1.        Name and address of the Controller

The Controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

cerebo GmbH
Kurfürstenallee 5
53177 Bonn
Tel.: +49 (0) 228 763631-0
Website: www.hominext.com
E-Mail: contact@hominext.com

2.        Name and address of the data protection officer

With regard to the present legal situation, according to Sec. 38 Para. 1 BDSG we are not obliged to appoint a data protection officer.

3.        Definitions

The data protection information of the cerebo GmbH is based on the definitions which have been used by the European directive and order issuing office in formulating the General Data Protection Regulation (GDPR). The data protection information of the cerebo GmbH should be easily read and understood not only by the general public but also by our customers and business partners. In order to ensure this, we would like to clarify in advance the definitions used.
In this data protection information and on our website, we use - amongst others - the following terms:

3.1.       Personal data

Personal data is any information relating to an identified or identifiable natural person (hereafter "data subject"). Defined as identifiable is 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, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

3.2.       Data subject

Data subject is each identified or identifiable natural person, whose personal data is processed by the controller for the processing.

3.3.       Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

3.4.       Restricting of the processing

Restricting of the processing is the marking of personal data as stored with the objective of restricting its processing in the future.

3.5.       Profiling

Profiling is each type of the automated processing of personal data, which consists of this personal data being used to permit particular personal aspects relating to a particular natural person, and here in particular aspects in respect of work performance, economic situation, health, personal likes, interests, reliability, behaviour, place of residence or change of place of residence of this natural person to be evaluated, analysed or forecast.

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, in so far as this additional information is kept in a special way and subjected to technical and organizational measures which ensure that the personal data cannot be assigned to an identified or identifiable natural person.

3.7.       Controller for the processing

Controller for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

3.8.       Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

3.9.       Recipient

Recipient a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. 2However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

3.10.     Third party

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

3.11.     Consent

Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

4.        General information on data processing; legal basis, purposes of processing, duration of storage, objection and possibility of elimination

4.1.       General information on the legal basis

Where we obtain the consent of the data subject for the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.

Art. 6 para. 1 lit. b GDPR serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

Art. 6 para. 1 lit. d GDPR serves as a legal basis in the event that vital interests of the data subject or another natural person necessitate the processing of personal data.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

4.2.       General information on data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in EU regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.

4.3.       General information about the processing on our website

Data privacy, data security and protection of secrets are high priorities for us. The permanent protection of your personal data, your company data and your trade secrets is particularly important to us.

In principle, you can visit our website without providing any personal information. However, if you make use of our company's services via our website, this makes it necessary to provide your personal data. As a rule, we use the data provided by you and collected by the website and stored during use exclusively for our own purposes, namely for the implementation and provision of our website and the initiation, implementation and processing of the services/offers offered via the website (contract fulfillment) and do not pass them on to outside third parties, unless there is an officially ordered obligation to do so. In all other cases, we obtain your separate consent.

Your personal data is processed in accordance with the requirements of the General Data Protection Regulation and in compliance with the country-specific data protection provisions applicable to us. By means of this data protection notice, we would like to inform you about the type, scope and purpose of the personal data processed by us. In addition, we inform you by means of this data protection notice about the rights to which you are entitled.

We have implemented technical and organizational measures to ensure an adequate level of protection for the personal data processed via this website. Nevertheless, Internet-based data transmissions can have security gaps, so that no absolute protection can be guaranteed.

5.        Collection of general data and information

The Hominext website of cerebo GmbH collects a range of general data and information each time the website is called by a data subject or an automated system. This general data and information is stored in the log files of the server. Able to be collected are: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website, from which an accessing system reaches our website (so-called referrer), (4) the sub-websites, which are steered to on our website via an accessing system, (5) the date and time of an access to the website, (6) an Internet-protocol-address (IP-address), (7) the Internet service provider of the accessing system and (8) other similar data and information, which serve the warding off of hazards in the case of attacks to our IT systems.

In using this general data and information Cerebo GmbH draws no conclusions about the data subject. Much more is this information needed (1) to be able to deliver out the content of our website correctly, (2) to permit the optimization of the content of our website and of the advertising for this, (3) to ensure the durable functionality of our IT systems and of the technology of our website and (4) to be able to make available to the law enforcement authorities the information necessary for criminal prosecution in the case of a cyber-attack. This anonymously collected data and information is evaluated by Cerebo GmbH on the one hand statistically and on the other hand with the objective of increasing the data protection and the data security in our company in order finally to ensure an optimal level of protection for the personal data processed by ourselves. The anonymous data of the server-logfiles are stored separately from all the personal data stated by a data subject.

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

Art. 6 para. 1 lit. f GDPR

(legitimate interest)

The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

No, since mandatory for operation of the website.

