Privacy Policy

We are delighted by your interest in our company. Data protection is of utmost importance to us. Use of CAIDAO’s website is generally possible without providing any personal data.

However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the data subject’s consent.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to CAIDAO.

This Privacy Policy aims to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this Privacy Policy informs data subjects about their rights.

As the data controller, CAIDAO has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions can fundamentally have security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, such as by telephone.

Definitions

CAIDAO’s privacy policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for both the general public and our customers and partners. To ensure this, we would like to explain the terminology used beforehand.

In this privacy policy, we use, among others, the following terms:

Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “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, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

Data Subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, 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

Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.

Profiling

Profiling is 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

Pseudonymization

Pseudonymization is 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 organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

Controller

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

Processor

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

Recipient

A recipient is a natural or legal person, public authority, agency, or other body to whom personal data are disclosed, whether a third party or not. However, public authorities that 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.

Third party

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

Consent

Consent 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.

Name and address of the data controller

The data controller within the meaning of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member States of the European Union, and other provisions with a data protection character is:

Marek Wiesner

CAIDAO Holding GmbH

Holzmarktstraße 15-18, S-Bahnbögen 51-53

10179 Berlin

Email: hallo@caidao.de

CAIDAO’s websites use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that allows websites and servers to associate the cookie with the specific internet browser in which it was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain different cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

By using cookies, CAIDAO can provide users of this website with more user-friendly services that would not be possible without setting cookies. A cookie allows us to optimize the information and offers on our website for the user. As mentioned above, cookies enable us to recognize users of our website. The purpose of this recognition is to make it easier for users to navigate our website. For example, a user of a website that uses cookies does not have to re-enter their login details every time they visit the website, because this is handled by the website and the cookie stored on the user’s computer system. Another example is the cookie used for a shopping cart in an online store. The online store uses a cookie to remember the items a customer has placed in their virtual shopping cart.

The data subject can prevent the setting of cookies by our website at any time by adjusting the corresponding setting in their web browser and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via a web browser or other software programs. This is possible in all common web browsers. If the data subject deactivates the setting of cookies in their web browser, some functions of our website may not be fully usable.

Collection of general data and information

The CAIDAO website collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The following data can be collected:

(1) browser types and versions used,

(2) the operating system used by the accessing system,

(3) the website from which an accessing system reached our website (known as the referrer),

(4) the sub-pages accessed on our website by an accessing system,

(5) the date and time of access to the website,

(6) an internet protocol address (IP address),

(7) the internet service provider of the accessing system, and

(8) other similar data and information that serve to prevent attacks on our IT systems.

CAIDAO does not draw any conclusions about the data subject when using this general data and information. This information is required to:

(1) deliver the content of our website correctly,

(2) optimize the content of our website and its advertising,

(3) ensure the long-term functionality of our IT systems and the technology of our website, and

(4) provide law enforcement agencies with the information necessary for prosecution in the event of a cyberattack.

CAIDAO therefore uses this anonymously collected data and information for statistical analysis and to improve data protection and data security within our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.

Contact Options via the Website

Due to legal requirements, the CAIDAO website contains information that enables quick electronic contact with our company and direct communication with us, including a general email address. If a data subject contacts the data controller by email or via a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purpose of processing the inquiry or contacting the data subject. This personal data will not be disclosed to third parties.

Routine Erasure and Blocking of Personal Data

The data controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as long as this is provided for by the European legislator or another legislator in laws or regulations to which the data controller is subject.

If the purpose for which personal data is stored ceases to exist, or if a retention period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal requirements.

Rights of the data subject

Right to confirmation

Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact the controller.

Right of access

Every data subject has the right granted by the European legislator to obtain from the controller, free of charge, information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject the right to information regarding the following:

the purposes of the 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, in particular recipients in third countries or international organizations;

where 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 from the controller rectification or erasure of personal data or restriction of processing concerning the data subject or to object to such processing;

the right to lodge a complaint with a supervisory authority;

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

the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR 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.

Furthermore, the data subject has the right to You have the right to obtain information as to whether your personal data has been transferred to a third country or to an international organization. If this is the case, you also have the right to be informed of the appropriate safeguards relating to the transfer.

If you wish to exercise this right of access, you may contact the data controller at any time.

Right to rectification

Every data subject has the right, granted by the European legislator, to obtain from the controller the rectification of inaccurate personal data concerning him or her without undue delay. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may contact the controller at any time.

Right to erasure (right to be forgotten)

Every data subject has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies, and where the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

The data subject withdraws their consent on which the processing was based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.

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

The personal data have been unlawfully processed.

The erasure of the personal data is necessary for compliance with a legal obligation under 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) GDPR.

If one of the aforementioned grounds applies and a data subject wishes to have their personal data stored by CAIDAO erased, they may contact the data controller at any time. CAIDAO will ensure that the erasure request is complied with immediately.

If CAIDAO has made the personal data public and our company, as the controller, is obligated to erase the personal data pursuant to Article 17(1) GDPR, CAIDAO, taking into account available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform other data controllers processing the published personal data that the data subject has requested the erasure of all links to, or copies or replications of, such personal data from those other data controllers, insofar as processing is not necessary. CAIDAO will take the necessary steps in each individual case.

Right to restriction of processing

Every data subject has the right, granted by the European legislator, 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.

The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met and a data subject wishes to restrict the processing of their personal data stored by CAIDAO, they may contact the data controller at any time. CAIDAO will then implement the restriction of processing.

Right to data portability

Every data subject has the right, granted by the European legislator, 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. He or she also has the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, provided that the processing is not 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 data subject … and the processing is carried out by automated means. Furthermore, when exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have their personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To exercise their right to data portability, the data subject may contact CAIDAO at any time.

Right to object

Every data subject has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to the processing of personal data concerning them which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.

CAIDAO will no longer process your personal data if you object to its processing, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or the processing serves the purpose of establishing, exercising, or defending legal claims.

If CAIDAO processes personal data for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, CAIDAO will no longer process your personal data for these purposes.

Furthermore, the data subject has the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out by CAIDAO for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may contact CAIDAO directly. The data subject is also free, in the context of the use of information society services and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

Automated Individual Decision-Making, Including Profiling

Every data subject has the right, granted by the European legislator, 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, unless the decision

is necessary for entering into, or performing, a contract between the data subject and a data controller, or is authorized 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.

If the decision

is necessary for the conclusion or performance of a contract between the data subject and the controller, or

is made with the data subject’s explicit consent, CAIDAO shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including 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.

If the data subject wishes to exercise rights relating to automated decision-making, he or she may contact the controller at any time.

Right to withdraw consent under data protection law

Every data subject has the right granted by the European legislator to withdraw his or her consent to the processing of personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may contact the controller at any time.

The data controller has integrated components of Facebook into this website. Facebook is a social network. A social network is an internet-based social meeting place, an online community that typically allows users to communicate and interact with each other in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or allows the internet community to provide personal or other information. Among other things, Facebook allows users of the social network to create private profiles, upload photos, and connect with others via friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the data controller responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the Facebook component automatically prompts the web browser on the user’s information technology system to download a representation of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE.

As part of this technical process, Facebook receives information about which specific subpage of our website the user is visiting.

If the user is simultaneously logged into Facebook, Facebook recognizes, with each access of our website by the user and for the entire duration of their visit, which specific subpage of our website the user is visiting. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the user. If the data subject activates one of the Facebook buttons integrated on our website, such as the “Like” button, or submits a comment, Facebook associates this information with the data subject’s personal Facebook user account and stores this personal data.

Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged into Facebook at the same time as accessing our website; this occurs regardless of whether the data subject clicks the Facebook component or not. If the data subject does not want this information transmitted to Facebook, they can prevent this by logging out of their Facebook account before accessing our website.

Facebook’s data policy, available at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing, and use of personal data by Facebook. It also explains the privacy settings that Facebook offers to protect the data subject’s privacy. Furthermore, various applications are available that allow users to suppress data transmission to Facebook. These applications can be used by the data subject to prevent data from being sent to Facebook.

The data controller has integrated the Google Analytics component (with anonymization function) into this website. Google Analytics is a web analytics service. Web analytics involves the collection, gathering, and analysis of data about the behavior of website visitors. A web analytics service records, among other things, data about which website a data subject came from (known as the referrer), which subpages of the website were accessed, and how often and for how long a subpage was viewed. Web analytics is primarily used to optimize a website and for cost-benefit analysis of online advertising.

The operator of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The data controller uses the extension “_gat._anonymizeIp” for web analytics via Google Analytics. With this add-on, Google shortens and anonymizes the IP address of the data subject’s internet connection when our website is accessed from a member state of the European Union or from another contracting state of the Agreement on the European Economic Area.

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

Google Analytics places a cookie on the data subject’s information technology system. Cookies were explained above. By placing this cookie, Google is enabled to analyze the use of our website. Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a Google Analytics component has been integrated, the respective Google Analytics component automatically prompts the web browser on the data subject’s information technology system to transmit data to Google for the purpose of online analysis. As part of this technical process, Google receives personal data, such as the data subject’s IP address, which Google uses, among other things, to track the origin of visitors and clicks and subsequently to enable commission payments.

The cookie stores personal information, such as the access time, the location from which access originated, and the frequency of the data subject’s visits to our website. Each time you visit our website, this personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google in the United States. This personal data is stored by Google in the United States. Google may share this personal data, collected via technical means, with third parties.

As described above, the data subject can prevent the setting of cookies by our website at any time by adjusting the settings of their internet browser accordingly, thus permanently objecting to the setting of cookies. Such a browser setting would also prevent Google from placing a cookie on the data subject’s information technology system. Furthermore, a cookie already set by Google Analytics can be deleted at any time via the internet browser or other software programs.

The data subject also has the option to object to and prevent the collection and processing of data generated by Google Analytics relating to their use of this website. To do this, the data subject must download and install a browser add-on from the following link: https://tools.google.com/dlpage/gaoptout. This browser add-on uses JavaScript to inform Google Analytics that no data or information about website visits may be transmitted to Google Analytics. Google interprets the installation of the browser add-on as an objection to data collection. If the data subject’s computer system is subsequently deleted, formatted, or reinstalled, the data subject must reinstall the browser add-on to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the data subject or another person within their sphere of influence, it can be reinstalled or reactivated.

“` Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and at http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link: https://www.google.com/intl/de_de/analytics/

The data controller has integrated YouTube components into this website. YouTube is an internet video portal that allows video publishers to upload video clips free of charge and enables other users to view, rate, and comment on them, also free of charge. YouTube permits the publication of all types of videos, which is why complete films and television programs, as well as music videos, trailers, and user-generated videos, are available via the internet portal.

The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a YouTube component (YouTube video) has been integrated, the internet browser on the data subject’s information technology system is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google receive information about which specific subpage of our website is visited by the data subject.

If the data subject is simultaneously logged into YouTube, YouTube recognizes which specific subpage of our website the data subject is visiting when they access a subpage containing a YouTube video. This information is collected by YouTube and Google and associated with the respective YouTube account of the data subject.

YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is logged into YouTube at the time of accessing our website; this occurs regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, they can prevent this by logging out of their YouTube account before accessing our website.

The privacy policy published by YouTube, which can be accessed at https://www.google.de/intl/de/policies/privacy/, provides information about the collection, processing and use of personal data by YouTube and Google.

Legal Basis for Processing

Article 6(1)(a) GDPR serves as the legal basis for our company’s processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, such as in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance information, or other vital details had to be shared with a doctor, hospital, or other third party. In that case, the processing would be based on Article 6(1)(d) GDPR. Finally, processing operations could also be based on Article 6(1)(f) GDPR.

This legal basis applies to processing operations not covered by any of the aforementioned legal bases, if the processing is necessary for the purposes of the legitimate interests pursued by our company or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. The legislator took the view that a legitimate interest could be assumed where the data subject is a client of the controller (Recital 47, second sentence, GDPR).

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities.

Duration for which the personal data will be stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of this period, the corresponding data is routinely deleted, provided it is no longer required for the performance of a contract or for taking steps prior to entering into a contract.

Legal or contractual requirements for providing personal data; necessity for entering into a contract; obligation of the data subject to provide the personal data; possible consequences of not providing it

We would like to inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also arise from contractual provisions (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data that we subsequently need to process in order to conclude a contract. For example, the data subject is obligated to provide us with personal data if our association enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact our board. CAIDAO will inform the data subject on a case-by-case basis whether the provision of personal data is required by law or contract, or necessary for entering into a contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

… This privacy policy was created using the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer for Duisburg, in cooperation with Cologne-based IT and data protection lawyer Christian Solmecke.