Privacy policy

1. data protection at a glance

General notes

The following notices provide a simple overview of what happens to your personal data when you visit this website or use our services. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.

Data collection on this website and through our services

Who is responsible for the data collection on this website?

Data processing on this website and the services offered is carried out by the website operator. You can find the contact details of the website operator in the section "Information on the responsible body" in this data protection declaration.

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This can be, for example, data that you enter in a contact form or you write us an e-mail.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website. Other data is collected automatically when you register for our services via your Microsoft account.

What do we use your data for?

Part of the data is collected to ensure error-free provision of the website and our services. Other data may be used to analyse your user behaviour.

What rights do you have regarding your data?

You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time about this and other questions on the subject of data protection.

Third-party analysis tools and tools

When visiting this website, your surfing behaviour may be statistically analysed. This is mainly done with so-called analysis programs.

Detailed information on these analysis programmes can be found in the following data protection declaration.

2. hosting

We host the contents of our website and our services with the following provider:

Vercel Inc

The provider is Vercel Inc, 340 S Lemon Ave #4133, Walnut, CA 91789, USA (hereinafter Vercel).

When you visit our website, your personal data is processed on the servers of AWS. This may also involve the transfer of personal data to the parent company of AWS in the US. The data transfer to the USA is based on the EU standard contractual clauses.

For more information, please see Vercel's privacy policy: https://vercel.com/legal/privacy-policy.

The use of Vercel is based on Art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in the most reliable presentation of our website. Or if you use our services as a customer according to Art. 6 para. 1 lit. b DSGVO.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

Amazon Web Services (AWS)

The provider is Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, 1855 Luxembourg (hereinafter AWS).

When you visit our website, your personal data is processed on the servers of AWS. This may also involve the transfer of personal data to the parent company of AWS in the US. The data transfer to the USA is based on the EU standard contractual clauses. Details can be found here: https://aws.amazon.com/de/blogs/security/aws-gdpr-data-processing-addendum/.

For more information, please see the AWS privacy policy: https://aws.amazon.com/de/privacy/?nc1=f_pr.

The use of AWS is based on Art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in the most reliable presentation of our website. This is also the case if you use our services as a customer according to Art. 6 para. 1 lit. b DSGVO.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

Planetscale

The provider is PlanetScale Inc, 321 CASTRO STREET, SUITE 200, MOUNTAIN VIEW CA 94041, USA (hereinafter referred to as Planetscale).

When you use our service, your personal data is processed on Planetscale servers. This may also involve the transfer of personal data to AWS in the US. The data transfer to the USA is based on the EU standard contractual clauses. Details can be found here: https://aws.amazon.com/de/blogs/security/aws-gdpr-data-processing-addendum/.

For more information, please see Planetscale's privacy policy: https://planetscale.com/legal/privacy.

The use of Planetscale is based on Art. 6 para. 1 lit. b DSGVO.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

3 General notes and mandatory information

Data protection

The operators of these pages and the services offered take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data are collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission on the Internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.

Note on the responsible body

The data controller for this website is:

BrainCore Solutions GmbH
Schinenbergstrasse 6
8274 Tägerwilen, Switzerland

Phone: +49251 9811573777
E-mail: support@absentify.com

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Storage period

Unless a more specific storage period has been specified within this privacy policy, your personal data will remain with us until the purpose for processing the data no longer applies. If you assert a justified request for deletion or revoke consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be deleted after these reasons no longer apply.

General information on the legal basis for data processing on this website and in our services

If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO if special categories of data are processed according to Art. 9 para. 1 DSGVO. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 (1) a DSGVO. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g. via device fingerprinting), the data processing is additionally based on Art. 6 para. 1 lit. a DSGVO. The consent can be revoked at any time. If your data is required to fulfil a contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 (1) lit. b DSGVO. Furthermore, if your data is required for the fulfilment of a legal obligation, we process it on the basis of Art. 6 para. 1 lit. c DSGVO. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6 para. 1 lit. f DSGVO. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this data protection declaration.

EU representative according to Art. 27 GDPR

We have appointed an EU representative.