 

6.        Registration on the website and in the app

You have the option of registering on our website and in our app by providing personal data. Which personal data is transmitted to the controller in the process results from the respective input mask used for the registration. The personal data entered by the data subject will be processed by us exclusively for the fulfillment of the user contract and for our own purposes. Within the scope of the Hominext offer, your data will be disclosed to other users as intended - but you can configure this as far as possible. In addition, we may arrange for the disclosure to one or more order processors, for example a payment service provider and IT service provider, who will also use the personal data exclusively for the purpose of fulfilling their order to us.

When you register on Hominext, we also store the IP address assigned by your Internet service provider (ISP), the date and time of your registration. The storage of this data enables us, if necessary, to clarify committed crimes and copyright infringements. In this respect, the storage of this data is necessary for our protection. In principle, this data is not passed on to third parties, unless there is a legal obligation to pass it on or the passing on serves criminal or legal prosecution.

In addition, the personal data you voluntarily provide when registering will be used to offer you content or services that, by their nature, can only be offered to registered users.

In detail, we process the following information provided by the data subject after registration has taken place:

·         Username (self chosen)

·         Password

·         Photos as well as videos that are stored by the data subject in the profile

·         First and last name(s)

·         Professional status and title

·         Date of birth

·         Gender (if specified)

·         Phone and mobile number

·         E-mail address

·         Languages

·         Geographical data

·         Address data (postal code, street, city, state, country)

·         Interests and preferences (indicated by the data subject)

·         Information on app usage (device token and technical data for notification via push notification)

·         Chat messages and attachments

·         Notification information (last sent notifications, status of retrieval)

·         Login information (device type and operating system, app version and addresses)

·         Support requests and message history with customer service

·         Bookmarks/saved favorites

·         Search history

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

Art. 6 para. 1 lit. b GDPR

(contract performance)

Art. 28 GDPR

(order processing)

 

Registration of the user is necessary for the fulfillment of a contract with the user or for the implementation of pre-contractual measures.

This is the case for the data stored during the registration process for the fulfillment of a contract or for the implementation of pre-contractual measures if the data is no longer required for the implementation of the contract. Even after the conclusion of the contract, there may be a need to store personal data of the contractual partner in order to fulfill contractual or legal obligations.

As a user, you have the option to cancel the registration at any time. You can have the data stored about you changed at any time.

If the data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, early deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.

7.        Functions

On our website and within the framework of the app, the user can enter, manage and/or edit various information, tasks and activities. Our offer includes in particular the usage options presented below.

7.1.       Presentation of the user

After successful registration, the user has the possibility to present himself and his interests via Hominext and to disclose the data mentioned in section 6 to all other users or defined user groups in whole or in part.

7.2.       Creation of a place offer

After successful registration, the user has the possibility to post offers via Hominext in order to search for tenants. To enable this offer, we process the following information:

·         Unique number (assigned internally)

·         Place offer title

·         Creation date

·         Description of the place offer

·         Availability date

·         Size in square meters

·         Type (e.g. room, whole apartment)

·         Year of manufacture

·         Date of the last renovation

·         Floor

·         Available facilities (e.g. W-LAN, washing machine, ...)

·         House rules (e.g. whether pets are allowed)

·         Monthly rental costs and deposit

·         Minimum and maximum contract duration

·         Description to contract details

·         Information about the tenant you are looking for (e.g. age, gender, occupational status)

·         Occupancy status information

·         More information about the surrounding area (e.g. train and bus connections, airports, shopping, fitness facilities, educational institutions and more).

·         Geographical place

·         Address (street, postal code, city, state, country)

·         Current status (online, offline, busy) and date of last status change

·         Average rating by users

·         Number of views of the object by other users

·         Photos and videos (provided by the supplier)

7.3.       Creation of a tenant offer

The user has the possibility to post requests via the Hominext website and app, so that other users can see that he is interested in renting. To enable this offer, we process the following information:

·         First and last name(s)

·         Date of the rent request

·         Expiration date

·         Target move date

·         Target location (incl. geographic data and search radius)

·         Minimum and maximum targeted monthly rental costs

·         Minimum object size

·         Aimed object type

·         Gender (if specified)

·         Interests, preferences as well as answering predefined questions (if indicated).

·         Photos and videos (assigned to the requests)

7.4.       Conclusion and administration of tenancy agreements

The user has the possibility to make and manage tenancy agreements with other users about renting accommodation through Hominext. To enable this offer, we process the following information:

·         User ID of the tenant

·         User ID of the provider

·         Identifier of the object (Object ID) to which the tenancy agreement relates.

·         Start and end date of the tenancy  agreement

·         Status of the tenancy agreement (e.g. pending, canceled, ignored, completed, ...)

·         Term of the tenancy agreement

·         Deposit amount

·         Monthly rental costs

·         Termination date (deadline and date of termination if made)

·         Reason for termination (by tenant or landlord)

8.        Contact forms, e-mail contact and feedback

8.1.       Contact

On our website there are several contact forms ("Contact us"; "Ask a question"), which can be used for electronic contact. If a user takes advantage of this option, the data entered in the input mask is transmitted to us and stored. These data are:

·         Name

·         E-Mail address

·         Message

The above data is mandatory in each case.

