Privacy

1. General information about data processing

In the following, we would like to inform you about our processing of your personal data, our data protection principles and your rights as a data subject.

This privacy policy applies both for the user of our website and for establishing and carrying out customer relations. It also applies for contact or supplier relations that you establish with us when subscribing to our newsletter, through advertising, creating a customer account, signing up for a webinar, using our blog and using our weclapp app. This privacy policy also applies if we refer to it explicitly elsewhere.

The controller is:

weclapp SE
Neue Mainzer Straße 66 – 68
60311 Frankfurt am Main, Germany

Phone: +49 69 333 90 1800
Email: info@weclapp.com

You can contact our data protection officer at:

weclapp SE
Data protection officer
Neue Mainzer Straße 66 – 68
60311 Frankfurt am Main, Germany

Email: datenschutz@weclapp.com

We process personal data that is collected within the scope of this privacy policy according to the relevant applicable statutory provisions concerning data protection, especially according to the EU General Data Protection Regulation (GDPR) and the (new) Federal Data Protection Act (BDSG) passed in this regard.

1.1. Data collection and origin of data

We collect the data that you provide to us while using our website.

We also collect data while establishing and arranging a customer relationship with you as a customer, while performing services and for billing purposes.

If you enter into “contact” with us (e.g. queries or offers for services via a contact form, newsletter subscription, submission of ideas), conclude supplier agreements with us or apply for a position at our company, we will collect and process this data to the extent required or appropriate in accordance with Art. 6 (f) GDPR.

When creating a customer account, we will collect data to the extent that you provide it.

If you download our weclapp app on your mobile device, we will collect the login data you enter.

We will also collect data from publicly accessible sources (e.g. commercial register, your website, press articles etc.) as far as permissible in accordance with Art. 6 (f) GDPR.

Personal data, that we collect and store in this way could include:

  • IP address and usage data when accessing website content;
  • Name and address and other contact details (phone numbers, email address, fax number etc.), register numbers, name and address of representatives, account information and relevant data for your responsible contact person as a customer procuring our services;
  • Name and contact details in the context of establishing and managing contacts or supplier relationships;
  • Email, password and desired web address when creating a customer account;
  • Name and email address when subscribing to the newsletter and mailing information for the respective newsletters;
  • Email address when submitting suggestions;
  • Email address during registration;
  • Name and email address when signing up for a webinar;
  • Email address and password for the weclapp app

All personal data is only collected where permitted by law or if you have granted your consent.

1.2. Use and transfer of personal data in general

We use your personal data in order to enable you to use our website. 1.2. When using this website, data is also processed and transferred for anonymized analysis (e.g. Google Analytics) if you have given your consent.
We use personal data in general for the establishment and performance of a contract with you as a customer as well as for billing.

If you download our weclapp app, we use your data to enable you to use the app.

If you enter a contact, supplier or applicant relationship with us, we will use your data for the establishment, performance and processing of this relationship, as well as for billing where relevant. We also use data that becomes known to us in a legal manner for the purposes of advertising by mail as well as email or phone if you have granted your specific and effective consent in this regard.

In this context it may also be necessary for us to transfer your data to external service providers within the scope of a contract processing agreement. We will not sell your personal data or otherwise market your personal data to third parties.

Data may be transferred to third countries in the context of administration, development and operation of IT systems and only insofar as a) the transmission is permissible in principle and b) the special requirements for transmission to third countries are fulfilled, in particular that the data importer guarantees an adequate level of data protection in accordance with the EU standard contractual clauses for the transmission of personal data to processors in third countries. This is based on the provisions of the GDPR, the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz). Transfer can also occur when using our website.

When using this website, data is also processed and transferred if you use our live chat system.

If you send us your suggestions through our website or if you send us notifications after registration through our system, your data will be processed and transferred.

2. Purposes of data processing

We process the personal data outlined above in compliance with the provisions of the GDPR and the German Federal Data Protection Act (BDSG):

2.1. Processing to fulfill contractual obligations or obligations prior to entering into a contract (Art. 6 (1)(b) GDP)

The processing of personal data occurs only for your use of our website, for the performance of a contract with you as a customer and for contact or applicant relations. The purposes of data processing and the necessity of processing are primarily oriented on the specific purposes stipulated by the legal relationships outlined above.

Within the context of a contract with you as a customer, this particularly includes the establishment, arranging, performance, consultation and settlement of such contracts along with the services you procure.

The creation of a customer account serves the purpose of handling your license order and internal administrative purposes.

Processing also occurs to process your queries and to enter into customer relationships or comparable contacts, as well as for applications.

Your data will also be processed to enable the use of the weclapp app if you log into the weclapp app using your data.

For the purposes outlined above, it may also be necessary for us to transfer your data to group companies or external service providers, always within the scope of a contract processing agreement.

2.2. Processing for the pursuit of legitimate interests (Art. 6 (1)(f) GDPR)

As far as necessary for our purposes, we will continue to process your data after the normal completion of the pre-contractual arrangements or the contract itself in order to pursue our own legitimate interests or the interests of third parties, except where your interest in preventing data processing overrides our interests:

  • Anonymization of IP addresses during the use of our website for statistical purposes, data security and website optimization.
  • Use of technically required (essential) cookies to guarantee optimal functionality of the website as well as user-friendly and effective presentation of our services
  • Potential measures for data security on our website, such as storing IP addresses in particular, wherever this seems appropriate given the specific threat level.
  • Establishing and maintaining contacts to an appropriate extent.
  • Processing applications to an appropriate extent.
  • Collection of outstanding claims; in this context, we collaborate with reliable partners.
  • Establishing and maintaining webinar contacts to an appropriate extent.
  • Use of our website with Jivochat to run the live chat system to answer live support queries.
  • Use of our website with UserVoice to submit suggestions.
  • Use of our application with Intercom after registration for communication with you.

2.3. Processing based on your consent (Art. 6 (1)(a) GDPR)

If you consent to our processing of your personal data for a specific purpose according to the existing requirements (e.g. to receive a newsletter, use of Google Analytics ) than we will process this data within the scope of your consent. You can withdraw consent at any time. This does not affect the legality of the processing that has been carried out based on your consent up to that time.

2.4. Processing based on statutory regulations (Art. 6 (1)(c) GDPR)

We process your personal data if

  • we are subject to a legal obligation such as statutory retention obligations or information or monitoring obligations vis-à-vis government institutions as stipulated by law.
  • Obtain and document consent to data processing (e.g. with the consent management tool Borlabs Cookie).

3. Transfer of data to third parties

Within our company, your data will be accessed by individuals who are engaged with processing to the extent necessary or as appropriate given the specific purpose. Service providers and agents engaged by us, for instance service providers in the area of IT services, telecommunications and logistics can obtain access to personal data for these purposes if they observe our written instructions under data protection law and are bound to maintain data secrecy through a processing agreement and – where applicable – maintain telecommunications secrecy.

For the collection of claims, we work together with third parties.

In particular, we will not transfer personal data to third parties for advertising purposes or for address trading.

Data is also transferred to analysis services when using our website. If you contact us via chat, your data will be transferred to Jivosite. If you send us your suggestions, your data will be transferred to Uservoice. If you register and send us a message about our chat in the application, some data will be transferred to Intercom.

4. Data transfer to third countries or international organizations

Data will only be transferred to countries outside of the EU or EEA (“third countries”) where this is necessary for the performance of a contract. For other contractual relationships such as contact or job applications, data will only be transferred in this manner for the performance of this contractual relationship or where this is appropriate due to legitimate interests in exceptional cases. The same applies for using our website from locations outside of the EU or EEA.

Data is also transferred to analysis services when using our website. If you contact us via chat, your data will be transferred to Jivosite. If you send us your suggestions, your data will be transferred to Uservoice. If you register and send us a message about our chat in the application, some data will be transferred to Intercom.

5. Duration of data storage

During the use of our website, we store your IP address and usage data for the duration of the session. The IP address is stored after the session where this is appropriate for data security and investigating or preventing infringements of security or data protection; the criteria for appropriateness are derived from the specific threat situation. In this case, IP addresses are only stored as long as appropriate for the above-mentioned purposes, generally no longer than three months. In the event of criminal charges or criminal prosecution or the enforcement of claims against individuals who commit breaches of security or data protection, data may be stored and process until the matter is definitively resolved or until the claims have been enforced.

We store data for the establishment, arrangement and performance of contracts with you as a customer. The data will be erased as soon as it is no longer required. The data may be stored for as long as claims may be asserted against us. If we are subject to a legal retention obligation, e.g. due to obligations under tax law or commercial law, we will store your data for the relevant period (up to 10 years). If you raise objections as a payer within the deadlines, the data will be stored until the objections are resolved or until the claim is collected.

To maintain contacts, contact details and communication data will be stored and processed insofar as this is necessary for the relevant purpose of communication or useful within the scope of appropriateness.

If you sign up for a webinar, your contact details will be stored insofar as this is necessary in order to hold the webinar.

During an application process, contact details and application data will be stored and processed insofar as this is necessary for the relevant purpose of the application or useful within the scope of appropriateness. If the application is not accepted, the data will be erased within two months after the rejection is announced unless erasure is precluded by other legitimate interests of the controller. Other legitimate interests in this context particularly include fulfilling the burden of proof in proceedings according to the General Equal Treatment Act (AGG).

If you subscribe to our newsletter, your data will be stored and used until you unsubscribe from the newsletter or we cancel the newsletter. Your consent and information about previous mailings will remain stored until any claims to injunctive relief on your part have elapsed; however, we will no longer use the data to continue mailing newsletters.

6. Collection of outstanding claims

If the collection of outstanding claims should become necessary within a contractual relationship or by other means in order to pursue our legitimate interests, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subjects whose personal data requires protection, we will engage legal entities to collect the claims. The data required for the purpose of collection will be transferred to the legal entity we have engaged. The legal basis is Article 6 (1)(b) and Article 6 (1)(f) GDPR.

7. Processing during website use

7.1 Data processing and log files of internet access

When you access our website, your internet browser automatically transmits data to our web server for technical reasons. The web server automatically stores a server log file with the transmitted data. The information collected includes the name and URL of the data accessed, the IP address as well as the date and time of access. This data is processed for the purpose of enabling website use, guaranteeing fault-free operation of the website and optimizing our website.

7.2. Cookies

Some parts of our website use cookies. Cookies do not cause any damage to your computer and do not contain any viruses. Cookies are used to make our service more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.

You can change your browser settings so that you will be informed when cookies are set, only allow cookies on a case-by-case basis, accept cookies for specific cases or prevent them as a rule, or activate the automatic deletion of cookies when your browser is closed. If cookies are deactivated, this website’s functionality might be restricted.

We use technically required (essential) cookies in order to provide the service you have requested in a more secure, effective and user-friendly manner.

Most of the cookies we use are so-called service cookies that we use when you visit our website in order to securely provide the service you have requested. These cookies are automatically deleted at the end of your visit.

We also use cookies to measure the use of our service (“measuring the web audience”). Only we carry out this measurement and analyze this data for measurement. These cookies make it possible to recognize your browser when you return to our website. Apart from the pages visited and the date and time of access, information is also collected about the type and technical specifications of your end device. These cookies remain stored on your end device until you delete them or after the deletion period we set has elapsed.

You can change your browser settings to only allow cookies on a case-by-case basis, to activate the automatic deletion of cookies when your browser is closed or to accept cookies for specific cases or prevent them as a rule.

If you do not wish your activities to be recorded, you can use the “Do Not Track” setting in your web browser. If you activate this setting, no usage data will be stored concerning your visit.

7.3. Google Analytics

This website use Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer making it possible to analyze your use of the website.

The information generated by the cookie about your use of this website is generally transferred to a Google server in the USA and stored there. Due to IP anonymization on this website, your IP address will be truncated by Google within the member states of the European Union or in other states party to the Agreement on the European Economic Area before transfer to the USA. Only in exceptional cases, the full IP address will be transferred to a Google server in the USA and truncated there.

Google will use this information to analyze your use of the website on behalf of the website operator, to compile reports about website activity and to perform other services associated with website use and internet use on behalf of the website operator. For this purpose, Google makes use of pseudonyms.

In the context of Google Analytics, the IP address transmitted by your browser will not be linked with other data held by Google.

You can prevent the storage of cookies by changing your browser settings accordingly. However, we inform you that in this case it may not be possible to use all features of this website to their full extent.

You can also prevent the collection of the data generated by the cookie concerning your use of this website (incl. your IP address) as well as the processing of this data by Google by downloading and installing the browser plugin available at the following link: tools.google.com/dlpage/gaoptout

More information about data protection at Google can be found at https://policies.google.com/privacy?hl=de&gl=de and https://policies.google.com/technologies/cookies?hl=de

7.4. Jivochat

Using technologies provided by JivoSite Inc., 525 W. Remington Drive, Sunnyvale, CA 94087, USA (www.jivochat.com), anonymized data is collected and stored on this website to run the live chat system to answer live support queries. This anonymized data can be used to create usage profiles with a pseudonym. Cookies may be used for this purpose. Cookies are small text files that are locally saved in the browser cache of the website visitor. These cookies make it possible to recognize the web browser. The data collected using the Jivochat technologies will not be used to personally identify visitors to this website without the separately given consent of the data subject, and will not be linked with personal data concerning the bearer of the pseudonym.

The chat feature can be used entirely anonymously and provides advice to interested parties and customers for product selection and questions concerning products. The collected data will only be used for the intended purpose and stored or erased after a period of time corresponding to the statutory retention obligations.

To prevent the storage of Jivochat cookies, you can change your browser settings so that cookies will no longer be stored on your computer in the future or so that previously stored cookies will be deleted. However, deactivating all cookies may make it impossible to run certain functions on our website. You can object to the collection and storage of data for the purpose of creating a pseudonymous user profile at any time with future effect by sending us an informal e-mail stating your objection to the email address provided in the Legal Information section.

7.5. UserVoice

We use the service “UserVoice” provided by the company UserVoice Inc., 121 2nd St Floor 4, San Francisco, CA 94105, USA in order to collect user suggestions. If you provide us with feedback via UserVoice (for instance using the “Contact & Suggestions” function), you consent that data (such as IP address, name and other data provided voluntarily) will be transmitted to the servers of UserVoice Inc. in the United States and stored there on our behalf.

You can find further details and information concerning the specific data protection provisions and configuration options for UserVoice at http://uservoice.com/privacy. Anonymous user profiles may be created from the data that is collected, processed and used.

For more information, please consult the Privacy policy of UserVoice.

7.6. YouTube

In order to embed videos, our website uses the provider YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA, represented by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. (“YouTube”). If you access a page on our website that contains an embedded video, your browser establishes a direct connection with the servers of YouTube. The content of the YouTube display is directly transmitted to your browser by YouTube and embedded into the website there. As a result, we have no influence over the scope of data that YouTube collects through embedded videos, however we assume that your IP address is collected.

For information concerning the purpose and scope of data collection and the further processing and use of data by YouTube and your rights and configuration options to protect your privacy, please consult YouTube’s privacy policy concerning embedded YouTube videos at www.google.de/intl/de/policies/privacy/.

If you have a YouTube account and would not like YouTube to collect data concerning you through our website and link such data with your YouTube account data, you must log out of YouTube before visiting our website.

7.7. Social plugins in our blog

In our blog, we use plugins for social networks such as the Share button from Facebook. When you visit our blog, the plugin may establish a direct connection to the social network in question depending on the circumstances. The content of the plugin in question can be transmitted to your browser and embedded into the website. By embedding the plugin, the respective providers are informed that your browser accessed the corresponding page of our website. This also applies if you are not logged in to your account with the individual provider or if you do not have a user account with the provider. This information is transmitted from your browser directly to the server of the individual provider and stored there if relevant. If you click the Share button, information will also be transmitted and stored if relevant. We hereby inform you that we have no knowledge concerning the content of the data transmitted or how it is used by the individual providers.

For more information about the purpose and scope of data collection and its processing as well as your rights in this regard and configuration options to protect your privacy, please consult the provider’s privacy policy. You also have the option of blocking social plugins by downloading add-ons for your browser and preventing the transfer of data in this way.