MPH-GL GmbH
Reichenaustrasse 11a
78467 Konstanz
Germany

Phone: +49251 9811573777
E-mail: support@absentify.com

Note on data transfer to the USA and other third countries

Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that no level of data protection comparable to that in the EU can be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in specific cases and to direct marketing (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F DSGVO, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS DATA PROTECTION DECLARATION. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING SERVES THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21(1) OF THE DATA PROTECTION ACT).

IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS CONNECTED WITH SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ART. 21 PARA. 2 DSGVO).

Right of appeal to the competent supervisory authority

In the event of breaches of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged breach. The right of appeal is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

Information, deletion and correction

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if applicable, a right to correction or deletion of this data. You can contact us at any time for this purpose and for further questions on the subject of personal data.

Right to restrict processing

You have the right to request the restriction of the processing of your personal data. To do this, you can contact us at any time. The right to restriction of processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the verification, you have the right to request the restriction of the processing of your personal data.
  • If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of erasure.
  • If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request restriction of the processing of your personal data instead of deletion.
  • If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your interests and ours must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, such data may - apart from being stored - only be processed with your consent or for the establishment, exercise or defence 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 European Union or a Member State.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Encrypted payment transactions

If, after the conclusion of a contract with costs, there is an obligation to provide us with your payment data (e.g. account number in the case of direct debit authorisation), this data is required for the processing of payments.

Payment transactions via the common means of payment (Visa/MasterCard, direct debit) are made exclusively via an encrypted SSL or TLS connection. You can recognise an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

With encrypted communication, your payment data that you transmit to us cannot be read by third parties.

4. data collection on this website and our services

Cookies

Our internet pages and services use so-called "cookies". Cookies are small data packets and do not cause any damage to your end device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your end device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.

In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behaviour or to display advertising.

Cookies that are necessary to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping basket function) or to optimise the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 (1) lit. f DSGVO, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimised provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, processing is based exclusively on this consent (Art. 6 para. 1 lit. a DSGVO); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you deactivate cookies, the functionality of this website may be limited.

If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately within the framework of this data protection declaration and, if necessary, request your consent.

Server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address

This data is not merged with other data sources.

The collection of this data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website - for this purpose, the server log files must be collected.

Registration on this website

You can register on this website or our services or be registered through your organisation to use additional features on the site. We will only use the data entered for this purpose for the purpose of using the respective offer or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise we will reject the registration.

For important changes, for example in the scope of the offer or in the case of technically necessary changes, we use the e-mail address provided during registration to inform you in this way.

The data entered during registration is processed for the purpose of implementing the user relationship established by registration and, if necessary, for initiating further contracts (Art. 6 para. 1 lit. b DSGVO).

The data collected during registration will be stored by us for as long as you are registered on this website and will then be deleted. Legal retention periods remain unaffected.

Registration with Microsoft

In order to register on this website and our services, you must register with Microsoft. The provider of this service is Microsoft Corporation ("Microsoft"), One Microsoft Way, WA 98052-6399, Redmond, USA.

To register with Microsoft, you only need to enter your Microsoft name (email address) and password. Microsoft will identify you and confirm your identity to our website. In doing so, we will gain access to your name, profile picture and email address via the Microsoft APi). If you are registered through your organisation, we will also receive this information. In addition, your organisation may decide to provide us with your date of birth and date of employment.

Web Analytics with Umami

This website uses the open source web analytics service Umami.

With the help of Umami, we are able to collect and analyse data about the use of our website by website visitors. This enables us to find out, among other things, when which page views were made and from which region they come. We also collect various log files (e.g. referrers, browsers and operating systems used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in analysing user behaviour in order to optimise our web offer and to improve our services.

IP anonymisation

We use IP anonymisation for the analysis with Umami. We do not store any IP addresses that allow us to draw conclusions about you.

Cookieless analysis

We have configured Umami not to store cookies in your browser.

Hosting

We host Umami exclusively on our own servers, so all analysis data remains with us and is not passed on.

5 Newsletter

Newsletter data

If you would like to receive the newsletter offered on the website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and that you agree to receive the newsletter. No further data is collected or only on a voluntary basis. For the handling of the newsletter, we use newsletter service providers, which are described below.