The following data is also stored at the time the message is sent:

·         The IP address of the user

·         Date and time of dispatch

Alternatively, it is possible to contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation.

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

The legal basis for the processing of data in the case of inquiries via the contact form and/or e-mail is usually Art. 6 para. 1 lit. b. GDPR

(Contract performance; Pre-contractual measures);

Art. 6 para. 1 lit. c. GDPR (fulfillment of a legal obligation, e.g. answering questions about data protection) and

otherwise Art. 6 para. 1 lit. f GDPR

(legitimate interest).

 

The processing of personal data from the input mask/email serves us solely to process the contact. This is also the necessary legitimate interest in the processing of the data.

The other personal data processed during the submission process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

 

The foregoing shall not apply if the correspondence is subject to a retention obligation under commercial law.

 

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

The user has the option, insofar as the processing is carried out to protect our legitimate interests, to object to the storage of his personal data. In such a case, the conversation cannot be continued.

 

 

8.2.       Using the feedback function

The user has the possibility to send feedback to cerebo via corresponding functions on Hominext. To use the feedback function, the following information is required:

·         Feedback title

·         Feedback description

·         Evaluation (rating) by the data subject

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

The legal basis for the processing of the data is the legitimate interest on our part pursuant to Art. 6 para. 1 lit. f GDPR.

Our legitimate interest results from the improvement and optimization of our offer.

The purpose of the storage is the improvement of our offer.

The data will be deleted as soon as our legitimate interest no longer exists.

As a user, you have the option to object to the processing of your data at any time in accordance with section 17.7.

9.        Use of our rating and review function

The user may have the opportunity to submit reviews and ratings related to other users and/or objects. To enable this offer, the following information is processed:

When submitting a review/assessment in relation to an object:

·         Rating/evaluation of various factors (according to input mask)

·         Factors confirming the review/rating (e.g. cleanliness, comfort, location).

·         Average rating

·         Time of the review/assessment

·         Title of the review/evaluation

·         Description of the review/evaluation

When submitting a review/rating in relation to a user:

·         Rating/evaluation of various factors (according to input mask)

·         Time of the review/assessment

·         Title of the review/evaluation

·         Description of the review/evaluation

This data is processed exclusively for the improvement of our offers. In addition, name and e-mail address and IP address are stored for one week in case of liability as a troublemaker.

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

The legal basis for the processing of the data is the legitimate interest on our part pursuant to Art. 6 para. 1 lit. f GDPR.

Our legitimate interest arises from the improvement and optimization of our offer and the provision of an exchange of opinions on our products.

The purpose of the storage is the improvement of our offer as well as the provision of a platform for the expression of opinion about our products.

The data will be deleted as soon as our legitimate interest no longer exists or we are obliged to delete the comment and the data due to legal or statutory orders.

As a user, you have the option to object to the processing of your data at any time in accordance with section 17.7.

10.     Newsletter

10.1.     General

The website of the cerebo GmbH provides users with the opportunity to subscribe to our enterprise's newsletter. The personal data transmitted to the controller when the newsletter is ordered is specified in the input mask used for this purpose. In particular, the following data is collected:

·         Newsletter subscription date

·         E-mail address of the user

·         Selected newsletter language

In addition, the following data is collected during registration:

·         IP address of the calling computer

For the dispatch of the newsletter or the processing of the data, the consent of the user is obtained as part of the registration process by means of the double opt-in procedure and reference is made to this data protection notice.

10.2.     Newsletter tracking

The newsletters of cerebo GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, cerebo GmbH may see if and when an e-mail was opened by a User and which links contained in the e-mail were called up by the User.

Such personal data collected via the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject.

10.3.     Transfer of data

In connection with the data processing for sending newsletters and advertising mailings, the data will not be transferred to third parties. The data is used exclusively for sending the newsletter.

10.4.     Right of objection and withdrawal

We expressly point out your right of withdrawal (newsletter) in accordance with section 17.8.

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 para. 1 lit. a GDPR if the user has given his consent.

(Consent)

 

The collection of the user's e-mail address is used to deliver the newsletter.

The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.

 

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Accordingly, the user's e-mail address will be stored as long as the subscription to the newsletter is active.

The other personal data collected during the registration process is usually deleted after a period of seven days.

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, a corresponding deactivation link can be found in each newsletter.

Cancellation of the subscription also constitutes a revocation of consent to the storage of personal data collected during the registration process.

11.     Data protection during applications and the application process

We collect and process personal data from applicants for the purpose of handling the application process. The processing may also take place electronically. This is particularly the case if an applicant sends us the relevant application documents electronically, for example by e-mail. If we conclude an employment contract with you as an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the data controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted six months after notification of the rejection decision, provided that no other legitimate interests of the data controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

The legal basis for the processing of data in the case of inquiries via the contact form and/or e-mail is usually Art. 6 para. 1 lit. b. GDPR

(Labor contract performance; pre-employment actions);

Art. 6 para. 1 lit. c. GDPR (fulfillment of a legal obligation, e.g. answering questions about the application process) and

otherwise Art. 6 para. 1 lit. f GDPR

(legitimate interest) and

Special statutory authorization norms, such as collective bargaining agreement, company agreement, income tax law, etc. Supplementary reference is made to the Processing Directory Personnel/HR.

