Privacy policy

Last updated September 2018

1. Name and address of the controller

The controller in the sense of the General Data Protection Regulation and other national data protection acts of the Member States, as well as other data protection legislation, is:

Elastique. GmbH
Balthasarstr. 79
50670 Cologne
Germany
022135503450
mail@elastique.de
www.elastique.de

 

2. The data protection officer of the controller is:


DataCo GmbH
Kivanc Semen
Dachauer Strasse 65
80335 Munich
Germany
datenschutz@dataguard.de
www.dataguard.de

 

3. General information on data processing

1. Scope of the processing of personal data

Generally speaking, we only process the personal data of our users in so far as necessary to provide a functional website as well as our content and services. As a rule, the personal data of our users are only processed with the consent of the user. This does not apply to cases in which prior consent cannot be obtained for practical reasons and the processing of the data is permitted by statutory provisions.


2. Legal grounds for the processing of personal data

When we obtain the consent of a data subject to the processing of personal data, point (a) of Article 6 (1) of the European General Data Protection Regulation (GDPR) serves as the legal grounds. Point (b) of Article 6 (1) GDPR serves as the legal grounds for the processing of personal data where the processing is necessary for the performance of a contract to which the data subject is party. This also applies to data processing that is necessary to take steps prior to entering into a contract. Point (c) of Article 6 (1) GDPR serves as the legal grounds for the processing of personal data where processing is necessary for compliance with a legal obligation to which our company is subject. Point (d) of Article 6 (1) GDPR serves as the legal grounds if processing is necessary in order to protect the vital interests of the data subject or of another natural person. Point (f) of Article 6 (1) GDPR serves as the legal grounds where processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.


3. Erasure of data and duration of storage

The personal data of the data subject will be erased or blocked as soon as the purpose for which they were stored has been achieved. Data can only be stored beyond this point if provided for by European or national legislation in European regulations, laws or other ordinance to which the controller is subject. The data will then be blocked or erased at the end of a storage period prescribed by these legal standards unless it is necessary to continue storing the data for the conclusion or performance of a contract.

4. Rights of the data subject

If personal data concerning you are processed, you are a data subject in the sense of the GDPR and you have the following rights with regard to the controller:

1. Right of access

You can demand confirmation from the controller whether or not personal data concerning you are being processed by us. If your data are being processed, you can request the following information from the controller:

  • - the purpose for which the personal data are being processed;
  • - the categories of personal data that are being processed;
  • - the recipients or categories of recipient to which personal data concerning you have been or are being disclosed;
  • - the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
  • - the existence of a right to rectify or erase the personal data concerning you, a right to restrict processing by the controller or a right to object to such processing;
  • - the existence of a right to lodge a complaint with a supervisory authority;
  • - all available information on the origins of the data if the personal data were not obtained from the data subject;
  • - the existence of automated individual decision-making, including profiling, in the sense of Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You are entitled to demand information on whether or not the controller intends to transfer personal data to a recipient in a third country or international organisation. In this context, you can request information on the appropriate safeguards referred to in Article 46 GDPR in connection with the transfer.

2. Right to rectification

You are entitled to obtain from the controller the rectification and/or completion of the personal data concerning you, provided that they are inaccurate or incomplete. The controller must carry out the rectification without undue delay. Your right to rectification can be restricted in so far as such a right is likely to render impossible or seriously impair the achievement of the purposes of the research or statistics and the derogation is necessary for the fulfilment of those purposes.


3. Right to restriction of processing

Under the following circumstances, you can demand the restriction of the processing of the personal data concerning you:

  • - if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
  • - the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  • - the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
  • - if you have objected to processing pursuant to Article 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your own.

Where processing of personal data concerning you has been restricted, such personal data shall, with the exception of storage, 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 Union or of a Member State.
If processing has been restricted in line with the criteria above, you will be informed by the controller before the restriction of processing is lifted.


