Name and contact of the person responsible pursuant to Article 4 Paragraph 7 GDPR
Company: BackupMonkey UG (haftungsbeschränkt)
Address: Alte Wallgasse 6
Telephone: 0221 677 863 520
Telefax: 0221 677 863 522
Security and protection of your personal data
We consider it our primary task to maintain the confidentiality of the personal data provided by you and to protect it from unauthorized access. We therefore exercise the utmost care and apply state-of-the-art security standards to ensure maximum protection of your personal data.
As a company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the German Federal Data Protection Act (BDSG, Bundesdatenschutzgesetz). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
The legislator requires that personal data be processed lawfully, in good faith and in a manner understandable to the data subject ("lawfulness, fairness, transparency"). To ensure this, we inform you about the individual legal definitions which are also used in this data protection declaration:
- Personal data "personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as 'data subject'); a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or one or more specific characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person, is regarded as identifiable.
- Processing "Processing" means any operation or set of operations which is carried out in relation to personal data, whether or not by automatic means, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
- Limitation of processing "Limitation of processing" means the marking of stored personal data with the aim of limiting their future processing.
- Profiling "Profiling" means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.
- Pseudonymisation "pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data cannot be attributed to an identified or identifiable natural person.
- Filesystem"filesystem" means any structured collection of personal data accessible according to specific criteria, whether centralised, decentralised or organised on a functional or geographical basis.
- Controller"Controller" means a natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data; where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his designation may be laid down by Union law or by the law of the Member States.
- Processor"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- Recipient"Recipient" means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients and the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules and in accordance with the purposes of the processing.
- Third party"third party" means a natural or legal person, public authority, agency or any other body, other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
- ConsentThe data subject's "consent" shall mean any voluntary, informed and unambiguous expression of his or her will in the particular case, in the form of a statement or other unambiguous affirmative act, by which the data subject indicates his or her consent to the processing of his or her personal data.
Lawfulness of Processing
The processing of personal data is only lawful if there is a legal basis for the processing. Pursuant to Article 6 (1)
lit. a - f GDPR, the legal basis for the processing may in particular be as follows:
- the data subject has given his consent to the processing of his personal data for one or more specific purposes;
- the processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject;
- the processing is necessary to fulfil a legal obligation to which the controller is subject;
- the processing is necessary to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary to safeguard the legitimate interests of the controller or of a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail, in particular where the data subject is a child.
Information on the collection of personal data
(1) In the following we inform you about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.
(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, your name) will be stored by us in order to answer your questions. The data collected in this context will be deleted after storage is no longer required, or processing will be restricted if there are legal storage obligations.
Collection of personal data when you visit our website
If you only use the website for information purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR):
- Date and time of Request
- Timezone Offset to Greenwich Mean Time (GMT)
- Content of request (requested URL)
- HTTP Status code
- Size of transferred data
- Referring website
- Operation System
- Language and Version of Browser
Usage of Cookies
(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive assigned to the browser you are using and through which certain information flows to the location that sets the cookie. Cookies cannot execute programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall..
(2) This website uses the following types of cookies, the scope and functionality of which are explained below:
- Transient Cookies (see 1.)
- Transient cookies are automatically deleted when you close your browser. These include in particular session cookies. They store a so-called session ID, which can be used to assign various requests from your browser to the shared session. This enables your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close your browser.
Further functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. For this purpose, you must generally provide further personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) To some extent, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.
(3) We may also share your personal information with third parties when we partner with partners to offer promotions, sweepstakes, contracts or similar services. You can find out more about this when you provide us with your personal data or in the description of the offer below.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.
Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
Rights of the data subject
(1) Revocation of consent
If the processing of personal data is based on a given consent, you have the right to revoke the consent at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of consent until revocation.
You can contact us at any time to exercise your right of revocation.
(2) Right to confirmation
You have the right to request confirmation from the controller to whether we are processing personal data relating to you. You can request confirmation at any time using the above contact details.
(3) Right to information
If personal data are processed, you can request information about these personal data and about the following information at any time:
- the processing purposes;
- the categories of personal data processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining such duration;
- the existence of a right to rectify or delete personal data concerning you or to limit the processing by the controller or to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- if the personal data are not collected from the data subject, any available information on the origin of the data;
- the existence of automated decision making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards in accordance with Article 46 GDPR in relation to the transfer. We will provide a copy of the personal data subject to the processing. For any further copies you request, we may charge a reasonable fee based on the administrative costs. If you submit the application electronically, the information must be made available in a common electronic format, unless otherwise stated. The right to receive a copy in accordance with paragraph 3 shall not affect the rights and freedoms of any other person.
(4) Right to rectification
You have the right to demand from us immediately the correction of incorrect personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.
(5) Right to cancellation ("right to be forgotten")
You have the right to ask the data controller to delete personal data about you immediately and we are obligated to delete personal data immediately if any of the following reasons apply:
- The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
- The data subject shall revoke the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal basis for the processing.
- the data subject objects to the processing under Article 21(1) GDPR and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) GDPR.
- The personal data have been processed unlawfully.
- The deletion of personal data is necessary in order to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
- The personal data were collected in relation to Information Society services offered pursuant to Article 8(1) GDPR.
Where the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall take reasonable measures, including technical measures, to inform data controllers processing the personal data that a data subject has requested them to delete all links to or copies or replications of those personal data, taking into account available technology and implementation costs.
The right to cancellation ("right to be forgotten") does not exist insofar as the processing is necessary:
- on the exercise of freedom of expression and information;
- to fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which the controller is subject or to perform 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 field of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
- for archival, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Article 89(1) of the GDPR, where the law referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the objectives of such processing, or
- to assert, exercise or defend legal claims.
(6) Right to limitation of processing
You have the right to demand that we restrict the processing of your personal data if one of the following conditions is met:
- the accuracy of the personal data is contested by the data subject for a period of time which enables the data controller to verify the accuracy of the personal data,
- the processing is unlawful and the data subject refuses to erase the personal data and instead requests the restriction of the use of the personal data;
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the assertion, exercise or defence of legal claims, or
- the data subject has objected to the processing pursuant to Article 21(1) GDPR until it is established whether the controller's legitimate reasons outweigh those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data shall not be processed, except with the consent of the data subject or for the exercise or defence of legal rights or the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State, except where they are stored.
In order to exercise the right to limit the processing, the data subject may contact us at any time using the contact details provided above.
(7) Right to data transferability
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, and you have the right to transfer such data to another controller without interference from the controller to whom the personal data has been provided, provided that:
- the processing is based on a consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR, and
- processing is carried out using automated procedures.
When exercising the right to data transfer pursuant to paragraph 1, you have the right to obtain that the personal data be transferred directly from one responsible person to another responsible person, insofar as this is technically feasible. The exercise of the right to data transfer does not affect the right to cancellation ("right to be forgotten"). This right shall 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.
(8) Right of objection
You have the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you carried out pursuant to Article 6(1)(e) or (f) of the GDPR, including profiling based on these provisions. The controller will no longer process the personal data unless he can prove compelling legitimate reasons for the processing outweighing the interests, rights and freedoms of the data subject or the processing is for the assertion, exercise or defence of legal claims.
If personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for the purpose of such advertising, including profiling in so far as it is linked to such direct marketing. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
As regards the use of information society services, notwithstanding Directive 2002/58/EG, you may exercise your right to object by means of automated procedures using technical specifications.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1), unless such processing is necessary for the performance of a task in the public interest.
You can exercise your right to object at any time by contacting the person responsible.
(9) Automated decisions on a case-by-case basis, including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This does not apply if the decision:
- is necessary for the conclusion or performance of a contract between the data subject and the controller,
- is authorised by legislation of the Union or of the Member States to which the person responsible is subject and that legislation contains adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
- with the express consent of the data subject.
The data controller shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right of the data controller to obtain the intervention of a data subject, to present his or her views and to contest the decision.
This right may be exercised at any time by the data subject by contacting the relevant data controller.
(10) Right to complain to a supervisory authority
They shall also have the right, without prejudice to any other administrative or judicial remedy, to complain to a supervisory authority, in particular in the Member State of their residence, place of work or place of presumed infringement, if the data subject considers that the processing of his personal data is contrary to this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to appeal to a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed as a result of a processing of your personal data that is not in conformity with this Regulation..