Introduction

With the following data protection declaration we would like to explain to you which types of your personal data (hereinafter also referred to as “data”) we process, for which purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offer”) ).

The terms used are not gender specific.

As of February 4, 2020

Contents overview

Responsible person

Flemingo
founders Denise Rabold & Ankur Midha
Altensteinstraße 40
14195 Berlin

E-mail address : mail@flemingo.de

Imprint : flemingo.de/impressum

Overview of the processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

  • Content data (e.g. text input, photographs, videos).

  • Meta / communication data (e.g. device information, IP addresses).

  • Usage data (e.g. websites visited, interest in content, access times).

Categories of data subjects

  • Users (e.g. website visitors, users of online services).

Purposes of processing

  • Content Delivery Network (CDN).

 

Relevant legal bases

In the following we share the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process the personal data. Please note that in addition to the regulations of the GDPR, the national data protection requirements in your or our country of residence and domicile may apply. If more specific legal bases are relevant in individual cases, we will inform you of this in the data protection declaration.

  • Consent (Art. 6 Para. 1 S. 1 lit. a GDPR) – The person concerned has given their consent to the processing of their personal data for a specific purpose or several specific purposes.

  • Legitimate interests (Art. 6 Para. 1 S. 1 lit.f. GDPR) – Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which protect personal data Data require, predominate.

National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the law on the protection against misuse of personal data during data processing (Federal Data Protection Act – BDSG). The BDSG contains in particular special regulations on the right to information, the right to erasure, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees.

Safety measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, forwarding, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to the threat to the data. Furthermore, we consider the protection of personal data already in the development or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and data protection-friendly default settings.

SSL encryption (https) : We use SSL encryption to protect your data transmitted via our online offer. You can recognize such encrypted connections by the prefix https: // in the address line of your browser.

Transmission and disclosure of personal data

As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or they are disclosed to them. The recipients of this data can include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and, in particular, conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.

Data transfer within the organization : We can transfer personal data to other locations within our organization or grant them access to this data. If this transfer takes place for administrative purposes, the transfer of the data is based on our legitimate entrepreneurial and business interests or takes place if it is necessary to fulfill our contractual obligations or if the consent of the person concerned or a legal permission is available.

Use of cookies

Cookies are text files that contain data from websites or domains visited and are stored on the user’s computer by a browser. A cookie is primarily used to store information about a user during or after their visit to an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the location at which a video was viewed. The term cookies also includes other technologies that perform the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also known as “user IDs”)

A distinction is made between the following cookie types and functions:

  • Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
  • Permanent cookies: Permanent cookies are saved even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. The interests of users who are used to measure reach or for marketing purposes can also be stored in such a cookie.
  • First-party cookies: First-party cookies are set by ourselves.
  • Third-party cookies (also: third-party cookies) : Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
  • Necessary (also: essential or absolutely necessary) cookies: Cookies can on the one hand be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for security reasons).
  • Statistics, marketing and personalization cookies : Furthermore, cookies are usually also used in the context of range measurement and when the interests of a user or his behavior (e.g. viewing certain content, using functions, etc.) on individual websites in a user profile get saved. Such profiles are used to show users, for example, content that corresponds to their potential interests. This process is also known as “tracking”, ie following up the potential interests of users. . Insofar as we use cookies or “tracking” technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

Notes on legal bases: The legal basis on which we process your personal data with the help of cookies depends on whether we ask for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary, to fulfill our contractual obligations.

General information on revocation and objection (opt-out): Depending on whether processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data using cookie technologies ( collectively referred to as “opt-out”). You can first declare your objection using the settings of your browser, e.g. by deactivating the use of cookies (this can also restrict the functionality of our online offer). You can also object to the use of cookies for online marketing purposes using a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.infoand https://www.youronlinechoices.com/ . In addition, you can receive further objection notices in the context of the information on the service providers and cookies used.

Processing of cookie data on the basis of consent : Before we process or have data processed in the context of the use of cookies, we ask the users for consent that can be revoked at any time. Before the consent has not been given, cookies may be used that are necessary for the operation of our online offer. They are used on the basis of our interest and the interest of users in the expected functionality of our online offer.

  • Processed data types: usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).

  • Affected persons: users (e.g. website visitors, users of online services).

  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Provision of the online offer and web hosting

In order to be able to provide our online offer safely and efficiently, we use the services of one or more web hosting providers, from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we can use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.

The data processed as part of the provision of the hosting offer can include all information relating to the users of our online offer that is generated in the context of use and communication. This regularly includes the IP address that is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or from websites.

E-mail delivery and hosting: The web hosting services we use also include sending, receiving and storing e-mails. For these purposes, the addresses of the recipients and senders as well as other information relating to the sending of e-mails (e.g. the providers involved) and the content of the respective e-mails are processed. The aforementioned data can also be processed for the purpose of recognizing SPAM. Please note that emails on the Internet are generally not sent in encrypted form. As a rule, emails are encrypted while they are being transported, but (if no so-called end-to-end encryption method is used) not on the servers from which they are sent and received.

Collection of access data and log files : We (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP Addresses and the requesting provider belong.

The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the load on the server and its stability.

Content Delivery Network : We use a “Content Delivery Network” (CDN). A CDN is a service with the help of which the contents of an online offer, in particular large media files such as graphics or program scripts, can be delivered faster and more securely with the help of regionally distributed servers connected via the Internet.

  • Processed data types: content data (e.g. text input, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).

  • Affected persons: users (e.g. website visitors, users of online services).

  • Processing purposes: Content Delivery Network (CDN).

  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as the consent allowed for processing is revoked or other permissions are no longer applicable (e.g. if the purpose of processing this data is no longer applicable or is not required for the purpose).

If the data are not deleted because they are required for other and legally permissible purposes, their processing will be limited to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax law reasons or whose storage is necessary for the establishment, exercise or defense of legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data can also be found in the individual data protection information of this data protection declaration.

Change and update of the data protection declaration

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your participation (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this data protection declaration, please note that the addresses can change over time and ask you to check the information before contacting us.

Data Subject Rights

As a data subject, you have various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:

  • Right of objection: You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Art. 6 Para. 1 lit. e or f DSGVO takes place to object; this also applies to profiling based on these provisions. If the personal data concerning you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
  • Right to withdraw consent: You have the right to withdraw your consent at any time.
  • Right to information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.
  • Right to correction: In accordance with the legal requirements, you have the right to request the completion of the data relating to you or the correction of incorrect data relating to you.
  • Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data relating to you be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with the legal requirements.
  • Right to data portability: You have the right to receive data concerning you that you have provided to us in accordance with the legal requirements in a structured, common and machine-readable format or to request that it be transmitted to another person responsible.
  • Complaint to the supervisory authority: In accordance with the legal requirements, you also have the right to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of the data concerning you personal data violates the GDPR.

Definitions of terms

This section gives you an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and primarily defined in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to aid understanding. The terms are sorted alphabetically.

  • Content Delivery Network (CDN): A “Content Delivery Network” (CDN) is a service, with the help of which the content of an online offer, especially large media files such as graphics or program scripts, can be done faster and with the help of regionally distributed servers connected via the Internet can be delivered more safely.
  • Personal data: “Personal data” are all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
  • Responsible: “Responsible” means the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
  • Processing: “Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data, be it the collection, the evaluation, the storage, the transmission or the deletion.

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