Introduction
With the following data protection declaration, we would like to inform you about which types of your personal data (hereinafter also referred to as “data”) we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online content”). The terms used are not gender specific.
June 8, 2022 Table of contents:
• Introduction
• Liable party
• Overview of processing
• Relevant legal bases
• Security measures
• Transmission of personal data
• Data processing in third countries
• Business benefits
• Payment procedure
• Provision of online content and web hosting
• Blogs and publication media
• Contact and inquiry management
• Newsletters and electronic notifications
• Presences in social networks (social media)
• Plugins and embedded functions and content
• Changing and updating the privacy policy
• Rights of data subjects Liable party
bitsurance UG (limited) Dammstr. 41 31134 Hildesheim Representants: CEO: Philipp Oehler E-Mail: service@bitsurance.eu Overview of processing The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.
TYPES OF DATA PROCESSED
• Inventory data.
• Payment details.
• Contact details.
• Content data.
• Contract data.
• Usage data.
• Meta/communication data. CATEGORIES OF AFFECTED PERSONS
• Customers.
• Interested parties.
• Communication partner.
• Users.
• Business and contractual partners. PURPOSES OF PROCESSING
• Provision of contractual services and customer service.
• Contact inquiries and communication.
• Security measures.
• Direct marketing.
• Office and organizational procedures.
• Managing and responding to inquiries.
• Feedback
• Marketing.
• Our online content and user-friendliness.
• Information technology infrastructure.
APPLICABLE LEGAL BASIS
Below you will find an overview of the legal basis of the GDPR on the basis of which we process personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases apply in individual cases, we will inform you of these in the data protection declaration.
• Consent
(Art. 6 Para. 1 S. 1 lit. a. GDPR) – The data subject has given their consent to the processing of personal data concerning them for a specific purpose or several specific purposes.
• Fulfillment of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR) – Processing is necessary for the performance of a contract to which the data subject is a party or to carry out pre-contractual measures at the request of the data subject person.
• Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR) – Processing is necessary to fulfill a legal obligation to which the controller is subject.
• Legitimate interests
(Art. 6 para. 1 sentence 1 lit. f. GDPR) – Processing is necessary to protect the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject are protected, requiring personal data, predominate. In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the law to protect against misuse of personal data during data processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes and transmission and automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply. Safety measures We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk. The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, disclosure, ensuring availability and its separation. We have also set up procedures to ensure that the rights of those affected are exercised, data are deleted and responses are made to data threats. We also take the protection of personal data into account when developing or selecting hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings. SSL encryption (https): To protect your data transmitted via our online content, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address bar of your browser. Transfer of personal data As part of our processing of personal data, the data may be transmitted to or disclosed to other bodies, companies, legally independent organizational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data. Data processing in third countries If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing in the context of using third-party services or disclosing or transmitting data to other people, bodies or companies takes place, this only takes place in accordance with the legal requirements. Subject to express consent or contractually or legally required transfer, we only process or have the data processed in third countries with a recognized level of data protection, contractual obligations through so-called standard protection clauses of the EU Commission, if certifications or binding internal data protection regulations exist (Articles 44 to 49 GDPR, EU Commission information page: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de). Business benefits We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the framework of contractual and comparable legal relationships as well as associated measures and as part of communication with the contractual partners (or pre-contractual), e.g. to respond to inquiries answer. We process this data to fulfill our contractual obligations. This includes, in particular, the obligations to provide the agreed services, any update obligations and remedies in the event of warranty and other service disruptions. In addition, we process the data to protect our rights and for the purposes of the administrative tasks associated with these obligations and the company organization. In addition, we process the data on the basis of our legitimate interests in proper and business management as well as security measures to protect our contractual partners and our business operations from misuse and jeopardy of their data, secrets, information and rights (e.g. for the participation of telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the scope of applicable law, we only pass on the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations. The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, as part of this data protection declaration. We inform the contractual partners which data is required for the aforementioned purposes before or as part of the data collection, e.g. in online forms, through special marking (e.g. colors) or symbols (e.g. asterisks, etc.), or in person. We delete the data after the expiry of statutory warranty and comparable obligations, i.e. generally after 4 years, unless the data is stored in a customer account, e.g. as long as it must be retained for legal archiving reasons (e.g. for Tax purposes usually 10 years). We delete data that was disclosed to us by the contractual partner as part of an order in accordance with the specifications of the order, generally after the end of the order. To the extent that we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers. Customer account Contractual partners can create an account within our online platform (e.g. customer or user account, “customer account” for short). If it is necessary to register a customer account, contractual partners will be informed of this as well as the information required for registration. Customer accounts are not public and cannot be indexed by search engines. As part of the registration and subsequent logins and use of the customer account, we store the customers’ IP addresses along with the access times in order to be able to prove registration and prevent any misuse of the customer account. If customers have canceled their customer account, the data relating to the customer account will be deleted, unless their retention is required for legal reasons. It is the customer’s responsibility to secure their data if the customer account is terminated. Shop and e-commerce We process our customers’ data to enable them to select, purchase or order the selected products, goods and related services, as well as their payment and delivery or execution. If necessary for the execution of an order, we use service providers, in particular postal, forwarding and shipping companies, to carry out the delivery or execution to our customers. We use the services of banks and payment service providers to process payment transactions. The required information is marked as such as part of the ordering or comparable purchase process and includes the information required for delivery, provision and billing as well as contact information in order to be able to make any consultations.
