Data privacy

1. Introduction

With the following information we would like to give you as the “data subject” an overview of the processing of your personal data by us and your rights under data protection laws. In principle, it is possible to use our website without entering any personal data. However, if you would like to use special services of our company via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain your consent.

The processing of personal data, such as your name, address or e-mail address, is always in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to digital balance gmbh. By means of this data protection declaration, we would like to inform you about the scope and purpose of the personal data we collect, use and process.

As the person responsible for processing, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us in alternative ways, for example by telephone or post. 

2. Responsible

Responsible in the sense of the DS-GVO is the:

digital balance gmbh
Rundeturmstr. 16
64283 Darmstadt

Telefon: 06151 1373628
E-Mail: smart@digital-balance.world

Head of the responsible office: Nancy Graf

You can reach our data protection officer at datenschutz@digital-balance.world or at our postal address with the addition “Data Protection Officer”.

3. Definitions

The data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

3.1 Personal Data

Personal data is any information relating to an identified or identifiable natural person. A natural person is considered to be identifiable if, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features, the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified.

3.2 Affected person

Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).

3.3 Processing

Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data such as collecting, recording, organizing, organizing, storing, adapting or changing, reading out, querying, using, disclosure by transmission, distribution or any other form of making available, matching or linking, restriction, deletion or destruction.

3.4 Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.

3.5 Profiling

Profiling is any type of automated processing of personal data, which consists in using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict that natural person’s preferences, interests, reliability, behavior, whereabouts or relocation.

3.6 Pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data not assigned to an identified or identifiable natural person.

3.7 Processors

Processor is a natural or legal person, public authority, institution or other body that processes personal data on behalf of the person responsible.

3.8 Recipients

Recipient is a natural or legal person, public authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients.

3.9 Third Party

Third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or the processor, are authorized to process the personal data.

3.10 Consent

Consent is any expression of will voluntarily given by the data subject in an informed manner and unequivocally for the specific case in the form of a declaration or other clear confirmatory action with which the data subject indicates that they consent to the processing of their personal data is.

4. Legal Basis for Processing

Article 6 paragraph 1 lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary to fulfill a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 paragraph 1 lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in the case of inquiries about our products or services.

If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Article 6 (1) (c) GDPR.

In rare cases, the processing of personal data could become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Article 6 Paragraph 1 Letter d GDPR.

Ultimately, processing operations could be based on Article 6(1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is to protect a legitimate interest of our company or a third party

is necessary, provided that the interests, fundamental rights and fundamental freedoms of the person concerned do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47 sentence 2 DS-GVO).

5. Technique

5.1 SSL/TLS Encryption

This site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the fact that in the address line of the browser there is “https://” instead of “https://” and by the lock symbol in your browser line.

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

5.2 Data collection when visiting the website

If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (in so-called “server log files”). Our website collects a range of general data and information each time you or an automated system access a page. This general data and information is stored in the log files of the server. The can be recorded

browser types and versions used,
the operating system used by the accessing system,
the website from which an accessing system reaches our website (so-called referrer),
the sub-websites, which are controlled via an accessing system on our website,
the date and time of access to the website,
an internet protocol address (IP address),
the internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required in order to

deliver the content of our website correctly,
to optimize the content of our website and the advertising for it,
to ensure the permanent functionality of our IT systems and the technology of our website as well as
to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack.

This collected data and information is therefore evaluated by us on the one hand statistically and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The data of the server log files are stored separately from all personal data provided by an affected person.

The legal basis for data processing is Article 6 Paragraph 1 Clause 1 Letter f GDPR. Our legitimate interest follows from the data collection purposes listed above.

6. Cookies

We use cookies on our website. These are small files that your browser creates automatically and that are stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not damage your end device and do not contain viruses, Trojans or other malware.

Information is stored in the cookie that arises in connection with the specific end device used. However, this does not mean that we are immediately informed of your identity.

On the one hand, the use of cookies serves to make the use of our offer more pleasant for you. We use so-called session cookies to recognize that you have already visited individual pages on our website. These are automatically deleted after leaving our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a specific period of time. If you visit our site again to make use of our services, it will automatically be recognized that you have already been with us and what inputs and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These cookies enable us to automatically recognize when you visit our site again that you have already been with us. These cookies are automatically deleted after a defined period of time.

The data processed by cookies are required for the purposes mentioned, e.g

Necessary to safeguard our legitimate interests and those of third parties in accordance with Article 6 (1) sentence 1 lit. f GDPR.

