Privacy Policy

1 Contact data

Responsible

Responsible person in the sense of the EU General Data Protection Regulation as well as the national data protection laws and other provisions is as follows:

UNIBERG GmbH

Dorfstraße 3

23816 Bebensee

Germany

Telephone: +49 4552 97 99 99 9-0

Fax: +49 4552 97 99 99 9-8

info(at)uniberg.com

Contact details of the data protection officer of UNIBERG GmbH

You can reach the data protection officer of UNIBERG GmbH as follows:

Data Protection Officer of UNIBERG GmbH

Dorfstraße 3

23816 Bebensee

Germany

privacy@uniberg.com

2 General information

2.1 Scope of the processing of personal data

As a matter of principle, we only process your personal data insofar as this is necessary to provide a functional website and our content and services. Personal data is regularly processed only after your consent. An exception applies in those cases in which obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by legal regulations.

2.2 Legal basis for the processing of personal data

Insofar as we obtain consent for processing operations of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which you are a party, Art. 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which UNIBERG GmbH is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) lit. d GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of UNIBERG GmbH or a third party and if the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f GDPR serves as the legal basis for the processing.

2.3 Data deletion and storage duration

Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies. A storage can take place beyond that, if this was provided by the European or national legislator in union-legal regulations, laws or other regulations, to which UNIBERG GmbH is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or fulfillment of a contract.

3 Data processing on our internet presence www.uniberg.com

3.1 Server-Logfiles

3.1.1 Type and scope of data processing

Each time you visit our website, our system uses your IP address of your client system.

3.1.2 Legal basis for data processing

The legal basis for the temporary storage of the data is Art. 6 para. 1 lit. f GDPR.

3.1.3 Purpose of data processing

The temporary storage of the IP address by our system is necessary to enable delivery of the website to your computer. For this, your IP address must remain stored for the duration of the session.

To ensure security and functionality, the IP address is also checked against security guidelines (e.g. so-called blacklists). However, the address is not stored in this case.

These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f GDPR.

3.1.4 Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

3.1.5 Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection.

3.2 Web analytics

3.2.1 Type and scope of data processing

Our internet presence uses Matomo, a web analytics service provided by https://matomo.org/. The software uses so-called “cookies”, which are text files placed on users’ computers, to help the website analyze how users use the site. We use Matomo “on-premise”, i.e. only the responsible party (and its processor, if applicable) is granted access to the data.

Our Internet presence uses Matomo exclusively with IP masking, which ensures anonymization of the IP address by shortening and excludes a direct personal reference. Through this function, your IP address is not stored and processed completely, but shortened and thus anonymized.

3.2.2 Purpose of data processing

Tracking (e.g. interest/behavior-based profiling), visit action evaluation, interest-based and behavior-based marketing, profiling (creation of user profiles), conversion measurement (measurement of the effectiveness of marketing measures), reach measurement (e.g. access statistics, recognition of returning visitors).

Legal basis: For the use of Matomo, you may give us your consent pursuant to Art. 6 (1) p. 1 lit. a GDPR, which you can revoke at any time with future effect by deselecting “Statistics” or “Matomo” in the cookie settings on our site.

3.2.3 Duration of storage

We store the anonymized data determined in this way for a maximum period of 14 months. After that, the data is deleted automatically.

3.2.4 Data recipient

Our webhoster domainfactory GmbH, Oskar-Messter-Str. 33, 85737 Ismaning, https://www.df.eu/

3.2.5 Possibility of objection and removal

Via the following link you can deactivate Matomo, i.e. object to the data processing for the future. Two cookies are then set for this purpose. A session cookie, which is deleted at the end of the browser session. And a persistent cookie with a storage period of 2 years.

3.3 Electronic contact

3.3.1 Type and scope of data processing

In the event that you contact us (e.g. via contact form, e-mail, telephone, fax), personal data will be collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. Without this mandatory information, we cannot process your request. All other information is voluntary.

3.3.2 Purpose of data processing and legal basis

We process your data to respond to your request.

Legal basis: Art. 6 para. 1 lit. b GDPR for pre- or contractual matters. Art. 6 para. 1 lit. a GDPR for your voluntary information. Art. 6 para. 1 lit. f GDPR for all other requests and the use of our technical service providers.

Legal basis: Art. 6 para. 1 lit. b GDPR for pre- or contractual matters. Art. 6 para. 1 lit. a GDPR for your voluntary information. Art. 6 para. 1 lit. f GDPR for all other requests and the use of our technical service providers. Legitimate interests: The processing using the service providers is based on our overriding legitimate interest in responding to your request in a secure, timely and professional manner.

3.3.3 Duration of storage

Your data will be deleted after final processing of your request. This is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary. In the case of pre- and contractual matters, your inquiry will be stored until the termination of the contract and then limited in processing. If there is no longer a legal reason to store the data, it will be deleted.

