Following the example of art. 4 GDPR, this Privacy Policy is based on the following definitions:

• “Personal data” (art. 4 no. 1 GDPR) is all information which relates to an identified or identifiable natural person (“Data Subject”). A person is identifiable if they can be directly or indirectly identified, in particular by means of assignment to an identifier such as a name, an identification number, an online identifier, location data or with the help of information about their physical, physiological, genetic, psychological, economic, cultural or social identity characteristics. The identifiability can also be given by linking such information or other additional knowledge. The creation, form or embodiment of the information is irrelevant (photos, video or sound recordings can also contain personal data).

• “Processing” (art. 4 no. 2 GDPR) is any process in which personal data are handled, whether with or without the help of automated (i.e. technology-based) processes. This includes in particular the collection (i.e. the procurement), the recording, the organisation, the ordering, the storage, the adaptation or modification, the reading out, the querying, the use, the disclosure through transmission, the dissemination or other provision, the comparison, the linking, the restriction, the deletion or the destruction of personal data as well as the change of a target or purpose on which data processing was originally based.

• “Data Controller” (art. 4 no. 7 GDPR) is the natural or legal person, authority, institution or other body which, alone or jointly with others, decides on the purposes and means of processing personal data.

• “Third party” (art. 4 no. 10 GDPR) is any natural or legal person, authority, institution or other body apart from the Data Subject, the Data Controller, the Data Processor and the persons who, under the direct responsibility of the Data Controller or the Data Processor, are authorised to process the personal data; this also includes other corporate entities.

• “Data Processor” (art. 4 no. 8 GDPR) is a natural or legal person, authority, institution or other body which processes personal data on behalf of the Data Controller, in particular in accordance with his instructions (e.g. IT Service provider). In terms of data protection law, a Data Processor is in particular not a third party.

• “Consent” (art. 4 no. 11 GDPR) of the Data Subject refers to any voluntary, informed and unambiguous statement of will in the form of a declaration or other unequivocal affirmative action with which the Data Subject makes it understood that he agrees to the processing of personal data concerning him.

We are the controller for the processing of your personal data within the meaning of art. 4 no. 7 GDPR:

CRENEO GmbH
Kaiserswerther Straße 43, 40477 Düsseldorf, Germany
+49 211 544710 30
datenschutz@creneo.com

Managing director: Alexander Willuweit

For further information about our company, please refer to the imprint details on our website.

Our company data protection officer is available at all times to answer any questions you may have and to act as your contact person on the subject of data protection at our company. His contact details are:

CRENEO GmbH
-The Data Privacy Officer-
Kaiserswerther Straße 43, 40477 Düsseldorf, Germany
+49 211 544710 30
datenschutz@creneo.com

By law, in principle, any processing of personal data is prohibited and only permitted if the data processing falls under one of the following justifications:

• Art. 6 para. 1 sentence 1 lit. a DS-GVO (“Consent”): when the data subject has voluntarily, in an informed manner and unambiguously indicated, by means of a statement or other unambiguous affirmative act, that he or she consents to the processing of personal data concerning him or her for one or more specific purposes;

• Art. 6 para. 1 sentence 1 lit. b GDBR: If the processing is necessary for the performance of a contract to which the data subject is party, or for the performance of pre-contractual measures taken at the request of the data subject;

• Art. 6 para. 1 sentence 1 lit. c GDBR: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);

• Art. 6 para. 1 sentence 1 lit. d GDBR: When processing is necessary to protect the vital interests of the data subject or another natural person;

• Art. 6 para. 1 sentence 1 lit. e GDBR: Where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

• Art. 6 para. 1 sentence 1 lit. f GDBR: (“Legitimate Interests”): when processing is necessary to protect legitimate (in particular legal or economic) interests of the controller or a third party, unless such interests are overridden by the conflicting interests or rights of the data subject (in particular if the data subject is a minor).

• For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in Germany, subject to any transfer that may take place in accordance with the provisions in a.(7) and a.(8).

However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by legal regulations to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see under a.(3)).

As with any larger company, we also use external domestic and foreign service providers (e.g. for IT, logistics, telecommunications, sales and marketing) to handle our business transactions. They will only act on our instructions and have been contractually obligated to comply with the data protection provisions in accordance with art. 28 GDPR. If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

In the course of our business relationships, your personal data may be transferred or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer below at the relevant points.

Some third countries are certified by the European Commission through so-called adequacy decisions to have a level of data protection comparable to the EEA standard (a list of these countries and a copy of the adequacy decisions can be found here: ec.europa.eu). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is sufficiently guaranteed. This is possible via binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates, recognized codes of conduct or self-certification via the EU-US Privacy Shield (information on this can be found here: www.privacyshield.gov). Please contact our data protection officer (see under a.(3)) if you would like more information on this.

We do not intend to use any personal data collected from you for any automated decision making process (including profiling).

We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, you are not under any legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.

We may be subject to a specific legal or regulatory obligation to provide the lawfully processed personal data to third parties, in particular public bodies (art. 6 para. 1 sentence 1 lit. c GDPR).

You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of a.(2). You have the right as a data subject:

• in accordance with art. 15 GDPR to request information about your data processed by us. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;

• in accordance with art. 16 GDPR to demand the correction of incorrect or the completion of your data stored by us without delay;

• pursuant to art. 17 GDPR to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;

• to request the restriction of the processing of your data in accordance with art. 18 GDPR, insofar as the accuracy of the data is disputed by you or the processing is unlawful;

• pursuant to art. 20 GDPR to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller (“data portability”);

• object to the processing pursuant to art. 21 GDPR, provided that the processing is based on art. 6 para. 1 sentence 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;

• in accordance with art. 7 (3) GDPR, to revoke your consent given once (also before the applicability of the GDPR, i.e. before 25.5.2018) – i.e. your voluntary will, made understandable in an informed manner and unambiguously by a declaration or other unambiguous confirming act, that you agree to the processing of the personal data in question for one or more specific purposes – at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing, which was based on this consent, for the future and

• complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with art. 77 GDPR, such as the data protection supervisory authority responsible for us: State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia, P.O. Box 20 04 44, 40102 Düsseldorf, Tel.: +49 211 / 38424-0, e-mail: poststelle@ldi.nrw.de.

In the context of the further development of data protection law as well as technological or organizational changes, our data protection information is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of any changes in particular on our German website at [address of the company’s website]. This data protection notice is current as of June 2021.