Penemue

Privacy Policy

This is a convenience translation. Only the German version is legally binding.

With this privacy policy, we would like to inform you about how we process personal data and what information is collected when you use our services. Protecting your privacy is of the utmost importance to us. Please read this entire document to fully understand our practices. This privacy policy informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) in the course of providing our services and within our online offering and the associated websites, functions and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the “online offering”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Controller and Contact

PENEMUE Technologies GmbH
Rathausgasse 4
79098 Freiburg
Germany
privacy@penemue.de

Types of Data Processed

Categories of Data Subjects

Visitors and users of the online offering (hereinafter we also refer to the data subjects collectively as “users”).

Purpose of Processing

Definitions

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one 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 (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and covers practically every handling of data.

“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

“Controller” means 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.

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

In accordance with Art. 13 GDPR, we inform you of the legal basis for our data processing. For users within the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEA, the following applies unless the legal basis is stated in the privacy policy:
The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR;
The legal basis for processing to perform our services and carry out contractual measures as well as to respond to enquiries is Art. 6 (1) (b) GDPR;
The legal basis for processing to fulfil our legal obligations is Art. 6 (1) (c) GDPR;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
The legal basis for processing that 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 is Art. 6 (1) (e) GDPR.
The legal basis for processing to safeguard our legitimate interests is Art. 6 (1) (f) GDPR.
The processing of data for purposes other than those for which they were collected is governed by Art. 6 (4) GDPR.
The processing of special categories of data (pursuant to Art. 9 (1) GDPR) is governed by Art. 9 (2) GDPR.

Security Measures

In accordance with the legal requirements, and taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.

These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, disclosure, ensuring availability and separation of the data. We have also established procedures to ensure the exercise of data subject rights, the deletion of data and the response to data breaches. Furthermore, we take the protection of personal data into account as early as the development and selection of hardware, software and procedures, in accordance with the principle of data protection by design and by default.

Cooperation with Processors, Joint Controllers and Third Parties

If, in the course of our processing, we disclose data to other persons and companies (processors, joint controllers or third parties), transmit it to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g. if a transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract), if users have consented, if a legal obligation provides for this, or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we disclose data to other companies in our group of companies or otherwise grant them access, this is done in particular for administrative purposes as a legitimate interest and, beyond that, on a basis that complies with the legal requirements.

Transfers to Third Countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation), or if this occurs in the context of using third-party services or disclosing or transferring data to other persons or companies, this is done only if it is necessary to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have data processed in a third country only if the legal requirements are met. This means, for example, that processing takes place on the basis of special guarantees, such as the officially recognised determination of a level of data protection equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations.

Rights of Data Subjects

You have the right to obtain confirmation as to whether data concerning you is being processed, and to obtain information about this data as well as further information and a copy of the data in accordance with the legal provisions.

You have the right, in accordance with the legal provisions, to request the completion of data concerning you or the correction of inaccurate data concerning you.

You have the right, in accordance with the legal provisions, to request that data concerning you be deleted without delay or, alternatively, in accordance with the legal provisions, to request a restriction of the processing of the data.

You have the right to request that the data concerning you that you have provided to us be received and transferred to other controllers in accordance with the legal provisions.

You also have the right, in accordance with the legal provisions, to lodge a complaint with the competent supervisory authority.

Right of Withdrawal

You have the right to withdraw consent given with effect for the future.

Right to Object

You may object to the future processing of data concerning you at any time in accordance with the legal provisions. The objection may in particular be made against processing for the purposes of direct marketing.

Cookies and Right to Object to Direct Marketing

“Cookies” are small files that are stored on users’ computers. Various information can be stored in cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie may store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be saved if users visit the site after several days. Likewise, the interests of users used for reach measurement or marketing purposes can be stored in such a cookie. “Third-party cookies” are cookies offered by providers other than the controller operating the online offering (otherwise, if they are only the controller’s cookies, they are called “first-party cookies”).

We may use temporary and permanent cookies and explain this in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies may lead to functional restrictions of this online offering.

A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by deactivating them in the browser settings. Please note that in this case not all functions of this online offering may be usable.

