Privacy Policy (comdaily.ai)

We appreciate your interest in our company. In this agreement, the above-mentioned company comdaily will be referred to as “the company”. Data protection is of great importance to the company’s management. The use of the company’s websites is possible without providing personal data. However, if a data subject wishes to use special company services via our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address or telephone number (and similar data) of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection provisions applicable to the company. With this privacy policy, our company aims to inform the public about the type, scope and purpose of the personal data that we collect, use and process. In addition, this privacy policy is used to inform data subjects about the rights to which they are entitled.

As the controller, the company has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. However, internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

Contact:
comdaily GmbH
ImMediapark 5
D-50670 Cologne
Germany
Email: [email protected]
Imprint: https://comdaily.ai/de/impressum

Contact data protection officer
Mahir Hasan
Email: [email protected]

1. Definitions

The company’s privacy policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be readable and understandable for the general public as well as for our customers and business partners. We therefore present a comprehensible and extensive version. To ensure this, we would like to first explain the terms used.

In this privacy policy, we use, inter alia, the following terms:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“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 or to one or more specific factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

c) Processing
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling
Profiling means any form of automated processing of personal data consisting in the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing
Controller or controller responsible for the processing 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

j) Third party
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

The controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union and other provisions related to data protection is named at the beginning of this privacy policy.

3. Cookies

Cookies are text files that are stored on a computer system via an internet browser.

Many internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which internet sites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited internet sites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified by the unique cookie ID.

4. Collection of general data and information

The company’s website collects a series of general data and information when a data subject or an automated system calls up the website. These general data and information are stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-pages, (5) the date and time of access to the internet site, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the company does not draw any conclusions about the data subject. Rather, this information is needed to (1) correctly deliver the content of our website, (2) optimise the content of our website as well as its advertising, (3) ensure the long-term functionality of our information technology systems and website technology and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Therefore, the company analyses anonymously collected data and information statistically, with the aim of increasing data protection and data security in our company and ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the possibility to register on the controller’s website by providing personal data. Which personal data is transmitted to the controller results from the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for its own purposes. The controller may request the transfer to one or more processors (for example a parcel service) that also uses personal data for an internal purpose that is attributable to the controller.

By registering on the controller’s website, the IP address assigned by the internet service provider (ISP) and used by the data subject as well as the date and time of the registration are also stored. The storage of these data takes place against the background that this is the only way to prevent misuse of our services and, if necessary, to make it possible to investigate committed offences. In this respect, the storage of these data is necessary to secure the controller. These data are not passed on to third parties unless there is a statutory obligation to pass them on or the disclosure serves the purpose of criminal prosecution.

The registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have them completely deleted from the controller’s database.

The controller shall, at any time, provide information upon request to each data subject as to what personal data is stored about the data subject. In addition, the controller shall correct or erase personal data at the request or indication of the data subject, insofar as this does not conflict with any statutory retention obligations. All employees of the controller are available to the data subject as contact persons in this context.

6. Subscription to our newsletters

On the company’s website, users currently or in the future have the opportunity to subscribe to the company’s newsletter. Which personal data are transmitted to the controller when ordering the newsletter results from the input mask used for this purpose.

The company informs its customers and business partners regularly by means of a newsletter about company offers. The company’s newsletter can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter mailing. A confirmation email will be sent in a double opt-in procedure to the email address registered by a data subject for the first time for the newsletter mailing, for legal reasons. This confirmation email is used to check whether the owner of the email address as the data subject is authorised to receive the newsletter.

When registering for the newsletter, we also store the IP address of the computer system used by the data subject at the time of registration, as assigned by the internet service provider (ISP), as well as the date and time of registration. The collection of these data is necessary in order to be able to trace the (possible) misuse of a data subject’s email address at a later point in time and therefore serves the legal protection of the controller.

The personal data collected in the context of a registration for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter may be informed by email if this is necessary for the operation of the newsletter service or a corresponding registration, as might be the case in the event of changes to the newsletter offer or changes in technical conditions. There is no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data which the data subject has given for the newsletter mailing may be revoked at any time. For the purpose of revoking consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the controller’s website or to notify the controller in another way.

7. Newsletter tracking

The company’s newsletter contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such emails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. On the basis of the embedded tracking pixel, the company may see if and when an email was opened by a data subject and which links in the email were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimise the newsletter mailing and to better adapt the content of future newsletters to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the separate declaration of consent given via the double opt-in procedure. After a revocation, these personal data will be deleted by the controller. The company automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8. Contact possibility via the website

The company’s website contains information that enables a quick electronic contact to our company, as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of these personal data to third parties.

