Privacy Notice

1. Introduction

We would like to use the information below to provide you "data subject" with an overview of our processing of your personal data and your rights under data protection law. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services offered by our company through our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we will generally obtain your consent.

Personal data, such as your name, address or email address, is always processed in accordance with the EU General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to the "splone UG (haftungsbeschränkt)". The aim of this Privacy Notice is to inform you about the scope and purpose of the personal data we collect, use and process.

As the data controller, we have implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps so that absolute protection cannot be guaranteed. For this reason, you are free to submit personal data on alternative ways, such as by phone or by post to us.

2. Data controller

The data controller, as defined by the GDPR, is:

splone UG (haftungsbeschränkt)
Storkower Str. 207, 10369 Berlin, Germany

Data controller’s representative: Sascha Zinke

3. Data protection officer

We would like to point out that we are not required to appoint a data protection officer.

Contact person for data protection: Sascha Zinke

4. Legal basis for processing

Art. 6 (1) lit. a) GDPR (icw § 25 (1) Telecommunications Digital Services Data Protection Act (TDDDG) (formerly TTDSG)) serves our company as the legal basis for processing operations where we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) lit. b) GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services.

If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 (1) lit. c) GDPR.

In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result their name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 (1) lit. d) GDPR.

Finally, processing operations could be based on Art. 6 (1) lit. f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not overweigh. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European law. In this respect, the legislature took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47, Sentence 2 GDPR)..

5. Technology

5.1 SSL/TLS-encryption

This site uses SSL or TLS encryption to guarantee the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact enquiries that you send to us as the operator. You can recognise an encrypted connection by the fact that the address bar of the browser contains a "https://" instead of a "http://" and by the lock symbol in your browser bar.

We use this technology to protect your transmitted data.

5.2 Data collection when visiting the website

If you only use our website for informational purposes, if you do not register or otherwise provide us with information or do not give your consent to processing that requires consent, we only collect data that is technically necessary for the provision of the service. This is regularly data that your browser transmits to our server (in so-called "server log files"). Our website collects a series of general data and information each time you or an automated system accesses a page. This general data and information is stored in the server log files. The following can be recorded:

1. browser types and versions used,
2. the operating system used by the accessing system,
3. the website from which an accessing system accesses our website (so-called referrer),
4. the sub-pages accessed via an accessing system on our website,
5. the date and time of access to the website,
6. an abbreviated internet protocol address (anonymised IP address) and,
7. the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. This information is rather required to:

1. deliver the contents of our website correctly,
2. optimise the contents of our website as well as to advertise it,
3. ensure the permanent operability of our IT systems and the technology of our website, and
4. provide law enforcement authorities with the information necessary to prosecute in the event of a cyber-attack.

This collected data and information is therefore statistically analysed and further analysed by us with the aim of increasing data protection and data security within our company to ultimately ensure an optimum level of protection for the personal data being processed by us. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.

The legal basis for data processing is Art. 6 (1) lit. f) GDPR. Our legitimate interest follows from the purposes for data collection listed above.

5.3 Hosting by Uberspace

We host our website at Uberspace, represented by Jonas Pasche, Kaiserstr. 15, 55116 Mainz, Germany (hereinafter referred to as Uberspace).

When you visit our website, your personal data is processed on Uberspace's servers.

The use of Uberspace is based on Art. 6 (1) lit. f GDPR. We have a legitimate interest in the most reliable presentation and provision as well as safeguarding of our website.

We have concluded an data processing agreement (DPA) in accordance with Art. 28 GDPR with Uberspace. This is a contract required by data protection law, which ensures that Uberspace processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.

You can find more information about Uberspaces's data protection policy at: https://https//uberspace.de/de/about/privacy/.

6. Contents of our website

6.1 Contact support / Contact form

Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of the use of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) lit. b) GDPR. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and the deletion does not conflict with any legal obligations to retain data.

7. Our activities in social networks

To allow us to communicate with you on social networks and inform you about our services, we run our own pages on these social networks. If you visit one of our social media pages, we and the provider of the social media network are joint controllers (Art. 26 GDPR) regarding to the processing operations triggered thereby, which concern personal data.

We are not the original provider of these pages, but only use them within the scope of the options offered to us by the respective providers
We would therefore like to point out as a precautionary measure that your data may also be processed outside of the European Union or the European Economic Area. Use of these networks may therefore involve data protection risks for you since the protection of your rights may be difficult, e.g. your rights to information, erasure, objection, etc. Processing on social networks frequently takes place directly for advertising purposes or for the analysis of user behaviour by network providers, and we have no control over this. If the provider creates user profiles, cookies are often used or user behaviour may be assigned directly to your own member profile on the respective social network (if you are logged in).

The processing operations of personal data described are carried out in accordance with Art. 6 (1) lit. f) GDPR on the basis of our legitimate interests and the legitimate interests of the respective provider in order to communicate with you in a timely manner or to inform you about our services. If you have to grant your consent to the respective providers to process your data as a user, the legal basis for this processing is Art. 6 (1) lit. a) GDPR in conjunction with Art. 7 GDPR.