If we conclude an employment contract with you as an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions.

If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted six months after the notification of the rejection decision, provided that no other legitimate interests of the controller prevent such deletion.

Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

Only general objection and removal options.

12.     Cookies

12.1.     Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

·         Language settings

·         Items in a shopping cart

·         Log-in information

We also use cookies on our website that allow us to evaluate the surfing behavior of users.

In this way, the following data can be transmitted:

·         Entered search terms

·         Frequency of page views

·         Use of website functions

The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users.

When calling up our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of personal data used in this context is obtained. In this context, there is also a reference to this data protection notice.

In addition, users can find out how to disable cookies on major browsers by following the links below:

·         Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

·         Chrome Browser: https://support.google.com/accounts/answer/61416?hl=de

·         Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

Art. 6 para. 1 lit. f GDPR (legitimate interests) for technically mandatory cookies.

For the rest: Art. 6 para. 1 lit. a GDPR

(Consent)

 

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.

The analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.

In these purposes also lies our legitimate interest in the processing of personal data.

Information about the storage period of the cookies is provided directly in the cookie content management or in an automatically generated table in this privacy notice.

 

By changing the settings in your Internet browser, you can disable or restrict the transfer of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

The transmission of Flash cookies cannot be prevented via the settings of the browser, but by changing the setting of the Flash Player.

13.     Use of analysis programs

Privacy policy on the use and application of Google Analytics (with anonymization function)

General

We have integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data about the behavior of visitors to websites. A web analysis service collects, among other things, data about which website a data subject came to a website from (so-called referrers), which sub-pages of the website were accessed or how often and for how long a sub-page was viewed.

A web analysis is predominantly used for the optimization of a website and for the cost-benefit analysis of internet advertising. Such processing of personal data is based on Art. 6 para. 1 lit. a GDPR.

cerebo GmbH is aware of the transfer of its personal data to a third country and has implemented appropriate safeguards pursuant to Art. 46 GDPR to ensure lawful and secure processing of its personal data.

The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Anonymization of the IP address

We use the addition "_gat._anonymizeIp" for web analysis via Google Analytics. This is a function for shortening the IP address. Accordingly, your IP address is anonymized before being transmitted from a member state or another state party to the Agreement on the European Economic Area to the USA. In exceptional cases, anonymization of the IP address only takes place in the USA.

Job processing

The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us showing the activities on our website, and to provide other services related to the use of our website.

Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyze the use of our website. By each call of one of the individual pages of this website, which is operated by the controller and on which a Google Analytics component has been integrated, the internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission calculations.

By means of the cookie, personal information, for example the access time, the location from which an access originated and the frequency of visits to our website by the data subject, is stored. Each time the data subject visits our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical procedure to third parties.

We have concluded an order processing agreement with Google in this regard and in doing so, we comply with the legal requirements of the GDPR as well as the requirements of the German data protection authorities regarding the use of Google Analytics.

Objection to the setting of cookies

The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

Objection by means of browser add-on

Furthermore, the data subject has the option to object to the collection of data generated by Google Analytics and related to the use of this website as well as to the processing of this data by Google and to prevent such processing. For this purpose, the data subject must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data and information about website visits may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the information technology system of the data subject is deleted, formatted or reinstalled at a later point in time, the data subject must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within his or her sphere of control, it is possible to reinstall or reactivate the browser add-on. If the use of Google Analytics is objected to, it is possible that some functions of the website may no longer be fully usable.

Further information

Further information and the applicable data protection provisions of Google can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail under this link https://marketingplatform.google.com/intl/de/about/analytics/.

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

Art. 6 para. 1 lit. a GDPR

(Consent)

The purpose of setting third-party cookies is to improve our offer for you by analyzing your user behavior. As a rule, only a pseudonymized data transfer to the third parties takes place. In addition, you have the option of preventing the transmission of third-party cookies by selecting the appropriate settings in your Internet browser. Please compare in detail the information under item 12.

Information about the storage period of the cookies is provided directly in the cookie consent management or in an automatically generated table in this privacy notice.

 

By changing the settings in the cookie consent management, the use of cookies can be prevented.

 

14.     Use of online advertising

14.1.     Privacy policy on the use and application of Google AdWords

We have integrated Google AdWords on this website. Google AdWords is an Internet advertising service that allows advertisers to place ads both in Google's search engine results and in the Google advertising network. Google AdWords allows an advertiser to specify certain keywords in advance, by means of which an ad is displayed in Google's search engine results exclusively when the user retrieves a keyword-relevant search result using the search engine. In the Google advertising network, the ads are distributed to topic-relevant websites by means of an automatic algorithm and in compliance with the previously defined keywords.