• Types of data processed: inventory data (e.g. names, addresses); Payment data (e.g. bank details, invoices, payment history); Contact details (e.g. email, telephone numbers); Contract data (e.g. subject matter of the contract, term, customer category); Usage data (e.g. websites visited, interest in content, access times); Meta/communication data (e.g. device information, IP addresses).
• Affected parties: customers; Interested persons; Business and contractual partners.
• Purposes of processing: provision of contractual services and customer service; Safety measures; Contact inquiries and communication; office and organizational procedures; Managing and responding to inquiries.
• Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR); Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR); Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR). Payment procedure As part of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the data subjects efficient and secure payment options and use other service providers in addition to banks and credit institutions (collectively “payment service providers”). The data processed by the payment service providers includes inventory data, such as name and address, bank details, 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. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service provider to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness. For this purpose, we refer to the general terms and conditions and data protection information of the payment service providers. The terms and conditions and data protection information of the respective payment service providers apply to payment transactions, which can be accessed on the respective websites or transaction applications. We also refer to these for further information and to assert cancellation, information and other rights of those affected.
• Types of data processed: inventory data (e.g. names, addresses); Payment data (e.g. bank details, invoices, payment history); Contract data (e.g. subject matter of the contract, term, customer category); Usage data (e.g. websites visited, interest in content, access times); Meta/communication data (e.g. device information, IP addresses).
• Affected persons: customers; Interested persons.
• Purposes of processing: provision of contractual services and customer services.
• Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR).
• Further information on processing processes, procedures and services:
• Stripe: payment services (technical connection of online payment methods);
Service provider: Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA; Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR); Website: https://stripe.com; Data protection declaration: https://stripe.com/de/privacy. Provision of online content and web hosting In order to be able to provide our online content securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online content can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services as well as security and technical maintenance services. The data processed as part of the provision of the hosting offer may include all information relating to the users of our online services that arises in the context of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the content of online content to browsers, and all entries made within our online content or on websites.
• Types of data processed: content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta/communication data (e.g. device information, IP addresses).
• Persons affected: Users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our online content and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.).).
• Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
• Further information on processing processes, procedures and services:
• Collection of access data and log files: We ourselves (or our web hosting provider) collect data about every access to the server (so-called server log files). The server log files include the address and name of the websites and files accessed, date and time of access, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP address. Addresses and the requesting provider belong. The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the servers (particularly in the case of abusive attacks, so-called DDoS attacks) and on the other hand to monitor the utilization of the servers and ensure their stability; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR); Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymized. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified. Blogs and publication media We use blogs or comparable means of online communication and publication (hereinafter “publication medium”). Readers’ data will only be processed for the purposes of the publication medium to the extent necessary for its presentation and communication between authors and readers or for security reasons. Furthermore, we refer to the information on the processing of visitors to our publication medium within the scope of this data protection notice.
• Types of data processed: inventory data (e.g. names, addresses); Contact details (e.g. email, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta/communication data (e.g. device information, IP addresses).
• Persons affected: Users (e.g. website visitors, users of online services).
• Purposes of processing: provision of contractual services and customer service; Feedback (e.g. collecting feedback via online form); Provision of our online content and user-friendliness.
• Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR). Contact and inquiry management When you contact us (e.g. via contact form, email, telephone or via social media) as well as within the framework of existing user and business relationships, the information provided by the inquiring person is processed to the extent that this is necessary to answer the contact request and any requested measures. Answering contact inquiries and managing contact and inquiry data within the framework of contractual or pre-contractual relationships is carried out to fulfill our contractual obligations or to answer (pre-)contractual inquiries and otherwise on the basis of the legitimate interests in answering the inquiries and maintaining user or business relationships.
• Types of data processed: contact details (e.g. email, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta/communication data (e.g. device information, IP addresses).
• Affected people: communication partners.
• Purposes of processing: provision of contractual services and customer service; Contact inquiries and communication; managing and responding to inquiries; Feedback (e.g. collecting feedback via online form); Provision of our online content and user-friendliness.
