Data privacy
1. Introduction
In the following, we provide information about the processing of personal data when using our website webshape.io. Personal data is all data that can be related to a specific natural person, e.g. their name or IP address.
1.1. Contact data
The controller pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is WEBSHAPE GmbH, 33615 Bielefeld, Germany, e-mail: r e q u e s t / et / webshape.io. We are legally represented by Samuel Janzen.
1.2 Scope of data processing, processing purposes and legal bases
The scope of data processing, processing purposes and legal bases are explained in detail below. The following legal bases for data processing can generally be considered:
Art. 6 para. 1 sentence 1 lit. a GDPR serves us as the legal basis for processing operations for which we obtain consent.
Art. 6 para. 1 sentence 1 lit. b GDPR is the legal basis if the processing of personal data is necessary for the performance of a contract, e.g. if a site visitor purchases a product from us or we perform a service for them. This legal basis also applies to processing that is necessary for pre-contractual measures, for example in the case of inquiries about our products or services.
Art. 6 para. 1 sentence 1 lit. c GDPR applies if we fulfill a legal obligation by processing personal data, as may be the case in tax law, for example.
Art. 6 para. 1 sentence 1 lit. f GDPR serves as the legal basis if we can rely on legitimate interests to process personal data, e.g. for cookies that are required for the technical operation of our website.
1.3 Data processing outside the EEA
Insofar as we transfer data to service providers or other third parties outside the EEA, adequacy decisions of the EU Commission pursuant to Art. 45 para. 3 GDPR guarantee the security of the data during transfer, insofar as these are available, as is the case, for example, for the UK, Canada and Israel.
In the case of data transfer to service providers in the USA, the legal basis for data transfer is an adequacy decision by the EU Commission if the service provider is also certified under the EU-US Data Privacy Framework.
In other cases (e.g. if there is no adequacy decision), the legal basis for data transfer is usually standard contractual clauses, unless we indicate otherwise. These are a set of rules adopted by the EU Commission and form part of the contract with the respective third party. According to Art. 46 para. 2 lit. b GDPR, they guarantee the security of data transfer. Many of the providers have issued contractual guarantees that go beyond the standard contractual clauses and protect the data beyond the standard contractual clauses. These are, for example, guarantees regarding the encryption of the data or regarding the obligation of the third party to inform the data subject if law enforcement agencies wish to access data.
1.4 Storage period
Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its 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, i.e. the data will be blocked and not processed for other purposes. This applies, for example, to data that we must retain for commercial or tax law reasons.
1.5 Rights of the data subjects
Data subjects have the following rights vis-à-vis us with regard to their personal data:
Right of access, right to rectification or erasure, right to restriction of processing, right to object to processing, right to data portability, right to withdraw consent at any time.
Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data. Contact details of the data protection supervisory authorities can be found at https://www.bfdi.bund.de/DE/Service/Anschriften/Laender/Laender-node.html
1.6 Obligation to provide data
In the context of a business relationship or other relationship, customers, interested parties or third parties must only provide us with the personal data that is necessary for the establishment, execution and termination of the business relationship or for the other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude a contract or provide a service or will no longer be able to perform an existing contract or other relationship.
Mandatory information is marked as such.
1.7 No automated decision-making in individual cases
In principle, we do not use fully automated decision-making in accordance with Article 22 GDPR to establish and implement a business relationship or other relationship. If we use these procedures in individual cases, we will provide separate information about this if this is required by law.
1.8 Making contact
When you contact us, e.g. by email or telephone, the data you provide us with (e.g. names and email addresses) will be stored by us in order to answer your questions. The legal basis for the processing is our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in answering inquiries addressed to us. We delete the data collected in this context after storage is no longer necessary or restrict processing if there are statutory retention obligations.
1.9 Customer surveys
From time to time, we conduct customer surveys to get to know our customers and their wishes better. We collect the data requested in each case. It is our legitimate interest to get to know our customers and their wishes better, so that the legal basis for the associated data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. We delete the data once the results of the surveys have been evaluated.
2. Newsletter
We reserve the right to inform customers who have already used our services or purchased goods about our offers from time to time by email or other electronic means if they have not objected to this. The legal basis for this data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest lies in direct advertising (Recital 47 GDPR). Customers can object to the use of their email address for advertising purposes at any time at no additional cost, for example via the link at the end of each email or by sending an email to our email address stated above.
Interested parties have the option of subscribing to a free newsletter. We process the data provided during registration exclusively for the purpose of sending the newsletter. Registration takes place by selecting the corresponding field on our website, by ticking the corresponding field in a paper document or by another clear action, whereby interested parties declare their consent to the processing of their data, so that the legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR. Consent can be withdrawn at any time, e.g. by clicking on the corresponding link in the newsletter or by sending a message to the email address provided above. The processing of the data until revocation remains lawful even in the event of revocation.
Based on the consent of the recipients (Art. 6 para. 1 sentence 1 lit. a GDPR), we also measure the opening and click rate of our newsletters in order to understand which content is relevant for our recipients.
We send newsletters using the CleverReach tool from CleverReach GmbH & Co. KG. The provider processes content, usage, meta/communication data and contact data in Germany.
3. data processing on our website
3.1 Note for website visitors from Germany
Our website stores information in the terminal equipment of website visitors (e.g. cookies) or accesses information that is already stored in the terminal equipment (e.g. IP addresses). Please refer to the following sections to find out what information this is in detail.
This storage and access takes place on the basis of the following provisions:
Insofar as this storage or access is absolutely necessary for us to provide the service of our website expressly requested by website visitors (e.g. to carry out a chatbot used by the website visitor or to ensure the IT security of our website), it is carried out on the basis of Section 25 (2) No. 2 TTDSG.