The operating company of the Google AdWords services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the website of third-party companies and in the search engine results of the Google search engine and a display of third-party advertising on our website.

If a data subject accesses our website via a Google ad, a so-called conversion cookie is stored by Google on the data subject's information technology system. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and is not used to identify the data subject. The conversion cookie is used to track whether certain subpages, for example the shopping cart from an online store system, have been called up on our website, provided the cookie has not yet expired. Through the conversion cookie, both we and Google can track whether a data subject who arrived on our website via an AdWords ad generated a turnover, i.e. completed or cancelled a purchase of goods.

The data and information collected through the use of the conversion cookie are used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other advertisers of Google AdWords receive information from Google by means of which the data subject could be identified.

By means of the conversion cookie, personal information, for example the websites visited by the data subject, is stored. Whenever our websites are visited, personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical procedure to third parties.

The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the data subject. In addition, a cookie already set by Google AdWords can be deleted at any time via the internet browser or other software programs.

Furthermore, the data subject has the option to object to interest-based advertising by Google. To do this, the data subject must call up the link www.google.de/settings/ads from any of the internet browsers he or she uses and make the desired settings there.

cerebo GmbH is aware of the transfer of its personal data to a third country and has implemented appropriate safeguards pursuant to Art. 46 GDPR to ensure lawful and secure processing of its personal data.

Further information and the applicable Google privacy policy can be found at https://www.google.de/intl/de/policies/privacy/.

14.2.     Privacy policy on the use and application of Google Remarketing

This website uses the remarketing function of Google Inc. ("Google"). This function is used to present interest-based advertisements to website visitors as part of the Google advertising network. The browser of the website visitor stores so-called "cookies", text files that are stored on your computer and enable the visitor to be recognized when he or she visits websites that belong to the Google advertising network. On these pages, the visitor can then be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google's remarketing function. According to its own information, Google does not collect any personal data during this process.

cerebo GmbH is aware of the transfer of its personal data to a third country and has implemented appropriate safeguards pursuant to Art. 46 GDPR to ensure lawful and secure processing of its personal data.

If you still do not wish to use the Google remarketing function, you can deactivate it in principle by making the appropriate settings at http://www.google.com/settings/ads.

Alternatively, you can disable the use of cookies for interest-based advertising via the ad network initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.

Further information on Google Remarketing and Google's privacy policy can be found at: http://www.google.com/privacy/ads/.

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

Art. 6 para. 1 lit. a GDPR

(Consent)

The purpose of setting third-party cookies is to improve our offer for you by analyzing your user behavior. As a rule, only a pseudonymized data transfer to the third parties takes place. In addition, you have the option to prevent the transmission of third-party cookies by selecting the appropriate settings on your Internet browser.

Information about the storage period of the cookies is provided directly in the cookie consent management or in an automatically generated table in this privacy notice.

By changing the settings in the cookie consent management, the use of cookies can be prevented.

15.     Use and deployment of other tools and social media sites

15.1.     Privacy policy on the use and application of Google Maps

On this website we use the offer of Google Maps. This allows us to show you interactive maps directly in the website and enables you to use the map function comfortably.

By visiting the website, Google receives the information that you have called up the corresponding sub-page of our website. In addition, only the technically necessary data is transmitted. This occurs regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile at Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.

cerebo GmbH is aware of the transfer of its personal data to a third country and has implemented appropriate safeguards pursuant to Art. 46 GDPR to ensure lawful and secure processing of its personal data.

For more information on the purpose and scope of data collection and processing by the plug-in provider, please refer to the provider's privacy policy. There you will also find further information about your rights in this regard and setting options for protecting your privacy: http://www.google.de/intl/de/policies/privacy.

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

Art. 6 para. 1 lit. f GDPR.

(legitimate interest)

The purpose of the storage is to improve our offer, visually and functionally optimize the website and provide a function that facilitates the location of places and our business.

The data will be deleted as soon as our legitimate interest no longer exists or we are obliged to delete the data due to statutory or legal orders.

As a user, you have the option to object to the processing of your data at any time in accordance with section 17.7.

15.2.     Note on data processing on our Facebook fan page

Basic

We, cerebo GmbH, operate our own Facebook fan page at https://www.facebook.com/hominext. As the operator of this Facebook page, we are jointly responsible with the provider of the social network Facebook (Facebook Ireland Ltd.) within the meaning of Art. 4 No. 7 of the General Data Protection Regulation (GDPR). When visiting our Facebook page, personal data of the page visitors are processed by both controllers.

We have concluded a data protection joint responsibility agreement (Page Controller Addendum) with Facebook. With this agreement, Facebook recognizes the joint responsibility with regard to so-called insights data and assumes essential obligations under data protection law for informing data subjects, for data security or for reporting data protection breaches. The agreement also stipulates that Facebook is the primary contact for the exercise of data subjects' rights (Art. 15 - 22 GDPR). As the provider of the social network, Facebook alone has direct access to the necessary information and can also take any necessary measures and provide information immediately. However, if our support is required, we can be contacted at any time.

Use of Insights and Cookies

In connection with the operation of this Facebook fan page, we use the Insights function from Facebook to obtain anonymized statistical data on the users of our Facebook fan page. Information about Insights and Facebook Fanpages is provided by Facebook, for example, via its privacy notices.

In connection with visiting our and other Facebook pages, Facebook also uses cookies and other similar storage technologies. For more information about Facebook's use of cookies, please see their cookie policy.

Comments and messages; participation in raffles

On our Facebook fan page you also have the opportunity to comment on our posts, rate them and get in touch with us via private messages or participate in competitions.

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

We operate this Facebook page in order to present, interact and communicate with the users of Facebook as well as other interested persons and our customers who visit our Facebook page. The processing of the users' personal data is based on our legitimate interests, in an optimized company and product presentation (Art. 6 para. 1 lit. f GDPR) as well as when participating in competitions or answering product application questions based on a (pre-)contractual relationship according to Art. 6 para. 1 lit. b) GDPR.

 

The processing of the information generated by Insights is intended to enable us, as the operator of the Facebook fan page, to obtain statistics that Facebook compiles based on visits to our Facebook fan page. The purpose of this is to control the marketing of our activity. For example, it allows us to gain knowledge of the profiles of visitors who like our Facebook page or use applications of the page in order to provide them with more relevant content and develop features that may be of greater interest to them.

In addition, to help us better understand how our Facebook Page can better achieve our business goals, demographic and geographic analyses are also created and provided to us based on the information we collect. We can use this information to target interest-based ads without directly knowing the identity of the visitor. If visitors use Facebook on multiple devices, the collection and analysis can also take place across devices if they are registered visitors who are logged into their own profiles.

The visitor statistics created are transmitted to us exclusively in anonymized form. We have no access to the underlying data.

Furthermore, we use our Facebook page to communicate with our customers, interested parties and Facebook users and to inform them about us and our products. In this context, we may receive further information, e.g. due to user comments, private messages or because you follow us or share our content. The processing takes place exclusively for the purpose of communication and interaction with you.

Your data will be deleted when the purpose ceases to exist, unless there is a retention obligation.

Facebook users can influence the extent to which their user behavior may be recorded when visiting our Facebook page under the settings for advertising preferences. Further options are offered by the Facebook settings or the form for the right to object.

Data sharing

It cannot be ruled out that some of the information collected will also be processed outside the European Union by Facebook Inc. based in the USA. Facebook Inc. has submitted to the standard contractual clauses adopted by the EU Commission and thus undertakes to comply with European data protection requirements.

We ourselves do not share any personal data that we receive through our Facebook page.

Information on contact options and further rights as a data subject

For further information on our contact details, including those of our data protection officer, the rights of data subjects vis-à-vis us and how we otherwise process personal data, please refer to the relevant sections of this privacy policy.

15.3.     Note on data processing on our Instagram fan page

We, cerebo GmbH, operate our own Instagram fan page at https://www.instagram.com/hominextapp/. As the operator of this Instagram page, we are jointly responsible with the provider of the social network Facebook (Facebook Ireland Ltd.) within the meaning of Art. 4 No. 7 of the General Data Protection Regulation (GDPR). When visiting our Facebook page, personal data of the page visitors are processed by both controllers.

We have concluded a data protection joint responsibility agreement (Page Controller Addendum) with Instagram. With this agreement, Instagram recognizes the joint responsibility with regard to so-called insights data and assumes essential obligations under data protection law for informing data subjects, for data security or for reporting data protection breaches. In addition, the agreement stipulates that Instagram is the primary contact for the exercise of data subjects' rights (Art. 15 - 22 GDPR). This is because, as the provider of the social network, Facebook alone has direct access to the necessary information and can also immediately take any necessary measures and provide information. However, should our support be required, we can be contacted at any time.

Use of Insights and Cookies

In connection with the operation of this Instagram fan page, we use the Insights function of Instagram to obtain anonymized statistical data on the users of our Instagram fan page. Instagram provides information about Insights and Instagram fanpages, for example, via its privacy notice.

In connection with visiting our and other Instagram pages, Instagram also uses cookies and other similar storage technologies. For more information about Instagram's use of cookies, please see their cookie policy.

Comments and messages; participation in raffles

On our Instagram fan page, you also have the opportunity to comment on our posts, rate them and get in touch with us via private messages or participate in competitions.

Legal basis

Storage purpose

Storage duration

Objection / opportunity for elimination

We operate this Instagram page to present, interact and communicate with Instagram users and other interested persons and our customers who visit our Instagram page. The processing of the users' personal data is based on our legitimate interests, in an optimized company and product presentation (Art. 6 para. 1 lit. f GDPR) as well as when participating in competitions or answering product application questions based on a (pre-)contractual relationship according to Art. 6 para. 1 lit. b) GDPR.