9. Routine erasure and blocking of personal data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the legal provisions.

11. Rights of the data subject

a) Right of confirmation
Each data subject shall have the right, granted by the European legislator, to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may contact an employee of the controller at any time.

b) Right of access
Each data subject shall have the right, granted by the European legislator, to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. In such a case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, he or she may contact an employee of the controller at any time.

c) Right to rectification
Each data subject shall have the right, granted by the European legislator, to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may contact an employee of the controller at any time.

d) Right to erasure (right to be forgotten)
Each data subject shall have the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
The personal data have been unlawfully processed.
The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the company, he or she may contact an employee of the controller at any time. An employee of the company shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of the company will arrange the necessary measures in individual cases.

e) Right to restriction of processing
Each data subject shall have the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by the company, he or she may contact an employee of the controller at any time. The employee of the company will arrange the restriction of processing.

f) Right to data portability
Each data subject shall have the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and where this does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may contact an employee of the company at any time.

g) Right to object
Each data subject shall have the right, granted by the European legislator, to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

The company shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing is for the establishment, exercise or defence of legal claims.

If the company processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the company to the processing for direct marketing purposes, the company will no longer process the personal data for these purposes.

In addition, the data subject shall have the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the company for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the company. In addition, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is free to exercise his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Each data subject shall have the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a controller, or (2) it is based on the data subject’s explicit consent, the company shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may contact an employee of the company at any time.

i) Right to withdraw data protection consent
Each data subject shall have the right, granted by the European legislator, to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may contact an employee of the company at any time.

12. Sub-processors

12a. Data protection provisions about the application and use of Facebook

On this website, the controller has integrated components of the company Facebook. Facebook is a social network.

A social network is a place for social encounters on the internet, an online community, which usually allows users to communicate with each other and to interact in a virtual space. A social network can serve as a platform for the exchange of opinions and experiences or allows the internet community to provide personal or business-related information. Facebook allows users of the social network to create private profiles, upload photos and network via friend requests.

The operating company of Facebook is Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside the United States or Canada, the controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this internet website, which is operated by the controller and into which a Facebook component (Facebook plug-in) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download the display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject – and for the entire duration of their stay on our internet site – which specific sub-page of our internet site was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, for example the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from his or her Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.

12b. Data protection provisions about the application and use of LinkedIn

On this website, the controller has integrated components of the company LinkedIn. LinkedIn is a social network.

A social network is a place for social encounters on the internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network can serve as a platform for the exchange of opinions and experiences or allows the internet community to provide personal or business-related information. LinkedIn allows users of the social network to create private profiles, upload photos and network via connection requests.

The operating company of LinkedIn is LinkedIn Inc., 1000 West Maude, Sunnyvale, California, 94085, USA, Phone Number: 1 650 6873600, Website: www.linkedin.com. If a person lives outside the United States or Canada, the controller is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

With each call-up to one of the individual pages of this internet website, which is operated by the controller and into which a LinkedIn component (LinkedIn plug-in) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download the display of the corresponding LinkedIn component from LinkedIn. An overview of all LinkedIn plug-ins can be found at: https://developer.linkedin.com/product-catalog/plugins. During the course of this technical procedure, LinkedIn is made aware of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject – and for the entire duration of their stay on our internet site – which specific sub-page of our internet site was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated into our website, or if the data subject submits a comment, then LinkedIn matches this information with the personal LinkedIn user account of the data subject and stores the personal data.

LinkedIn receives information via the component whenever the data subject visits our website while logged in to LinkedIn at the same time. This occurs regardless of whether the data subject clicks on the LinkedIn component or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from his or her LinkedIn account before a call-up to our website is made.

The data protection policy published by LinkedIn, which is available at https://www.linkedin.com/legal/privacy-policy, provides information about the collection, processing and use of personal data by LinkedIn. It also explains what settings LinkedIn offers to protect the privacy of the data subject. In addition, various configuration options are provided to prevent the transmission of data to LinkedIn. These applications can be used by the data subject to prevent data transmission to LinkedIn.

12c. Data protection provisions on the application and use of HubSpot

We use the integrated software solution “HubSpot” for our own marketing, lead generation, sales processes and customer service purposes.