Deletion of Data

The data we process is deleted or its processing restricted in accordance with the legal provisions. Unless expressly stated in this privacy policy, the data stored by us is deleted as soon as it is no longer required for its intended purpose and there are no legal retention obligations preventing its deletion.

If the data is not deleted because it is required for other legally permissible purposes, its processing is restricted. This means the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

Changes and Updates to the Privacy Policy

We ask you to regularly inform yourself about the content of our privacy policy. We adapt the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

In addition, we process

of our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Agency Services

We process our customers’ data within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.

In doing so, we process master data (e.g. customer master data such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of the contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. in the context of evaluating and measuring the success of marketing measures). As a rule, we do not process special categories of personal data unless they are part of a commissioned processing. Data subjects include our customers, prospective customers and their customers, users, website visitors or employees, as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal bases for processing are Art. 6 (1) (b) GDPR (contractual services) and Art. 6 (1) (f) GDPR (analysis, statistics, optimisation, security measures). We process data that is necessary to establish and fulfil the contractual services and point out the necessity of providing it. Disclosure to external parties only takes place if it is necessary within the scope of an order. When processing data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements for commissioned processing pursuant to Art. 28 GDPR, and do not process the data for any purposes other than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (6 years pursuant to § 257 (1) HGB, 10 years pursuant to § 147 (1) AO). In the case of data disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.

Administration, Financial Accounting, Office Organisation, Contact Management

We process data in the context of administrative tasks as well as the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The legal bases for processing are Art. 6 (1) (c) GDPR and Art. 6 (1) (f) GDPR. Customers, prospective customers, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in administration, financial accounting, office organisation and archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information given for these processing activities.

In this context, we disclose or transfer data to the tax authorities, consultants such as tax advisors or auditors, as well as other fee offices and payment service providers.

Furthermore, based on our business interests, we store information on suppliers, event organisers and other business partners, e.g. for the purpose of contacting them later. We generally store this data, which is mostly company-related, permanently.

Business Analyses and Market Research

In order to operate our business economically and to identify market trends and the wishes of contractual partners and users, we analyse the data available to us on business transactions, contracts, enquiries, etc. In doing so, we process master data, communication data, contract data, payment data, usage data and metadata on the basis of Art. 6 (1) (f) GDPR, whereby the data subjects include contractual partners, prospective customers, customers, visitors and users of our online offering.

The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with information, for example on the services they use. The analyses help us to increase user-friendliness, optimise our offering and improve business efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with aggregated values.

If these analyses or profiles are personal, they are deleted or anonymised when the user terminates their use, otherwise after two years from the conclusion of the contract. In addition, overall business analyses and general trend analyses are prepared anonymously wherever possible.

Retrieval of Emojis and Smilies

Within our WordPress blog, graphic emojis (or smilies), i.e. small graphic files that express emotions, are used and obtained from external servers. The server providers collect the IP addresses of users. This is necessary so that the emoji files can be transmitted to users’ browsers. The emoji service is provided by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Automattic privacy policy: https://automattic.com/privacy/. The server domains used are s.w.org and twemoji.maxcdn.com, which to our knowledge are so-called content delivery networks, i.e. servers that only serve the fast and secure transmission of files, and the personal data of users is deleted after transmission.

Emojis are used on the basis of our legitimate interests, i.e. our interest in an attractive design of our online offering pursuant to Art. 6 (1) (f) GDPR.

Contact

When you contact us (e.g. via contact form, email, telephone or social media), the user’s data is processed to handle and process the contact request in accordance with Art. 6 (1) (b) GDPR (within the scope of contractual/pre-contractual relationships) and Art. 6 (1) (f) GDPR (other enquiries). The user’s information may be stored in a customer relationship management system (“CRM system”) or a comparable enquiry organisation.

We delete enquiries when they are no longer required. We review the necessity every two years; statutory archiving obligations also apply.

Google Analytics

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use Google Analytics, a web analysis service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offering by users is usually transmitted to a Google server in the USA and stored there.

Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on online activities and to provide us with further services associated with the use of this online offering and internet usage. Pseudonymous user profiles may be created from the processed data.

We only use Google Analytics with IP anonymisation activated. This means that Google shortens the IP address of users within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.

The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offering by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

Further information on data use by Google, setting and objection options can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).

