Privacy Policy

Last Updated: March 29, 2022

Contents

1. Introduction
2. Controller
3. Overview of Processing Operations
4. Relevant Legal Bases
5. Security Measures
6. Disclosure of Personal Data
7. Data Processing in Third Countries
8. Erasure of Data
9. Use of Cookies
10. Business Services
11. Provision of the Online Offering and Web Hosting
12. Blogs and Publishing Media
13. Contact and Request Management
14. Social Media Presences
15. Plugins and Embedded Functions and Content
16. Changes and Updates to the Privacy Policy
17. Rights of Data Subjects
18. Definitions

1. Introduction

With the following privacy policy, we would like to inform you about which types of your personal data (hereinafter also referred to briefly as “data”) we process, for which purposes and to what extent. This privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications as well as within external online presences, such as our social media profiles (hereinafter collectively referred to as the “Online Offering”).

2. Controller

Frickly Systems GmbH
Hedelfinger Str. 103
70327 Stuttgart
Germany

Authorised representative:
Frederik Dunschen

Email address:
info@frickly.systems

3. Overview of Processing Operations

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

Types of Data Processed

• Inventory data.
• Payment data.
• Contact data.
• Content data.
• Contract data.
• Usage data.
• Meta / communication data.

Categories of Data Subjects

• Prospective customers.
• Communication partners.
• Users.
• Business and contractual partners.

Purposes of Processing

• Performance of contractual services and customer support.
• Handling contact requests and communication.
• Security measures.
• Office and organisational procedures.
• Administration and response to requests.
• Feedback.
• Marketing.
• Provision of our Online Offering and user-friendliness.

4. Relevant Legal Bases

In the following, you will receive an overview of the legal bases of the GDPR on which we process personal data. Please note that, in addition to the provisions of the GDPR, national data protection provisions may apply in your or our country of residence or domicile. If, in addition, more specific legal bases are relevant in individual cases, we will inform you of these in the privacy policy.

• Performance of a contract and pre-contractual enquiries (Art. 6(1)(b) GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps prior to entering into a contract at the data subject’s request.
• Legal obligation (Art. 6(1)(c) GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
• Legitimate interests (Art. 6(1)(f) GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection apply in Germany. These include in particular the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). The BDSG contains, in particular, special provisions on the right of access, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (§ 26 BDSG), in particular with regard to the establishment, performance or termination of employment relationships as well as the consent of employees. In addition, the data protection laws of the individual federal states may apply.

5. Security Measures

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

These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data, as well as access to, input, transfer, securing of availability and separation of the data. Furthermore, we have established procedures that ensure the exercise of data subject rights, the erasure of data and responses to data threats. In addition, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings.

6. Disclosure of Personal Data

In the context of our processing of personal data, it may happen that data are transmitted to other entities, companies, legally independent organisational units or persons or disclosed to them. Recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.

7. Data Processing in Third Countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if processing takes place in the context of the use of services of third parties or disclosure or transfer of data to other persons, entities or companies, this will only occur in accordance with the legal requirements.

Subject to express consent or transfer required by contract or law, we process or have the data processed only in third countries with a recognised level of data protection, on the basis of contractual obligations by so-called standard data protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR; information page of the EU Commission:
https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de

8. Erasure of Data

The data processed by us will be erased in accordance with the legal requirements as soon as any consents given for processing are revoked or other permissions cease to apply (e.g. when the purpose of processing this data no longer applies or they are no longer necessary for the purpose).

If the data are not erased because they are required for other and legally permissible purposes, their processing will be restricted to these purposes. That means the data will be blocked and not processed for other purposes. This applies, for example, to data which must be retained for reasons under commercial or tax law or whose storage is necessary for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person.

Within the framework of our data protection notices, we may provide users with further information on the erasure and retention of data that is specific to the respective processing operations.

9. Use of Cookies

Cookies are small text files or other storage markers that store information on end devices and read out information from end devices. For example, to store the login status in a user account, the contents of a shopping cart in an online shop, the content accessed or used functions of an Online Offering. Cookies can also be used for different purposes, e.g. for the purposes of the functionality, security and comfort of Online Offerings as well as for the creation of analyses of visitor flows.

Notes on consent: We use cookies in accordance with legal regulations. Therefore, we obtain prior consent from users, unless this is not required by law. Consent is in particular not necessary if the storage and reading of information (including cookies) is strictly necessary in order to provide users with a telemedia service (i.e. our Online Offering) expressly requested by them. The revocable consent is clearly communicated to the users and contains the information on the respective use of cookies.

Notes on data protection legal bases: The legal basis on which we process personal data of users with the help of cookies depends on whether we ask users for consent. If users consent, the legal basis of processing is the declared consent. Otherwise, the data processed with the help of cookies are processed on the basis of our legitimate interests (e.g. in a commercially efficient operation of our Online Offering and improvement of its usability) or, if this is done within the scope of fulfilment of our contractual obligations, if the use of cookies is necessary in order to fulfil our contractual obligations. We will inform you in the course of this privacy policy or in the context of our consent and processing procedures for which purposes we process cookies.

Storage duration: With regard to the storage duration, the following types of cookies are distinguished:

• Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offering and closed their end device (e.g. browser or mobile application).
• Permanent cookies: Permanent cookies remain stored even after the end device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, user data collected by means of cookies can be used for reach measurement. Unless we provide users with explicit information about the type and storage duration of cookies (e.g. as part of obtaining consent), users should assume that cookies are permanent and that the storage duration may be up to two years.

General notes on revocation and objection (opt-out): Users may revoke consents they have given at any time and also lodge an objection to processing in accordance with the legal requirements in Art. 21 GDPR (further information on the right to object is provided in this privacy policy). Users may also declare their objection via the settings of their browser.

Further information on processing operations, procedures and services:

• Processing of cookie data on the basis of consent: We use a cookie consent management procedure in which the consents of users to the use of cookies, or to the processing and providers named in the context of the cookie consent management procedure, are obtained, managed and can be revoked by users. The declaration of consent is stored so that it does not have to be requested again and the consent can be proven in accordance with the legal obligation. The storage may take place on the server side and/or in a cookie (so-called opt-in cookie or comparable technologies) in order to be able to assign the consent to a user or their device. Unless individual details of the providers of cookie management services are provided, the following information applies: The duration of storage of consent can be up to two years. A pseudonymous user identifier is created and stored together with the time of consent, details of the scope of consent (e.g. which categories of cookies and/or service providers) as well as the browser, system and end device used.

10. Business Services

We process data of our contractual and business partners, e.g. customers and prospective customers (collectively referred to as “contractual partners”), within the framework of contractual and similar legal relationships and related measures and in the context of communication with the contractual partners (or pre-contractually), e.g. to answer enquiries.

We process these data in order to fulfil our contractual obligations. This includes in particular obligations to provide the agreed services, any updating obligations and remedies in the event of warranty and other service disruptions. In addition, we process the data in order to safeguard our rights and for the purposes of the administrative tasks associated with these obligations as well as corporate organisation. Furthermore, we process the data on the basis of our legitimate interests in proper and efficient business management as well as in security measures to protect our contractual partners and our business operations from misuse, endangerment of their data, secrets, information and rights (e.g. through the involvement of telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisers, payment service providers or tax authorities). In accordance with applicable law, we only disclose data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or for the fulfilment of legal obligations. Contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within this privacy policy.

We inform contractual partners which data are required for the aforementioned purposes before or during data collection, e.g. in online forms, by special labelling (e.g. colours) or symbols (e.g. asterisks), or personally.

We erase the data after expiry of statutory warranty and comparable obligations, generally after 4 years, unless the data are stored in a customer account, for example because they must be retained for legal reasons (e.g. generally 10 years for tax purposes). Data that have been disclosed to us by the contractual partner within the framework of an order are erased in accordance with the provisions of the order, generally after the end of the order.

Where we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.

• Types of data processed: Inventory data (e.g. names, addresses); payment data (e.g. bank details, invoices, payment history); contact data (e.g. email, telephone numbers); contract data (e.g. contract subject, term, customer category).
• Data subjects: Prospective customers; business and contractual partners.
• Purposes of processing: Performance of contractual services and customer support; contact requests and communication; office and organisational procedures; administration and response to requests.
• Legal bases: Performance of a contract and pre-contractual enquiries (Art. 6(1)(b) GDPR); legal obligation (Art. 6(1)(c) GDPR); legitimate interests (Art. 6(1)(f) GDPR).

11. Provision of the Online Offering and Web Hosting

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

The data processed in the course of providing the hosting service may include all data relating to users of our Online Offering that arise in the course of use and communication. This regularly includes the IP address, which is necessary to deliver the content of Online Offerings to browsers, and all entries made within our Online Offering or from websites.

• Types of data processed: Content data (e.g. entries in online forms); usage data (e.g. visited web pages, interest in content, access times); meta / communication data (e.g. device information, IP addresses).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our Online Offering and user-friendliness.
• Legal bases: Legitimate interests (Art. 6(1)(f) GDPR).

Further information on processing operations, procedures and services:

• Collection of access data and log files: We (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files may include the address and name of the web pages and files accessed, date and time of access, amount of data transferred, notification of successful access, browser type together with version, user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files may be used, on the one hand, for security purposes, e.g. to avoid overloading the servers (in particular in the event of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure the utilisation of the servers and their stability. Erasure of data: Log file information is stored for a maximum of 30 days and then erased or anonymised. Data whose further storage is required for evidentiary purposes are excluded from erasure until the respective incident has been finally clarified.

12. Blogs and Publishing Media

We use blogs or comparable means of online communication and publication (hereinafter “publishing medium”). The data of readers are processed only to the extent that this is necessary for the presentation of the publishing medium and for communication between authors and readers or for security reasons. For the rest, we refer to the information on the processing of visitors to our publishing medium within the framework of this privacy policy.

• Types of data processed: Inventory data (e.g. names, addresses); contact data (e.g. email, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. visited websites, interest in content, access times); meta / communication data (e.g. device information, IP addresses).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Performance of contractual services and customer support; feedback (e.g. collection of feedback via online form); security measures; administration and response to requests.
• Legal bases: Performance of a contract and pre-contractual enquiries (Art. 6(1)(b) GDPR); legitimate interests (Art. 6(1)(f) GDPR).

Further information on processing operations, procedures and services:

• Comments and posts: When users leave comments or other contributions, their IP addresses may be stored on the basis of our legitimate interests. This is done for our security, in case someone leaves unlawful content in comments and posts (insults, prohibited political propaganda, etc.). In such a case we ourselves could be prosecuted for the comment or post and are therefore interested in the identity of the author. Furthermore, we reserve the right to process the user data for spam detection on the basis of our legitimate interests. On the same legal basis, we reserve the right, in the case of surveys, to store the IP addresses of users for their duration and to use cookies in order to avoid multiple voting. The information provided in the comments and posts, such as data relating to the person, contact details and website information as well as the content, will be stored by us until the user objects.

13. Contact and Request Management

When contacting us (e.g. via contact form, email, telephone or social media) as well as in the context of existing user and business relationships, the information of the enquiring persons is processed insofar as this is necessary to respond to the contact requests and any requested measures.

The response to contact enquiries as well as the administration of contact and enquiry data in the context of contractual or pre-contractual relationships is based on the fulfilment of our contractual obligations or the response to (pre-)contractual enquiries and, moreover, on the basis of our legitimate interests in responding to enquiries and maintaining user or business relationships.

• Types of data processed: Inventory data (e.g. names, addresses); contact data (e.g. email, telephone numbers); content data (e.g. entries in online forms).
• Data subjects: Communication partners.
• Purposes of processing: Contact requests and communication; performance of contractual services and customer support.
• Legal bases: Performance of a contract and pre-contractual enquiries (Art. 6(1)(b) GDPR); legitimate interests (Art. 6(1)(f) GDPR); legal obligation (Art. 6(1)(c) GDPR).

Further information on processing operations, procedures and services:

• Contact form: When users contact us via our contact form, email or other communication channels, we process the data provided in this context in order to handle the communicated request. For this purpose, we process personal data within the framework of pre-contractual and contractual business relationships insofar as this is necessary for their fulfilment and otherwise on the basis of our legitimate interests and the interests of the communication partners in responding to the requests and our statutory retention obligations.

14. Social Media Presences

We maintain online presences within social networks and process user data in this context in order to communicate with active users there or to offer information about us.

We would like to point out that user data may be processed outside the area of the European Union. This may result in risks for users because, for example, the enforcement of users’ rights could be made more difficult.

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

For a detailed description of the respective forms of processing and the options to object (opt-out), we refer to the privacy policies and information provided by the operators of the respective networks.

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

• Types of data processed: Contact data (e.g. email, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. visited websites, interest in content, access times); meta / communication data (e.g. device information, IP addresses).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Contact requests and communication; feedback (e.g. collection of feedback via online form); marketing.
• Legal bases: Legitimate interests (Art. 6(1)(f) GDPR).

Further information on processing operations, procedures and services:

• LinkedIn: Social network; service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; website: https://www.linkedin.com; privacy policy: https://www.linkedin.com/legal/privacy-policy; data processing agreement: https://legal.linkedin.com/dpa; opt-out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
• Twitter: Social network; service provider: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland; parent company: Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; privacy policy: https://twitter.com/privacy

15. Plugins and Embedded Functions and Content

We integrate functional and content elements into our Online Offering that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These may include, for example, graphics, videos or city maps (hereinafter uniformly referred to as “content”).

The integration always requires that the third-party providers of this content process the IP address of the users, since they could not send the content to the users’ browser without the IP address. The IP address is therefore required for the presentation of this content or functions. We endeavour to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Through the “pixel tags”, information such as visitor traffic on the pages of this website can be evaluated. The pseudonymous information may also be stored in cookies on users’ devices and may contain, among other things, technical information on the browser and operating system, referring websites, visit time and other information on the use of our Online Offering, and may also be linked to such information from other sources.

Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is consent. Otherwise, users’ data are processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we also refer you to the information on the use of cookies in this privacy policy.

• Types of data processed: Usage data (e.g. visited websites, interest in content, access times); meta / communication data (e.g. device information, IP addresses).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our Online Offering and user-friendliness.

16. Changes and Updates to the Privacy Policy

We ask you to inform yourself regularly about the content of our privacy policy. We adapt the privacy policy as soon as changes in the data processing activities carried out by us 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.

If we provide addresses and contact information of companies and organisations in this privacy policy, please note that addresses may change over time and ask you to check the details before contacting us.

17. Rights of Data Subjects

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

• 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 concerning you which is based on Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such direct marketing.
• Right to withdraw consent: You have the right to withdraw consent at any time.
• Right of access: You have the right to obtain confirmation as to whether or not personal data concerning you are being processed and, where that is the case, access to the personal data and further information and a copy of the data in accordance with the legal requirements.
• Right to rectification: You have the right, in accordance with the legal provisions, to request the completion of data concerning you or the rectification of inaccurate data concerning you.
• Right to erasure and restriction of processing: In accordance with the legal provisions, you have the right to request that data concerning you be erased without delay or, alternatively, to request restriction of processing of the data in accordance with the legal provisions.
• Right to data portability: You have the right to receive the data concerning you which you have provided to us in a structured, commonly used and machine-readable format in accordance with the legal provisions, or to request its transmission to another controller.
• Right to lodge a complaint with a supervisory authority: In accordance with the legal provisions and without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a data protection supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.

18. Definitions

In this section, you will find an overview of the terms used in this privacy policy. Many of the terms are taken from the law and are defined in Art. 4 GDPR in particular. The legal definitions are binding. The explanations below, on the other hand, are intended primarily to aid understanding. The terms are sorted alphabetically.

Personal Data

“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. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Controller

“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.

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. The term is broad and covers practically any handling of data, whether it is 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.

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