This privacy policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and its associated websites, features, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offer”). With regard to the terminology used, such as “processing” or “controller,” we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Controller

Qualmity GmbH
Rungestr. 19
10179 Berlin
Managing Director: Stefan Rauch
Email: privacy@qualmity.com
Link to the imprint: https://qualmity.com/legal.html

Types of data processed:

– Inventory data (e.g., names, addresses).
– Contact data (e.g., email, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., visited websites, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

Purpose of processing

– Provision of the online offer, its functions, and contents.
– Responding to contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing.

Terminology used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie), or one or more specific characteristics that are an expression of the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.

The “controller” is 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.

Relevant legal bases

In accordance with Article 13 GDPR, we inform you of the legal basis of our data processing. Unless the legal basis is specifically mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures as well as responding to inquiries is Article 6(1)(b) GDPR, the legal basis for processing to fulfill our legal obligations is Article 6(1)(c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Article 6(1)(f) GDPR. If the processing of personal data is necessary to protect the vital interests of the data subject or another natural person, Article 6(1)(d) GDPR serves as the legal basis.

Security measures

We ask you to regularly review the contents of our privacy policy. We adapt the privacy policy as soon as changes in the data processing we carry out make this necessary. We will inform you as soon as the changes require your participation (e.g., consent) or other individual notification.

Collaboration with processors and third parties

If we disclose data to other persons and companies (processors or third parties) in the course of our processing, transmit it to them, or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g., if a transmission of the data to third parties, such as payment service providers, is necessary for the performance of the contract pursuant to Article 6(1)(b) GDPR), you have consented, a legal obligation provides for this, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “data processing agreement,” this is done on the basis of Article 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing, or transferring data to third parties, this will only happen if it is to fulfill our (pre)contractual obligations, based on your consent, a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only under the special conditions of Articles 44 et seq. GDPR. This means the processing takes place, for example, on the basis of specific guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to information about this data as well as to further information and copy of the data in accordance with Article 15 GDPR.

You have accordingly Article 16 GDPR the right to request the completion of data concerning you or the rectification of incorrect data concerning you.

In accordance with Article 17 GDPR, you have the right to demand that relevant data be deleted immediately, or alternatively, in accordance with Article 18 GDPR, to request a restriction of the processing of the data.

You have the right to request that the data concerning you that you have provided to us be received and to request their transmission to other controllers in accordance with Article 20 GDPR.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Article 77 GDPR.

Right of withdrawal

You have the right to withdraw consents granted in accordance with Article 7(3) GDPR with effect for the future.

Right to object

You can object to the future processing of data concerning you in accordance with Article 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.

Cookies and right to object to direct advertising

“Cookies” are small files that are stored on the users’ computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offer and closes their browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login status can be stored. “Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For example, the login status can be saved if users visit these after several days. Likewise, the interests of users can be stored in such a cookie, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies offered by providers other than the controller that operates the online offer (otherwise, if it is only their cookies, it is called “first-party cookies”).

We may use temporary and permanent cookies and clarify this in the context of our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to disable the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be explained for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that then not all functions of this online offer may be used.

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated within the scope of this privacy policy, the data stored by us will be deleted as soon as they are no longer necessary for their intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, the retention is in particular for 10 years pursuant to Sections 147(1) AO, 257(1)(1) and (4), (4) HGB (books, records, management reports, accounting vouchers, commercial books, for taxation relevant documents, etc.) and 6 years pursuant to Section 257(1)(2) and (3), (4) HGB (commercial letters).

According to legal requirements in Austria, the retention is in particular for 7 years pursuant to Section 132(1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of revenues and expenditures, etc.), for 22 years in connection with real estate and for 10 years for documents related to electronically supplied services, telecommunications, broadcasting, and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is claimed.

Business-related processing

In addition, we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history) from our customers, prospects, and business partners for the purpose of providing contractual services, service, and customer care, marketing, advertising, and market research.