Sendinblue

This website uses Sendinblue to send newsletters. The provider is Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany.

Sendinblue is a service with which, among other things, the sending of newsletters and transactional emails can be organised and analysed. The data you enter for the purpose of receiving the newsletter is stored on Sendinblue's servers in Germany.

Data analysis by Sendinblue

With the help of Sendinblue, we are able to analyse our newsletter campaigns. For example, we can see whether a newsletter message was opened and which links, if any, were clicked. In this way, we can determine, among other things, which links were clicked on particularly often.

In addition, we can see whether certain predefined actions were carried out after opening/clicking (conversion rate). For example, we can see whether you have made a purchase after clicking on the newsletter.

Sendinblue also allows us to subdivide ("cluster") the newsletter recipients according to various categories. The newsletter recipients can be subdivided according to age, gender or place of residence, for example. In this way, the newsletters can be better adapted to the respective target groups.

If you do not want Sendinblue to analyse your data, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message.

For detailed information on the functions of Sendinblue, please see the following link: https://de.sendinblue.com/newsletter-software/.

Legal basis

The data processing is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time. The legality of the data processing operations already carried out remains unaffected by the revocation.

Storage period

The data you provide for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data that has been stored by us for other purposes remains unaffected by this.

After you have unsubscribed from the newsletter distribution list, your email address will be stored by us or the newsletter service provider in a blacklist if necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

For more details, please refer to Sendinblue's privacy policy at: https://de.sendinblue.com/datenschutz-uebersicht/.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

6. plugins and tools

Help Scout

We use Help Scout (hereinafter "Help Scout") to process user requests via our support channels. The provider is Help Scout, 177 Huntington Ave, Ste 1703, MA 02115-3153, Boston, USA.

Messages you send to us may be stored in the Help Scout ticket system. When you communicate with us via Help Scout, all the data you entered before starting the chat (e.g. name or chat ID, address and telephone number) as well as your IP address, country of origin, browser used and terminal device, website accessed and messages exchanged are summarised in a profile and stored on Help Scout's servers.

The messages sent to us remain with us until you request us to delete them or the purpose for storing the data no longer applies (e.g. after processing your enquiry has been completed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

The use of Help Scout is based on Art. 6 para. 1 lit. f DSGVO. We have a legitimate interest in processing your enquiries as quickly, reliably and efficiently as possible. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a DSGVO. The consent can be revoked at any time.

For more information, please see Tidio's privacy policy: https://www.helpscout.com/company/legal/privacy/.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

Sentry

We use the error management tool Sentry (hereinafter "Sentry") to process errors. The provider is Sentry Inc, San Fransico, 132 Hawthorne St, USA.

Sentry is used on the basis of Art. 6 para. 1 lit. b DSGVO. In the context of contract fulfilment, we need reliable and efficient tools for the fastest possible, reliable and efficient processing of any errors that occur.

For more information, please see Tidio's privacy policy: https://sentry.io/privacy/.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

7. e-commerce and payment providers

Processing customer and contract data

We collect, process and use personal customer and contract data for the purpose of establishing, structuring the content of and amending our contractual relationships. We collect, process and use personal data about the use of this website and services (usage data) only insofar as this is necessary to enable the user to use the service or to bill the user. The legal basis for this is Art. 6 para. 1 lit. b DSGVO.

The collected customer data will be deleted after completion of the order or termination of the business relationship and expiry of any existing legal retention periods. Statutory retention periods remain unaffected.

Data transmission upon conclusion of a contract for services and digital content

We only transmit personal data to third parties if this is necessary within the framework of the contract processing, for example to the credit institution commissioned with the payment processing or to the company appointed as a subcontractor (this may be IT services, for example).

No further transmission of data will take place or only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.

The basis for data processing is Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

Payment services

We include third-party payment services on our website and services. When you make a purchase from us, your payment data (e.g. name, payment amount, account details, credit card number) are processed by the payment service provider for the purpose of processing the payment. The respective contractual and data protection provisions of the respective providers apply to these transactions. The payment service providers are used on the basis of Art. 6 para. 1 lit. b DSGVO (contract processing) as well as in the interest of a smooth, convenient and secure payment process (Art. 6 para. 1 lit. f DSGVO). Insofar as your consent is requested for certain actions, Art. 6 para. 1 lit. a DSGVO is the legal basis for data processing; consents can be revoked at any time for the future.

