Privacy Policy

Für Deutsch siehe https://elbwire.com/app-datenschutzerklarung/

 

Privacy policy according to Art. 13, 21 GDPR as well as § 25 German Telemedia-Telecommunications-Data Privacy Act (TTDSG) for the contents and functions elbwire (hereinafter „Services“)

 

Date: June 2024

 

1. General

 

The protection of your personal data and your privacy is extremely important to us. Therefore, we would like to offer you comprehensive transparency regarding the processing of your personal data (GDPR) as well as regarding the storage of information on your end device or regarding the access to information (TTDSG). Because only if the processing of personal data and information is comprehensible for you as a data subject, you are sufficiently informed about the scope, purposes and benefits of the processing.

 

Controller within the meaning of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and other data protection regulations is the


elbwire GmbH

Eifflerstraße 43

c/o Betahaus

22769 Hamburg

Germany

E-Mail: mail-us@elbwire.com
Tel: +49(0)1520-9218738


Also referred to as „Controller” or “Us

 

2. General information on data processing

 

2.1 Personal Data

Personal data is individual information about personal or factual circumstances of an identified or identifiable natural person.

 

Individual details about personal or factual circumstances are, for example:

 

·       Name, age, marital status, date of birth

·       Address, telephone number, e-mail address

·       Account number, credit card number

·       IP address & location data

 

2.2 This is the way we process personal data

We process personal data within the legally permissible limits. This means that data processing operations are based on a legal basis. These are standardized in Art. 6 para. 1 GDPR. Most data processing is based on a legitimate interest on our part (Art. 6 para. 1 lit. f GDPR), on processing operations necessary for the performance of the contract (Art. 6 para. 1 (lit. b GDPR) or on the basis of consent given by you (Art. 6 para. 1 lit. a GDPR). In the latter case, you will be informed separately (e.g. via a cookie banner) about the consent process.

Personal data is processed by us only for clear purposes (Art. 5 para. 1 lit. b GDPR). As soon as the purpose of the processing ceases to apply, your personal data will be deleted or protected by technical as well as organizational measures (e.g. by pseudonymization).

The same applies to the expiry of a prescribed storage period, subject to cases in which further storage is necessary for the conclusion or fulfillment of a contract. In addition, there may be a legal obligation to store data for a longer period or to pass it on to third parties (esp. to law enforcement agencies). In other cases, the storage period and type of data collected as well as the type of data processing depends on which functions you use in the individual case. We will be happy to provide you with information about this in individual cases, in accordance with Art. 15 GDPR.

 

2.3 We process these categories

Data categories are in particular the following data:

·       Master data (e.g. names, addresses, dates of birth),

·       Contact data (e.g. e-mail addresses, telephone numbers, messenger Services),

·       Content data (e.g. text entries, photographs, videos, contents of documents/files),

·       Contract data (e.g., subject matter of contract, terms, customer category),

·       Payment data (e.g. bank details, payment history, use of other payment Service providers),

·       Usage data (e.g. history in our Services, use of certain content, access times),

·       Connection data (e.g. device information, IP addresses, URL referrers).

 

2.4 These are the security measures we meet

In accordance with legal requirements and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to your rights and freedoms, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.

In particular, the measures include ensuring that your data is stored and processed confidentially, with integrity and available at all times. Furthermore, the security measures we implement include controls on access to your data as well as access, input, disclosure, ensuring availability and their separation from data of other natural persons. Furthermore, we have established procedures to ensure the exercise of data subject rights (see under Section 5), the deletion of data and responses in the event of a risk to your data. Furthermore, we already consider the protection of personal data during the development of our software as well as through procedures that comply with the principle of data protection through technology design and through data protection-friendly default settings.

 

2.5 This is how we transfer personal data

In the course of our processing activities of your personal data, it may happen that this data is transferred or disclosed to other bodies, companies, legally independent organizational units or persons. These third parties may include, for example, payment institutions in the context of payment transactions, Service providers entrusted with IT tasks or providers of Services and content that we have integrated into our website. If we transfer or disclose your personal data to third parties, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.

 

2.6 This is how a third country transfer takes place

If this privacy policy indicates that we transfer your personal data to a third country, i.e. a country outside the EU or outside the EEA, the following applies.

If we process your data in a third country or if the processing takes place in a third country as part of the use of third-party Services, this will only take place in accordance with the legal requirements.