4. Right to erasure

a) Duty of erasure

You are entitled to obtain from the controller the erasure of personal data concerning you without undue delay and the controller is obliged to erase personal data without undue delay where one of the following grounds applies:

  • - The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • - You withdraw consent on which the processing is based according to point (a) of Article 6 (1) GDPR or point (a) of Article 9 (2) GDPR, and where there is no other legal ground for the processing.
  • - You object to the processing pursuant to Article 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21 (2) GDPR.
  • - The personal data concerning you have been unlawfully processed.
  • - The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • - The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) GDPR.
 
b) Notification of third parties

Where the controller has made the personal data concerning you public and is obliged pursuant to Article 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, the data subject, have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
 

c) Exceptions

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

  • - for exercising the right of freedom of expression and information;
  • - for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • - for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9 (2) GDPR as well as Article 9 (3) GDPR;
  • - for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89 (1) GDPR in so far as the right referred to in section (a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
  • - for the establishment, exercise or defence of legal claims.

5. Right to notification

The controller shall communicate any rectification or erasure of personal data or restriction of processing to which you have exercised your right to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller must inform you about those recipients if you request it.


6. Right to data portability

You are entitled to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format. Additionally, you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  • - the processing is based on consent pursuant to point (a) of Article 6 (1) GDPR or point (a) of Article 9 (2) GDPR or on a contract pursuant to point (b) of Article 6 (1) GDPR; and
  • - the processing is carried out by automated means.

In exercising your right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This may not adversely affect the rights and freedoms of others. The right to data portability does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.


7. Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6 (1) GDPR, including profiling based on those provisions. The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. In the context of the use of information society services, and Directive 2002/58/EC notwithstanding, you may exercise your right to object by automated means using technical specifications.

Where personal data concerning you are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) GDPR, you are also entitled, on grounds relating to your particular situation, to object to the processing. Your right to object can be restricted in so far as such a right is likely to render impossible or seriously impair the achievement of the purposes of the research or statistics and the derogation is necessary for the fulfilment of those purposes.


8. Right to withdraw consent

You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.


9. Automated individual decision-making, 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:

  • - is necessary for entering into, or performance of, a contract between you and the data controller;
  • - is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
  • - is based on your explicit consent.

However, these decisions may not be based on special categories of personal data referred to in Article 9 (1) GDPR, unless point (a) or (g) of Article 9 (2) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In the cases referred to in points (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the General Data Protection Regulation. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR.

 

1. Provision of the website and generation of log files

1. Description and scope of data processing

Whenever you visit our website, our system automatically collects data and information from your computer. The following data are collected:

  • - Browser type including version
  • - Operating system
  • - The Internet service provider of the user
  • - Date and time of the visit
  • - The last website the user was on before ours

The data are stored in log files on our system. This does not apply to the IP addresses of the user or other data that facilitate the association of the data to a user. These data are not stored together with other personal data of the user.

2. Legal grounds for data processing

Point (f) of Article 6 (1) GDPR serves as the legal grounds for the temporary storage of the data and log files.

3. Purpose of data processing

The temporary storage of an IP address by the system is necessary for the purpose of transmitting the website to the computer of the user. The IP address of the user has to be stored for the duration of the session. We also have a legitimate interest in data processing for these purposes in accordance with point (f) of Article 6 (1) GDPR. Data are stored in log files to guarantee the functionality of the website. Additionally, the data enable us to optimise the website and ensure the security of our IT systems. The data are not evaluated for marketing purposes in this context.

4. Duration of storage

The data are erased as soon as they are no longer necessary for the achievement of the purpose for which they were collected. If the data have been collected in order to make the website available, they will be deleted when the session ends. If the data have been stored in log files, they will be deleted within no more than seven days. They can be stored for longer. In this case, the IP addresses of the user will be deleted or anonymised in order to prevent them from being associated with the visiting client.

5. Rights to object and erasure

The collection of the data in order to make the website available and the storage of the data in log files is absolutely necessary for the operation of the website. Therefore, the user has no right to object.

6. Use of cookies

1. Description and scope of data processing

Our website uses cookies. Cookies are text files which are stored in or by the Internet browser on your computer. When you visit a website, a cookie can be installed on your operating system. This cookie contains a distinctive character string that makes it possible to unequivocally identify the browser when it visits the website again. Additionally, we use cookies on our website to analyse the surfing habits of users.
This way, the following data can be transmitted:

  • - Google Analytics cookie. For tracking user actions such as page visits and documenting whether the cookie notice has already been displayed.

