Table of contents
- Preamble
- Controller
- Contact information of the data protection officer
- Use of cookies
- Commercial services
- Credit assessment
- Provision of online services and web hosting
- Blog
- Cloud services
- Web analysis, monitoring and optimization
- Profiles in social networks (social media)
- Payment provider
- Changes and updates to the privacy policy
- Rights of data subjects
Preamble
With the following privacy policy, we would like to inform you which types of your personal data (hereinafter also abbreviated as “data”) we process for which purposes and in which scope. The privacy statement applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online services”).
The terms used are not gender specific.
Last update: June 30th, 2023
Controller
Sven Mahn IT GmbH & Co. KG
Saseler Damm 43-45
22395 Hamburg
Germany
Authorized representative: Sven Mahn
kontakt@svenmahn.de
Tel. +49 (0)40 / 226 34 80-0
Contact information of the data protection officer
Datenschutz Saxelfur UG (haftungsbeschränkt)
Prof. Dr. Simon A. Fischer
Modering 5
22457 Hamburg
Germany
Commercial services
We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the context of contractual and comparable legal relationships as well as associated actions and communication with the contractual partners or pre-contractually, e.g. to answer inquiries.
We process this data in order to fulfil our contractual obligations, safeguard our rights and for the purposes of the administrative tasks associated with this data and the business-related organisation. We will only pass on the data of the contractual partners within the scope of the applicable law to third parties insofar as this is necessary for the aforementioned purposes or for the fulfilment of legal obligations or with the consent of data subjects concerned (e.g. 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 further processing, e.g. for marketing purposes, as part of this privacy policy.
Which data are necessary for the aforementioned purposes, we inform the contracting partners before or in the context of the data collection, e.g. in online forms by special marking (e.g. colors), and/or symbols (e.g. asterisks or the like), or personally.
We delete the data after expiry of statutory warranty and comparable obligations, i.e. in principle after expiry of 4 years, unless the data is stored in a customer account or must be kept for legal reasons of archiving (e.g., as a rule 10 years for tax purposes). In the case of data disclosed to us by the contractual partner within the context of an assignment, we delete the data in accordance with the specifications of the assignment, in general after the end of the assignment.
If we use third-party providers or platforms to provide our services, the terms and conditions and privacy policies of the respective third-party providers or platforms shall apply in the relationship between the users and the providers.
- Legal Basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), compliance with a legal obligation (Article 6 (1) (c) GDPR), legitimate interests (Article 6 (1) (f) GDPR).
Credit assessment
Insofar as we make advance payments or enter into comparable economic risks (e.g. when ordering on account), we reserve the right to obtain identity and credit information from specialized service providers (credit agencies) for the purpose of assessing the credit risk on the basis of mathematical-statistical procedures in order to safeguard legitimate interests.
We process the information received from credit agencies on the statistical probability of non-payment as part of an appropriate discretionary decision on the establishment, execution and termination of the contractual relationship. In the event of a negative result of the credit assessment, we reserve the right to refuse payment on account or any other advance payment.
In accordance with Article 22 GDPR, the decision as to whether we will provide goods or services prior to payment is made solely on the basis of an automated decision in the individual case, which our software makes on the basis of the information provided by the credit agency.
If we obtain the express consent of contractual partners, the legal basis for the credit information and the transmission of the customer’s data to the credit agencies is consent. If no consent is obtained, the credit rating will be based on our legitimate interests in the security of our payment claims.
We delete the data after the 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. contract object, duration, customer category).
- Data subjects: Customers, prospective customers.
- Purposes of processing: Assessment of creditworthiness.
- Legal basis: Consent (Article 6 (1) (a) GDPR), legitimate interests (Article 6 (1) (f) GDPR).
- Automated individual decision-making: Credit report (decision based on a credit report).
Services and service providers being used:
- Creditreform Boniversum GmbH und Verband der Vereine Creditreform e.V.: Credit agency; service provider: Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss, Germany; website: https://www.boniversum.de/?lang=en; privacy policy: https://www.boniversum.de/privacy-policy/?lang=en.
Provision of online services and web hosting
Collection of access data and log files: Our web hosting provider collects data on the basis of each access to the server (so-called server log files). Server log files include the address and name of the web pages and files accessed, the date and time of access, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a general rule, IP addresses and the requesting provider.
The log files are deleted when they are no longer needed to achieve 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 Article 6 (1) (f) GDPRR. Our legitimate interest is the optimal functioning of our website. The server log files may be used on the one hand for security purposes, e.g. to prevent server overload (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand 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 provide your name, e-mail address and your request. We use this data exclusively to answer your request.
The data is 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 Article 6 (1) (f) GDPR. We invoke a legitimate interest in providing users with a uniform and simple way of contacting us.
E-mail sending and hosting: 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 contents of the respective e-mails are processed. The above data may also be processed for SPAM detection purposes. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted during transport, but not on the servers from which they are sent and received (unless a so-called end-to-end encryption method is used). We can therefore accept no responsibility for the transmission path of e-mails between the sender and reception on our server.
If you send us an e-mail, we process the content and time of your message as well as your sender address. If the message is related to a contractual relationship, we 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 Article 6 (1) (c) GDPR.
For the processing of general inquiries, the legal basis is Article 6 (1) (f) GDPR. We invoke a legitimate interest in being able to track and prove the communication initiated by you. This data will be deleted when it is presumably no longer required for this purpose.
Blog
We operate a blog on our website. When users leave comments or other posts, their IP addresses may be stored based on our legitimate interests. This is done for our security in case someone leaves unlawful content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right to process the user’s details 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 in the context of comments and contributions, any contact and website information as well as the content-related information will be stored permanently by us until the user objects.