Furthermore, a third country transfer usually only takes place with your express consent. Whether or not such consent is given, we ensure that we have contractual or legal authorization to transfer and process your data in the third country in question. Furthermore, we only allow your data to be processed by Service providers in third countries that, in our view, have a recognized level of data protection. This means that a corresponding adequacy decision exists between the EU and the country in which we transfer your personal data, for example. An “adequacy decision” is a decision adopted by the European Commission under Article 45 of the GDPR that determines that a third country (i.e., a country that is not bound by the GDPR) or an international organization provides an adequate level of protection for personal data. Alternatively, e.g. if there is no adequacy decision, a third country transfer will only take place if, for example, contractual obligations exist between us and the Service provider in the third country through so-called standard contractual clauses of the EU Commission and further technical security precautions have been taken that ensure an adequately equivalent level of protection to that in the EU or the Service provider in the third country can provide data protection certifications and your data is only processed in accordance with internal data protection regulations (Articles 44 to 49 GDPR. Information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

 

As part of the so-called “Data Privacy Framework” (“DPF”), the EU Commission has recognized the level of data protection for certain companies from the USA as secure within the framework of the adequacy decision of 10.07.2023. A list of certified companies and further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/. As part of this privacy policy, we will inform you which services we use are certified under the Data Privacy Framework.

 

2.7 Information about the cookies used (Cookies are here synonymous with other tracking mechanisms such as tokens, beacons, etc.).

Cookies are small text files that contain data from visited websites or domains and are stored on your device (computer, tablet or smartphone). If you access a service, the cookie stored on your device sends information to the party that placed the cookie.

 

2.7.1 First-party cookies and third-party cookies.

Our Services may set third-party cookies and allow third parties to place cookies on your device. The difference between a first party cookie and a third party cookie is the control over the placement of the cookie. First party cookies are cookies that are specific to the Services that created them. Their use allows us to provide an efficient Service and to evaluate your user behavior in our Services. Third-party cookies are placed on your device by third parties (i.e., not by us). Although we may allow third parties to access our Services to place cookies on your devices, we do not control the information provided by the cookies nor do we have access to this data. This information is processed entirely by the third parties in accordance with their respective privacy policies and, where applicable, any processing contracts entered into between us and the third parties under Article 28 GDPR or shared responsibility contracts under Article 26 GDPR.

 

2.7.2 Storage period of cookies

Unless we provide you with explicit information about the storage period of cookies (e.g., within the cookie banner), you can assume that the storage period can be up to two years. If cookies were set on the basis of your consent, you have the option at any time to revoke any consent you have given or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”).

 

3. data processing in connection with the use of our Services.

The use of our Services with all their functions involves the processing of personal data. We explain exactly how this is done here.

 

3.1 Informational use of our Services

The purely informational use of our Services requires the processing of the following personal data and information: Browser type and browser version, operating system used, address of previously visited websites, address of the terminal device with which you access our Services (IP address), and the time of the call to our Services. All this information is automatically transmitted by your browser if you have not configured it in such a way that transmission of the information is suppressed.

This personal data is processed for the purpose of the functionality and optimization of our Services, as well as to ensure the security of our information technology systems. These purposes are at the same time legitimate interests according to Art. 6 para. 1 lit. f GDPR, the processing is thus carried out with legal grounds.

 

3.2 Use after registration

In addition to the purely informational use of our services, you have the option of registering for our services and using our entire offering. Our services enable you and your users to select various services and access the content contained therein.

This use of our Services may require the processing of personal data and information in the manner described in this Section 3.

Some processing steps may also be carried out by third-party providers. Data processing by third-party providers is carried out in accordance with the conditions of the relevant data protection declarations. In the case of data processing with third-party providers, this may constitute commissioned processing within the meaning of Art. 28 GDPR. This is subject to strict legal requirements, which we comply with as part of our contractual agreements with our processors.

Use during or after registration and login and the associated data processing operations may differ from purely informational use. The collection of this data associated with your profile is carried out for the purpose of verifying your status and the associated fulfillment of our contractual obligations to you. These are legitimate purposes in accordance with Art. 6 para. 1 lit. b GDPR. If your consent is required for the processing procedure, we will obtain this at the appropriate point (e.g. via the opt-in option in a cookie banner when using our service for the first time). If you have any further questions, please do not hesitate to contact us in accordance with your right to information pursuant to Art. 15 para. 1 GDPR.

 

3.3 Contact form / contacting us by e-mail

We process your personal data that you provide to us when you contact us for the purpose of responding to your inquiry, your email or your callback request. The processed data categories are master data, contact data, content data, possibly usage data, connection data and possibly contract data. In individual cases, we forward this data to companies affiliated with us or third parties that we commission to process orders. The legal basis for the processing depends on the purpose of the contact. With your request in the contact form or by contacting us by e-mail, you declare that you would like answers or information on certain topics. You also leave your data for this purpose. We answer your request as requested and process your data for this purpose. Therefore, the authorization to process your data is based on Art. 6 para. 1 lit. b GDPR, as we process it to answer your request and thus to fulfill the contract for this purpose.

 

3.4 AI Services

 

The use of AI services is associated with certain risks:

 

Since the AI services we integrate are US-based companies, it can be assumed that data is transferred to the USA or possibly also to insecure third countries. Precise information about the location of their servers is not made public. The AI services may remove or anonymize personal data contained in requests before they are used to improve the model. This information is not verifiable. There is always some risk that personal data may be collected and processed by the AI Services in an unintended way that is not covered by this Privacy Policy.

 

3.4.1 Microsoft Azure

We use the server services and AI services of Microsoft Azure in our services. The recipient of the data is Microsoft Deutschland GmbH, Walter-Gropius-Strasse 5, 80807 Munich. The processed data categories are master data, contact data, content data, possibly usage data, connection data and possibly contract data. If Microsoft transfers this data to a third country (e.g. the USA), this is done on the basis of an order processing contract concluded with Microsoft and in accordance with standard contractual clauses agreed with Microsoft and other security measures permitted by the GDPR, which guarantee the security of the processing of your personal data with a level of protection identical to that in the EU, in particular on the basis of the EU-US Data Privacy Framework (DPF). In this respect, Microsoft Azure offers us the opportunity to offer state-of-the-art quality in the first place with its services and their integration into our services. With Microsoft Azure, we can provide you with an intelligent system as part of the data processing for the provision of our main services, which processes all interactions in our services, in which Microsoft Azure is integrated, in the most efficient and useful way for you. The purpose of this data processing is to provide such an advanced system that enables us to always provide you with the best possible services. Your personal data is only processed to a very limited extent. Where possible, particularly sensitive personal data is not required at all. The legal basis for using Microsoft Azure is therefore our legitimate interest. The legal basis therefore follows from Art. 6 para. 1 lit. f GDPR.

 

3.4.2 AWS

We use the server services and AI services of AWS in our services. The recipient of the data is Amazon Web Services, Inc. 410 Terry Avenue North, Seattle WA 98109, USA. The processed data categories are master data, contact data, content data, possibly usage data, connection data and possibly contract data. If AWS transfers this data to a third country (e.g. the USA), this is done on the basis of an order processing contract concluded with AWS and in accordance with standard contractual clauses agreed with AWS and other security measures permitted by the GDPR, which guarantee the security of the processing of your personal data with a level of protection identical to that in the EU, in particular on the basis of the EU-US Data Privacy Framework (DPF). In this respect, AWS offers us the opportunity to offer state-of-the-art quality in the first place with its services and their integration into our services. With AWS, we can provide you with an intelligent system as part of the data processing for the provision of our main services, which processes all interactions in our services, in which AWS is integrated, in the most efficient and useful way for you. The purpose of this data processing is to provide such an advanced system that enables us to always provide you with the best possible services. Your personal data is only processed to a very limited extent. Where possible, particularly sensitive personal data is not required at all. The legal basis for using AWS is therefore our legitimate interest. The legal basis therefore follows from Art. 6 para. 1 lit. f GDPR.

 

3.5 Payment Services

We offer various payment methods for processing payment claims. We use the payment service providers described below for this purpose. We do this for the purpose of providing our services properly and in line with requirements. The data processed in this context is usage data, connection data, master data, payment data, contact data or contract data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient-related information. The information is required to carry out the transactions. The data entered is only processed by the payment service providers and stored by them. We do not receive any account or credit card-related information, only information about the confirmation or negative information about the payment. Under certain circumstances, your data may be transmitted by the payment service providers to credit agencies. The purpose of this transmission is to check your identity and creditworthiness. Please refer to the terms and conditions and data protection information of the payment service providers. The legal basis for the use of payment service providers results from Art. 6 para. 1 lit. b GDPR. We can only provide the services promised to you with our services and thus fulfill our contractual obligations if we use third parties, such as payment service providers, to process payment transactions. We have concluded an order processing agreement with each of the payment service providers so that the security of the processing of your data is guaranteed at all times.