We use the following payment services / payment service providers within the scope of this website:

Paddle

Some of our services are offered by Paddle.com Market Limited as a reseller. The provider and contractual partner is Market Limited, 18-29 Mora Street, Judd House, London EC1V 8BT, United Kingdom (hereinafter "Paddle"). As the responsible party, Paddle sets out in its own data protection declaration which data Paddle stores and processes when you visit this website. We do not have access to this payment information. For further information, please refer to Paddle's privacy policy: https://www.paddle.com/legal/privacy.

The data transfer to the UK is based on the EU Commission's adequacy decision: https://ec.europa.eu/info/sites/default/files/decision_on_the_adequate_protection_of_personal_data_by_the_united_kingdom_-_general_data_protection_regulation_en.pdf.

PayPal

The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal").

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.paypal.com/de/webapps/mpp/ua/pocpsa-full.

For details, please refer to PayPal's privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

American Express

The provider of this payment service is American Express Europe S.A., Theodor-Heuss-Allee 112, 60486 Frankfurt am Main, Germany (hereinafter "American Express").

American Express may transfer data to its parent company in the USA. The data transfer to the USA is based on the Binding Corporate Rules. Details can be found here: https://www.americanexpress.com/en-pl/company/legal/privacy-centre/european-implementing-principles/.

For more information, please see the American Express privacy policy: https://www.americanexpress.com/de/legal/online-datenschutzerklarung.html.

Mastercard

The provider of this payment service is Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium (hereinafter "Mastercard").

Mastercard may transfer data to its parent company in the USA. The data transfer to the USA is based on Mastercard's Binding Corporate Rules. Details can be found here: https://www.mastercard.de/de-de/datenschutz.html and https://www.mastercard.us/content/dam/mccom/global/documents/mastercard-bcrs.pdf.

VISA

The provider of this payment service is Visa Europe Services Inc, London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom (hereinafter "VISA").

The United Kingdom is considered a safe third country under data protection law. This means that the UK has a level of data protection that is equivalent to the level of data protection in the European Union.

VISA may transfer data to its parent company in the USA. The data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.visa.de/nutzungsbedingungen/visa-globale-datenschutzmitteilung/mitteilung-zu-zustandigkeitsfragen-fur-den-ewr.html.

For more information, please see VISA's privacy policy: https://www.visa.de/nutzungsbedingungen/visa-privacy-center.html.

8. audio and video conferencing

Data processing

One of the tools we use to communicate with our clients is online conferencing. The individual tools we use are listed below. If you communicate with us by video or audio conference via the Internet, your personal data will be collected and processed by us and the provider of the respective conference tool.

The conference tools collect all data that you provide/enter to use the tools (e-mail address and/or your telephone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other "contextual information" related to the communication process (metadata).

Furthermore, the provider of the tool processes all technical data that is required to handle the online communication. This includes in particular IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

If content is shared, uploaded or otherwise made available within the tool, it will also be stored on the servers of the tool providers. Such content includes, in particular, cloud recordings, chat/ instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared during the use of the service.

Please note that we do not have full influence on the data processing procedures of the tools used. Our options are largely determined by the corporate policy of the respective provider. For further information on data processing by the conference tools, please refer to the data protection statements of the respective tools used, which we have listed below this text.

Purpose and legal basis

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 lit. b DSGVO). Furthermore, the use of the tools serves the general simplification and acceleration of communication with us or our company (legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO). Insofar as consent has been requested, the tools in question are used on the basis of this consent; consent can be revoked at any time with effect for the future.

Storage period

The data collected directly by us via the video and conference tools is deleted from our systems as soon as you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies. Stored cookies remain on your terminal device until you delete them. Mandatory legal retention periods remain unaffected.

We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.