Since we have no access to these providers’ databases, we would like to point out that you would be best placed to exercise your rights (e.g. to information, rectification, erasure, etc.) directly with the respective provider. More information on the processing of your data on social networks and your options for exercising your right to object or your right of revocation (opt out) is listed below for each of the social network providers we use:

7.1 LinkedIn

(Joint) Data controller responsible for data processing in Europe:
LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland

Privacy Notice:
https://www.linkedin.com/legal/privacy-policy

7.2 XING (New Work SE)

(Joint) Data controller responsible for data processing in Germany:
New Work SE, Dammtorstrasse 29–32, 20354 Hamburg, Germany

Privacy Notice:
https://privacy.xing.com/de/datenschutzerklaerung

Requests for information for XING members:
https://www.xing.com/settings/privacy/data/disclosure

8. Plugins and other services

8.1 HubSpot CRM-System

We use the CRM software provided by HubSpot, Inc, 25 First Street, Cambridge, MA 02141, USA ("HubSpot").

Hubspot is a software CRM solution for managing customer relationships and includes the following features:

• Deal administration, lead management and task management,
• Email tracking and notification,
• Email Templates and Scheduling,
• Document sharing,
• Online booking system for appointments,
• Telephony solutions such as automatic call recording & logging.

All departments, (including e.g. marketing, sales, customer service as well as online and stationary trade) work together with the described software.

The provider of HubSpot necessarily receives knowledge of the above-mentioned data, as far as this is provided for in the context of our data processing contract (Art. 28 GDPR), with HubSpot. These may include the names, addresses, e-mail addresses and telephone numbers. A processing of the personal data thus also takes place in a third country (outside the EU and the EEA).

If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 (1) lit. a) GDPR. In the context of an employee relationship, corresponding data processing is carried out on the basis of § 26 German Federal Data Protection Act (Bundesdatenschutzgesetz [BDSG]). The legal basis for the use of the service in the context of existing contractual relationships or contractual relationships to be initiated is Art. 6 (1) lit. b) GDPR. In all other cases, the legal basis for processing your personal data is Art. 6 (1) lit. f) GDPR. Here, our interest is in the effective coordination of internal as well as external communication and the management of client relationships.

To the extent HubSpot processes personal data in connection with its own legitimate business operations, HubSpot is an independent data controller for such use and, as such, is responsible for complying with applicable laws and obligations of a data controller.

Additional information on the service can be found at the following link: https://legal.hubspot.com/de/privacy-policy.

8.2 Microsoft Bookings

We use the appointment scheduling tool Microsoft Bookings ("Bookings") on our website, a service provided by Microsoft Corp., One Microsoft Way, Redmond, Washington, USA.

When you press the corresponding booking button, you will automatically be connected to our appointment account at Bookings. After choosing your appointment, confirming it, and entering your contact details and requests, you will receive a confirmation e-mail.

When using the service, the following data, among others, may be processed:

• Name, first name,
• telephone number,
• e-mail address,
• preferred form of communication (telephone, video conferencing system),
• reason for your request,
• time of appointment request and agreed appointment,
• free text added by you.

These processing operations are carried out exclusively when explicit consent is given in accordance with Art. 6 (1) lit. a) GDPR.

Alternatively, appointments can also be made by e-mail or telephone.

This US company is certified under the EU-US Data Privacy Framework. There is hereby an adequacy decision pursuant to Art. 45 GDPR, so that a transfer of personal data may also take place without further guarantees or additional measures.

Additional information on the service can be found at the following link: https://privacy.microsoft.com/de-de/privacystatement.

9. Your rights as a data subject

9.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data relating to you will be processed.

9.2 Right to information (Article 15 GDPR)

You have the right to obtain information about the personal data stored about you at any time, free of charge, as well as the right to access a copy of such data from us, in accordance with the statutory provisions.

9.3 Right to rectification (Article 16 GDPR)

You have the right to request the immediate rectification of incorrect personal data relating to yourself. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

9.4 Erasure (Article 17 GDPR)

You have the right to demand that we erase the personal data relating to you be deleted without delay, provided that one of the reasons provided by law applies and if processing or further storage is not required.

9.5 Restriction to processing (Article 18 GDPR)

You have the right to request that we restrict the processing of your data if one of the legal requirements is met.

9.6 Data transferability (Article 20 GDPR)

You have the right obtain personal data relating to you that you provided us in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance by us, to whom the personal data was provided, provided that the processing is based on the consent pursuant to Art. 6 (1) lit. a) GDPR or Art. 9 (2) lit. a) GDPR or on a contract pursuant to Art. 6 (1) lit. b) GDPR, and the data are processed using automated procedures, unless processing is necessary to complete a task, is in the public interest or is carried out in the exercise of an official authority assigned to us.

Furthermore, when exercising your right to data transferability pursuant to Art. 20 (1) GDPR, you have the right to have personal data transferred directly from one controller to another, provided this is technically feasible and does not impede the rights and freedoms of other persons.

9.8 Revocation of consent regarding data protection

You have the right to revoke any consent to the processing of personal data at any time with future effect.

9.9 Lodging a complaint with a supervisory authority

You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.

10. Version and amendments to the Privacy Notice

This Privacy Policy is currently valid as of: [[monthYear]].

Due to the further development of our Internet pages and offers or due to changed legal or official requirements, it may become necessary to change this Privacy Policy. You can access and print out the current data protection declaration at any time on the website under "https://splone.com/privacy/".