Hosting

The hosting services we use serve the provision of the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services, which we use for the purpose of operating this online offer.

In this context, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta, and communication data of customers, prospects, and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Article 6(1)(f) GDPR in conjunction with Article 28 GDPR (conclusion of a data processing agreement).

Collection of access data and log files

We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Article 6(1)(f) GDPR on every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved website, file, date, and time of retrieval, transferred data volume, notification of successful retrieval, browser type, and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.

Log file information is stored for security reasons (e.g., to clarify acts of abuse or fraud) for a maximum duration of 7 days and then deleted. Data, whose further retention is required for evidentiary purposes, is exempt from deletion until the final clarification of the respective incident.

Agency services

We process the data of our clients in the context of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/advice or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services, and training services.

In this context, we process inventory data (e.g., customer master data such as names or addresses), contact data (e.g., email, phone numbers), content data (e.g., text input, photographs, videos), contract data (e.g., subject matter of the contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., within the scope of the evaluation and measurement of the success of marketing measures). As a matter of principle, we do not process special categories of personal data unless they are components of a commissioned processing. The data subjects include our clients, prospects, and their clients, users, website visitors, or employees as well as third parties. The purpose of the processing is to provide contractual services, billing, and our customer service. The legal basis for the processing results from Article 6(1)(b) GDPR (contractual services), Article 6(1)(f) GDPR (analysis, statistics, optimization, security measures). We process data that is necessary for the establishment and fulfillment of the contractual services and point out the necessity of their provision. Disclosure to external parties only takes place if it is required in the context of an order. When processing the data provided to us in the context of an order, we act in accordance with the instructions of the clients as well as the legal requirements of data processing in accordance with Article 28 GDPR and process the data for no other purposes than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry. Information in any customer account remains until its deletion.

Therapeutic services and coaching

We process the data of our clients and interested parties and other clients or contractual partners (uniformly referred to as “clients”) in accordance with Article 6(1)(b) GDPR, in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope, and purpose, and the necessity of their processing are determined by the underlying contractual relationship. The processed data includes basic and master data of the clients (e.g., name, address, etc.), as well as contact data (e.g., email address, phone, etc.), the contract data (e.g., services used, fees, names of contact persons, etc.), and payment data (e.g., bank details, payment history, etc.).

In the context of our services, we may also process special categories of data pursuant to Article 9(1) GDPR, in particular, information on the health of clients, potentially related to their sex life or sexual orientation, ethnic origin, or religious or philosophical beliefs. For this purpose, we obtain explicit consent from clients in accordance with Article 6(1)(a), Article 7, Article 9(2)(a) GDPR, and otherwise process the special categories of data for purposes of health care on the basis of Article 9(2)(h) GDPR, Section 22(1)(1)(b) BDSG.

If necessary for the fulfillment of the contract or required by law, we disclose or transmit the data of the clients in the context of communication with other professionals, in the fulfillment of the contract necessarily or typically involved third parties such as billing agencies or comparable service providers, provided this serves the provision of our services pursuant to Article 6(1)(b) GDPR, is prescribed by law pursuant to Article 6(1)(c) GDPR, our interests or those of the clients in an efficient and cost-effective health care as a legitimate interest pursuant to Article 6(1)(f) GDPR serves or is necessary pursuant to Article 6(1)(d) GDPR to protect the vital interests of the clients or another natural person or within the scope of consent pursuant to Article 6(1)(a), Article 7 GDPR.

The deletion of the data takes place when the data is no longer necessary for the fulfillment of contractual or statutory duties of care as well as dealing with any warranty and comparable obligations, with the necessity of retaining the data being reviewed every three years; otherwise, the statutory retention obligations apply.

Provision of contractual services

We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Article 6(1)(b) GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.

In the context of the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as those of the users in protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation pursuant to Article 6(1)(c) GDPR.

We process usage data (e.g., the visited web pages of our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile to, for example, display product information to the user based on their previously used services.

