customer enters the following personal data, which is transmitted to the payment service provider: Name, address, e-mail address, VAT ID, credit card information for credit card payments.
- Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a. GDPR), contract fulfillment and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR).
Services used and service providers:
- billwerk: Online payments; service provider: billwerk GmbH, Mainzer Landstraße 51, 60329 Frankfurt am Main.
Amendment and updating of the privacy policy
We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses may change over time and please check the information before contacting us.
Rights of the data subjects
As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:
- Right to object: You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
- Right to withdraw consent: You have the right to withdraw your consent at any time.
- Right of access: You have the right to obtain confirmation as to whether or not personal data concerning you is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with the legal requirements.
- Right to rectification: In accordance with the statutory provisions, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
- Right to erasure and restriction of processing: In accordance with the statutory provisions, you have the right to demand that data concerning you be erased immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.
- Right to data portability: You have the right to receive the data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format in accordance with the legal requirements or to request its transmission to another controller.
- Complaint to the supervisory authority: You also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
Supervisory authority responsible for us:
The Hamburg Commissioner for Data Protection and Freedom of Information
Presence in social networks (social media)
We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.
We would like to point out that user data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users' rights.
Furthermore, user data within social networks is generally processed for market research and advertising purposes. For example, user profiles can be created based on user behavior and the resulting interests of users. The user profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are generally stored on the user's computer, in which the user's usage behavior and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
For a detailed description of the respective forms of processing and the opt-out options, please refer to the data protection declarations and information provided by the operators of the respective networks.
In the case of requests for information and the assertion of data subject rights, we would also like to point out that these can be asserted most effectively with the providers. Only the providers have access to the user's data and can take appropriate measures and provide information directly. If you still need help, you can contact us.
When you click on a video embedded in our website, a connection to the YouTube service is established. Various personal data is transmitted, including your IP address. YouTube is a service of Google LLC based in the USA, which is why there is a data protection risk, as American security authorities may gain access to data held by Google LLC without your or our knowledge and without you having any legal recourse. On this topic, we recommend reading the documentation "US data law - access to data by US authorities" by the Research Service of the German Bundestag: https://www.bundestag.de/resource/blob/796102/ea53ffe8e08a9ab11e270719263d8c53/WD-3-181-20-pdf-data.pdf (link last accessed on 11.05.2021). You can find Google's privacy policy here: https://policies.google.com/privacy?hl=de (link last accessed on 11.05.2021).
Services used and service providers: