Privacy Policy

1. An overview of data protection/personal information

Introduction

This privacy policy (“this Policy”) of DORKK (PTY) LTD (“DorKk”, “us” or “we”) contractually regulates our right to collect and use the information that we have about you (“User” or “you”), which includes both the parent or legal guardian and the minor child of the parent or legal guardian, and your rights in this regard, and applies to your use of our website (dorkk.online, including all sub-domains) and any application downloaded by a User of a mobile or other device and the services that we offer (“Services”) through our platform made available through the website and any application. This Policy creates a legally binding agreement between us and you and will apply as soon as we collect your data, or you start using the website or Services.

Your use of the Website and Services will be regulated by this Policy as well as any other terms that are available on the website and/or the agreements that you enter into with us.

Changes to this Policy: unless notice is required in terms of any applicable laws, we may change this Policy from time to time in line with any changes that the law or our internal business operations require, without prior notice. However, we will notify you of any material changes to this Policy. The current version of this Policy that applies each time you visit and/or use our website and/or Services will regulate our relationship. It is your responsibility to consider the policy each time you visit the website. If you do not agree with any terms of this Policy, you must stop using the website and/or Services.

The right to privacy and this Policy is important to us. We are committed to taking steps to protect your privacy when you use the website and Services and we, therefore, implement business practices that comply with the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) as well as the South African Protection of Personal Data/Information Act, 4 of 2013 (“POPI”) (collectively referred to as “Applicable Law” in this Policy). In this Policy, we explain how we will use and protect your Personal Data/Information in terms of Applicable Law.

Personal Data/Information Where we refer to “Personal Data/Information” in this Policy, we mean personal information as defined in Applicable Law, being information that may be used to directly or indirectly to identify you. Personal Data/Information includes, for example, your name, surname, email address, identity number, contact details, photograph and location.

For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we collect and record your Personal Data/Information?

We collect your Personal Data/Information as a result of your sharing of your data with us. This may, for instance, be information you enter into our contact form. Other data shall be recorded by our IT systems automatically or after your consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

We collect Personal Data/Information about you from the following sources:

directly from you when you provide it to us, such as when you signup to use our website and Services, contact us or through the course of our relationship with you;
in the case of a child, from your parent or legal guardian;
from public sources where you have made your Personal Data/Information public, such as on social media;
from your use of our website or use of any features or resources available on or through our website; and
from third parties when you interact with them through the website, where they are authorised to share your Personal Data/Information or your interaction with us as a result of the Services or as required of the third parties to share it with us or otherwise if Applicable Laws allow us.

Where you provide information, including Personal Data/Information/Information, about someone other than yourself, you warrant that you have that person's consent to provide that information for the purpose for which you provide it to us.

Categories of Personal Data/Information that we process

General personal details: your name and surname, gender, date of birth, age, nationality, language preferences, identity or passport number.

Special personal information: such as biometric information, health information, genetic data, race or ethnic origin, or criminal behaviour of the data subject.
Contact details: your address, contact number, email address, and public social media profile(s).
User information: Personal Data/Information included in correspondence, transaction documents, use of the Services or other materials that we process in the course of providing the Services.
Education information: present school, level of education, type of education curriculum and subjects being studied, and extra-curricular activities.
Consent records: records of any consents you have given us in respect of using your Personal Data/Information and any related information, such as the specific details of the consent. We will also record any withdrawals or refusals of consent.
Payment details: details related to any payments made, such as payment method, the information provided by payment gateway service provider, payment amount, date and reason for payment and related information.
Data relating to our website: such as the type of device you use to access the Website and App, the operating system and browser, browser settings, IP address, dates and times of connecting to and using the website and other technical communications information.
Cookies and other technologies.
Account details: such as your username, password, usage data, and aggregate statistical information.
Content and advertising data: records of your interactions with our online advertising on the various websites which we advertise and records relating to the content displayed on webpages displayed to you.
Views and opinions: any views and opinions that you choose to share with us, or publicly post about us on social media platforms or elsewhere.
Children's Personal Data/Information: Personal Data/Information of any User that qualifies as a child in terms of the Applicable Law of the applicable jurisdiction necessary for us to render the Services and with the consent of a parent or guardian. We will only intentionally process the Personal Data/Information of children with the consent of a parent or guardian of that child where required in terms of Applicable Law.

Children's data/information and special Personal Data/Information

Due to the nature of the Services we provide, we collect and use children’s Personal Information with the consent of their parents or legal guardians.

We do not intentionally collect or use children's Personal Information (for purposes other than providing the Services to Users that are children) without the consent of a parent or guardian of the child unless the User is capable of consenting to the processing of his/her Personal Information in terms of the Applicable Laws in his/her jurisdiction.

Similarly, we will only collect or process special Personal Information without your consent or if otherwise allowed by Applicable Law.

What are the purposes we use your Personal Data/Information for?

We only process adequate and relevant Personal Data/Information for the following purposes and legal bases:

guarantee the error-free provision of the Website;
perform in terms of our agreement with you (provide you with the Services and access to the website, including registering for and delivering the Services);
operate and manage your account or your relationship with us;
monitor and analyse our business to ensure that it is operating properly, for financial management and business development purposes;
contact you by email, telephone, text message, push notifications or other means to inform you about our Services, unless you have opted-out of such communications (direct marketing);
form a view of you as an individual and to identify, develop or improve the website and services that may interest you;
carry out market research and surveys, business and statistical analysis and necessary audits;
prevent fraud;
perform other administrative and operational tasks like testing our processes and systems and ensuring that our security measures are appropriate and adequate; and
comply with our regulatory, legal or other obligations.

In addition to the above purposes, we may use your Personal Data/Information for other purposes if the Applicable Law allows for it, if you consent to it, or if it is in the public interest to do so. All purposes for the processing of your Data/Information will be allowed in terms of Applicable Law.

What rights do you have as far as your information is concerned?

You have certain rights concerning your Personal Data/Information. As available and except as limited under Applicable Law, you have the following rights in respect of your Personal Information:

right to receive information about the source, recipients, and purposes of your archived Personal Data/Information at any time without having to pay a fee for such disclosures;
right of access: the right to be informed of and request access to the Personal Information that we process about you;
right to rectification: you may request that your Personal Information be amended or updated where it is inaccurate or incomplete;
right to erasure: the right to request that we delete your Personal Information, subject to applicable limitations and exceptions;
right to restrict processing: you may request that we temporarily or permanently stop processing your Personal Information;
right to object:

you may object to us processing your Personal Information; and
to your Personal Information being processed for direct marketing purposes;

right to log a complaint with the competent supervising agency;
right to information portability: you may request a copy of your Personal Information and request your information to be transmitted for use by another person; and
right not to be subject to automated decision-making: where a decision that has a legal or other significant effect is based solely on automated decision making, including profiling, you may request that your Personal Information not be processed in that manner.

Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information if another legal justification exists for the processing.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analysed when you visit this website. Such analyses are performed primarily with what we refer to as analysis programs. For detailed information about these analysis programs please consult our Data Protection Declaration below.

Disclosure of Personal Data/Information to third parties

We will keep your Personal Data/Information confidential and only share it with others in terms of this Policy, or if you consent to it, or if the law requires us to share it. We may disclose your Data/Information to:

the qualification bodies that we partner with to provide you with the Services as further described in the Terms and Conditions on the website;
our business partners or third-party service providers and processors to provide you with access to the website and/or the Services, such as data storage and other necessary service providers, third-party payment processors, etc. in accordance with written agreements with these third parties;
legal and regulatory authorities, upon their request, or for the purposes of reporting any breach of Applicable Law;
accountants, auditors, lawyers and other external professional advisors in terms of written agreements with them;
any relevant party to the extent necessary for the establishment, exercise or defence of legal rights, criminal offences, threats to public security, etc.; any relevant third party if we sell or transfer all or any portion of our business or assets; and
any relevant third-party provider where our website uses third party advertising, plugins, or content.

If we engage third party processors to process your Personal Data/Information, the processors will only be appointed in terms of a written agreement which will require the third-party processors to only process Personal Data/Information in terms of our mandate, use appropriate measures to ensure the confidentiality and security of your Personal Data/Information and comply with any other requirements set out in the agreement and required by Applicable Law.

Our website may connect to various social media websites or apps, including, but not limited to, Facebook, Twitter, LinkedIn, Instagram. TikTok. If you want to use the website for social media integration, we will share your Personal Data/Information with the relevant social media websites or apps.

International transfers of Personal Data/Information

Due to the nature of the Services and our business is established and performed in different countries and us working with business partners and service providers in different countries, we may need to transfer Personal Data/Information to and from the different countries for internal business purposes.

We may transfer your Personal Data/Information to recipients in other countries. We will only transfer Personal Data/Information to third parties in countries with adequate data protection laws or do so in terms of a written agreement with the recipient which imposes data protection requirements on that party as required by Applicable Law.

Please note that when you transfer any Personal Data/Information directly to a third party in another country (i.e. we do not send your Personal Information to the third party), we are not responsible for that transfer of Personal Information (and such transfer is not based on or protected by this Policy). Any Personal Data/Information that we receive from a third-party country will nevertheless be processed in terms of this Policy.

Security

We have implemented appropriate technical and organisational security measures designed to protect Personal Data/Information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. These measures are in accordance with Applicable Law.

The internet is an open and often vulnerable system and the transfer of information via the internet is not completely secure. Although we will implement all reasonable measures to protect Personal Data/Information, we cannot guarantee the security of your Personal Data/Information transferred to us using the internet. Therefore, you acknowledge and agree that any transfer of Personal Data/Information via the internet is at your own risk and you are responsible for ensuring that any Personal Data/Information that you send is sent securely.

Security breach

We will report any security breach to the applicable regulatory authority in terms of Applicable Law and to the individuals or companies whose Personal Data/Information is involved in the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, kindly notify us by sending an email to legal@dorkk.online.

Links on our website

Our website may include links to other apps or third-party websites which do not fall under our supervision. We cannot accept any responsibility for your privacy or the content of these third-party sites, but we display these links to make it easier for you to find information about specific subjects. If you use or rely on these links, you do so at your own risk.

2. Hosting and Content Delivery Networks (CDN)

External Hosting

This website is hosted by an external service provider (“host”). Personal Data/Information collected on this website are stored on the servers of the host. These may include but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site. The host is used to fulfil the contract with our potential and existing customers (Art. 6

para. 1 lit. b GDPR and the equivalent in terms of other Applicable Law) and in the interest of secure, fast, and efficient provision of our Online Services by a professional provider (Art. 6 para. 1 lit. f GDPR and the equivalent in terms of other Applicable Law).

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

Google Firebase

This website uses Google Firebase. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

https://firebase.google.com/

Execution of a contract data processing agreement

In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with our host.

Google Cloud CDN

We use the Google Cloud CDN content delivery network. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. Google offers a globally distributed content delivery network. Technically, the transfer of information between your browser and our website is routed through the Google network. This enables us to increase the global accessibility and performance of our website. The use of Google Cloud CDN is based on our legitimate interest in the most error-free and secure provision of our website (Art. 6(1)(f) GDPR and the equivalent in terms of other Applicable Law).

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European

Commission. Details can be found here:

https://cloud.google.com/terms/eu-model-contract-clause.

You can find more information about Google Cloud CDN here:

https://cloud.google.com/cdn/docs/overview?hl=en.

Execution of a contract data processing agreement

In order to guarantee data protection compliant processing, we have concluded a contract for order processing with Google for the use of Google Cloudflare CDN.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your Personal Data/Information very seriously. Hence, we handle your Personal Data/Information as confidential information and in compliance with the Applicable Law and this Data Protection Declaration. Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we

collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected. We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

Leonardo Pillay

6 Usutu Road

Westcliff

Randburg

2193

Phone: +27 84 569 0322

E-mail: legal@dorkk.online

The controller is the natural person or legal entity that single-handedly or jointly with others makes

decisions as to the purposes of and resources for the processing of Personal Data/Information (e.g., names, e-mail

addresses, etc.).

Storage duration

We take every reasonable step to ensure that your Personal Information is only Processed for the minimum period necessary for the purposes set out in this Policy.

We retain Personal Information in accordance with the required retention periods in Applicable Law or for legitimate business purpose. Unless a more specific storage period has been specified in this privacy policy, your Data/Information will remain

with us until the purpose for which it was collected no longer applies. If you assert a justified request for

deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally

permissible reasons for storing your Personal Data/Information (e.g., tax or commercial law retention periods); in the

latter case, the deletion will take place after these reasons cease to apply.

We may keep Personal Data/Information indefinitely in a de-identified format for statistical purposes, which may include for example statistics of how you use the website and Services.

Designation of a data protection officer as mandated by the Applicable Law

We have appointed a data protection officer for our company.

Leonardo Pillay

6 Usutu Road

Westcliff

Randburg

2193

Phone: +27 84 569 0322

E-mail: legal@dorkk.online

Information on data transfer to the USA

Our website uses, in particular, tools from companies based in the USA. When these tools are active, your Personal Data/Information may be transferred to the US servers of these companies. We must point out that the USA is not a safe third country within the meaning of the Applicable Laws data protection laws. US companies are required to release Personal Data/Information to security authorities without you as the data subject is able to take legal action against this. The possibility cannot, therefore, be excluded that US authorities (e.g. secret services) may process, evaluate, and permanently store your data on US servers for monitoring purposes. We do not influence these processing activities.

Revocation of your consent to the processing of data

A wide range of data processing transactions is possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).

Direct marketing

We may process your Personal Information to contact you to provide you with information regarding our Services that may be of interest to you. Where we provide Services to you (where you are a User), we may send information to you regarding our Services and other information that may be of interest to you, using the contact details that you have provided to us. We will only send you direct marketing communications where you have consented to us sending you direct marketing or otherwise in compliance with Applicable Laws.

You may unsubscribe from any direct marketing communications at any time by clicking on the unsubscribe link that we include in every direct marketing communication or by contacting us and requesting us to do so.

Right to log a complaint with the competent supervisory agency

In the event of violations of the Applicable Law, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

You may contact inter alia:

GDPR The European Commission

Online complaint procedure: https://ec.europa.eu/info/about-european-commission/contact/problems-and-complaints/how-make-complaint-eu-level/submit-complaint_en

Address: European Commission, Secretary-GeneralB-1049 Brussels, Belgium

Fax: 322296433519.

The South African Information Regulator

Website: http://www.justice.gov.za/inforeg/index.html

Address: SALU Building, 316 Thabo Sehume Street, Pretoria

Tel: 012 406 4818Fax: 086 500 3351

Email: inforeg@justice.gov.za

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine-readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line. If the SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Encrypted payment transactions on this website

If you are under an obligation to share your payment information (e.g. account number if you give us the authority to debit your bank account) with us after you have entered into a fee-based contract with us, this information is required to process payments. Payment transactions using common modes of paying (Visa/MasterCard, debit to your bank account) are processed exclusively via encrypted SSL or TLS connections. You can recognize an encrypted connection by

checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line. If the communication with us is encrypted, third parties will not be able to read the payment information you share with us.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand

information about your archived Personal Data/Information, their source and recipients as well as the purpose of the processing of your data. This request may be subject to an access to information request in terms of Applicable Laws and may require you to verify your identity, identify the rights you are wishing to exercise and pay a fee.

The right to access your Personal Data/Information may further be limited in terms of Applicable Law.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your Personal Data/Information is concerned. To do so, you may contact us at any time. The right to demand the restriction of processing applies in the following cases:

In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your Personal Data/Information.
If the processing of your Personal Data/Information was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
If we do not need your Personal Data/Information any longer and you need it to exercise, defend or claim legal
entitlements, you have the right to demand the restriction of the processing of your Personal Data/Information instead of its eradication.
If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR (and the equivalent in terms of other Applicable Law), your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your Personal Data/Information.

If you have restricted the processing of your data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the Applicable Law.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory

information to be provided in our Site Notice to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

4. Recording of data on this website

Use of Cookies and similar technologies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files about browsing activities that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser. In some cases, it is possible that third-party cookies are stored on your device once you enter our site (third party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g., cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g., the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages. Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g., for the shopping cart function) or those that are necessary for the optimization of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6 Sect. 1 lit. f GDPR (and the equivalent in terms of other Applicable Law), unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error-free and optimized provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6 Sect. 1 lit. a GDPR); this consent may be revoked at any time. You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited. In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

Cookie Consent with Consent Manager Provider

Our website uses the Consent Manager Provider cookie consent technology to obtain your consent to the storage of certain cookies on your device and data protection legislation compliant documentation of the former. The party offering this technology is Jaohawi AB, Håltegelvägen 1b, 72348 Västerås, Sweden, website:

https://www.consentmanager.de ( “Consent Manager Provider”).

Whenever you visit our website, a connection with the Consent Manager Provider’s servers will be

established to obtain your consent and other declarations regarding the use of cookies. Moreover, the Consent Manager Provider shall store a cookie in your browser to be able to allocate your

declaration(s) of consent or any revocations of the former. The data that is recorded in this manner shall be stored until you ask us to eradicate them, delete the Consent Manager Provider cookie or until the purpose for archiving the data no longer exists. This shall be without prejudice to any mandatory legal retention periods. Consent Manager Provider uses cookies to obtain the declarations of consent mandated by law. The legal basis for the use of such cookies is Art. 6 Sect. 1 Sentence 1 lit. c GDPR (or the equivalent in terms of other Applicable Law).

Contact form

If you submit enquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your enquiry and in the event that we have further questions. We will not share this information without your consent. The processing of these data is based on Art. 6 para. 1 lit. b GDPR (and the equivalent in terms of other Applicable Law), if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases, services/payment the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 Para. 1 lit. f GDPR, and the equivalent in terms of other Applicable Law) or on your agreement (Art. 6 Para. 1 lit. a GDPR (and the equivalent in terms of other Applicable Law)) if this has been requested. The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting Personal Data/Information (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent. These data are processed on the basis of Art. 6 Sect. 1 lit. b GDPR (and the equivalent in terms of other Applicable Law) if your inquiry is related to the fulfilment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6 Sect. 1 lit. f GDPR) or on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR and the equivalent in terms of other Applicable Law) if it has been obtained. The data sent by you to us via contact requests remain with us until you request us to delete, revoke your

consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

Registration on this website

You have the option to register on this website to be able to use additional website functions. We shall use the data you enter only for the purpose of using the respective offer or service you have registered for. The required information we request at the time of registration must be entered in full. Otherwise, we shall reject the registration.

To notify you of any important changes to the scope of our portfolio or in the event of technical

modifications, we shall use the e-mail address provided during the registration process. We shall process the data entered during the registration process on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR and the equivalent in terms of other Applicable Law). The data recorded during the registration process shall be stored by us as long as you are registered on this website. Subsequently, such data shall be deleted. This shall be without prejudice to mandatory statutory retention obligations.

The comment function on this website

When you use the comment function on this website, information on the time the comment was generated and, if you are not posting anonymously, the username you have selected will be archived in addition to your comments.

Storage period for comments

Comments and any affiliated information shall be stored by us and remain on this website until the content the comment pertained to has been deleted in its entirety or if the comments had to be deleted for legal reasons (e.g., insulting comments).

Legal basis

Comments are stored on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR and the equivalent in terms of other Applicable Law). You have the right to revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

5. Analysis tools and advertising

Google Tag Manager

This website uses functions of the web analysis service Google Tag Manager. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

The Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other

technologies on our website. The Google Tag Manager itself does not create any user profiles, does not store cookies, and does not carry out any independent analyses. It only manages and runs the tools integrated via it. However, the Google Tag Manager does collect your IP address, which may also be transferred to Google’s parent company in the United States. The Google Tag Manager is used on the basis of Art. 6(1)(f) GDPR (and the equivalent in terms of other Applicable Law). The website operator has a legitimate interest in the quick and uncomplicated integration and administration of various tools on his website. If the relevant consent has been requested, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR (and the equivalent in terms of other Applicable Law); the consent can be revoked at any time.

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyse the behaviour patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. Google may consolidate these data in a profile that is allocated to the respective user or the user’s device.

Google Analytics uses technologies that make the recognition of the user for the purpose of analysing the user behaviour patterns (e.g., cookies or device fingerprinting). The website use information recorded by Google is, as a rule, transferred to a Google server in the United States, where it is stored. This analysis tool is used on the basis of Art. 6 Sect. 1 lit. f GDPR (and the equivalent in terms of other Applicable Law). The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities. If a corresponding agreement has been requested (e.g., an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR (and the equivalent in terms of other Applicable Law); the agreement can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European

Commission. Details can be found here:

https://privacy.google.com/businesses/controllerterms/mccs/

IP anonymization

On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyse your use of this website to generate reports on website activities and to render other services to the operator of this website that is related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

Browser plug-in

You can prevent the recording and processing of your data by Google by downloading and installing the browser plugin available under the following link:

https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at:

https://support.google.com/analytics/answer/6004245?hl=en.

Contract data processing

We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.

Demographic parameters provided by Google Analytics

This website uses the “demographic characteristics” function of Google Analytics, to be able to display to the website visitor compatible ads within the Google advertising network. This allows reports to be created that contain information about the age, gender, and interests of the website visitors. The sources of this information are interest-related advertising by Google as well as visitor data obtained from third-party providers. This data cannot be allocated to a specific individual. You have the option to deactivate this function at any time by making pertinent settings changes for advertising in your Google account or you can generally prohibit the recording of your data by Google Analytics as explained in section “Objection to the recording of data”.

Archiving period

Data on the user or incident level stored by Google linked to cookies, user IDs or advertising IDs (e.g., DoubleClick cookies, Android advertising ID) will be anonymized or deleted after 14 months. For details, please click the following link:

https://support.google.com/analytics/answer/7667196?hl=en

Google Conversion-Tracking

This website uses Google Conversion Tracking. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

With the assistance of Google Conversion Tracking, we are in a position to recognize whether the user has completed certain actions. For instance, we can analyse how frequently which buttons on our website have been clicked and which products are reviewed or purchased with a particular frequency. The purpose of

this information is to compile conversion statistics. We learn how many users have clicked on our ads and which actions they have completed. We do not receive any information that would allow us to personally identify the users. Google as such uses cookies or comparable recognition technologies for identification purposes.

We use Google Conversion Tracking on the basis of Art. 6 Sect. 1 lit. et seq. GDPR (and the equivalent in terms of other Applicable Law). The operator of the website has a legitimate interest in the analysis of the usage patterns with the aim of optimizing both, the operator’s web presentation and advertising. If a respective declaration of consent was requested (e.g., concerning the storage of cookies), processing shall occur exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR; the given consent may be revoked at any time. For more information about Google Conversion Tracking, please review Google’s data protection policy at:

https://policies.google.com/privacy?hl=en

Facebook Pixel

To measure conversion rates, this website uses the visitor activity pixel of Facebook. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland.

According to Facebook’s statement, the collected data will be transferred to the USA and other third-party countries too. This tool allows the tracking of page visitors after they have been linked to the website of the provider after clicking on a Facebook ad. This makes it possible to analyse the effectiveness of Facebook ads for statistical and market research purposes and to optimize future advertising campaigns. For us as the operators of this website, the collected data is anonymous. We are not in a position to arrive at any conclusions as to the identity of users. However, Facebook archives the information and processes it, so that it is possible to make a connection to the respective user profile and Facebook is in a position to use the data for its own promotional purposes in compliance with the Facebook Data Usage Policy. This enables Facebook to display ads on Facebook pages as well as in locations outside of Facebook. We as the operator of this website have no control over the use of such data.

The use of Facebook Pixel is based on Art. 6 Sect. 1 lit. f GDPR (and the equivalent in terms of other Applicable Law). The operator of the website has a legitimate interest in effective advertising campaigns, which also include social media. If a corresponding agreement has been requested (e.g., an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR (and the equivalent in terms of other Applicable Law); the agreement can be revoked at any time. Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission.

Details can be found here:

https://www.facebook.com/legal/EU_data_transfer_addendum

and

https://de-de.facebook.com/help/566994660333381

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The wording of the agreement can be found under:

https://www.facebook.com/legal/controller_addendum

According to this agreement, we are responsible for providing the privacy information when using the Facebook tool and for the privacy-secure implementation of the tool on our website. Facebook is responsible for the data security of Facebook products. You can assert data subject rights (e.g., requests for information) regarding data processed by Facebook directly Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook. In Facebook’s Data Privacy Policies, you will find additional information about the protection of your privacy at:

https://www.facebook.com/about/privacy/

You also have the option to deactivate the remarketing function “Custom Audiences” in the ad settings section under:

https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen

To do this, you first have to log into Facebook. If you do not have a Facebook account, you can deactivate any user-based advertising by Facebook on the website of the European Interactive Digital Advertising Alliance:

http://www.youronlinechoices.com/de/praferenzmanagement/

6. Newsletter

Newsletter data

If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided, and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.

The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR and the equivalent in terms of other Applicable Law). You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.

The data deposited with us for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter or the newsletter service provider and deleted from the newsletter distribution list after you unsubscribe from the newsletter or after the purpose has ceased to apply. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest in accordance with Art. 6(1)(f) GDPR (and the equivalent in terms of other Applicable Law).

After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest in complying with the legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR and the equivalent in terms of other Applicable Law). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.

7. Plug-ins and Tools

Google Web Fonts

To ensure that fonts used on this website are uniform, this website uses so-called Web Fonts provided by Google. When you access a page on our website, your browser will load the required web fonts into your browser cache to correctly display text and fonts.

To do this, the browser you use will have to establish a connection with Google’s servers. As a result, Google will learn that your IP address was used to access this website. The use of Google Web Fonts is based on Art. 6 Sect. 1 lit. f GDPR (and the equivalent in terms of other Applicable Law). The website operator has a legitimate interest in a uniform presentation of the font on the operator’s website. If a respective declaration of consent has been obtained (e.g., consent to the archiving of cookies), the data will be processed exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR (and the equivalent in terms of other Applicable Law). Any such consent may be revoked at any time. If your browser should not support Web Fonts, a standard font installed on your computer will be used. For more information on Google Web Fonts, please follow this link:

https://developers.google.com/fonts/faq

and consult Google’s Data Privacy Declaration under:

https://policies.google.com/privacy?hl=en.

Font Awesome (local embedding)

This website uses Font Awesome to ensure the uniform use of fonts on this site. Font Awesome is locally installed so that a connection to Fonticons, Inc.’s servers will not be established in conjunction with this application. For more information on Font Awesome, please and consult the Data Privacy Declaration for Font Awesome under:

https://fontawesome.com/privacy.

8. eCommerce and payment service providers

Processing of data (customer and contract data)

We collect, process, and use Personal Data/Information only to the extent necessary for the establishment, content organization or change of the legal relationship (data inventory). These actions are taken on the basis of Art. 6 Sect. 1 lit. b GDPR (and the equivalent in terms of other Applicable Law), which permits the processing of data for the fulfilment of a contract or pre-contractual actions. We collect, process, and use personal data concerning the use of this website (usage data) only to the extent that this is necessary to make it possible for users to utilize the services and to bill for them. The collected customer data shall be eradicated upon completion of the order or the termination of the business relationship. This shall be without prejudice to any statutory retention mandates.

Data transfer upon closing of contracts for services and digital content

We share Personal Data/Information with third parties only if this is necessary for conjunction with the handling of the contract; for instance, with the financial institution tasked with the processing of payments.

Any further transfer of data shall not occur or shall only occur if you have expressly consented to the transfer. Any sharing of your data with third parties in the absence of your express consent, for instance for advertising purposes, shall not occur. The basis for the processing of data is Art. 6 Sect. 1 lit. b GDPR (and the equivalent in terms of other Applicable Law), which permits the processing of data for the fulfilment of a contract or for pre-contractual actions.

Payment services

We integrate payment services of third-party companies on our website. When you make a purchase from us, your payment data (e.g. name, payment amount, bank account details, credit card number) are processed by the payment service provider for the purpose of payment processing. For these transactions, the respective contractual and data protection provisions of the respective providers apply. The use of the payment service providers is based on Art. 6(1)(b) GDPR (contract processing) and in the interest of a smooth, convenient, and secure payment transaction (Art. 6(1)(f) GDPR). Insofar as your consent is requested for certain actions, Art. 6(1)(a) GDPR is the legal basis for data processing; consent may be revoked at any time in the future. We use the following payment services/payment service providers within the scope of this website:

Stripe

The provider for customers within the EU is Stripe Payments Europe, Ltd,1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European

Commission. Details can be found here:

https://stripe.com/de/privacy

and

https://stripe.com/de/guides/general-data-protection-regulation

Details can be found in Stripe’s Privacy Policy at the following link:

https://stripe.com/de/privacy

Last updated: 06 June 2024