The deletion of the data takes place after the expiry of statutory warranty and comparable obligations, the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry. Information in any customer account remains until its deletion.

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as the organization of our operations, financial accounting, and compliance with legal obligations, such as archiving. In this context, we process the same data that we process in the context of the provision of our contractual services. The processing bases are Article 6(1)(c) GDPR, Article 6(1)(f) GDPR. The data subjects include customers, interested parties, business partners, and website visitors. The purpose and our interest in the processing lie in administration, financial accounting, office organization, data archiving, i.e., tasks that serve the maintenance of our business activities, performance of our tasks, and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information provided in these processing activities.

We disclose or transmit data to the financial administration, consultants, such as tax advisors or auditors, as well as other fee offices and payment service providers.

Furthermore, we store information about suppliers, organizers, and other business partners on the basis of our business interests, e.g., for the purpose of later contact. These predominantly business-related data are stored permanently.

Business analyses and market research

To operate our business economically, to be able to recognize market trends, customer, and user wishes, we analyze the data available to us on business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, and metadata on the basis of Article 6(1)(f) GDPR, whereby the data subjects include customers, interested parties, business partners, visitors, and users of the online offer.

The analyses are carried out for the purpose of business evaluations, marketing, and market research. In this context, we can take into account the profiles of registered users with information, e.g., on their purchase transactions. The analyses serve us to increase user-friendliness, to optimize our offer, and to improve our business efficiency. The analyses are solely for our purposes and are not disclosed externally unless they are anonymous analyses with summarized values.

If these analyses or profiles are personal, they will be deleted or anonymized upon termination of the users, otherwise after two years from the conclusion of the contract. Otherwise, the overall economic analyses and general trend determinations are prepared anonymously if possible.

Privacy notices in the application process

We process applicant data only for the purpose and within the scope of the application process in accordance with legal requirements. The processing of applicant data takes place to fulfill our (pre)contractual obligations in the context of the application process within the meaning of Article 6(1)(b) GDPR, Article 6(1)(f) GDPR if the data processing, for example, becomes necessary for us in the context of legal procedures (in Germany, Section 26 BDSG additionally applies).

The application process requires that applicants provide us with applicant data. The necessary applicant data are marked, if we offer an online form, otherwise result from the job descriptions and basically include the personal information, postal and contact addresses, and the documents belonging to the application, such as cover letter, CV, and references. In addition, applicants may voluntarily provide us with additional information.

By submitting the application to us, the applicants declare their consent to the processing of their data for purposes of the application process in accordance with the nature and scope set out in this privacy policy.

Insofar as special categories of personal data within the meaning of Article 9(1) GDPR are voluntarily communicated within the scope of the application process, their processing is additionally carried out in accordance with Article 9(2)(b) GDPR (e.g., health data, such as severe disability or ethnic origin). Insofar as special categories of personal data within the meaning of Article 9(1) GDPR are requested from applicants within the scope of the application process, their processing is additionally carried out in accordance with Article 9(2)(a) GDPR (e.g., health data if this is required for professional practice).

If provided, applicants can submit their applications via an online form on our website. The data will be transmitted to us in an encrypted form according to the state of the art. Applicants can also send us their applications via email. However, please note that emails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. We cannot therefore accept any responsibility for the transmission path of the application between the sender and the reception on our server and therefore recommend rather using an online form or postal dispatch. Instead of applying via the online form and email, applicants still have the option of sending us their application by postal mail.

The data provided by the applicants can be further processed by us for purposes of the employment relationship if the application is successful. Otherwise, if the application for a job offer is not successful, the applicants’ data will be deleted. Applicants’ data will also be deleted if an application is withdrawn, to which applicants are entitled at any time.

The deletion will take place, subject to a justified revocation by the applicants, after a period of six months, so that we can answer any follow-up questions about the application and meet our obligations under the Equal Treatment Act. Invoices for any travel expense reimbursement will be archived in accordance with tax regulations.

