Privacy Policy, 16 October, 2023

This Privacy Policy explains how PsycApps LTD, Health Foundry, 1 Royal Street, SE1 7LL London UK (“PsycApps”, “we” or “us”) collects, uses, and discloses information about you when you access or use our websites, mobile application, and other online products and services (collectively, the “Services”), and when you contact us, engage with us on social media, or otherwise interact with us.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and your choices.

In this Privacy Policy, we distinguish for reasons of compliance with special requirements and applicable laws between persons that reside in all countries (worldwide), individuals that are residing in California where CCPA is applicable, and data subjects residing within the UK, EU or EEA where DPA 2018 and GDPR are in force.

1. General Information (applicable worldwide)
2. Collection of Information

Cookies and Consent

You voluntarily consent to set or activate cookies and external connections by pressing the accept button.  By pressing this button, you also voluntarily give explicit consent according to Article 49 (1) (1) (a) GDPR for personalised advertising and for other data transfers to third countries to and by the companies mentioned in the Privacy Policy and purposes, in particular for such transfers to third countries for which an adequacy decision of the EU is absent and that involve significant risks and no appropriate safeguards for the protection of your data (e.g. because of Section 702 FISA, Executive Order EO12333 and the CloudAct in the USA). When giving voluntary and explicit consent, data protection may not exist in third countries, and the data subject’s rights may not be enforceable. You have the right to withdraw my data protection consent at any time, with effect for the future, by changing my cookie preferences or deleting cookies. Several consents are granted with a single action (pressing the approving button). These are under EU data protection law as well as those under CCPA/CPRA, ePrivacy and Telemedia law, and other international legislation, that are, among other things, necessary for storing and reading out information and are required as a legal basis for planned further processing of the data read out. You can refuse consent by clicking on the decline button or, if necessary, make individual settings. With your action, you also confirm that you have read and taken note of the Privacy Policy and the Transparency Document.

Information You Provide to Us

We collect information when you register for an account, participate in interactive features (Chatbot), fill out a form or a survey, participate in a contest or promotion, make a purchase, communicate with us via social media sites, request our support, or otherwise communicate with us. The information you may provide includes your name, email, password, goals, previous meditation experience, street address, payment method information, feedback and survey responses, and other information about you included within your messages to us. The App will also collect any health-related information that you provide. This will only be used in connection with providing feedback and we process that information consistent with the purpose for which it was provided.

When you use our Services, we collect the following information about you:

• Usage Information: Whenever you use our Services, we collect usage information, such as what screens or features you access, and other similar types of usage information.
• Transactional Information: When you make a purchase or return, we collect information about the transaction, price, subscription or free trial expiration date, and time and date of the transaction.
• Log Information: We collect standard log files when you use our Services, which include the type of web browser you use, app version, access times and dates, pages viewed, your IP address, and the page you visited before navigating to our websites.
• Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, device identifiers set by your device operating system, and mobile network information (like your connection type, carrier and region).
• Information we Generate: We generate some information about you based on other information we have collected. For example, like most platforms, we use your IP address to derive the approximate location of your device. We also use information about your activity to help determine the likelihood of you continuing to use our Services in the future.

Information Collected by Cookies and Similar Tracking Technologies: We use different technologies to collect information, including cookies and web beacons. Please see our Cookie Policy for more details.

We use the information we collect to:

• Provide, maintain and improve our Services, and develop new products and service.
• Process transactions and fulfil orders.
• Send you transactional or relationship messages, such as receipts, account notifications, customer service responses, and other administrative messages.
• Communicate with you about products, services, request feedback, and send news, gifts or other information we think will be of interest to you.
• Monitor and analyse trends, usage, and activities in connection with our Services.
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Calm and others. If you feel your transaction was declined in error, please contact us for assistance at support@psycapps.com
• Comply with the law, such as by processing transactional records for tax filings.
• Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards.

We share information about you as follows and as otherwise described in this Privacy Policy:

• With companies and contractors that perform services for us, including email service providers, payment processors, fraud prevention vendors and other service providers.
• In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
• If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of PsycApps LTD, eQuoo or others.
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.
• Between and among PsycApps LTD, eQuoo and our current and future owners, parents, affiliates, subsidiaries, and other companies under common control and ownership; and
• With your consent or at your direction. For instance, you may choose to share actions you take on our Services with third-party social media services via the integrated tools we provide via our Services.

We also share aggregated or other information not subject to obligations under the data protection laws of your jurisdiction with third parties. For example, we sometimes share aggregate information with research organisations to help facilitate their research.

1. Data Transfer

PsycApps LTD is based in the United Kingdom and processes information in the United Kingdom, the EU and the EEA (Europe).

1. Your Choices

Account Information

You may update certain account information you provide to us (such as your password, name and email address) by logging into the App. If you wish to disable the App you can do that within the game (eQuoo) itself, but note that we retain unidentifiable data when required or permitted by law. We also retain cached or archived copies of information about you for a certain period of time.

Promotional Communications

By installing our app and concluding the user contract, you commission us to send you information and promotional emails. You may opt out of receiving promotional emails by following the instructions in those emails or by logging the App. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Mobile Push Notifications/Alerts

With your consent, we send promotional and other push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

1. Information for California Residents (CCPA)

This section provides additional disclosures required by the California Consumer Privacy Act (or “CCPA”).

In the last 12 months, we collected the following categories of personal information: identifiers (such as name, contact information and device identifiers), internet or other electronic network activity information (such as browsing behaviour), approximate geolocation data, inferences (such as approximate location or product interests) and other personal information (such as payment method information, user credentials or health-related information). For more details about the personal information we collect, including the categories of sources, please see the “Collection of Information” section above. We collect this information for the business and commercial purposes described in the “Use of Information” section above. We share this information with the categories of third parties described in the “Sharing of Information” section above.

Subject to certain limitations and exceptions, the CCPA provides California consumers the right to request to know more details about the categories and specific pieces of personal information, to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

We do not “sell” the personal information we collect (and will not sell it in the future without providing a right to opt out).

California consumers may make a rights request by emailing us at support@psycapps.com. We will verify your request by asking you to provide information that matches information we have on file about you. Consumers can also designate an authorised agent to exercise these rights on their behalf, but we will require proof that the person is authorised to act on your behalf and may also still ask you to verify your identity with us directly.

Contact Us

If you have any questions about this Privacy Policy, please contact us at: support@psycapps.com

Information for UK, EU or EEA to comply with DPA 2018 and GDPR

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of PsycApps LTD. The use of the Internet pages of PsycApps LTD is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject. The following applies under GDPR and DPA 2018.

Our Transparency Document with all Privacy Rights and Information’s, for example to comply with Art. 13 and 14 GDPR and CCPA/CPRA, is available HERE.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to PsycApps LTD. By means of this data protection declaration, our enterprise would like to inform the General public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, PsycApps LTD has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of PsycApps LTD is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

1. 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 factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1. b) Data subject

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

1. 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.

1. d)    Restriction of processing

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

1. e)    Profiling

Profiling means any form of automated processing of personal data consisting of 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.

1. f)     Pseudonymisation

Pseudonymisation is 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 are not attributed to an identified or identifiable natural person.

1. 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.

1. h)    Processor

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

1. i)      Recipient

Recipient is 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 that data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

1. j)      Third party

Third party is 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.

1. 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.

Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

PsycApps LTD
Health Foundry, 1 Royal Street
SE1 7LL London
United Kingdom
Email: support@psycapps.com
Website: www.psycapps.com

3. Name and Address of the Data Protection Officer

The Data Protection Officer of the controller is:

Prof. Dr. h.c. Heiko Jonny Maniero
Phone: +49 (0) 8131-77987-0
Email: info@dg-datenschutz.de
Website: https://dg-datenschutz.de/

Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

4. Cookies

The Internet pages of PsycApps LTD use cookies. Cookies are text files that are stored in 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 pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, PsycApps LTD can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimised with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilise our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

5. Collection of general data and information

The website of PsycApps LTD collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (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 referrers), (4) the sub-websites, (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) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using this general data and information, PsycApps LTD does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. PsycApps LTD analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure 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.

6. Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by 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 his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address-assigned by the Internet service provider (ISP) and used by the data subject-date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offences. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

7. Subscription to our newsletters

On the website of PsycApps LTD, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

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

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by email, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be 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 shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

8. Newsletter-Tracking

The newsletter of PsycApps LTD 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 analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the PsycApps LTD 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 analysed by the controller in order to optimise the shipping of the newsletter, as well as to adapt the content of future newsletters even better 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 respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. PsycApps LTD automatically regards a withdrawal from the receipt of the newsletter as a revocation.

9. Contact possibility via the website

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

10. Comments function in the blog on the website

PsycApps LTD offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blog posts. Blog Posts may usually be commented by third parties.

If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties or posts illegal content through a given comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defence of the data controller.
 

11. Subscription to comments in the blog on the website

The comments made in the blog of PsycApps LTD may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.

If a data subject decides to subscribe to the option, the controller will send an automatic confirmation email to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favour of this option. The option to subscribe to comments may be terminated at any time.
 

12. Routine erasure and blocking of personal data

The data 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 to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
 

13. Rights of the data subject 1. a) Right of confirmation

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

1. 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) of the 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. Where this is the 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 avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

1. 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, at any time, contact any employee of the controller.

1. 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 to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must 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) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by PsycApps LTD, he or she may, at any time, contact any employee of the controller. An employee of PsycApps LTD 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) 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 PsycApps LTD will arrange the necessary measures in individual cases.

1. e) Right of 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) of the 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 PsycApps LTD, he or she may at any time contact any employee of the controller. The employee of the PsycApps LTD will arrange the restriction of the processing.

1. 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 was 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 point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the 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) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the PsycApps LTD.

1. 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 point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

PsycApps LTD 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 for the establishment, exercise or defence of legal claims.

If PsycApps LTD 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 applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to PsycApps LTD to the processing for direct marketing purposes, PsycApps LTD will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by PsycApps LTD for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the 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 PsycApps LTD. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

1. 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 is necessary for entering into, or the performance of, a contract between the data subject and a data 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 data controller, or (2) it is based on the data subject’s explicit consent, PsycApps LTD 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 contest the decision.

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

1. 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, at any time, contact any employee of PsycApps LTD.

14. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Another legitimate interest in this relation is, e.g., a burden of proof in a procedure under the General Equal Treatment Act (AGG).
 

15. Data protection provisions about the application and use of Facebook

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

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

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the 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-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download 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 subsite 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 subsite of our Internet page 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, e.g. 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 their 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.
 

16. Data protection provisions about the application and use of Google AdSense

On this website, the controller has integrated Google AdSense. Google AdSense is an online service which allows the placement of advertising on third-party sites. Google AdSense is based on an algorithm that selects advertisements displayed on third-party sites to match with the content of the respective third-party site. Google AdSense allows an interest-based targeting of the Internet user, which is implemented by means of generating individual user profiles.

The operating company of Google’s AdSense component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The purpose of Google’s AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Alphabet Inc. is enabled to analyse the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google AdSense component is integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google AdSense component for the purpose of online advertising and the settlement of commissions to Alphabet Inc. During the course of this technical procedure, the enterprise Alphabet Inc. gains knowledge of personal data, such as the IP address of the data subject, which serves Alphabet Inc., inter alia, to understand the origin of visitors and clicks and subsequently create commission settlements.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Alphabet Inc. from setting a cookie on the information technology system of the data subject. Additionally, cookies already in use by Alphabet Inc. may be deleted at any time via a web browser or other software programs.

Furthermore, Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in web pages to enable a log file recording and a log file analysis through which a statistical analysis may be performed. Based on the embedded tracking pixels, Alphabet Inc. is able to determine if and when a website was opened by a data subject, and which links were clicked on by the data subject. Tracking pixels serve, inter alia, to analyse the flow of visitors on a website.

Through Google AdSense, personal data and information-which also includes the IP address, and is necessary for the collection and accounting of the displayed advertisements-is transmitted to Alphabet Inc. in the United States of America. These personal data will be stored and processed in the United States of America. The Alphabet Inc. may disclose the collected personal data through this technical procedure to third parties.

Google AdSense is further explained under the following link https://www.google.com/intl/en/adsense/start/.
 

17. Data protection provisions about the application and use of Google Remarketing

On this website, the controller has integrated Google Remarketing services. Google Remarketing is a feature of Google AdWords, which allows an enterprise to display advertising to Internet users who have previously resided on the enterprise’s Internet site. The integration of Google Remarketing therefore allows an enterprise to create user-based advertising and thus shows relevant advertisements to interested Internet users.

The operating company of the Google Remarketing services is the Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The purpose of Google Remarketing is the insertion of interest-relevant advertising. Google Remarketing allows us to display ads on the Google network or on other websites, which are based on individual needs and matched to the interests of Internet users.

Google Remarketing sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google enables a recognition of the visitor of our website if he calls up consecutive web pages, which are also members of the Google advertising network. With each call-up to an Internet site on which the service has been integrated by Google Remarketing, the web browser of the data subject identifies automatically with Google. During the course of this technical procedure, Google receives personal information, such as the IP address or the surfing behaviour of the user, which Google uses, inter alia, for the insertion of interest relevant advertising.

The cookie is used to store personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to the interest-based advertising by Google. For this purpose, the data subject must call up the link to www.google.de/settings/ads and make the desired settings on each Internet browser used by the data subject.

Further information and the actual data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
 

18. Data protection provisions about the application and use of Google-AdWords

On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results is only then displayed, when the user utilises the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.

The operating company of Google AdWords is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.

If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or cancelled a sale of goods.

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimise our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.

The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.

The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
 

19. Data protection provisions about the application and use of Instagram

On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audio-visual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.

The operating company of the services offered by Instagram 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 site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes 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 Instagram, Instagram 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 page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.

Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.

Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

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20. Data protection provisions about the application and use of LinkedIn

The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge 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 page 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 on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.

LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button 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 their LinkedIn account before a call-up to our website is made.

LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.
 

21. Data protection provisions about the application and use of Pinterest

On this website, the controller has integrated components of Pinterest Inc. Pinterest is a so-called social network. A social network is an Internet social meeting place, an online community that allows users to communicate and interact with each other in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or allow the Internet community to provide personal or company-related information. Pinterest enables the users of the social network to publish, inter alia, picture collections and individual pictures as well as descriptions on virtual pinboards (so-called pins), which can then be shared by other user’s (so-called re-pins) or commented on.

The operating company of Pinterest is Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Pinterest component (Pinterest plug-in) was integrated, the Internet browser on the information technology system of the data subject automatically prompts to download through the respective Pinterest component a display of the corresponding Pinterest component. Further information on Pinterest is available under https://pinterest.com/. During the course of this technical procedure, Pinterest gains knowledge of what specific sub-page of our website is visited by the data subject.

If the data subject is logged in at the same time on Pinterest, Pinterest 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 page was visited by the data subject. This information is collected through the Pinterest component and associated with the respective Pinterest account of the data subject. If the data subject clicks on one of the Pinterest buttons, integrated on our website, then Pinterest assigns this information to the personal Pinterest user account of the data subject and stores the personal data.

Pinterest receives information via the Pinterest component that the data subject has visited our website, provided that the data subject is logged in at Pinterest at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Pinterest component or not. If such a transmission of information to Pinterest is not desirable for the data subject, then he or she may prevent this by logging off from their Pinterest account before a call-up to our website is made.

The data protection guideline published by Pinterest, which is available under https://about.pinterest.com/privacy-policy, provides information on the collection, processing and use of personal data by Pinterest.
 

22. Data protection provisions about the application and use of Tumblr

On this website, the controller has integrated components of Tumblr. Tumblr is a platform that allows users to create and run a blog. A blog is a web-based, generally publicly-accessible portal on which one or more people called bloggers or web bloggers may post articles or write down thoughts in so-called blog posts. For example, in a Tumblr blog the user can publish text, images, links, and videos, and spread them in the digital space. Furthermore, Tumblr users may import content from other websites into their own blog.

The operating company of Tumblr is Oath (EMEA) Limited, 5-7 Point Square, North Wall Quay, Dublin 1, Ireland.

Through each call to one of the individual pages of this Internet site, which is operated by the controller and on which a Tumblr component (Tumblr button) has been integrated, the Internet browser on the information technology system of the data subject causes automatically the download of a display of the corresponding Tumblr component of Tumblr. Learn more about the Tumblr-buttons that are available under https://www.tumblr.com/buttons. During the course of this technical procedure, Tumblr becomes aware of what concrete sub-page of our website was visited by the data subject. The purpose of the integration of the Tumblr component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and to increase our visitor numbers.

If the data subject is logged in at Tumblr, Tumblr 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 page was visited by the data subject. This information is collected through the Tumblr component and associated with the respective Tumblr account of the data subject. If the data subject clicks on one of the Tumblr buttons, integrated on our website, then Tumblr assigns this information to the personal Tumblr user account of the data subject and stores the personal data.

Tumblr receives information via the Tumblr component that the data subject has visited our website, provided that the data subject is logged in at Tumblr at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Tumblr component or not. If such a transfer of information to Tumblr is not desirable for the data subject, then he or she may prevent this by logging off from their Tumblr account before a call-up to our website is made.

The applicable data protection provisions of Tumblr may be accessed under https://www.tumblr.com/policy/en/privacy.
 

23. Data protection provisions about the application and use of Twitter

On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 280 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter International Company, One Cumberland Place, Fenian Street Dublin 2, D02 AX07, Ireland.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter 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 page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.

The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy
 

24. Data protection provisions about the application and use of YouTube

On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips and other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users via the Internet portal.

The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this occurs regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before a call-up to our website is made.

YouTube’s data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.
 

25. Legal basis for the processing

Art. 6(1) lit. 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) lit. 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. Is our company 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 Art. 6(1) lit. 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 name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if 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. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

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

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

27. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfilment of the contract or the initiation of a contract.
 

28. Provision of personal data as 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 clarify 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 to conclude 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 is 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.

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29. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

30. General Terms and Conditions for Data Protection

Our Terms and Conditions for Data Protection, which include, among other things, all five versions of the EU Standard Contractual Clauses, the UK International Data Transfer Agreement, the UK Addendum to the EU Standard Contractual Clauses, a Data Processing Agreement governed by UK law, a CCPA-CPRA Contractor Agreement and a Data Protection and Confidentiality Agreement for suppliers, will automatically form part of all agreements entered into with us. By entering into any other agreement with us, you automatically agree to the respective terms. In detail: 

1. EU Standard Contractual Clauses 2021/915 between Controller and Processor:

If you are an EU/EEA-based vendor of ours that processes personal data on our behalf, by conducting business for or with us, you automatically consent to the applicability of our published Standard Contractual Clauses 2021/915. If we are your processor, the Standard Contractual Clauses 2021/915 published by us will also automatically apply between you and us.

2. EU Standard Contractual Clauses 2021/914 MODULE ONE: Transfer Controller to Controller:

To the extent that you are a vendor of ours located in a third country and receive personal data (protected by the GDPR, Member State law or European Economic Area law) from us as a Controller and act as a Controller, by conducting business for or with us, you automatically consent to the applicability of the published Standard Contractual Clauses 2021/914 Module One. The same applies if you act as a Controller and transfer personal data to us as a Controller.

3. EU Standard Contractual Clauses 2021/914 MODULE TWO: Transfer Controller to Processor:

To the extent that you are a vendor of ours located in a third country and receive personal data (protected by the GDPR, Member State law or European Economic Area law) from us as a Controller and act as a Processor, by conducting business for or with us, you automatically consent to the applicability of the published Standard Contractual Clauses 2021/914 Module Two. The same applies if you act as a Controller and transfer personal data to us as a Processor.

4. EU Standard Contractual Clauses 2021/914 MODULE THREE: Transfer Processor to Processor:

To the extent that you are a vendor of ours and we are acting as a Processor (e.g., for a subsidiary or a third party), you are located in a third country and receive international data transfers of personal data (protected by the GDPR, Member State law or European Economic Area law), and you are therefore a (Sub)Processor, by conducting business for or with us, you automatically consent to the applicability of the published Standard Contractual Clauses 2021/914 Module Three. The same applies if you act as a Processor and transfer personal data to us as a (Sub)Processor.

5. EU Standard Contractual Clauses 2021/914 MODULE FOUR: Transfer Processor to Controller:

To the extent that you are a vendor of ours and we are acting as a Processor (e.g., for a subsidiary or a third party), you are located in a third country and receive international data transfers of personal data (protected by the GDPR, Member State law or European Economic Area law), and you are a Controller, by conducting business for or with us, you automatically consent to the applicability of the published Standard Contractual Clauses 2021/914 Module Four. The same applies if you act as a Processor and transfer personal data to us as a Controller.

6. Confidentiality and Data Protection Agreement for Vendors:

If you are a vendor of ours that is not a processor, or if you receive other and non-personal data from us, by conducting business for or with us, you automatically consent to the applicability of the published Confidentiality and Data Protection Agreement for Vendors.

7. Confidentiality and Data Protection Agreement for Customers:

If you are a customer of ours and data is exchanged between us, we may separately agree to the published Confidentiality and Data Protection Agreement for Customers by a concurring statement. This Confidentiality Agreement shall only become effective upon a separate declaration of intent by the parties.

8. International Data Transfer Agreement (United Kingdom)

To the extent that you are a party to an agreement with us, and personal data transferred by us to you belongs to individuals who are from the United Kingdom or we are based in the United Kingdom, and you yourself are based outside the United Kingdom and receive personal data (protected by the UK GDPR or UK law) from us, by conducting or transacting business for or with us, you automatically consent to the applicability of the published “International Data Transfer Agreement”.

9. International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses for International Data Transfers (United Kingdom)

To the extent that you are a party to an agreement with us, and personal data we transfer to you belongs to individuals who are based in the UK or where we are based in the UK and you yourself are based outside the UK and receive personal data (which is protected by the UK GDPR or UK law) from us, by carrying out or transacting business for or with us, you automatically consent to the applicability of the published ” International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses for International Data Transfers”.

10. Data Processing Agreement for the United Kingdom

To the extent that you are a party to an agreement with us, and both we and you have our registered office in the United Kingdom, and you process personal data (which is protected by the UK GDPR or UK law) on our behalf, you automatically agree to the applicability of the published “Data Processing Agreement for the United Kingdom” by executing or conducting business for or with us. The same applies if you act as a Controller and transfer personal data to us as a Processor.

11. CCPA-CPRA CONTRACTOR AGREEMENT for California

To the extent that you are a contractor of ours, and we or you have a place of business in California, or employ or engage employees, service providers, processors, or other persons from California, and if the Contractor processes consumer data protected by CCPA-CPRA or California law as part of the relationship, you automatically enter into the CCPA-CPRA CONTRACTOR AGREEMENT published by us with us by each execution or handling of business, either as a Business or as a Contractor.

A list of our sub-processors must be requested separately from us.