Most browsers accept cookies automatically. However, you can configure your browser in such a way that no cookies are stored on your computer or that a message always appears before a new cookie is created. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.

7. Content of our website

7.1 Contact / contact form

When contacting us (e.g. via contact form or e-mail), personal data is 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. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Article 6 Paragraph 1 Letter f of the GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Article 6 (1) (b) GDPR. Your data will be deleted after your request has been finally processed. This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and provided that there are no legal storage obligations to the contrary.

7.2 Application management / job exchange

We collect and process the personal data of applicants for the purpose of handling the application process. The processing can also take place electronically. This is particularly the case if an applicant sends us relevant application documents electronically, for example by e-mail or via a web form on the website. If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests on our part. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

In this respect, data processing takes place solely on the basis of our legitimate interest in accordance with Article 6 (1) (f) GDPR.

7.3 Event platform with registration – xCoordinator

Our website gives you the opportunity to register on our event platform xCoordinator as an independent specialist consultant for POS use and as a manufacturer for project allocation and to use the platform for this purpose.

The data collected for this will only be used to process and process the registration, creation and maintenance of your application details and billing.

The data will be passed on to authorized third parties within the EU to fulfill the contract. There is no processing by unauthorized third parties or outside the EU.

The application sets a so-called session cookie during use. This is deleted with logout. The processing of the data processed as part of the setting of the cookie is based on Section 15 (3) TMG and Article 6 (1) lit. a GDPR (consent) and lit. f GDPR (legitimate interest in the above purposes).

8. Newsletter dispatch

8.1 Newsletter dispatch to existing customers

If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers for goods or services from our range by e-mail that are similar to those you have already purchased. According to Section 7 (3) UWG, we do not have to obtain your separate consent for this. In this respect, data processing takes place solely on the basis of our legitimate interest in personalized direct advertising in accordance with Article 6 (1) (f) GDPR. If you initially objected to the use of your e-mail address for this purpose, we will not send you an e-mail. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the person responsible named at the beginning. You only incur transmission costs for this according to the basic tariffs. After receipt of your objection, the use of your e-mail address for advertising purposes will be stopped immediately.

You can also unsubscribe from the newsletter using a corresponding link in each newsletter.

8.2 Mailchimp

Our e-mail newsletter is sent via the technical D

Service provider The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (https://www.mailchimp.com/), to whom we send you when you register for the newsletter share the data provided. This transfer takes place in accordance with Article 6 (1) (f) GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. Please note that your data is usually transferred to a MailChimp server in the USA and stored there.

MailChimp uses this information to send and statistically evaluate the newsletter on our behalf. For the evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on our website. In this way it can be determined whether a newsletter message has been opened and which links have been clicked on. Technical information is also recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is collected exclusively in pseudonymised form and is not linked to your other personal data; direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyzes can be used to better adapt future newsletters to the interests of the recipients.

If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter.

Furthermore, MailChimp can use this data in accordance with Article 6 (1) (f) GDPR itself based on its own legitimate interest in the needs-based design and optimization of the service and for market research purposes, for example to determine which countries the recipients come from . However, MailChimp does not use the data of our newsletter recipients to write to them ourselves or to pass them on to third parties.

To protect your data in the USA, we have concluded a data processing agreement (“Data Processing Agreement”) with MailChimp based on the standard contractual clauses of the European Commission in order to enable the transmission of your personal data to MailChimp. If you are interested, this data processing contract can be viewed at the following Internet address: https://mailchimp.com/legal/forms/data-processing-agreement/.

MailChimp is also certified under the US-European data protection agreement “Privacy Shield” and is thus committed to complying with EU data protection regulations.

You can view MailChimp’s privacy policy here: https://mailchimp.com/legal/privacy/

9. Our activities on social networks

So that we can also communicate with you in social networks and inform you about our services, we are represented there with our own pages.

We are not the original provider (responsible person) of these pages, but only use them within the scope of the possibilities offered to us by the respective provider.

Therefore, as a precautionary measure, we would like to point out that your data may also be processed outside the European Union or the European Economic Area. Use can therefore have data protection risks for you, since it can make it more difficult to protect your rights, e.g. to information, deletion, objection, etc., and processing in the social networks is often carried out directly by the provider for advertising purposes or to analyze user behavior, without this can be influenced by us. If usage profiles are created by the provider, cookies are often used or the usage behavior is assigned directly to your own member profile of the social networks (if you are logged in here).

The processing operations of personal data described are carried out in accordance with Article 6 Paragraph 1 lit be able. If you have to give your consent to data processing as a user with the respective providers, the legal basis relates to Article 6(1)(a) GDPR in conjunction with Article 7 GDPR.

Since we have no access to the data stocks of the providers, we would like to point out that it is best to assert your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. We have listed below further information on the processing of your data in the social networks and the possibility of exercising your right of objection or revocation (so-called opt-out) from the respective provider of social networks used by us:

10.1 Facebook

Responsible for data processing in Europe:

Facebook Ireland Ltd., 4 grand

Canal Square, Grand Canal Harbour, Dublin 2, Ireland

Privacy Policy (Privacy Policy):
https://www.facebook.com/about/privacy

Opt-Out and Advertising Preferences:
https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen

Facebook is the EU-U.S. Joined the Privacy Shield Agreement:
https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

10. Web Analysis

10.1 Google Analytics

On our websites we use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.de/intl/de/about/) (Gordon House, Barrow Street, Dublin 4, Ireland; hereinafter “Google”) . In this context, pseudonymised usage profiles are created and cookies (see “Cookies”) are used. The information generated by the cookie about your use of this website such as

browser type/version,
operating system used,
referrer URL (the previously visited page),
host name of the accessing computer (IP address),
time of server request,

are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and the needs-based design of these websites. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).

You can prevent the installation of cookies by setting the browser software accordingly; we would like to point out to you however that in this case not all functions of this website can be used in full.

Google Analytics is used in the interest of optimizing and designing our website to meet needs. This represents a legitimate interest within the meaning of Article 6 (1) (f) GDPR.

You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https: //tools.google.com/dlpage/gaoptout?hl=de).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on the following link: Disable Google Analytics. An opt-out cookie will be set to prevent future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics help (https://support.google.com/analytics/answer/6004245?hl=de).

11. Your rights as a data subject

11.1 Right to Confirmation

You have the right to request confirmation from us as to whether personal data relating to you is being processed.

11.2 Right to information Art. 15 DS-GVO

You have the right to receive information from us free of charge about the personal data stored about you and a copy of this data at any time.

11.3 Right to rectification Art. 16 GDPR

You have the right to request the correction of inaccurate personal data concerning you. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data.

11.4 Deletion Art. 17 GDPR

You have the right to request that we delete the personal data relating to you immediately if one of the statutory reasons applies and if the processing is not necessary.

11.5 Restriction of processing Art. 18 GDPR

You have the right to demand that we restrict processing if one of the legal requirements is met.

11.6 Data portability Art. 20 GDPR

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 transmit this data to another person responsible without hindrance from us, to whom the personal data was provided, provided that the processing is based on the consent in accordance with Article 6 Paragraph 1 lit. a GDPR or Article 9 Paragraph 2 lit. a GDPR or on a contract in accordance with Article 6 Paragraph 1 lit. b GDPR

VO is based and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been delegated to us.

Furthermore, when exercising your right to data transferability in accordance with Art. 20 Para. 1 DS-GVO, you have the right to have the personal data transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible and insofar as this is not the case the rights and freedoms of other people are impaired.

11.7 Objection Art. 21 GDPR

You have the right, for reasons that arise from your particular situation, at any time against the processing of personal data concerning you, which is based on Article 6 Paragraph 1 lit. e (data processing in the public interest) or f (data processing on the basis of a Weighing of interests) DS-GVO takes place to file an objection.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 DS-GVO.

If you file an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

In individual cases, we process personal data in order to operate direct advertising. You can object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling insofar as it is associated with such direct advertising. If you object to us processing for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, you have the right, for reasons arising from your particular situation, to object to the processing of personal data relating to you, which we carry out for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS-GVO object, unless such processing is necessary to fulfill a task in the public interest.

In connection with the use of information society services, you are free to exercise your right of objection by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.

11.8 Withdrawal of consent under data protection law

You have the right to revoke your consent to the processing of personal data at any time with effect for the future.

11.9 Complaint to a supervisory authority

You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.

12. Routine storage, deletion and blocking of personal data

We process and store your personal data only for the period necessary to achieve the purpose of storage or if this is provided for by the legal provisions to which our company is subject.

If the purpose of storage no longer applies or if a prescribed storage period expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

13. Duration of storage of personal data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, provided they are no longer required to fulfill the contract or to initiate a contract.

This data protection declaration is currently valid and has the status of March 2019.

Due to the further development of our website and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website at https://www.bap-marketing.com/datenschutz/.