Privacy Policy
We take the protection of your data seriously and always aim to collect and store as little data as possible. Nevertheless, a certain level of storage and analysis of user data is necessary to ensure and improve the operation of this website. Use of this website is generally possible without providing any personal data. Also, data is not assigned to any specific individual unless you provide us with your name, for example in an email, through one of our forms, or as part of an order.
Using any of the services offered on this website generally involves the collection, processing, and storage of personal data, such as your name, address, email address, or telephone number. This collection, processing, and storage is generally either based on your prior explicit consent or a relevant legal authorization and is in accordance with the provisions of the European General Data Protection Regulation and local data protection laws.
We would like to inform you about the type, scope, and purpose of the data collected, processed, stored, and used by us through this website, as well as your rights in this context.
We use SSL encryption on this website. This is, among other things, to protect confidential content, such as inquiries sent to us. You can recognize that the connection is encrypted in the address line of your browser, which always starts with “https://” and confirms the existing encryption with a lock symbol.
1. Name and address of the controller responsible for processing
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
Cloutomate GmbH
Zielstattstraße 9
81377 Munich
Germany Phone: +49894132977-00
Email: [email protected]
2. Definitions
The data protection law uses specific terminologies, which we also use in this privacy statement in accordance with the legal definitions of the European General Data Protection Regulation. Hence, in this privacy statement, the term:
“personal data” means any information relating to an identified or identifiable natural person (“data subject”);
“data subject” means any identified or identifiable natural person whose personal data is processed;
“processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction;
“restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future;
“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. As a company committed to data protection, we refrain from any form of profiling;
“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;
“filing system” means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
“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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
“processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
“recipient” means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
“third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
“consent” of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
“data protection breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
“cross-border processing” means processing of personal data which takes place in the context of the activities of establishments of a controller or processor in the Union in more than one Member State, where the controller or processor is established in more than one Member State, or processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State;
“relevant and reasoned objection” means an objection as to whether there has been a breach of this Regulation or whether the proposed action against the controller or processor is in compliance with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision in terms of the fundamental rights and freedoms of the data subjects and, where applicable, the free movement of personal data within the Union.
3. Legal basis for processing
Legal basis for processing For processing operations for which we obtain consent for a specific processing purpose, the processing is based on Article 6(1)(a) of the General Data Protection Regulation. Insofar as the processing of personal data is necessary for the performance of a contract to which the data subject is party (e.g., delivery of goods or provision of any other service or consideration), or for the implementation of pre-contractual measures (e.g., inquiries about our products or services), processing is based on Article 6(1)(b) of the General Data Protection Regulation. If processing of personal data is required due to a legal obligation to which we are subject, such as for compliance with tax obligations or commercial law retention requirements, processing is based on Article 6(1)(c) of the General Data Protection Regulation. In the event that processing of personal data becomes necessary to protect vital interests of the data subject or another natural person, processing would be based on Article 6(1)(d) of the General Data Protection Regulation. Processing of personal data that is necessary for the purposes of the legitimate interests pursued by our company or a third party, takes place on the basis of Article 6(1)(f) of the General Data Protection Regulation, unless the interests or fundamental rights and freedoms of the data subject which require protection of personal data override such interests. Such a legitimate interest is also the conduct of our business operations for the well-being of all our employees and our shareholders.
4. Cookies and usage profiles
In accordance with legal provisions, we may – to provide user-friendly services that would not be possible without the setting of cookies, – for advertising purposes, for market research, and – to improve our services and websites, evaluate usage profiles under a pseudonym, however, only insofar as you have not exercised your legal right to object to the use of your data. Some of our services require the use of so-called cookies. Cookies are small amounts of data (text files) that your internet browser stores on your computer. Cookies can store information about your visit to our website, allowing us to recognize your browser and distinguish it from the browsers of other affected individuals. Most browsers are set by default to accept cookies. However, you can reconfigure your browser at any time to reject cookies or to request your confirmation beforehand. If you reject cookies, however, this may mean that not all offers and functions of this website work smoothly or are usable for you. Further details on the use of cookies on this website – including the existing opt-out options – can be found in this privacy statement in the sections: – for internal visitor statistics and
5. Email and contact forms
Insofar as you send us an email or contact us via a contact form, the personal data you voluntarily transmit to us will be automatically stored for the purpose of processing or contacting you. This includes – as specified by you – in particular the name, address or email address, telephone number, and other information you voluntarily provide. When contacting us via a form provided on this website, the IP address used by you is also stored. In principle, we use the personal data arising in this context only to the extent necessary to process your inquiries and orders. These data are not passed on to third parties unless we are legally obliged to do so.
6. Internal visitor statistics
This website uses “Google Analytics” for statistical analysis of visitor access. This is a web analysis service offered by Google Inc. Google Inc. acts as a processor on our behalf. The data collection and processing takes place via servers operated by Google Inc., which are usually not located in the European Union, but in the USA. In this process, pseudonymous usage profiles of the visitors of our website are created. We use the web analysis service “Google Analytics” with activated “IP anonymization”. Here, the IP address of the visitors to our website is shortened. This shortening of the IP address is not carried out by us, but by Google Inc. Google Inc. uses cookies for “Google Analytics”, the information from which is read by Google, transferred to servers located in the USA, processed and stored there. Important for you: The storage of cookies can generally be prevented by a corresponding setting of your browser software. Alternatively, you can prevent Google from collecting, processing, and storing data generated by the cookie by downloading and installing the browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en. Further information and Google’s privacy policy can be found at: https://support.google.com/analytics/answer/6004245?hl=en You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this website: Disable Google Analytics
7. Google Fonts
This website uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache to display texts and fonts correctly. For this purpose, the browser you are using must connect to Google’s servers. This gives Google knowledge that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our online offers. If your browser does not support web fonts, a standard font from your computer will be used. Further information about Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=en.
8. Google reCAPTCHA
To protect against spam, we use the reCAPTCHA service of Google Inc. (“Google”). The query serves to distinguish whether the input is made by a human or abusively by automated, machine processing. The query includes the sending of the IP address and possibly other data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and used there. By activating the corresponding checkbox, your IP address is sent to Google’s servers. For these data, the different privacy policies of Google apply. More information on handling user data can be found in Google’s privacy policy: https://policies.google.com/privacy?hl=en
9. Duration of storage, deletion, and blocking of personal data
Personal data of the data subjects are processed and stored by the controller only for the period necessary to achieve the storage purpose or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. Another criterion for the duration of the storage of personal data is the respective statutory retention period. After the purpose of storage is no longer applicable, and the statutory retention period expires, the personal data are routinely blocked or deleted in accordance with legal requirements and regulations without a corresponding request from the data subject.
10. Your rights as a data subject
Below, we describe the rights that every person affected by the processing of personal data has in relation to the controller responsible for processing.
If you wish to exercise any of these rights, you can contact our Data Protection Officer or the controller at any time. We recommend communicating your request to us either in writing or via email at [email protected].
The appointed Data Protection Officer is:
Data Protection Officer Cloutomate
Zielstattstraße 9
81377 Munich
Email: [email protected]
Every person affected by the processing of personal data has the following rights in relation to the controller:
- the right to confirmation, i.e., the right to obtain confirmation from the controller as to whether or not personal data concerning them are being processed;
- the right to access, i.e., in the case of processing of personal data, the right to access these personal data and to the following information:
- the purposes of processing;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, especially recipients in third countries or at international organisations;
- if possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- if the personal data were not collected from the data subject, any available information about the source of the data;
- the existence of automated decision-making, including profiling, under Article 22(1) and (4) of the General Data Protection Regulation and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. (Note: We do not use profiling or any other forms of automated decision-making.)
- in the case of transfer of personal data to a third country or an international organisation, the right to be informed of the appropriate safeguards pursuant to Article 46 of the General Data Protection Regulation in relation to the transfer;
- the right to be provided with a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. If the data subject makes the request electronically, the information shall be provided in a commonly used electronic format, unless otherwise specified by the data subject. This right to receive a copy shall not adversely affect the rights and freedoms of others;
- the right to rectification i.e., the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement;
- the right to erasure (“right to be forgotten”) i.e., the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller is obliged to erase personal data without undue delay where one of the following grounds applies:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to Article 6(1)(a), or Article 9(2)(a) of the General Data Protection Regulation, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21(1) of the General Data Protection Regulation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the General Data Protection Regulation.
- The personal data have been unlawfully processed.
- The erasure of personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
- If the controller has made the personal data public and is obliged to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that a data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data. This does not apply to the extent that processing is necessary
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) as well as Article 9(3) of the General Data Protection Regulation;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the General Data Protection Regulation, to the extent that the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defence of legal claims.
- the right to restriction of processing i.e., the right of a data subject to obtain from the controller restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or
- the data subject has objected to processing pursuant to Article 21(1) of the General Data Protection Regulation pending the verification whether the legitimate grounds of the controller override those of the data subject.
- Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
- the right to data portability i.e., the right of a data subject to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, provided that
- the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) of the General Data Protection Regulation or on a contract pursuant to Article 6(1)(b) of the General Data Protection Regulation and
- the processing is carried out by automated means.
- In exercising his or her right to data portability, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. This right shall not adversely affect the rights and freedoms of others.
- The exercise of this right to data portability shall not affect the right to erasure (“right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- the right to object, i.e., the right of a data subject, on grounds relating to his or her particular situation, to object at any time to processing of personal data concerning him or her which is based on Article 6(1)(e) or (f) of the General Data Protection Regulation, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications. The data subject shall have the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the General Data Protection Regulation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. This shall not apply if the decision:
- is necessary for entering into, or performance of, a contract between the data subject and a data controller;
- is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
- is based on the data subject’s explicit consent.
- In the cases referred to in points (a) and (c), the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. Automated decisions shall not be based on special categories of personal data unless the data subject has given explicit consent or processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which is proportionate to the aim pursued, respects the essence of the right to data protection and provides for suitable and specific measures to safeguard the fundamental rights and interests of the data subject.
11. Click-Up
For the contact form, a form provided by Click-Up is used. More information on how user data is handled can be found in the privacy policy of Click-Up at https://forms.clickup.com/privacy.