Otherwise, this storage or access is based on the consent of the website visitor (Section 25 (1) TTDSG).
Downstream data processing is carried out in accordance with the following sections and on the basis of the provisions of the GDPR.
3.2 Informational use of the website
When using the website for informational purposes, i.e. when visitors to the site do not send us information separately, we collect the personal data that the browser transmits to our server in order to ensure the stability and security of our website. This is our legitimate interest, so the legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR. These data are
IP address, date and time of the request, time zone difference to Greenwich Mean Time (GMT), content of the request (specific page), access status/HTTP status code, amount of data transferred in each case, website from which the request comes, browser, operating system and its interface, language and version of the browser software.
This data is also stored in log files. They are deleted when their storage is no longer required, at the latest after 14 days.
3.3 Web hosting and provision of the website
Our website is hosted by ALL-INKL.COM - Neue Medien Münnich, Friedersdorf, Germany. The provider processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data, in the EU. Further information can be found in the provider's privacy policy at https://all-inkl.com/info/datenschutzinformationen/
It is our legitimate interest to provide a website, so that the legal basis for the data processing described is Art. 6 para. 1 sentence 1 lit. f GDPR.
Our app at app.webshape.io is hosted by Hetzner. The provider is Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany. The provider processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data, in the EU. Further information can be found in the provider's privacy policy at https://www.hetzner.com/de/rechtliches/datenschutz.
It is our legitimate interest to provide a website, so that the legal basis for the data processing described is Art. 6 para. 1 sentence 1 lit. f GDPR.
3.4. Contact form
When you contact us via the contact form on our website, we store the data requested there and the content of the message. The legal basis for the processing is our legitimate interest in responding to inquiries addressed to us. The legal basis for the processing is therefore Art. 6 para. 1 sentence 1 lit. f GDPR. We delete the data collected in this context after storage is no longer required, or restrict processing if there are statutory retention obligations.
3.5 Job advertisements
We publish job vacancies in our company on our website, on pages linked to the website or on third-party websites. The data provided as part of the application is processed in order to carry out the application process. Insofar as this is necessary for our decision to establish an employment relationship, the legal basis is Art. 88 para. 1 GDPR in conjunction with Section 26 para. 1 BDSG. We have marked the data required to carry out the application process accordingly or refer to it. If applicants do not provide this data, we will not be able to process the application. Further data is voluntary and not required for an application. If applicants provide further information, this is based on their consent (Art. 6 para. 1 sentence 1 lit. a GDPR).
We ask applicants to refrain from providing information on political opinions, religious beliefs and similar sensitive data in their CV and cover letter. They are not required for an application. If applicants nevertheless provide such information, we cannot prevent it from being processed as part of the processing of the CV or cover letter. Their processing is then also based on the consent of the applicants (Art. 9 para. 2 lit. a GDPR).
Finally, we process applicants' data for further application procedures if they have given us their consent to do so. In this case, the legal basis is Art. 6 para. 1 sentence 1 lit. a GDPR.
We pass on the applicants' data to the responsible employees in the HR department, to our processors in the area of recruiting and to the other employees involved in the application process.
If we enter into an employment relationship with the applicant following the application process, we will only delete the data after the employment relationship has ended. Otherwise, we delete the data no later than six months after rejecting an applicant.
If applicants have given us their consent to use their data for further application procedures, we will only delete their data one year after receipt of the application.
3.6 Booking appointments
Site visitors can book appointments with us on our website. For this purpose, we process meta or communication data in addition to the data entered. We have a legitimate interest in offering interested parties a user-friendly way to make appointments. The legal basis for data processing is therefore Art. 6 para. 1 sentence 1 lit. f GDPR. If we use a tool from a third-party provider for the agreement, the information can be found under "Third-party providers".
3.7 Third-party providers
3.7.1. Adobe fonts
We use Adobe fonts for fonts on the website. The provider is Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Saggart Dublin 24th, Saggart, Dublin, D24dcw0, Ireland. The provider processes meta/communication data (e.g. device information, IP addresses) in the USA.
The legal basis for the processing is Art. 6 para. 1 sentence 1 lit. a GDPR. Processing takes place on the basis of consent. Data subjects can withdraw their consent at any time, e.g. by contacting us using the contact details provided in our privacy policy. The revocation does not affect the legality of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA is consent.
The data will be deleted if the purpose of its collection no longer applies and there is no obligation to retain it. Further information can be found in the provider's privacy policy at https://www.adobe.com/de/privacy/policy.html
4. data processing on social media platforms
We are represented on social media networks in order to present our organization and our services. The operators of these networks regularly process their users' data for advertising purposes. Among other things, they create user profiles from their online behavior, which are used, for example, to display advertising on the pages of the networks and elsewhere on the Internet that corresponds to the interests of the users. For this purpose, the network operators store information on user behavior in cookies on the user's computer. It is also possible that the operators may combine this information with other data. Users can find further information and information on how users can object to processing by the site operators in the privacy policies of the respective operators listed below. It is also possible that the operators or their servers are located in non-EU countries, meaning that they process data there. This may result in risks for users, e.g. because the enforcement of their rights is made more difficult or government agencies gain access to the data.
When users of the networks contact us via our profiles, we process the data provided to us in order to respond to the inquiries. This is our legitimate interest, so the legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.
4.1. LinkedIn
We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here: https://https://www.linkedin.com/legal/privacy-policy?_l=de_DE. You can object to data processing via the settings for advertisements: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
5. changes to this privacy policy
We reserve the right to amend this privacy policy with effect for the future. A current version is always available here.
6. questions and comments
If you have any questions or comments regarding this privacy policy, please do not hesitate to contact us using the contact details above.