- Processed data types: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text input, photographs, videos), 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: Performance of a contract and prior requests (Article 6 (1) (b) GDPR), legitimate interests (Article 6 (1) (f) GDPR), consent (Article 6 (1) (a) GDPR).
Cloud services
We use Internet-accessible software services (so-called “cloud services”, also referred to as “Software as a Service”) provided on the servers of its providers for the following purposes: document storage and administration, calendar management, e-mail delivery, spreadsheets and presentations, exchange of documents, content and information with specific recipients or publication of websites, forms or other content and information, as well as chats and participation in audio and video conferences.
Within this framework, personal data may be processed and stored on the provider’s servers insofar as this data is part of communication processes with us or is otherwise processed by us in accordance with this privacy policy. This data may include in particular master data and contact data of data subjects, data on processes, contracts, other proceedings and their contents. Cloud service providers also process usage data and metadata that they use for security and service optimization purposes.
If we use cloud services to provide documents and content to other users or publicly accessible websites, forms, etc., providers may store cookies on users’ devices for web analysis or to remember user settings (e.g. in the case of media control).
Information on legal basis: If we ask for permission to use cloud services, the legal basis for processing data is consent. Furthermore, their use can be a component of our (pre)contractual services, provided that the use of cloud services has been agreed in this context. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient and secure administrative and collaboration processes).
- Processed data types: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text input, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Customers, employees (e.g. employees, job applicants), prospective customers, communication partner (recipients of e-mails, letters, etc.).
- Purposes of processing: Office and organizational procedures.
- Legal basis: Consent (Article 6 (1) (a) GDPR), performance of a contract and prior requests (Article 6 (1) (b) GDPR), legitimate interests (Article 6 (1) (f) GDPR).
Services and service providers being used:
- Microsoft Cloud Services: Cloud Services; service provider: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA; website: https://microsoft.com; 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 is used to evaluate the visitor traffic on our website and may include the behavior, interests or demographic information of users, such as age or gender, as pseudonymous values. With the help of web analysis, we can e.g. recognize, at which time our online services or their functions or contents are most frequently used or requested for repeatedly, as well as which areas require optimization.
In addition to web analysis, we can also use test procedures, e.g. to test and optimize different versions of our online services or their components.
For these purposes, so-called user profiles can be created and stored in a file (so-called “cookie”) or similar procedures in which the relevant user information for the aforementioned analyses is stored. This information may include, for example, content viewed, web pages visited and elements and technical data used there, such as the browser used, computer system used and information on times of use. If users have consented to the collection of their location data, these may also be processed, depending on the provider.
The IP addresses of the users are also stored. However, we use any existing IP masking procedure (i.e. shortening the IP address) to protect the user. In general, within the framework of web analysis, A/B testing and optimisation, no user data (such as e-mail addresses or names) is stored, but pseudonyms. This means that we, as well as the providers of the software used, do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective processes.
Information on legal basis: If we ask the users for their consent to the use of third-party providers, the legal basis of the processing is consent. Furthermore, the processing can be a component of our (pre)contractual services, provided that the use of the third party was agreed within this context. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.
- Legal Basis: Consent (Article 6 (1) (a) GDPR), legitimate interests (Article 6 (1) (f) GDPR).
Eingesetzte Dienste und Diensteanbieter:
- Google Analytics: Web analytics; 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/en/about/analytics/; privacy policy: https://policies.google.com/privacy.
Payment provider
We use the online payment service of billwerk as 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 in case of credit card payments.
- Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a. DSGVO), contract performance and pre-contractual requests (Art. 6 para. 1 p. 1 lit. b. DSGVO).
Services and service providers being used:
- billwerk: Online payment provider; service provider: billwerk GmbH, Mainzer Landstraße 51, 60329 Frankfurt am Main.
Changes and updates to the privacy policy
We kindly ask you to inform yourself regularly about the contents of our data protection declaration. We will adjust the privacy policy as changes in our data processing practices make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
If we provide addresses and contact information of companies and organizations in this privacy policy, we ask you to note that addresses may change over time and to verify the information before contacting us.
Rights of data subjects
As data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 of the GDPR:
- Right to object: You have the right, on grounds arising from your particular situation, to object at any time to the processing of your personal data which is based on letter (e) or (f) of Article 6(1) GDPR , including profiling based on those provisions.Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such marketing, which includes profiling to the extent that it is related to such direct marketing.
- Right of withdrawal for consents: You have the right to revoke consents at any time.
- Right of access: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
- Right to rectification: You have the right, in accordance with the law, to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
- Right to erasure and right to restriction of processing: In accordance with the statutory provisions, you have the right to demand that the relevant data 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 data concerning you which you have provided to us in a structured, common 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, under the conditions laid down by law, 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 competent for us:
Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit
Profiles 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 entail risks for users, e.g. by making it more difficult to enforce users’ rights.
In addition, user data is usually processed within social networks for market research and advertising purposes. For example, user profiles can be created on the basis of user behaviour and the associated interests of users. The user profiles can then be used, for example, to place advertisements within and outside the networks which are presumed to correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behaviour and interests are stored. Furthermore, data can be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective networs or will become members later on).
For a detailed description of the respective processing operations and the opt-out options, please refer to the respective data protection declarations and information provided by the providers of the respective networks.
Also, in the case of requests for information and the exercise of rights of data subjects, we point out that these can be most effectively pursued with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, please do not hesitate to contact us.
When you click on a video embedded in our website, a connection to the YouTube service is established. In the process, various personal data are 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 be able to access data held by Google LLC without your or our knowledge and without you having any legal remedy. On this topic, we recommend reading the documentation “US Data Law – Access to Data by US Authorities” by the Scientific 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). Google’s privacy policy can be found here: https://policies.google.com/privacy?hl=de (link last accessed on 11.05.2021).
Services and service providers being used: