Privacy Policy

privacy policy for website www.rubarb.app (“website”)

 

I. Name and address of controller and data protection officer

The controller within the meaning of the General Data Protection Regulation (hereinafter “GDPR”) and other national data protection laws of EU countries and other data protection laws is:

Controller
rubarb GmbH
Rehmstraße 9
22299 Hamburg

represented by:
Fabian Scholz, Jakob Scholz, Kevin Craig
Telephone: 040 41 42 54 87
E-Mail: info@rubarb.app

 

Data Protection Officer

Rechtsanwalt und Fachanwalt für Informationstechnologierecht
Dr. Christian Rauda
GRAEF Rechtsanwälte Digital PartG mbB
Jungfrauenthal 8
E-Mail: dpo@rubarb.app

Website: www.graef.eu

 

II. General information about data processing

1. Extent of processing personal data

We will generally collect and use personal data of our users only if and to the extent necessary to make available a functional website and/or to provide our content and services. Personal data of our users generally will be collected and/or used only with the prior consent of the user. An exception applies in cases where obtaining prior consent is practically impossible and where data processing is permitted by applicable law. The types of data we process are as follows:

  • user data (e.g., visited websites, interest in content, access times)
  • meta/communication data (e.g., device information, IP addresses)
  • name, email, phone number and message texts from messages sent to us via email or website forms

2. Legal basis for processing personal data

If we obtain the consent of a data subject for processing personal data, the legal basis for processing such personal data is Art. 6 para. 1 lit. a) EU General Data Protection Regulation (hereinafter “GDPR”). If we process personal data that are necessary to perform a contract to which the data subject is a party, the legal basis for processing such personal data is Art. 6 para. 1 b) GDPR. The same applies if processing personal data is necessary to perform pre-contractual measures. If processing personal data is necessary to perform a legal obligation of our company, the legal basis for such data processing is Art. 6 para. 1 lit. c) GDPR. If processing personal data is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh that legitimate interest, the legal basis for such data processing is Art. 6 para. 1 lit. f) GDPR.

3. Erasure of data and duration of data storage

Personal data of a data subject will be erased or blocked as soon as they are no longer needed for the purposes for which they are stored. Data may also be blocked if provided for by EU or national regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or erased if recordkeeping obligations under the aforementioned norms expire, unless continued storage of such data is necessary to enter into or perform a contract.

 

III. Making available the Website and creating log files

1. Description and extent of data processing

When our Website is accessed, our system will automatically collect data and information from the computer system of the terminal device accessing the Website.

In this connection the following data will be collected for a limited time period:

  1. visited website
  2. quantity of data transmitted
  3. information about the type and version of the browser used,
  4. the operating system of the user,
  5. the IP address of the user,
  6. the date and time of access, and
  7. the websites from which the system of the user arrived on our website

Such data will be stored in log files of our system. Such data are needed only to analyse any malfunctions and will be erased at the latest within seven days. The legal basis for temporarily storing data in log files is Art. 6 para. 1 lit. f) GDPR. Temporary storage of the IP address for the system is necessary for making the Website available to the terminal device of the user. For this purpose, the IP address of the user must be stored for the duration of the session. Data are stored in log files to ensure the functionality of our Website. In addition, such data are used to optimise the Website and to ensure the security of our IT systems. Data will not be analysed for marketing purposes in this connection, and we will draw no inferences as to your identity. The aforementioned purposes also provide the basis of our legitimate interest in data processing within the meaning of Art. 6 para. 1 lit. f) GDPR. Collecting data to make available the Website and storing data in log files is necessary for operating the Website. Consequently, users have no right to object to the collection or use of such data for the aforementioned purposes

2. Cookies

Our website uses so-called session or flash cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user calls up a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f DSGVO. The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognised also after a page change.

The user data collected by technically necessary cookies are not used to create user profiles. According to Art. 6 para. 1 lit. f DSGVO, the processing of personal data is necessary to safeguard our legitimate interests. Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user have full control over the use of cookies and these cookies are deleted when you close your browser. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated, all functions of the website may no longer be available.

2.1 Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.  Further information about Google’s privacy policy may be obtained from http://www.google.com/privacy.html.

2.2 Facebook conversion pixels

We use the “Custom Audience pixel” of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) on our website. With its help, we can keep track of what users do after they see or click on a Facebook advertisement. This enables us to monitor the effectiveness of Facebook ads for purposes of statistics and market research. Data collected in this way is anonymous to us, which means we cannot see the personal data of individual users. However, this data is saved and processed by Facebook. Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and outside of Facebook. A cookie can also be saved on your device for these purposes.

Please click here if you would like to withdraw your consent https://www.facebook.com/settings/?tab=ads#_=_

2.3 Google Tag Manager (GTM)

Google Tag Manager (GTM”) is a tag management system to manage JavaScript and HTML tags used for tracking and analytics on websites. Tags are small code elements that, among other things, are used to measure traffic and visitor behaviour: to understand the effect of online advertising and social channels; to set up remarketing and orientation towards target groups; and to test and optimize websites. GTM makes it easier for us to integrate and manage our tags. We use GTM on our website to include the following tracking tools (as in described in detail this Section 12):

● Google Analytics

● Facebook Conversion Pixels

If you have performed deactivation, GTM takes this deactivation into account. For more information about GTM’s privacy practices can be found at https://policies.google.com/privacy?hl=en and terms of use at https://www.google.com/analytics/tag-manager/use-policy/.

2.4 Urchin Tracking Module (UTM)

UTM tags are not tools. UTM works as a custom URL for marketing campaigns and reports can be viewed in platforms like Google Analytics. UTM tags are appended as part of the visible URL in marketing programs to understand the specific instance of a link. UTM tag reports are observed in Google Analytics/Marketo (see Sections 12.7 and 12.9) for understanding visitors to our website – for example, if they have visited the website, clicked on a link or signed up to a conference/event. These details are collected at an aggregated level. Customizing the URL with UTM tags allows us to better understand the marketing activity, which then allows us to better serve our audience.

The tracking occurs via the UTM parameters that are appended in the URL. When a user clicks an UTM tagged URL, based on the parameters set, we will be able to track from which end source the user has interacted with that URL.

 

IV. Rights of data subjects

If we process your personal data, you will be a data subject within the meaning of the GDPR and you will have the following rights against the controller:

1. Right to information

You may demand that the controller confirm whether or not personal data about you are processed by us.

If we do process such data, you may demand the following information from the controller:

  1. the purposes for which your personal data are processed;
  2. the categories of personal data that are processed;
  3. the recipients or categories of recipients to whom your personal data have been or will be disclosed;
  4. how long we plan to store your personal data or, if that time period cannot be ascertained yet, the criteria used to determine how long we will store your personal data;
  5. whether you have a right to rectification or erasure of your personal data, a right to restricted processing by the controller, or a right to object to such processing;
  6. whether you have a right to lodge a complaint with a supervisory authority;
  7. any available information about the origin of data if they were not collected directly from the data subject; and
  8. whether your personal data will be transferred to any third country or international organisation; in connection with such transfers you may demand to be informed of appropriate safeguards within the meaning of Art. 46 GDPR.

2. Right to rectification

You have a right against the controller to have incorrect personal data rectified and/or to have incomplete personal data completed if the personal data we process are incorrect or incomplete. The controller must rectify data without undue delay.

3. Right to restricted processing

Under the following conditions you may demand restricted processing of your personal data:

  1. if you dispute the correctness of your personal data for a time period that allows the controller to review whether your personal data are correct;
  2. if processing is unlawful and you decline to have your personal data erased and instead demand restricted use of your personal data;
  3. if the controller no longer needs your personal data for the purposes for which they are processed, but you need such data to assert, exercise, or defend legal rights or claims, or
  4. if you have objected to processing of your personal data in accordance with Art. 21 para. 1 GDPR and it has not yet been determined whether there are overriding legitimate reasons of the controller.

If processing of your personal data is restricted, such data may – except for their storage – be processed only with your consent, or to assert, exercise, or defend legal rights or claims, to protect the rights of another natural person or legal entity, or for reasons related to an important public interest of the European Union or any member state.

If processing of your personal data has been restricted under the aforementioned conditions, you will be notified by the controller before the restriction is lifted.

4. Right to erasure

a) Erasure obligation

You may demand that the controller erase your personal data without undue delay and the controller has an obligation to do so if one of the following reasons applies:

  1. your personal data are no longer needed for the purposes for which they were collected or are otherwise processed;
  2. you have revoked your consent on which the processing of your data is based in accordance with Art. 6 para. 1 let. a) or Art. 9 para. 2 lit. a) GDPR, and there is no other legal basis for processing your personal data;
  3. you have objected to processing of your personal data in accordance with Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for processing your personal data, or you object to processing in accordance with Art. 21 para. 2 GDPR;
  4. your personal data have been processed unlawfully;
  5. erasing your personal data is necessary to comply with a legal obligation under European law or member state law to which the controller is subject; or
  6. your personal data were collected with respect to offered information society services within the meaning of Art. 8 para. 1 GDPR.