Conference tools used

We use the following conference tools:

Microsoft Teams

We use Microsoft Teams. The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. For details on data processing, please refer to the Microsoft Teams privacy policy: https://privacy.microsoft.com/de-de/privacystatement.

Job processing

We have concluded a contract on order processing (AVV) with the above-mentioned provider. This is a contract required by data protection law, which ensures that the provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

CCPA data protection

This section on Privacy for California Residents supplements the information contained in our Privacy Policy and applies solely to all visitors, users and other persons who are residents of the State of California.

Categories of personal information collected

We collect information that identifies, relates to, describes, refers to, may be associated with, or could reasonably be associated directly or indirectly with a particular consumer or device. The following is a list of the categories of personal information that we may collect from California residents or have collected in the last twelve (12) months.

Please note that the categories and examples in the list below are those defined in the CCPA. This does not mean that all examples of this category of personal data have actually been collected by us, but reflects our good faith belief, to the best of our knowledge, that some of this data can be and may have been collected from the relevant category. For example, certain categories of personal data are only collected if you provide that personal data to us directly.

  • Category A: Identifiers.
    Examples: A real name, pseudonym, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, driver's licence number, passport number or other similar identifiers.
    Collected: Yes.
  • Category B: Personal data categories defined in the California Customer Data Act (Cal. Civ. Code § 1798.80(e)).
    Examples: Name, signature, national insurance number, physical characteristics or description, address, telephone number, passport number, driving licence or identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number or other financial information, medical information, or health insurance information. Some of the personal information included in this category may overlap with other categories.
    Collected: Yes.
  • Category C: Protected classifications under California or state law.
    Examples: Age (40 years or older), race, colour, ancestry, national origin, citizenship, religion or belief, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including family genetic information).
    Collected: No.
  • Category D: Commercial information.
    Examples: Records and history of products or services purchased or considered.
    Collected: Yes.
  • Category E: Biometric information.
    Examples: Genetic, physiological, behavioural, biological characteristics or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, facial and voice prints, iris or retina scans, keystrokes, gait or other physical patterns, and sleep, health or movement data.
    Collected: No.
  • Category F: Internet or other similar network activities.
    Examples: Interaction with our service or advertising.
    Collected: Yes.
  • Category G: Geolocation data.
    Examples: Approximate physical location.
    Collected: No.
  • Category H: Sensory data.
    Examples: Audio, electronic, visual, thermal, olfactory or similar information.
    Collected: No.
  • Category I: Occupational or employment-related information.
    Examples: Current or past employment history or performance evaluations.
    Collected: No.
  • Category J: Nonpublic Educational Information (as defined by the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
    Examples: Educational records that relate directly to a student and are maintained by an educational institution or a party acting on its behalf, such as grades, transcripts, class rosters, schedules, student identification codes, student financial records, or student disciplinary records.
    Collected: No.
  • Category K: Inferences drawn from other personal information.
    Examples: Profile reflecting a person's preferences, traits, psychological tendencies, dispositions, behaviours, attitudes, intelligence, abilities and inclinations.
    Collected: No.

Under the CCPA, personal data does not include:

  • Publicly available information from government records
  • Unidentified or aggregated consumer information
  • Information that falls outside the scope of the CCPA, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), or clinical trial data.
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or the California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Sources of personal information

We obtain the categories of personal data listed above from the following categories of sources:

  • Directly from you. For example, from the forms you complete on our Service, from the preferences you express or indicate through our Service, or from your purchases on our Service.
  • Indirectly from you. For example, by observing your activities in our service.
  • Automatically by you. For example, through cookies that we or our service providers place on your device when you navigate through our service.
  • From service providers. For example, from third party service providers to monitor and analyse the use of our service, from third party service providers for payment processing or from other third party service providers that we use to provide the service to you.