3.3.4 Data recipient

E-Mail service providers by using e-mails, webhoster and contact form requests (domainfactory GmbH, Oskar-Messter-Str. 33, 85737 Ismaning, https://www.df.eu/) as well as our CRM service provider Zoho Corporation B.V, Beneluxlaan 4B, 3527 HT UTRECHT, The Netherlands.

3.3.5 Third country transfers and appropriate safeguards

To the extent that non-anonymized data is transferred to the parent company Zoho Corporation, data processing takes place in India.

We have concluded an order processing agreement with Zoho in order to comply with data protection requirements.

3.4 Newsletter mailing

3.4.1 Type and scope of data processing

We send newsletters by e-mail to registered users with information about our company, products, services, promotions and offers. The newsletter is sent maximum monthly.

Double opt-in procedure: The registration for our newsletter is always done with a so-called double opt-in procedure. After registration, you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary to verify the accuracy of your e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address.

With the help of our service provider and its product “Zoho Campaigns”, it is possible for us to analyze 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 previously defined actions were performed after opening / clicking (conversion rate). We can thus recognize, for example, whether you have made a purchase after clicking on the newsletter. If you do not want any analysis by Zoho Campaigns, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in each newsletter message. Zoho Campaigns also allows us to subdivide (“cluster”) the newsletter recipients based on various categories. In doing so, the newsletter recipients can be subdivided according to age, gender or place of residence, for example. This way, the newsletters can be better adapted to the respective target groups. If you do not want any analysis by Zoho Campaigns, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. For detailed information on Zoho Campaigns features, please refer to the following link:

https://www.zoho.com/campaigns/features.html

Zoho Campaigns’ privacy policy can be found at:

https://www.zoho.com/privacy.html  und

https://www.zoho.com/gdpr.html

3.4.2 Purpose of data processing and legal basis

We send the newsletter for direct marketing and customer communication purposes.

Legal basis: When subscribing to our newsletter, the subscriber gives his/her consent (Art. 6 para. 1 p. 1 lit. a GDPR).

3.4.3 Duration of storage

Your data will be stored until you revoke it. Afterwards, they are restricted in processing and stored for up to three years in order to be able to prove a formerly granted consent in a legally compliant manner. This is done on the basis of our legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR) in proving data protection compliance.

3.4.4 Data recipient

We use the following service provider to send the newsletter:

Zoho Corporation B.V, Beneluxlaan 4B, 3527 HT UTRECHT, The Netherlands (Zoho Campaign)

3.4.5 Possibility of objection and removal

You can cancel the receipt of our newsletter at any time, i.e. revoke your consent, by informing us by e-mail (see above under “person responsible”) or by clicking on the link that can be found at the end of each newsletter. The revocation does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Obligation to provide: To send the newsletter, we need at least your valid e-mail address. Otherwise a sending is not possible.

3.4.6 Third country transfers and appropriate safeguards

To the extent that non-anonymized data is transferred to the parent company Zoho Corporation, data processing takes place in India.

We have concluded an order processing agreement with Zoho in order to comply with data protection requirements.

4 Data processing in connection with our prospects, customers, suppliers and other business partners

4.1 Prospect and customer management

4.1.1 Type and scope of data processing

As a prospect, customer, supplier or other business partner, you and your contact details are stored in our CRM system in order to manage the business relationship with you.

4.1.2 Purpose of data processing and legal basis

We process your data to maintain the business relationship with you.

Legal basis: Art. 6 para. 1 lit. b GDPR for pre- or contractual matters. Art. 6 para. 1 lit. a GDPR for your voluntary information. Art. 6 para. 1 lit. f GDPR for all other requests and the use of our technical service providers.

Legitimate interests: The processing using the service providers is based on our overriding legitimate interest in maintaining the business relationship in a secure, timely and professional manner.

4.1.3 Duration of storage

In the case of consent pursuant to Art. 6 (1) a GDPR, the data is stored until the data subject revokes his/her consent.

In the case of pre-contractual and contractual purposes pursuant to Art. 6 para. 1 lit. b GDPR, the data will be stored until the termination of the contract.

In the case of our overriding legitimate interest pursuant to Art. 6(1)(f) GDPR, the data will be stored until the data subject exercises his or her right to object pursuant to Art. 21(1) GDPR, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

4.1.4 Data recipient

Zoho Corporation B.V, Beneluxlaan 4B, 3527 HT UTRECHT, The Netherlands

4.1.5 Third country transfers and appropriate safeguards

To the extent that non-anonymized data is transferred to the parent company Zoho Corporation, data processing takes place in India.

We have concluded an order processing agreement with Zoho in order to comply with data protection requirements.

4.2 Video conferencing systems

4.1.1 Type and scope of data processing

We may conduct video conferences with our prospects, customers, suppliers or other business partners using various service providers.