The processing of the information generated by Insights is intended to enable us, as the operator of the Instagram fan page, to obtain statistics that Instagram compiles based on visits to our Instagram fan page. This is for the purpose of controlling the marketing of our activity. For example, it allows us to gain knowledge of the profiles of visitors who like our Instagram page or use applications of the page in order to provide them with more relevant content and develop features that may be of greater interest to them.

In addition, to help us better understand how our Instagram Page can better achieve our business goals, demographic and geographic analyses are also created and provided to us based on the information we collect. We may use this information to target interest-based ads without directly knowing the identity of the visitor. If visitors use Instagram on multiple devices, the collection and analysis can also take place across devices if they are registered visitors who are logged into their own profiles.

The visitor statistics created are transmitted to us exclusively in anonymized form. We have no access to the respective underlying data.

Furthermore, we use our Instagram page to communicate with our customers, interested parties and Instagram users and to inform them about us and our products. In this context, we may receive further information, e.g. due to user comments, private messages or because you follow us or share our content. The processing takes place exclusively for the purpose of communication and interaction with you.

Your data will be deleted when the purpose ceases to exist, unless there is a retention obligation.

Instagram users can influence the extent to which their user behavior may be recorded when visiting our Instagram page under the settings for advertising preferences. Further options are offered by the Facebook settings or the form for the right to object.


Data sharing

It cannot be ruled out that some of the information collected will also be processed outside the European Union by Instagram Inc. based in the USA. Instagram Inc. has submitted to the standard contractual clauses adopted by the EU Commission and thus undertakes to comply with European data protection requirements.

We do not ourselves share any personal data that we receive through our Instagram page.

Information on contact options and further rights as a data subject

For further information on our contact details, including those of our data protection officer, the rights of data subjects vis-à-vis us and how we otherwise process personal data, please refer to the relevant sections of this privacy policy.

16.     Use of various social media plug-ins

16.1.     2-click solution

This website uses social media plug-ins exclusively using the 2-click solution. The 2-click solution has been introduced on this website so that data protection activities of built-in social media interfaces depend on the consent of the users. Next to the respective icon is a switch that is preset in a deactivated state. Thus, the websites of the corresponding social media plug-ins cannot establish a connection to their websites solely by the user's visit to the website and thus create and process user surf profiles. Only when a user activates the deactivated switch next to the plugin, a connection to the respective website is established.

16.2.     Facebook

This website uses social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are recognizable by one of the Facebook logos (white "f" on blue tile or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/

When a participant calls up a website of this offer that contains such a plugin, his browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser and integrated by it into the website. The provider therefore has no influence on the scope of the data that Facebook collects with the help of this plugin and therefore informs the participants according to its level of knowledge (https://www.facebook.com/help/186325668085084):

By integrating the plugins, Facebook receives the information that a participant has called up the corresponding page of the offer. If the participant is logged into Facebook, Facebook can assign the visit to his Facebook account. If participants interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted directly from your browser to Facebook and stored there. If a participant is not a member of Facebook, there is still the possibility that Facebook will learn and store his or her IP address. According to Facebook, only an anonymized IP address is stored in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and settings options for protecting the privacy of the participants, can be found here in the privacy policy of Facebook: https://www.facebook.com/policy.php.

If a participant is a Facebook member and does not want Facebook to collect data about him or her via this offer and link it to his or her membership data stored on Facebook, he or she must log out of Facebook before visiting the website.

It is also possible to block Facebook social plugins with add-ons for your browser, for example with the "Facebook Blocker".

16.3.     Twitter

Functions of the Twitter service are integrated on our pages. These functions are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the "Re-Tweet" function, the websites you visit are linked to your Twitter account and made known to other users. In the process, data is also transferred to Twitter. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter. For more information, please refer to Twitter's privacy policy at https://twitter.com/privacy.

You can change your Twitter privacy settings in your account settings at: https://twitter.com/account/settings.

16.4.     Instagram

This website uses social plugins ("Plugins") from Instagram, which is operated by Instagram LLC.,1601 Willow Road, Menlo Park, CA 94025, USA ("Instagram"). The plugins are marked with an Instagram logo, for example in the form of an "Instagram camera". An overview of the Instagram plugins and their appearance can be found here: https://www.instagram.com/developer/embedding/

When you access a page of our website that contains such a plugin, your browser establishes a direct connection to the servers of Instagram. The content of the plugin is transmitted by Instagram directly to your browser and integrated into the page. Through this integration, Instagram receives the information that your browser has called up the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged in to Instagram. This information (including your IP address) is transmitted by your browser directly to an Instagram server in the USA and stored there.

If you are logged in to Instagram, Instagram can directly assign your visit to our website to your Instagram account. If you interact with the plugins, for example by clicking the "Instagram" button, this information is also transmitted directly to an Instagram server and stored there. The information is also published on your Instagram account and displayed there to your contacts. For the purpose and scope of the data collection and the further processing and use of the data by Instagram, as well as your rights in this regard and setting options for protecting your privacy, please refer to Instagram's privacy policy: https://help.instagram.com/155833707900388/

If you do not want Instagram to directly assign the data collected via our website to your Instagram account, you must log out of Instagram before visiting our website. You can also completely prevent the loading of Instagram plugins with add-ons for your browser, e.g. with the script blocker "NoScript" (http://noscript.net/).