The user data collected in this way are pseudonymised as a technical precaution. As such, the data can no longer be associated with the visiting user. The data are not stored together with other personal data belonging to users. When visiting our website, the user is notified of the use of cookies for analytical purposes by an information banner and referred to this privacy policy. In this context, the user is also informed how to prevent the storage of cookies by changing the settings of his or her browser. Upon visiting our website, the user will be notified of the use of cookies for analytical purposes and prompted to consent to the processing of personal data used in this context. Additionally, reference is made to this privacy policy in this regard.

2. Legal grounds for data processing

Point (f) of Article 6 (1) GDPR serves as the legal grounds for the processing of personal data collected by technically necessary cookies. When consent has been granted, point (a) of Article 6 (1) GDPR serves as the legal grounds for the processing of personal data collected by cookies for analytical purposes.

3. Purpose of data processing

Technically necessary cookies are used to simplify the use of the website for the user. Some features of our website cannot be provided without cookies. They require the browser to be identifiable even after a change of page.

The user data collected by technically necessary cookies will not be used to generate user profiles.
The analytical cookies are used to improve the quality of our website and its content. Using the analytical cookies, we find out how the website is used and as such can continuously optimise it.
We also have a legitimate interest in processing personal data for these purposes in accordance with point (f) of Article 6 (1) GDPR.

4. Duration of storage, rights to object and erasure

Cookies are stored on the computer of the user and transmitted to our website from there. Therefore, as the user, you have full control over the use of cookies. You can change the settings in your browser to deactivate or limit the transfer of cookies. Cookies that are already on your computer can be deleted at any time. This can even be done automatically. If cookies are deactivated for our website, this might result in some of the features of the website not being fully available.

7. Newsletter

1. Description and scope of data processing

Users of our website can subscribe to a free newsletter. When you subscribe to the newsletter, the data you enter in the form are transmitted to us, specifically your email address. Your consent to the processing of the data will be requested as part of the subscription process and you will be referred to this privacy policy. If you purchase goods or services on our website and provide your email address in the process, we can then use it to send newsletters. In such a case, the newsletter will only contain direct advertising for similar goods or services provided by us. No data are disclosed to third parties in connection with the processing of data for the purposes of sending newsletters. The data will be used exclusively for the purposes of sending the newsletter.

2. Legal grounds for data processing

When the user has provided consent, point (a) of Article 6 (1) GDPR serves as the legal grounds for the processing of data after the user has subscribed to the newsletter. The legal grounds for sending the newsletter due to the sale of goods or services are provided by Section 7 (3) of the German Act Against Unfair Competition (UWG).

3. Purpose of data processing

The email address of the user is collected in order to send the newsletter. The collection of other personal data as part of the registration process serves to prevent the misuse of the services or email address in question.

4. Duration of storage

The data are erased as soon as they are no longer necessary for the achievement of the purpose for which they were collected. We will store the email address of the user for as long as the newsletter subscription is active. The other personal data collected during the subscription process are normally erased after seven days.

5. Rights to object and erasure

The user can unsubscribe from the newsletter at any time. Every newsletter contains an unsubscribe link for this purpose. The link can also be used to withdraw consent to the storage of the personal data collected during the registration process.

8. Contact form and email correspondence

1. Description and scope of data processing

Additionally, users of our website can register by providing personal data. The data are entered into a form and sent to us and then stored by us. No data are shared with third parties. As part of the registration process, the user is required to consent to the processing of such data. Alternatively, the email address provided can be used to get in contact. In this case, the personal data of the user that are transmitted along with the email will be stored. In this context, no data are disclosed to third parties. The data will be used exclusively for the purposes of the correspondence.

2. Legal grounds for data processing

When the user has provided consent, point (a) of Article 6 (1) GDPR serves as the legal grounds for the processing of data. Point (b) of Article 6 (1) GDPR also serves as the legal grounds for the processing of data if the purpose of the registration is the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

3. Purpose of data processing

The user is required to register in order for certain content and services to be retained on our website. The user is required to register in order to execute a contract with the user or take steps prior to entering into a contract.