b) Information to third parties

Where the controller has made personal data public and has an obligation under Art. 17, para. 1 to erase such personal data, the controller, taking into account available technology and the cost of implementation, must take reasonable steps, including technical measures, to inform controllers which are processing such personal data that the data subject has requested the erasure by such controllers of any links to, or copies or duplicates of, such personal data.

c) Exceptions

There is no right to erasure if processing personal data is necessary

  1. to exercise the right to freedom of expression and information;
  2. to comply with a legal obligation which requires processing of your personal data under EU or member state law to which the controller subject, or to perform a task that is in the public interest, or to exercise official authority vested in the controller;
  3. for reasons of the public interest in the area of public health within the meaning of Art. 9 para. 2 let. f) and i) and Art. 9 para. 3 GDPR; or
  4. to assert, exercise, or defend legal rights or claims.

5. Right to notification

If you have exercised your right to rectification, erasure, or restricted processing against the controller, the controller has an obligation to notify all recipients to whom your personal data have been disclosed of such rectification, erasure, or restricted processing, unless this proves impossible or would be associated with unreasonable expense.

You have a right to be informed of all such recipients by the controller.

6. Right to data portability

You have a right to receive personal data you have made available to the controller in a structured, standard, and machine-legible format. You also have the right to transfer your personal data to another controller without any interference by the controller to whom the personal data were made available, if

  1. processing is based on consent within the meaning of Art. 6 para. 1 lit. a) GDPR or Art. 9 para. 2 let. a) GDPR or on a contract within the meaning of Art. 6 para. 1 lit. b) GDPR, and
  2. data processing is automated.

In exercising the right to data portability, you further have the right to have your personal data transferred directly from one controller to another controller, if and to the extent that this is technically feasible. No rights or freedoms of any other persons may be infringed thereby.

The right to data portability does not apply to processing of personal data that is necessary to perform a task that is in the public interest or to processing of personal data in the exercise of official authority vested in the controller.

7. Right of objection

You have the right for reasons related to your particular situation to object to processing of your personal data at any time based on Art. 6 para. 1 lit. e) or f) GDPR; the same applies to any profiling based on the aforementioned provisions.

If you object, the controller will no longer process your personal data, unless the controller can show that there are compelling protected reasons for processing your personal data that override your interests, rights and freedoms, or if your data are processed to assert, exercise, or defend legal rights or claims.

If your personal data are processed for direct advertising purposes, you have a right to object to processing of your personal data for purposes of such advertising at any time; the same applies to any profiling associated with such direct advertising.

If you object to processing of your personal data for purposes of direct advertising, your personal data will no longer be processed for such purposes.

In connection with use of information society services you may exercise your right of objection – regardless of Directive 2002/58/EC – by using automated processes for which technical specifications are used. For this purpose, you may send an email to us.

8. Right to revoke consent to data processing

You have a right to revoke your consent to data processing at any time. If you exercise your right of revocation, the lawfulness of data processing that occurs before revocation based on your consent will remain unaffected.

9. Automated decision in a particular case, including profiling

You have a right not to be subjected to a decision that is made exclusively by means of automated processing – including profiling – if such a decision has legal consequences for you or otherwise substantially impairs your interests. This does not apply if the decision

  1. is necessary to enter into or perform a contract between you and the controller,
  2. is permitted under EU or member state law to which the controller is subject and such law provides for appropriate safeguards to protect your rights, freedoms, and legitimate interests, or
  3. is made with your express consent.

However, such decisions may not be made with respect to special categories of personal data within the meaning of Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a) or g) GDPR applies and appropriate safeguards have been implemented to protect your rights, freedoms, and legitimate interests.

In cases 1) and 3) above the controller must implement appropriate safeguards to protect your rights, freedoms, and legitimate interests, which must include, at a minimum, a right to have a person acting on behalf of the controller take action, a right to present your own point of view, and a right to contest the decision.

10. Right to lodge complaint with supervisory authority

Without prejudice to any other available administrative or judicial remedies, you have a right to lodge a complaint with a supervisory authority, in particular a supervisory authority located in the member state of your habitual residence, at your workplace, or at the place of the purported infringement, if in your opinion the processing of your personal data violates the GDPR.

The supervisory authority where the complaint is lodged will then notify the complainant of the progress and outcome of the complaint, including judicial remedies available under Art. 78 GDPR

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