4.1.2 Purpose of data processing and legal basis

We process your data to maintain the business relationship with you.

Legal basis: Overriding legitimate interests: The processing using the service providers is based on our overriding legitimate interest in the secure, timely and professional conduct of the video conference.

4.1.3 Duration of storage

The storage is done until the end of the videoconference.

4.1.4 Data recipient

For the use of Microsoft Teams: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA

For the use of Cisco Webex: Webex Communications Deutschland GmbH, Hansaallee 249, c/o Cisco Systems GmbH, 40549 Düsseldorf

Parent company: Cisco Systems, Inc., Corporate Headquarters, 170 West Tasman Dr., San Jose, CA 95134, USA

Privacy policy of Cisco: https://www.cisco.com/c/de_de/about/legal/privacy-full.html

4.1.5 Third country transfers and appropriate safeguards (Microsoft)

To the extent that non-anonymized data is transferred to Microsoft, the data processing takes place in the USA.

We have conducted a Data Protection Addendum with Microsoft, which is available here: https://www.microsoftvolumelicensing.com/DocumentSearch.aspx?Mode=3&DocumentTypeId=67

This regulates, among other things, that the EU standard contractual clauses according to Art. 46 Para. 2 GDPR were concluded with Microsoft in order to fulfill the data protection requirements.

4.1.6 Third country transfers and appropriate safeguards (Webex und Cisco)

To the extent that non-anonymized data is transferred to Cisco Systems Inc., the data processing takes place in the USA.

Cisco is subject to internal binding data protection regulations according to Art. 47 GDPR, which are available here:  https://www.cisco.com/c/de_de/about/trust-center/data-protection-and-privacy-policy.html

5 Rights of the person concerned

If personal data of you are processed, you are a data subject in the sense of the GDPR and you are entitled to the following rights against UNIBERG GmbH:

5.1 Right of information

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

If such processing exists, you can request information from us about the following:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data which are processed;

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

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

(5) the existence of a right to rectify or erase the personal data concerning you, a right to have the controller restrict the processing, or a right to object to such processing;

(6) the existence of a right of appeal to a supervisory authority;

(7) any available information on the origin of the data, if the personal data are not collected from the data subject;

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

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

5.2 Right of correction

You have a right of rectification and/or completion vis-à-vis UNIBERG GmbH, if the processed personal data concerning you are inaccurate or incomplete. UNIBERG GmbH shall carry out the rectification immediately.

5.3 Right to restriction of processing

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

(1) if you contest the accuracy of the personal data concerning you for a period enabling the responsible person to verify the accuracy of the personal data;

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

(3) the responsible person no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims; or

(4) if you have objected to the processing pursuant to Art. 21(1) GDPR and it is not yet clear whether the responsible person’s legitimate reasons prevail your reasons.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the union or a member state.

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

5.4 Right of deletion

5.4.1 Cancellation obligation

You may request the responsible person to delete the personal data concerning you immediately, and UNIBERG GmbH shall be obliged to delete such data immediately, if one of the following reasons applies:

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

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

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

(4) The personal data concerning you have been processed unlawfully.

(5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under union law or the law of the member states to which UNIBERG GmbH is subject.

(6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

5.4.2 Information for third parties

If UNIBERG GmbH has made public the personal data concerning you and is obliged to erase it pursuant to Article 17(1) of the General Data Protection Regulation, it shall take reasonable steps, including technical measures, to inform those who are responsible for processing the personal data, taking into account the available technology and the cost of implementation, that you, as a person concerned, have requested erasure of all links to or copies or replications of such personal data.

5.4.3 Exceptions

The right to erasure does not exist insofar as the processing is necessary to

(1) to exercise the right to freedom of expression and information;

(2) for compliance with a legal obligation which requires processing under union or member state law to which UNIBERG GmbH is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority, which has been carried out by the responsible person.

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

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

(5) to assert, exercise or defend legal claims.

5.5 Right of information

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

You have the right against us to be informed about these recipients.

5.6 Right of data portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to transfer this data to another responsible person without hindrance from us, provided that

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

(2) the processing is carried out with the aid of automated procedures.

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

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

5.7 Right of objection

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

We no longer process the personal data concerning you, unless he can demonstrate compelling legitimate reasons for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

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

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

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

5.9 Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you.This does not apply if the decision

(1) is necessary for the conclusion or fulfillment of a contract between you and UNIBERG GmbH,

(2) is permitted by legislation of the union or the member states to which the responsible person is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) is done with your expressed consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases mentioned in (1) and (3), we take appropriate measures to safeguard the rights and freedoms as well as your legitimate interests, which include at least the right to obtain the intervention of a person from UNIBERG GmbH, to express your point of view and to contest the decision.

5.10 Right to complain to a supervisory authority

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

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