16.5.     Pinterest

Our website uses so-called social plug-ins ("plug-ins") of the social network Pinterest, which is operated by Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, USA ("Pinterest"). The plug-ins are recognizable, for example, by buttons with the sign "Pint it" on a white or red background. An overview of the Pinterest plug-ins and their appearance can be found here: https://developers.pinterest.com/docs/getting-started/introduction/

When you call up a page of our website that contains such a plug-in, your browser establishes a direct connection to the Pinterest servers. The content of the plug-in is transmitted by Pinterest directly to your browser and integrated into the page. Through the integration, Pinterest receives the information that your browser has called up the corresponding page of our website, even if you do not have a profile on Pinterest or are not currently logged in to Pinterest. This information (including your IP address) is transmitted by your browser directly to a Pinterest server in the USA and stored there. If you are logged in to Pinterest, Pinterest can directly assign your visit to our website to your Pinterest profile. If you interact with the plug-ins, for example by clicking the "Pin it" button, the corresponding information is also transmitted directly to a Pinterest server and stored there. The information is also published on Pinterest and displayed there to your contacts. For the purpose and scope of the data collection and the further processing and use of the data by Pinterest, as well as your rights in this regard and setting options for protecting your privacy, please refer to the Pinterest data protection information: https://about.pinterest.com/de/privacy-policy

If you do not want Pinterest to assign the data collected via our website directly to your profile on Pinterest, you must log out of Pinterest before visiting our website. You can also completely prevent the loading of Pinterest plug-ins with add-ons for your browser, e.g. with the script blocker "NoScript" (http://noscript.net/).

16.6.     More Social Media PlugIns

If we use other social media plug-ins, you will find further information on data protection in the respective data protection notices of these providers. If you do not find these, please contact us in confidence at contact@hominext.com.

17.     Your rights

If personal data is processed by you, you are the data subject within the meaning of the GDPR and you are entitled to the following rights towards the data controller:

17.1.     Right of access

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you may request information from the controller about the following:

(1)      the purposes of the processing;

(2)      the categories of personal data concerned;

(3)      the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

(4)      where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(5)      the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

(6)      the right to lodge a complaint with a supervisory authority;

(7)      where the personal data are not collected from the data subject, any available information as to their source;

(8)      the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

17.2.     Right to rectification

You have the right to have your personal data rectified and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

17.3.     Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(1)      if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

(2)      the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(3)      the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or

(4)      if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

17.4.     Right to erasure

17.4.1 Obligation to erasure personal data

You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:

(1)      the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(2)      the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;

(3)      the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);

(4)      the personal data have been unlawfully processed;

(5)      the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

(6)      the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

17.4.2 Information to third parties

If the controller has made your personal data public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

17.4.3 Exceptions

The right to erasure does not exist insofar as the processing is necessary to

(1)      the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;

(2)      the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);

(3)      the personal data have been unlawfully processed;

(4)      the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

(5)      the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

Furthermore, the right to erasure does not apply if the personal data must be stored by the controller due to legal storage obligations and periods. In such a case, the personal data will be blocked instead of deleted.

17.5.     Notification obligation

If you have exercised your right to rectify, erase or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, erasure or limitation, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed about these recipients by the data controller.

17.6.     Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable and interoperable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

(1)      the processing is based on consent pursuant to Art. 6 (1) a GDPR or Art. 9 (2) a GDPR or on a contract pursuant to Art. 6 (1) b GDPR and

(2)      (2) the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons shall not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

17.7.     Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object by means of automated procedures using technical specifications.

17.8.     Right to withdraw the declaration of consent under data protection law

You have the right to withdraw your consent at any time and without giving reasons. In the event of withdrawal we immediately will delete your personal data and no longer process it. The legality of the processing carried out on the basis of your given consent and carried out prior to your withdrawal is not affected by you withdrawal.

17.9.     Automated decision-making in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1)      is necessary for the conclusion or fulfillment of a contract between you and the responsible party,

(2)      is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or

(3)      (3) is done with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

17.10.   Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

18.     Contact for privacy or support inquiries

If you have any questions or comments about our handling of your personal data, or if you wish to exercise the rights as a data subject set out in section 6, please contact Mr. Majid Vesal Azad at the following contact details: contact@hominext.com

If you have any questions or comments about the practical use and operation of the app or support requests, please contact Hominext Customer Support.

19.     Changes to this privacy notice

We always keep this privacy notice up to date. Therefore, we reserve the right to change it from time to time and to update any changes in the collection, processing or use of your data. The current version of the data protection notice is always available under "Data protection notice" within the website.

 

Status: 25.02.2021
Controller: cerebo GmbH