Use of personal data for business or commercial purposes

We may use or disclose the personal information we collect for "business purposes" or "commercial purposes" (as defined by the CCPA), which may include the following examples:

  • To operate and provide our service to you.
  • To provide you with support and respond to your enquiries, including investigating and addressing your concerns and monitoring and improving our service.
  • To fulfil the reason you provided the information. For example, if you provide us with your contact information to ask a question about our service, we will use that personal information to respond to your enquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery.
  • To respond to law enforcement enquiries and when required by applicable law, court order or government regulation.
  • As described to you when collecting your personal information or as otherwise set out in the CCPA.
  • For internal management and audit purposes.
  • Detecting security incidents and protecting against malicious, deceptive, fraudulent or unlawful acts, including, where appropriate, prosecuting those responsible for such acts.

Please note that the above examples are for illustrative purposes only and are not exhaustive. For more details on how we use this information, please see the section "Use of your personal data".

If we decide to collect additional categories of personal data or use the personal data we collect for substantially different, unrelated or incompatible purposes, we will update this Privacy Policy.

Disclosure of personal data for business or commercial purposes

We may use or disclose the following categories of personal data for business or commercial purposes and have used or disclosed them in the last twelve (12) months:

  • Category A: Identifiers
  • Category B: Personal data categories defined in the California Customer Data Act (Cal. Civ. Code § 1798.80(e))
  • Category D: Commercial information
  • Category F: Internet or other similar network activities

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of this category of personal data have actually been disclosed, but reflects our good faith assumption to the best of our knowledge that some of this information from the relevant category can and may have been disclosed.

When we share personal information for a business or commercial purpose, we enter into a contract describing the purpose and requiring the recipient to keep that personal information confidential and not to use it for any purpose other than fulfilling the contract.

Sale of personal information

As defined in the CCPA, "sale" and "sale" mean the sale, lease, release, disclosure, dissemination, making available, transfer or otherwise communicating orally, in writing, electronically or otherwise, of a consumer's personal information by the Company to a third party for consideration. This means that we have received some kind of consideration for sharing personal information, but not necessarily a financial benefit. We do not sell personal data.

Disclosure of personal information

We may disclose your personal data identified in the categories above to the following categories of third parties:

  • Service provider
  • Payment processor
  • Our subsidiaries
  • Our business partners
  • Third party providers to whom you or your agents authorise us to disclose your personal data in connection with products or services we provide to you

Sale of personal data of minors under 16 years of age

We do not knowingly collect personal information from minors under the age of 16 through our Service, although certain third party websites to which we link may do so. These third-party websites have their own terms of use and privacy policies, and we encourage parents and guardians to monitor their children's Internet use and instruct their children never to provide information on other websites without their consent.

We do not sell consumers' personal data. If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient details so that we can delete that information.

Your rights under the CCPA

The CCPA gives California residents certain rights with respect to their personal information. If you are a California resident, you have the following rights:

  • The right to be informed. You have the right to be informed about which categories of personal data are collected and for which purposes the personal data are used.
  • The Right to Request. Under the CCPA, you have the right to request that we disclose to you information about the collection, use, sale, disclosure for business purposes, and transfer of personal information. Once we receive and acknowledge your request, we will disclose it to you:
  • The categories of personal information we have collected about you
  • The categories of sources for the personal information we have collected about you
  • Our business or commercial purpose for collecting or selling this personal information is to
  • The categories of third parties with whom we share this personal information are as follows
  • The specific personal information we have collected about you
  • If we have sold your personal data or disclosed your personal data for a business purpose, we will tell you about it:
  • The categories of personal data sold
  • The categories of personal data disclosed
  • The right to refuse the sale of personal data (opt-out). You have the right to instruct us not to sell your personal data. To make an opt-out request, please contact us.
  • The right to erasure of personal data. You have the right, subject to certain exceptions, to request the erasure of your personal data. Once we have received and acknowledged your request, we will delete your personal data from our records (and instruct our service providers to delete it) unless an exception applies. We may deny your request for erasure if retaining the data is necessary for us or our service providers to:
  • complete the transaction for which we collected the personal information, provide a good or service requested by you, take action reasonably expected as part of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detecting security incidents, protecting against malicious, fraudulent or illegal activities or prosecuting those responsible for such activities.
  • Troubleshoot products to identify and correct errors that affect intended functionality.
  • Exercising the right to freedom of expression, guaranteeing another consumer's right to freedom of expression or exercising any other right provided by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Public or peer-reviewed scientific, historical or statistical research in the public interest that complies with all other applicable ethical and data protection requirements, where deletion of the data would be likely to make the success of the research impossible or seriously prejudice it, provided you have given your prior consent.
  • To allow only internal uses that are reasonably consistent with consumer expectations based on your relationship with us.
  • comply with a legal obligation.
  • other internal and lawful uses of this information that are consistent with the context in which you provided it.
  • The right not to be discriminated against. You have the right not to be discriminated against when exercising any of your consumer rights, including by:
  • Refusal of goods or services to you
  • Charging different prices or rates for goods or services, including granting discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to you
  • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising your CCPA privacy rights