4. Duration of storage

The data are erased as soon as they are no longer necessary for the achievement of the purpose for which they were collected. This is the case for the data collected during the registration process if the registration on our website is cancelled or changed. This is the case for data collected during the registration process in order to perform a contract or take steps prior to entering into a contract if the data are no longer necessary for the performance of the contract. Even after the conclusion of the contract, it might be necessary to store personal data concerning the contractual partner in order to comply with contractual or statutory obligations.

5. Rights to object and erasure

As a user, you are entitled to cancel the registration at any time. You can have the stored data concerning you modified at any time. If the data are necessary for the performance of a contract or to take steps prior to entering into a contract, the data can only be erased prematurely as long as the erasure does not conflict with any contractual or statutory obligations.

9. Applications by email

1. Description and scope of data processing

You can send us your application by email. In the process, we will store your email address and the data you share in the email. After you send your application, we will email you confirmation that your application has been received. Your personal data are not shared with third parties. The data will be used exclusively for the purposes of processing your application.

2. Legal grounds for data processing

Point (a) of Article 6 (1) GDPR and Section 26 of the German Federal Data Protection Act (BDSG) provide the legal grounds for processing your data.

3. Purpose of data processing

Processing the personal data from your application email only serves to process your application.

4. Duration of storage

The data are erased as soon as they are no longer necessary for the achievement of the purpose for which they were collected. This is the case for the personal data sent by email when the conversation with the user is finished. The conversation will be considered ended when the circumstances imply that the matter in question has been resolved. The additional personal data collected during the sending process will be erased within no more than seven days.

5. Rights to object and erasure

The user can revoke his or her consent to the processing of personal data at any time. If the user contacts us by email, he or she can object to the storage of his or her personal data at any time. In this case, the conversation cannot be continued. In this case, all personal data stored as part of the correspondence will be erased.

10. Plug-ins

Use of Google Analytics

1. Scope of the processing of personal data

Our website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.(‘Google’). Google Analytics uses ‘cookies’; text files that are stored on your computer and that enable analysis of how you use the website. The information generated by the cookie about your use of this website is sent to a Google server in the USA and stored there. If IP anonymisation is active on this website, Google will shorten your IP address in advance and within the Member States of the EU or other signatories to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the USA and shortened there. IP anonymisation is active on this website. Google will use this information on behalf of the operator of this website for the purposes of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Your IP address sent by your browser through Google Analytics will not be associated with any other data held by Google. You can prevent the installation of cookies by adjusting the settings of your browser software accordingly. However, please note that, if you should choose to do so, you might not be able to use all of the features of this website.

2. Legal grounds for the processing of personal data

Point (f) of Article 6 (1) GDPR provides the legal grounds for processing.

3. Purpose of data processing

The purpose of processing the personal data is to appeal strategically to a target group that has already shown interest by visiting the website.

4. Duration of storage

Application data in server log files are anonymised in that Google, according to its own information, erases parts of the IP address and cookie information after nine and 18 months.

5. Rights to object and erasure

Additionally, you can prevent Google from collecting or processing the data generated by the cookie concerning your use of our website (including your IP address) by downloading and installing the browser plug-in using the following link: tools.google.com/dlpage/gaoptout. For more information, see https://policies.google.com/privacy?hl=us .

Use of Vimeo

1. Scope of the processing of personal data

Our website uses the Vimeo plug-in provided by Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA. When you visit our website, your browser will establish a connection with the Vimeo servers in the USA. Information concerning your visit to our website will be sent to Vimeo along with your IP address. This happens regardless of whether or not you have a Vimeo account or are logged into it. If you are logged in, Vimeo can associate the data it collects with your account.

2. Legal grounds for the processing of personal data

Point (f) of Article 6 (1) GDPR serves as the legal grounds for the processing of personal data of users.

3. Purpose of data processing

The Vimeo plug-in is provided in order to improve the user-friendliness of our website.

4. Duration of storage

We have no information regarding the duration of storage.

5. Rights to object and erasure

For more information about the purpose and scope of data collection by Vimeo, see vimeo.com/privacy.

This privacy policy was generated with the support of DataGuard.