 

Stripe

If you choose a payment method from the payment service provider Stripe, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provide during the ordering process together with information about your order (name, address, account number, bank code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6 para. 1 lit. b GDPR. You can find more information about Stripe’s data protection at the URL https://stripe.com/de/privacy#translation. Stripe reserves the right to carry out a credit check on the basis of mathematical-statistical procedures in order to safeguard its legitimate interest in determining the user’s solvency. Stripe may transmit the personal data necessary for a credit check and received in the course of payment processing to selected credit agencies, which Stripe discloses to users on request. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, these are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. Stripe uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the authorization to use the selected payment method.

You can object to this processing of your data at any time by sending a message to Stripe or the commissioned credit agencies.

However, Stripe may still be entitled to process your personal data if this is necessary for contractual payment processing.

 

3.6 Webhosting

 

3.6.1 Provision of our Services

In order to provide you with our Services, we use the Services of a web hosting provider. Our Services are accessed from the servers of these web hosting providers. For these purposes, we use the web hosting provider’s infrastructure and platform Services, computing capacity, storage space and database services, as well as security services and technical maintenance services.

The processed data includes all such data that you enter or that is collected by you in the course of your use and communication in connection with your visit to our Services (e.g. your IP address). Our legal basis for using a web hosting provider to provide our Services results from Art. 6 para. 1 lit. f GDPR (legitimate interest).

 

3.6.2 Receiving and sending e-mails

The Services of the web host used by us may also include the sending, receiving as well as storing of e-mails. For these purposes, the addresses of the recipients of your e-mails as well as the senders as well as further information concerning the e-mail dispatch (e.g. the providers involved) as well as the contents of the respective e-mails are processed. The aforementioned data is processed, among other things, for the purpose of recognizing SPAM. E-mails are generally not sent encrypted on the Internet. As a rule, e-mails are encrypted in transit, but (unless end-to-end encryption is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server. Our legal basis for using a web hosting provider to receive and send e-mails results from Art. 6 para. 1 lit. f GDPR (legitimate interest).

 

3.6.3 Collection of access data and log files

We ourselves (or our web hosting provider) collect data on each access to the server (server log files). The server log files may include the address and name of the Services and files accessed, the date and time of access, the volume of data transferred, notification of successful access, browser type and version, your operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.

The server log files may be used on the one hand for security purposes, e.g. to prevent server overload (especially in the event of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the utilization of the servers and their stability. Our legal basis for using a web hosting provider to collect access data and log files results from Art. 6 para. 1 lit. f GDPR (legitimate interest).

 

3.7 Newsletter

With your consent (regularly by subscribing), we will send you newsletters, e-mails and other electronic notifications (hereinafter “newsletter”). Our newsletters generally contain technical, commercial and promotional information about our services.

To subscribe to our newsletter, it is generally sufficient for you to provide your e-mail address. If necessary, we may ask you to provide additional information such as your name or similar.

Registration for our newsletter always takes place in a so-called double opt-in procedure. After registering for our newsletter, you will receive an e-mail asking you to confirm your registration by clicking on a confirmation link. This confirmation is necessary to prevent someone else from subscribing to a newsletter with your e-mail address. We keep a record of newsletter registrations in order to be able to prove the registration process in accordance with legal requirements. For this purpose, we store the time of registration and confirmation as well as your IP address. Changes to your data stored with the mailing service provider are also logged. You can unsubscribe from our newsletter at any time. To do so, simply click on the “Unsubscribe” button in the footer of each newsletter. If you unsubscribe from our newsletter, your email address may be stored for up to three years on the basis of our legitimate interests before we delete it so that we can prove that you previously gave your consent.

If we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure mailing system.

The legal basis for sending newsletters is your consent, provided that you have given us this by subscribing to the newsletter and therefore results from Art. 6 para. 1 lit. a GDPR. If you have not given us your consent to send you newsletters, we will not send you any newsletters (any more).

 

Funnelcockpit

We use the services of Just Viral (Funnelcockpit) to send newsletters. Funnelcockpit is a service with which, among other things, the sending of newsletters can be organized and analyzed. The provider is Just Viral GmbH & Co. KG, Reinholdstraße 5, 21073 Hamburg, Germany. The data you enter for the purpose of receiving newsletters (e.g. e-mail address) is stored on Funnelcockpit’s servers. Our newsletters sent with Funnelcockpit enable us to analyze the behavior of newsletter recipients. Among other things, we can analyze how many recipients have opened the newsletter message and how often which link in the newsletter was clicked on. All links in the email are so-called tracking links, with which your clicks can be counted. If you do not wish to be analyzed by Funnelcockpit, you must unsubscribe from the newsletter. We provide a link for this purpose in every newsletter message. You can also revoke your consent at any time with effect for the future by sending an email to the address given in our legal notice. The data you provide us with for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and deleted from both our servers and the Funnelcockpit servers after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the member area) remain unaffected by this. For more information, please refer to Funnelcockpit’s privacy policy at: https://funnelcockpit.com/datenschutz/. The processing of the data entered in the newsletter registration form is based on your consent (Art. 6 para. 1 lit. a GDPR). You can revoke your consent to the storage of the data, the e-mail address and its use for sending the newsletter at any time, for example via the “Unsubscribe” link in the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.

 

4. Processing on behalf

 

If we use external Service providers to process your data, they will be carefully selected and commissioned by us. If the Services provided by these Service providers are commissioned processing within the meaning of Art. 28 GDPR, the Service providers are bound by our instructions and are regularly monitored. In this context, our order processing contracts comply with the strict requirements of Art. 28 GDPR as well as the specifications of the German data protection authorities. 

 

5. Data subject rights

 

If your personal data is processed, you are a data subject within the meaning of the GDPR and you are entitled to the following rights as a user against the controller:

 

5.1 Right to information

 

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

 

If such processing exists, you may request information from the controller about the following:

 

·       The purposes for which the personal data are processed;

·       the categories of personal data which are processed;

·       the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

·       the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;

·       the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;

·       the existence of a right of appeal to a supervisory authority;

·       any available information about the origin of the data, if the personal data are not collected from the data subject;

·       the existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

·       You have the right to request information about whether personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

 

5.2 Right to rectification

 

You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

 

5.3 Right to restriction of processing

 

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

 

·       if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

·       the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

·       the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or

·       if you have objected to the processing pursuant to Article 21 (1) GDPR and it has not yet been determined whether the controller’s legitimate grounds override your grounds.

·       If the processing of personal data concerning you has been restricted, such data may – apart from being stored – only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

 

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

 

5.4 Right to erasure

 

5.4.1 You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase this data without undue delay, if one of the following reasons applies:

 

·       The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

·       You withdraw your consent on which the processing was based pursuant to Art. 6 (1) lit. a or Art. 9 (2) lit. a GDPR and there is no other legal basis for the processing.

·       You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the You object to the processing pursuant to Art. 21 (2) GDPR.

·       The personal data concerning you has been processed unlawfully.

·       The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

·       The personal data concerning you has been collected in relation to information society Services offered pursuant to Article 8 (1) GDPR.

 

5.4.2 If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers that process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

 

5.4.3 The right to erasure shall not apply to the extent that the processing is necessary

 

·       For the exercise of the right to freedom of expression and information;

·       for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

·       for reasons of public interest in the area of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;

·       for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in (1) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

·       for the assertion, exercise or defense of legal claims.

 

5.5 Right to information

 

If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.

 

You have the right vis-à-vis the controller to be informed about these recipients.

 

5.6 Right to data portability

 

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

 

the processing is based on consent pursuant to Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract pursuant to Art. 6 (1) lit. b GDPR and

the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.

 

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

5.7 Right to object

 

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 (1) lit. e or f GDPR; this also applies to profiling based on these provisions.

 

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

 

If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to processing of the personal data concerning you for the purposes of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

 

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

 

You have the possibility, in connection with the use of information society Services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.

 

5.8 Right to revoke your declaration of consent under data protection law

 

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

The processing is lawful until your revocation – the revocation thus only affects the processing after receipt of your revocation. You can declare the revocation informally by mail or e-mail. The processing of your personal data will then no longer take place, subject to permission by another legal basis. If this is not the case, your data must be deleted immediately after the revocation in accordance with Art. 17 (2) GDPR. Your right to revoke your consent subject to the above conditions is guaranteed.

Your revocation should be addressed to: 

 

elbwire GmbH

Eifflerstraße 43

c/o Betahaus

22769 Hamburg

Germany

E-Mail: mail-us@elbwire.com
Tel: +49(0)1520-9218738

 

5.10 Right to complain to a supervisory authority

 

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

 

The supervisory authority to which the complaint has been lodged will inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

 

6. Automated decisions in individual cases including profiling.

 

Automated decisions in individual cases including profiling do not take place.

 

7. Notification obligations of the responsible party

 

If your personal data have been disclosed to other recipients (third parties) with legal grounds, we will notify them of any rectification, erasure or restriction of the processing of your personal data (Art. 16, Art. 17 (1) and Art. 18 GDPR). The notification obligation does not apply if it involves disproportionate effort or is impossible. We will also inform you about the recipients upon request.