HubSpot includes, among other things:

the email marketing system, which manages the sending of newsletters as well as automated mailings (e.g. to provide downloads);
the social media publishing and ad management tool, which we use for publishing social media posts and managing our social media ads;
the forms tool, which we use, for example, to provide forms for newsletter registration, content downloads, event registrations, the contact form and support forms;
the smart CRM system (Customer Relationship Management system) with the AI tool “Copilot” for contact management and user segmentation, sales and support;
the reporting tool for the analysis of all collected data; and
AI-based applications such as chatbots, deep learning systems and data-driven business intelligence, which are grouped under the name “Breeze” at HubSpot.

The AI tool “Copilot”, which we use as part of the “Breeze” AI application, is a dialogue-based AI tool and is used to provide personalised insights and recommendations regarding leads, customers and engagements. Our requests to Copilot are made via so-called prompts. If a prompt contains personal data, these are processed. In order for AI tools and functions to generate relevant content, they receive access to user-generated content, objects and property data from our CRM system.

The prompts, generated content and usage metrics are logged and stored by HubSpot for product improvement purposes. The prompts are stored at our hosting location. In addition, HubSpot shares the prompts with the third-party provider OpenAI to enable the use of the tools. OpenAI in turn stores the prompts for content moderation purposes and to comply with legal obligations. However, they are not shared to train their models or improve their services. The data are deleted within 30 days in order to meet confidentiality and security requirements. OpenAI is listed as a sub-processor of HubSpot.

HubSpot, Inc. is a software company based in the USA (HubSpot, Inc. Two Canal Park, Cambridge, MA 02141, USA). Our contractual partner is HubSpot Germany GmbH, AmPostbahnhof 17, 10243 Berlin (VAT: DE312070441; https://legal.hubspot.com/de/impressum). This software provider acts on our behalf and may therefore also view (receive) your data to the necessary extent. A data processing agreement has been concluded with HubSpot. Only for the “Buyer Intent” application does HubSpot act as a joint controller with us (https://legal.hubspot.com/dpa).

Hosting takes place in data centres located in the United States (East). Where HubSpot transfers personal data to affiliated companies and sub-processors in countries outside the EU and EEA, additional safeguards are required to ensure a level of data protection comparable to the GDPR.

For the USA, an adequacy decision of the EU Commission pursuant to Article 45(1) GDPR exists for companies certified under the EU-U.S. Data Privacy Framework. HubSpot, Inc. is certified under the EU-U.S. Data Privacy Framework and is thus committed to complying with appropriate data protection standards, which can be viewed at: www.dataprivacyframework.gov/s/participant-search. For potential transfers to other third countries outside the EU and EEA for which no adequacy decision of the EU Commission exists, standard contractual clauses in accordance with Article 46(2)(c) GDPR are additionally agreed. These require the data recipient in the third country to process the data in accordance with the level of protection in Europe.

Further information on data protection at HubSpot is available at: https://legal.hubspot.com/de/privacy-policy

An overview of HubSpot’s policies, technologies and certifications can be found in the TrustCenter at: https://trust.hubspot.com/

An overview of the sub-processors used by HubSpot can be found at: https://legal.hubspot.com/sub-processors-page

An overview of the processing of data in the context of HubSpot’s AI applications can be found at: https://trust.hubspot.com/

13. Payment method: data protection provisions on the use of Stripe as a payment processor

On this website, the controller has integrated components of Stripe. Stripe is an online payment service provider. Payments are processed via so-called Stripe accounts, which represent virtual private or business accounts. Stripe is also able to process virtual payments via credit cards if a user does not have a Stripe account. A Stripe account is managed via an email address, which is why there are no classic account numbers. Stripe makes it possible to initiate online payments to third parties or to receive payments. Stripe also assumes trustee functions and offers buyer protection services.

The operating company of Stripe is Stripe Inc., USA.

If the data subject chooses “Stripe” as the payment option in the online shop during the ordering process, the data of the data subject are automatically transmitted to Stripe. By selecting this payment option, the data subject agrees to the transmission of the personal data required for the processing of the payment.

The personal data transmitted to Stripe are usually first name, surname, address, email address, IP address, telephone number, mobile phone number or other data necessary for payment processing. The processing of the purchase agreement also requires such personal data that are related to the respective order.

The transmission of the data is for the purpose of payment processing and fraud prevention. The controller will transmit personal data to Stripe in particular if there is a legitimate interest in the transmission. The personal data exchanged between Stripe and the controller for the purpose of data processing will be transmitted by Stripe to credit reference agencies. This transmission is for the purpose of identity and credit checks.

Stripe may pass on personal data to affiliated companies and service providers or subcontractors, as far as this is necessary for the fulfilment of contractual obligations or the data are to be processed on behalf.