Facebook, Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA) https://www.facebook.com/policy.php

Twitter, Twitter Inc. (795 Folsom St., Suite 600, San Francisco, CA 94107, USA) https://twitter.com/de/privacy

LinkedIn, LinkedIn Corporation (209 Stierlin Court, Mountain View, CA 94043, USA) https://www.linkedin.com/legal/privacy-privacy

Xing, XING AG (Dammtorstraße 29-32, 20354 Hamburg, Germany) https://www.xing.com/app/share?op=data_protection

8. Intercom

To send our communications by email and chat after registration, we use the provider Intercom Inc., 98 Battery Street, Suite 402, San Francisco, CA 94111, USA in our application.

We transfer some of your data (such as email address and date of registration) to Intercom. Intercom collects publicly available contact data associated with you, for instance company name and website URL, with the aim of improving your user experience.

More information about data protection at Intercom can be found at http://docs.intercom.io/privacy.

If you would like to object to the storage and transmission of your data using Intercom, please contact us.

9. Borlabs Cookie

We use the consent management tool Borlabs Cookie that sets a technically required cookie (Borlabs cookie) when you visit our website. This tool enables you to grant consent to data processing through the website, in particular for the storage of cookies. With this tool, you can also exercise your right of withdrawal if you previously granted consent.

The tool stores the consents you have granted when visiting the website.

More information about data protection at Borlabs can be found at: https://de.borlabs.io/borlabs-cookie

10. Consent clause

You have expressly granted us your consent as follows and your consent has been documented. We will keep the content of your declarations of consent available for access at any time. Of course, you can object to the use of your data for the following purposes at any time or withdraw your consent.

Newsletter subscription

By registering for the newsletter, I agree that weclapp SE may regularly send me information of interest concerning offers, promotions and news for weclapp SE by email. I can withdraw this consent at any time by clicking on the link “Unsubscribe from the newsletter” at the end of the newsletter. More info: Privacy Policy.

11. Provision of data

Within the framework of our business relationship with you, you are required to provide personal data that is necessary for establishing, implementing and terminating and performing the associated contractual obligations, or which we are legally obligated to collect. Without this data, we will generally not be able to conclude, perform or terminate a contract with you.

12. Your rights as a data subject

Every data subject has the right to access information pursuant to Article 15 GDPR, the right to rectification pursuant to Article 16 GDPR, the right to erasure pursuant to Article 17 GDPR, the right to restriction of processing pursuant to Article 18 GDPR, the right to object under Article 21 GDPR and the right to data portability under Article 20 GDPR. For the right to receive information and the right to erasure, the restrictions of Sections 34 and 35 BDSG apply.

Finally, you have the right to right to lodge a complaint with the data protection supervisory authority responsible for you.

 

Information concerning the right to object pursuant to Art. 21 GDPR

If we process your personal data to pursue our overriding legitimate interests under due consideration of the interests involved, you have the right as a data subject to object to this processing at any time. You also are entitled to this right to object if processing occurs for the purpose of direct marketing. In the case of processing for other purposes, you have the right to object for reasons relating to your particular situation.

If you object, we will not continue to process your personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or if processing is necessary for the assertion, exercise or defense of legal claims.

However, this does not apply in the event of processing for the purpose of direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for such purposes.

If you consent to the processing of your personal data, you may withdraw your consent to our use at any time. This also applies for the withdrawal of declarations of consent granted to us before the EU General Data Protection Regulation entered into force, that is, before May 25, 2018. Please note that withdrawal of consent only affects future processing. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

If you have questions concerning the processing of your personal data or your rights outlined above, please contact our data protection officer.

 

Last edited August 2019

Template for a processing agreement pursuant to Art. 28 General Data Protection Regulation (GDPR)

The establishment of a processing agreement must be drawn up in writing, which is also permitted in an electronic format. To fulfill the formal requirement for electronic formats, we currently consider a scanned copy of a signed contract to be sufficient.

You can send the signed contract to us by email at auftragsverarbeitung@weclapp.com. Of course, you can also send two copies of the signed contract to us by mail as an alternative. In either case, you will subsequently receive a countersigned copy for your personal use.

Data Processing Agreement