Users’ personal data is deleted or anonymised after 14 months.

Jetpack (WordPress Stats)

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use the Jetpack plugin (here the “WordPress Stats” sub-function), which integrates a tool for the statistical evaluation of visitor access and is offered by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Jetpack uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website.

The information generated by the cookie about your use of this online offering is stored on a server in the USA. User profiles may be created from the processed data, although these are only used for analysis and not for advertising purposes. Further information can be found in Automattic’s privacy policy: https://automattic.com/privacy/ and the notes on Jetpack cookies: https://jetpack.com/support/cookies/.

Online Presence on Social Media

We maintain online presences within social networks and platforms in order to communicate with the customers, prospective customers and users active there and to inform them about our services.

Please note that user data may be processed outside the European Union. This may result in risks for users because, for example, the enforcement of users’ rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we point out that they thereby undertake to comply with EU data protection standards.

Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the usage behaviour and resulting interests of users. The user profiles can in turn be used, for example, to place advertisements within and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are generally stored on users’ computers, in which the usage behaviour and interests of the users are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

The processing of users’ personal data is based on our legitimate interests in effectively informing and communicating with users pursuant to Art. 6 (1) (f) GDPR. If users are asked by the respective providers for consent to data processing (i.e. declare their consent, e.g. by ticking a checkbox or confirming a button), the legal basis for processing is Art. 6 (1) (a) and Art. 7 GDPR.

For a detailed description of the respective processing and the options to object (opt-out), we refer to the provider information linked below.

Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to users’ data and can take appropriate measures and provide information directly. If you still need help, please feel free to contact us.

Integration of Third-Party Services and Content

Within our online offering, on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use content or service offerings from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).

This always presupposes that the third-party providers of this content perceive the IP address of the users, as without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We endeavour to use only content whose respective providers use the IP address solely to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, and may also be linked to such information from other sources.

Vimeo

We may embed videos from the “Vimeo” platform of the provider Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy policy: https://vimeo.com/privacy. Please note that Vimeo may use Google Analytics; we refer to the privacy policy (https://policies.google.com/privacy) and the opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=en) or Google’s settings for the use of data for marketing purposes (https://adssettings.google.com/).

YouTube

We embed videos from the “YouTube” platform of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

HubSpot

We use HubSpot, a tool for digital marketing and newsletter services. The provider is the US company HubSpot, Inc., based at 25 First Street, 2nd Floor, Cambridge, MA, USA, and in Ireland at 1 Sir John Rogerson’s Quay, Dublin 2, Ireland. HubSpot also processes your data in the USA. HubSpot is an active participant in the EU-US Data Privacy Framework, which regulates the correct and secure transfer of personal data of EU citizens to the USA. Further information can be found at https://commission.europa.eu/document/fa09cbad-dd7d-4684-ae60-be03fcbOfddf_en. In addition, HubSpot uses so-called standard contractual clauses (e.g. Article 46 (2) and (3) GDPR). Standard contractual clauses (SCC) are templates provided by the EU Commission to ensure that your data complies with European data protection standards even when it is transferred to and stored in third countries (such as the USA). Through the EU-US Data Privacy Framework and the standard contractual clauses, HubSpot undertakes to maintain the European level of data protection when processing your relevant data, even if the data is stored, processed and managed in the USA. These clauses are based on an implementing decision of the EU Commission. You can find the decision and the relevant standard contractual clauses here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?locale=en. The data processing agreement corresponding to the standard contractual clauses can be found at https://legal.hubspot.com/dpa. Further information about the data processed through the use of HubSpot can be found in the privacy policy at https://legal.hubspot.com/privacy-policy.

Google Fonts

We integrate the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.

Newsletter Service: Digitale Fäden entlarvt

Regarding our newsletter “Digitale Fäden entlarvt” (Digital threads exposed): We offer this newsletter service in cooperation with the company Fortitude (Linus Siebert, Rita Gsenger), based at Tegeler Straße 41A, 13353 Berlin. Registering for this newsletter service means that the personal data submitted at the time of registration is processed both by us and by Fortitude. Furthermore, registration implies that both companies regularly inform subscribers about the companies’ information, areas of interest and products.

As of 30 January 2024

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Privacy Policy