Registration function

Users can optionally create a user account. During the registration process, the required mandatory information is provided to the users. The data entered during the registration will be used for purposes of using the offer. Users can be informed by email about offer- or registration-relevant information, such as changes in the scope of the offer or technical circumstances. If users have cancelled their user account, their data will be deleted with regard to the user account, subject to retention is necessary for commercial or tax law reasons pursuant to Article 6(1)(c) GDPR. It is the responsibility of the users to back up their data before the end of the contract. We are entitled to irrevocably delete all user data stored during the contract period.

In the context of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as those of the users in protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation pursuant to Article 6(1)(c) GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.

Contacting

When contacting us (e.g., via contact form, email, phone, or social media), the user’s details are processed for handling the contact request and its processing pursuant to Article 6(1)(b) GDPR. The user’s information may be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.

We delete the inquiries if they are no longer necessary. We review the necessity every two years; the statutory archiving obligations also apply.

Google Analytics

We use Google Analytics, a web analytics service provided by Google LLC (“Google”), on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offer within the meaning of Article 6(1)(f) GDPR). Google uses cookies. The information generated by the cookie about the use of the online offer by the users is generally transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer, and to provide other services related to the use of this online offer and internet use. Pseudonymous user profiles of the users can be created from the processed data.

We use Google Analytics only with activated IP anonymization. This means that the IP address of users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user’s browser will not be merged with other data from Google. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on data usage by Google, settings, and objection options can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

The personal data of users will be deleted or anonymized after 14 months.

Online presence in social media

We maintain online presences within social networks and platforms to communicate with customers, interested parties, and users active there and to inform them about our services. When calling up the respective networks and platforms, the business conditions and the data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within social networks and platforms, e.g., write posts on our online presences or send us messages.

Integration of third-party services and content

Within our online offer, we use content or service offers from third-party providers on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offer within the meaning of Article 6(1)(f) GDPR) to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).

This always presupposes that the third-party providers of this content perceive the IP address of the users, as they could not send the content to their browser without the IP address. The IP address is thus necessary for the presentation of this content. We endeavor to use only such content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. Through the “pixel tags,” information such as visitor traffic on the pages of this website can be evaluated. The pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visit time, and other information about the use of our online offer, as well as being linked to such information from other sources.

Google Fonts

We embed the fonts (“Google Fonts”) provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google ReCaptcha

We embed the function for recognizing bots, e.g., for input in online forms (“ReCaptcha”) provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Maps

We embed the maps of the service “Google Maps” provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent (usually as part of their mobile device settings). The data may be processed in the USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Twitter

Within our online offer, functions and contents of the service Twitter, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated. For this purpose, e.g., contents such as images, videos, or texts and buttons can belong, with which users can express their favor regarding the contents, the authors of the contents, or subscribe to our contributions. If the users are members of the platform Twitter, Twitter can assign the call-up of the above-mentioned contents and functions to the profiles of the users there. Twitter is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Privacy policy: https://twitter.com/en/privacy, Opt-Out: https://twitter.com/personalization.

Xing

Within our online offer, functions and contents of the service Xing, offered by XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany, can be integrated. For this purpose, e.g., contents such as images, videos, or texts and buttons can belong, with which users can express their favor regarding the contents, the authors of the contents, or subscribe to our contributions. If the users are members of the platform Xing, Xing can assign the call-up of the above-mentioned contents and functions to the profiles of the users there. Privacy policy of Xing: https://www.xing.com/app/share?op=data_protection.

LinkedIn

Within our online offer, functions and contents of the service LinkedIn, offered by LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, can be integrated. For this purpose, e.g., contents such as images, videos, or texts and buttons can belong, with which users can express their favor regarding the contents, the authors of the contents, or subscribe to our contributions. If the users are members of the platform LinkedIn, LinkedIn can assign the call-up of the above-mentioned contents and functions to the profiles of the users there. Privacy policy of LinkedIn: https://www.linkedin.com/legal/privacy-policy. LinkedIn is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active). Privacy policy: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke.