Information on the information obligations under Art. 13, 14 GDPR regarding the processing of your personal data, which we have received either directly from you (Art. 13 GDPR) or via third parties (Art. 14 GDPR), in our organisation.
Controller: Whistle Safe e.K.
Owner: Lin Henry Qiu
Zoppoter Straße 9
14199 Berlin, Germany
Phone: +49 (0) 30 89750169
Email (Please tap / click)
Commercial registry: HRA 59160 B
Registry court: Amtsgericht Berlin-Charlottenburg
Data Protection Officer
As we are not subject to the statutory appointment obligation, we have not appointed a data protection officer.
Data Usage
We regularly use the following data from you
– First name and surname
– Your address
– Telephone numbers landline / mobile / fax
– E-mail address
– Reason for your enquiry
We use the data for the following purposes
– Contract initiation/ fulfilment pursuant to Art. 6 para. 1 b GDPR
– Fulfilment of legal obligations pursuant to Art. 6 para. 1 c GDPR
– Information / advertising exclusively for own purposes in accordance with Art. 6 para. 1 f GDPR
– Protection of legitimate interests in accordance with Art. 6 para. 1 f GDPR
Those being especially
– Answering enquiries
– Preparation of quotations
– Provision of our consulting and support services commissioned by you
– Organising online seminars
– Sending customer information such as newsletters
– Processing data subject rights vis-à-vis data subjects of our customers or our own organisation
– Purchasing / management / administration
– Co-operations
– Maintaining business relationships
We pass on your data (only if necessary) to the following recipients or categories of recipients (within the framework of order processing checked and agreed in accordance with Art. 28, 32 GDPR, if required)
– Email and file hosting
– Bookkeeping
– Video conferencing
– Tax consultant
We use cloud services exclusively in German or European data centres. It goes without saying that we do not transfer your data to a third country.
The planned retention period of your data
Direct deletion when the purpose of use no longer applies, unless compliance with statutory retention periods must be taken into account. In the case of statutory archiving obligations, the deletion takes place after their expiry (6 years, according to § 257 para. 1 HGB, 10 years, according to § 147 para. 1 AO). In the case of data disclosed to us by the client as part of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order, provided there is no retention period to the contrary.
Furthermore, we store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We store this company-related and non-personal data permanently to a reasonable extent.
Collection of your personal data
We usually receive your data directly from you. There may be exceptions to this if your employer transmits your personal data to us for the purpose of executing an order when commissioning our services.
We do not research or collect any personal data ourselves, e.g. on the Internet. Your rights as a data subject
Your rights in accordance with the GDPR
If your personal data is processed, you have the right to information about the personal data stored about you (Art. 15 GDPR).
If incorrect personal data is processed, you have the right to rectification (Art. 16 GDPR).
If the legal requirements are met, you can request the erasure or restriction of processing and object to processing (Art. 17, 18 and 21 GDPR).
If you have consented to the data processing or a contract for data processing exists and the data processing is carried out using automated procedures, you may have a right to data portability (Art. 20 GDPR).
If you make use of your above-mentioned rights, we will check whether the legal requirements for this are met.
You also have the right to lodge a complaint with the supervisory authority responsible for our organisation:
Data Protection Authority Berlin
Friedrichstraße 219
10969 Berlin
Phone: +49 (0) 30 13889-0
Fax: +49 (0) 30 2155050
Email: mailbox (at) datenschutz-berlin.de
Data protection information (aka ‘privacy policy’) on the type, scope and purpose of the processing of personal data (hereinafter referred to as ‘data’) in the context of our online offering and the websites, functions and content associated with it, as well as external online presences, such as our social media profile (hereinafter collectively referred to as ‘online offering’). With regard to the terms used, such as ‘processing’ or ‘controller’, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Controller
Whistle Safe e.K.
Owner: Lin Henry Qiu
Zoppoter Straße 9
14199 Berlin, Germany
Phone: 0049 (0) 30 89750169
Email (Please tap / click)
Commercial registry: HRA 59160 B
Registry court: Berlin-Charlottenburg
DPO and Supervisory Authority
We are not subject to the legal obligation to appoint a data protection officer.
The data protection supervisory authority responsible for us:
Data Protection Authority Berlin
Friedrichstraße 219,
10969 Berlin, Germany
Phone: +49 (0) 30 13889-0
Fax: +49 (0) 30 2155050
Email: mailbox (at) datenschutz-berlin.de
Types of Personal Data processed
Categories of Data Subjects
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).
Purposes of Processing
Terms
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers practically any handling of data.
“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 are not attributed to an identified or identifiable natural person;
“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;
“Controller” means 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.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
Legal Bases
In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in this data protection information, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 a and Art. 7 GDPR, the legal basis for processing to fulfil our services and implement contractual measures and respond to enquiries is Art. 6 para. 1 b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 d GDPR serves as the legal basis.
Security Safeguards
We take appropriate technical and organisational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, in order to ensure a level of security appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, disclosure, safeguarding of availability and separation of the data. Furthermore, we have established procedures that guarantee the exercise of data subject rights, the deletion of data and the response to data threats. Furthermore, we take the protection of personal data into account as early as the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
Data Processors and Third Parties
If we disclose data to other persons and companies (processors or third parties) as part of our processing, transfer it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the fulfilment of the contract in accordance with Art. 6 para. 1 b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
Third Country Transfers
If we process data in a third country (i.e. outside the European Union, EU, or the European Economic Area, EEA) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual authorisations, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to the EU (e.g. through adequacy decisions such as those available for Switzerland and Canada, among others) or compliance with officially recognised special contractual obligations (standard contractual clauses).
Data subjects´ Rights
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 GDPR, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with Art. 18 GDPR.
You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request its transfer to other controllers.
In accordance with Art. 77 GDPR, you also have the right to lodge a complaint with the above-mentioned competent supervisory authority.
Right to Withdraw Consent
You have the right to withdraw your consent in accordance with Art. 7 (3) GDPR with effect for the future.
Right to Object
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.
Cookies and Right to Object to Direct Advertising
We do not use cookies on our website.
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes their browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if the user visits the website after several days. The interests of users can also be stored in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website https://www.aboutads.info/choices/ or the EU website https://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that you may then not be able to use all the functions of the online offers you visit. This has no effect on your visit to and use of our website. We do not use cookies.
Deletion of Data
The data processed by us will be deleted or its processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this data protection notice, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
According to legal requirements in Germany, data is stored in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).
Hosting
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offering.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).
Collection of Access Data and Logfiles
We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 para. 1 f GDPR. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. to investigate misuse or fraud) for a maximum of 60 days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.
Analysis using Koko Analytics
We use the Koko Analytics plugin on this website. This plugin does not set any cookies. If (sub)pages of our website are accessed, the following data is stored: the subpage accessed and the time of access, the page from which the user accessed our website, the pages accessed from the subpage accessed. The IP address associated with your visit is deliberately not recorded by Koko Analytics.
The data collected is immediately anonymised and stored on our own server. It is explicitly not passed on to third parties.
The legal basis on which we process personal data using Koko Analytics is Art. 6 para. 1 f GDPR.
We need the data to analyse the surfing behaviour of users and to obtain information about the use of the content of this website. This enables us to constantly optimise the website and its user-friendliness. These purposes constitute our legitimate interest in accordance with Art. 6 para. 1 f GDPR. By anonymising the IP address, we take account of the user’s interest in the protection of personal data. The data is never used to personally identify the user of the website and is not merged with other data.
Of course, we respect the Do-Not-Track (DNT) specification of your browser, if activated by you.
Contact
When contacting us (e.g. by contact form, email, telephone or via social media), the user’s details are processed to process the contact enquiry and its handling in accordance with Art. 6 para. 1 b GDPR.
We delete the enquiries if they are no longer required. We review the necessity every two years; the statutory archiving obligations also apply.
Comments and Posts
If users leave comments or other contributions, their IP addresses may be stored for 60 days on the basis of our legitimate interests within the meaning of Art. 6 para. 1 f GDPR. This is done for our security in case someone leaves illegal content in comments and posts (insults, hate speech, advertising, etc.). In this case, we ourselves may be prosecuted for the comment or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right to process user data for the purpose of spam detection on the basis of our legitimate interests in accordance with Art. 6 para. 1 f GDPR.
The data provided in the context of comments and contributions will be stored by us permanently until the user objects.
Comment subscriptions
The follow-up comments can be subscribed to by users with their consent in accordance with Art. 6 para. 1 a GDPR. Users will receive a confirmation email to verify that they are the owner of the email address entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on the cancellation options. For the purposes of proving the user’s consent, we store the user’s registration details and IP address and delete this information when users unsubscribe.
You can cancel your subscription to our newsletter at any time, i.e. revoke your consent. We may store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.
Newsletter
Information about the registration, dispatch and statistical evaluation procedure as well as your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Content of the newsletter: We only send newsletters, emails and other electronic notifications with advertising information (hereinafter “newsletter”) with the consent of the recipient or with legal authorisation. If the content of the newsletter is specifically described when registering for the newsletter, it is decisive for the user’s consent. Otherwise, our newsletters contain information about our services and us.
Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registering, you will receive an email asking you to confirm your registration. This confirmation is necessary so that no-one can register with other people’s e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation as well as the IP address. Changes to your data stored by the mailing service provider are also logged.
Registration data: To subscribe to the newsletter, it is sufficient to provide your email address.
The newsletter and the performance measurement associated with it are sent on the basis of the recipient’s consent in accordance with Art. 6 para. 1 a, Art. 7 GDPR in conjunction with Section 7 para. 2 no. 3 UWG or on the basis of the legal authorisation in accordance with Section 7 para. 3 UWG.
The logging of the registration process is based on our legitimate interests in accordance with Art. 6 para. 1 f GDPR. We are interested in using a user-friendly and secure newsletter system that serves both our business interests and the expectations of users and also allows us to provide proof of consent.
Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for erasure is possible at any time, provided that the former existence of consent is confirmed at the same time. We do not use a service provider to register for and send newsletters.
Newsletter – Measuring
We do not analyse the reach of our newsletter.
Online Profiles at Social Media
We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our privacy policy, we process users’ data if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
Integration of Third-Party Services and Content
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 f GDPR), we use content or service offers from third-party providers within our online offer in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of this content recognise the IP address of the user, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content.
© 2024 Whistle Safe e.K.