If you are a California resident, you may contact us to exercise your rights under the CCPA:

  • By e-mail: support@absentify.com

Only you or a person registered with the California Secretary of State whom you have authorised to act on your behalf may make a verifiable request regarding your personal information.

Your request to Us must:

  • Provide sufficient information to enable us to reasonably verify that you are the person about whom we have collected personal information or an authorised representative
  • Describe your request in sufficient detail for us to properly understand, evaluate and respond to it

We cannot answer your request or provide you with the information you need if we cannot do so:

  • verify your identity or your authority to make the application
  • and confirm that the personal information relates to you

We will provide and deliver the required information free of charge within 45 days of receipt of your verifiable request. The period for providing the required information may be extended once for a further 45 days if reasonably necessary and with prior notice.

Any disclosures we make relate only to the 12-month period prior to receipt of the verifiable request.

For data portability requests, we will choose a format for providing your personal data that is easy to use and should allow you to transfer the data from one location to another without hindrance.

Do not sell my personal information

The service providers we work with (e.g. our analytics or advertising partners) may use technology as part of the service that sells personal information as defined by the CCPA Act. If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential CCPA sales, you may do so by following the instructions below.

Please note that each opt-out is specific to the browser you are using. You may need to disable the option in each browser you use.

Website

You can opt out of receiving personalised advertising as provided by our service providers by following our instructions in the Service:

When you log out, a cookie is stored on your computer that is only valid for the browser you use to log out. If you change browsers or delete the cookies stored by your browser, you must log out again.

Mobile devices

Your mobile device may offer you the option to opt out of the use of information about the apps you use to present you with advertising tailored to your interests:

  • "Opt-out of interest-based advertising" or "Opt-out of personalised advertising" on Android devices
  • "Restrict ad tracking" on iOS devices

You can also stop collecting location information from your mobile device by changing the settings on your mobile device.

"Do Not Track Policy under the California Online Privacy Protection Act (CalOPPA)

Our service does not respond to Do Not Track signals.

However, some third-party websites track your browsing activity. When you visit such websites, you can set preferences in your web browser to tell the websites that you do not want to be tracked. You can enable or disable DNT by going to the preferences or settings page of your web browser.

Data protection for children

Our service is not directed to anyone under the age of 13. We do not knowingly collect personal information from anyone under the age of 13. If you are a parent or guardian and know that your child has provided us with personal information, please contact us. If we learn that we have collected personal information from anyone under 13 without verifying parental consent, we will take steps to remove that information from our servers.

If we need to rely on consent as the legal basis for processing your data and your country requires the consent of a parent, we may require your parent's consent before collecting and using that data.

Your California Privacy Rights (California's "Shine the Light" Law)

Pursuant to California Civil Code Section 1798 (California's Shine the Light law), California residents who have a business relationship with us may request information once a year about the disclosure of their personal information to third parties for their direct marketing purposes.

If you would like to request more information under California's Shine the Light law and are a California resident, you may contact us using the contact information below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

Pursuant to California Business and Professions Code Section 22581, California residents under the age of 18 who are registered users of online sites, services or applications may request and obtain removal of content or information they have posted publicly.

If you are a California resident and would like to request deletion of this information, you may contact us using the contact information provided below and include the email address associated with your account.

Be aware that your request does not guarantee complete or comprehensive removal of any content or information posted online and that the law may not permit or require removal in certain circumstances.

Last updated: October 10, 2022

Download PDF:absentify.com – Data Processing Agreement (Oct 2022)