The data subject has the possibility to revoke consent to the handling of personal data at any time from Stripe. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.

The applicable data protection provisions of Stripe may be retrieved under https://stripe.com/de/privacy.

14. Data protection provisions on the application and use of Google Meet

The following privacy policy informs you about the processing of your personal data which are collected in the context of a user conversation via video call. For these conversations we use the service Google Meet, a product of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The company responsible for Europe is: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

The protection of your personal data is very important to us. Processing is carried out in accordance with the applicable data protection regulations. The company is responsible for the collection, processing and use of your personal data within the meaning of the General Data Protection Regulation (GDPR).

The legal basis for the processing of your personal data is Article 6(1)(a) GDPR (consent).

The user or information conversation serves to better understand your experiences, usage habits and opinions in order to optimise the company and associated services. The conversation helps us gain qualitative insights through direct exchange.

Participation in the conversation is voluntary. All information is treated confidentially.

During the conversation via Google Meet, the following data may be collected and processed:

audio and video recordings of the conversation (only with consent);
your first name or a pseudonym;
the shared screen during the conversation (if applicable);
your feedback, comments and interactions in the conversation;
technical data (e.g. device or browser), if relevant for the analysis.

The conversation may be recorded for internal analysis and evaluation purposes. You will be informed in advance and asked for your explicit consent. If you do not wish a recording, participation without recording can be enabled or the recording can be completely omitted.

Your data will be stored securely and are only accessible to authorised team members of the company. The retention period is limited in accordance with legal requirements. Afterwards, the data are permanently deleted, unless there are statutory retention obligations.

Further information on data protection at Google can be found at https://policies.google.com/privacy.

15. Sending transactional emails with Postmark

We use the service Postmark, a service of AC PM, LLC, for sending transactional emails (e.g. for account creation, password reset and change of email address).

In particular, the following data are processed:

email address;
technical sending and delivery data.

Processing is based on Article 6(1)(b) GDPR (performance of a contract or pre-contractual measures), as these emails are necessary for the use of our platform. In addition, we have a legitimate interest pursuant to Article 6(1)(f) GDPR in reliable and secure sending of system-relevant notifications.

A data processing agreement pursuant to Article 28 GDPR has been concluded with the provider. Data may be transferred to the USA. This is based on the EU Commission’s standard contractual clauses (SCCs) and additional safeguards that ensure an adequate level of data protection.

The processed personal data are stored only as long as necessary for sending and delivering the respective transactional email and subsequently deleted, unless statutory retention obligations exist.

Additional safeguards include, in particular, appropriate technical and organisational measures such as transport encryption and access restrictions.

Further information on Postmark’s data protection can be found at: https://www.activecampaign.com/legal/privacy-policy

16. Use of the AI service OpenRouter

We use external AI services via the OpenRouter platform for certain automated evaluations and requests. As a rule, only general, content-neutral and non-personal data are processed (e.g. factual prompt requests without reference to users or companies). If, in exceptional cases, personal or company-related data are nevertheless transmitted, this is done on the basis of Article 6(1)(f) GDPR (legitimate interest in the use of the services to optimise our performance) or, where applicable, Article 6(1)(b) GDPR (performance of a contract), depending on the individual case.

For the processing of personal data, the respective AI services are used only as processors. We ensure that:

appropriate data processing agreements (DPAs) have been concluded with the providers;
data transfers to third countries (e.g. USA) are based on the EU Commission’s standard contractual clauses (SCCs);
an adequate level of data protection is ensured.

OpenRouter may use further sub-processors (e.g. providers of AI models) which may act as recipients or categories of recipients of personal data.

Personal data if processed in exceptional cases are processed only for the duration of the respective request and then deleted or anonymised, unless statutory retention obligations exist. Data subjects have the rights described in this privacy policy, in particular to access, rectification, erasure and objection.

Further information on data protection of the AI services used can be found at: https://openrouter.ai/privacy

17. Legal basis for the processing

Article 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfilment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the above-mentioned legal grounds, if the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator.

The legislator considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 sentence 2 GDPR).

18. The legitimate interests pursued by the controller or by a third party

Insofar as the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to carry out our business in favour of the well-being of all our employees and shareholders.

19. Period for which the personal data will be stored

The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data are routinely deleted, provided they are no longer necessary for the fulfilment of the contract or the initiation of a contract.

20. Provision of personal data as a statutory or contractual requirement; requirement necessary to enter into a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that the data subject provides us with personal data which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data are provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.