• Legal basis: fulfillment of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR); Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR). Further information on processing processes, procedures and services: • Contact form: If users contact us via our contact form, email or other communication channels, we process the data provided to us in this context to process the request communicated. For this purpose, we process personal data within the framework of pre-contractual and contractual business relationships, to the extent that this is necessary for their fulfillment and otherwise on the basis of our legitimate interests and the interests of the communication partners in answering the concerns and our legal retention obligations; Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR). Newsletters and electronic notifications We only send newsletters, emails and other electronic notifications (hereinafter “newsletter”) with the consent of the recipient or legal permission. If the contents are specifically described when registering for the newsletter, they are decisive for the user’s consent. Our newsletters also contain information about our services and us. In order to register for our newsletters, it is generally sufficient to provide your email address. However, we may ask you to provide a name so that you can be addressed personally in the newsletter, or other information if this is necessary for the purposes of the newsletter. Double opt-in process: Registration for our newsletter generally takes place using a so-called double opt-in process. 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 log in with someone else’s email address. Registrations for the newsletter are logged in order to be able to provide evidence of the registration process in accordance with legal requirements. This includes storing the registration and confirmation times as well as the IP address. Changes to your data stored by the shipping service provider are also logged. Deletion and restriction of processing: We can store the unsubscribed email addresses for up to three years based on our legitimate interests before we delete them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time. In the event of obligations to permanently observe contradictions, we reserve the right to store the email address in a blacklist (so-called “blocklist”) solely for this purpose. The registration process is recorded on the basis of our legitimate interests for the purpose of providing evidence of its proper execution. If we commission a service provider to send emails, this is based on our legitimate interests in an efficient and secure shipping system. Contents: Information about us, our services, promotions and offers.
• Types of data processed: inventory data (e.g. names, addresses); Contact details (e.g. email, telephone numbers); Meta/communication data (e.g. device information, IP addresses).
• Affected people: communication partners.
• Purposes of processing: Direct marketing (e.g. by email or post).
• Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR).
• Option to object (opt-out): You can cancel your receipt of our newsletter at any time, i.e. revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can use one of the contact options listed above, preferably email. Presences in social networks (social media) We maintain online presences within social networks and process user data in this context in order to communicate with active users there or to offer information about us. We would like to point out that user data may be processed outside the European Union. This can result in risks for users because, for example, it could make it more difficult to enforce users’ rights. Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on usage behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behavior and interests of the users are stored. Furthermore, data can also be stored in the usage profiles regardless of the devices used by the users (particularly if the users are members of the respective platforms and are logged in to them). For a detailed description of the respective forms of processing and the options for objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks. In the case of requests for information and the assertion of the rights of those affected, we would also like to point out that these can most effectively be asserted with the providers. Only the providers have access to user data and can take appropriate measures and provide information directly. If you still need help, you can contact us. Types of data processed: contact details (e.g. email, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta/communication data (e.g. device information, IP addresses).
• Persons affected: Users (e.g. website visitors, users of online services).
• Purposes of processing: contact requests and communication; Feedback (e.g. collecting feedback via online form); Marketing.
• Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR). Further information on processing processes, procedures and services:
• Instagram: Social network; Service provider: Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR); Website: https://www.instagram.com; Data protection declaration: https://instagram.com/about/legal/privacy.
• Twitter: Social network; Service provider: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland, parent company: Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR); Data protection declaration: https://twitter.com/privacy, (Settings: https://twitter.com/personalization). Plugins and embedded functions and content We include functional and content elements in our online content that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). This can be, for example, graphics, videos or city maps (hereinafter referred to as “content”). The integration always requires that the third party providers of this content process the users’ IP address, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content or functions. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online content, as well as being linked to such information from other sources.
• Types of data processed: usage data (e.g. websites visited, interest in content, access times); Meta/communication data (e.g. device information, IP addresses).
• Persons affected: Users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our online content and user-friendliness.
• Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR). Further information on processing processes, procedures and services:
• Google Fonts (provided on our own server): Fonts (“Google Fonts”) for the purpose of a user-friendly presentation of our online content; Service provider: The Google Fonts are hosted on our server, no data is transmitted to Google; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR). Changes and updates to the data protection declaration We ask you to regularly inform yourself about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification. If we provide addresses and contact information for companies and organizations in this data protection declaration, please note that the addresses may change over time and ask you to check the information before contacting us. Rights of data subjects As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 GDPR:
• Right to object: You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you, which is carried out on the basis of Article 6 (1) (e) or (f) of the GDPR; This also applies to profiling based on these provisions. If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising.
• Right to revoke consent: You have the right to revoke your consent at any time.
• Right to information: 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 legal requirements.
• Right to rectification: In accordance with legal requirements, you have the right to request that the data concerning you be completed or that incorrect data concerning you be corrected.
• Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to demand that data concerning you be deleted immediately or, alternatively, to request a restriction of the processing of the data in accordance with the legal requirements.
• Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with legal requirements or to request that it be transmitted to another person responsible.
• Complaint 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 habitual residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of your data personal data concerned violates the requirements of the GDPR.
Created with the free Data Protection Generator.de by Dr. Thomas Schwenke