1. An overview of data protection
General information
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “per-sonal data” comprises all data that can be used to personally identify you. For detai-led 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 “con-troller”)? The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website. How do we record your data? We collect your data 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 you consent to its recording during your website visit. This data comprises primarily technical in-formation (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access this website. What are the purposes we use your data for? A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user patterns. What rights do you have as far as your information is concerned? You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradi-cated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you ha-ve the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the compe-tent supervising agency. Please do not hesitate to contact us at any time under the address disclosed in sec-tion “Information Required by Law” on this website if you have questions about this or any other data protection related issues.
Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analysed when your visit this website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes. For detailed information about these analysis programmes please consult our Data Protection Declaration below.
2. Hosting and Content Delivery Networks (CDN)
External Hosting
This website is hosted by an external service provider (host). Personal data 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 genera-ted through a web site. The host is used for the purpose of fulfilling the contract with our potential and exis-ting customers (Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast and effi-cient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR). 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. 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.
3. General information and mandatory information
Data protection
The operators of this website and its pages take the protection of your personal da-ta very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Pro-tection 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 coll-ected. 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 comple-tely 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: cherrypicker – Oliver Klein Erik-Blumenfeld-Platz 1 D-22587 Hamburg Phone: +49 40 – 28 66 77 90 E-mail: info@cherrypicker.de
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 (e.g. names, e-mail addresses, etc.).
Objection or revocation against the processing of your data
If you have given your consent to the processing of your data, you can revoke this at any time. Such a revocation affects the permissibility of the processing of your personal data after you have given it to us. If we base the processing of your personal data on a balance of interests, you can object to the processing. This is ,in particular, the case, if the processing is not re-quired to fulfill a contract with you, which we will describe in the following descrip-tion of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either stop or ad-just the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue processing. You can of course object to the processing of your personal data for advertising and data analysis purposes at any time. You can inform us about your objection to advertising under the following contact details: Company cherrypicker Owner Oliver Klein, Erik-Blumenfeld-Platz 1, 22587 Hamburg, info@cherrypicker.de, phone: 040/28667790
Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, 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 oc-curred. The right to log a complaint is in effect regardless of any other administrati-ve or court proceedings available as legal recourses.
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 tech-nically 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 programme. You can recognise 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, data you transmit to us cannot be read by third parties.
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, their source and reci-pients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this sub-ject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by 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 is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand 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 investiga-tion is ongoing, you have the right to demand that we restrict the processing of your personal data.
- If the processing of your personal data 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 any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the pro-cessing of your personal data instead of its eradication.
- If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been deter-mined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal 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 Euro-pean Union or a member state of the EU.
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 section “Information Required by Law” to send us promotional and information material that we have not expressly re-quested. 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
Cookies
Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files 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 ad-vantage 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 neces-sary for the optimization of the website (e.g. cookies that provide measurable in-sights into the web audience), shall be stored on the basis of Art. 6 Sect. 1 lit. f GDPR, unless a different legal basis is cited. The operator of the website has a legi-timate interest in the storage of cookies to ensure the technically error free and op-timized 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 ba-sis 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 no-tified 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 Po-licy and, if applicable, ask for your consent.
Server-Log-files
The provider of this website and its pages automatically collects and stores infor-mation in so-called server log files, which your browser communicates to us auto-matically. The information comprises:
- The type and version of browser used
- The used operating system
- Referrer URL
- The hostname of the accessing computer
- The time of the server inquiry
- The IP address
This data is not merged with other data sources. This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the opti-mization of the operator’s website. In order to achieve this, server log files must be recorded.
Request by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your request, including all resulting per-sonal data (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 if your inquiry is related to the fulfillment 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) 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 lap-ses (e.g. after completion of your request). Mandatory statutory provisions – in par-ticular statutory retention periods – remain unaffected.
5. Analysis tools and advertising
etracker
This website uses the analysis service etracker. The provider of this service is the etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg, Germany. It makes it pos-sible to generate a user profile under a pseudonym based on the data. Cookies may be used to achieve this. Cookies are small text files that are locally archived in the temporary drive of your Internet browser. These cookies allow us to recognise your browser when you return to the site. Data collected with the etracker technologies shall not be used in the absence of a separate declaration of consent given by the data subject to personally identify users of this website and shall not be merged with personal data about the holder of the pseudonym. Etracker cookies will remain on your device until you delete them. The storage of the etracker cookies and the use of this analysis tool are based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the analy-sis of user patterns, in order to optimize the operator’s web offerings and adverti-sing. 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 pa-ra. 1 lit. a GDPR; the agreement can be revoked at any time. You may object to the collection and archiving of data at any time, which shall af-fect all future transactions. To object to any collection and storage of data with fu-ture effect, click on the following button. This will result in the placement of an opt out cookie under the name “_et_oi_v2” by etracker. In the future, this will have the effect that visitor data from your browser will no longer be collected and archived for this domain by etracker. Please do not delete this specific cookie as long as you want to uphold your objection. For more information, please consult the Data Protection Policies of etracker at: https://www.etracker.com/en/data-privacy/.
Execution of a contract data processing agreement
We have entered into a contract data processing agreement with etracker and implement the strict provisions of the German data protection agencies when it comes to the use of etracker to their fullest extent.
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). 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 in-stance 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. Data stored for other purposes with us remain unaffected. 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 le-gal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.
Use of HubSpot
On our website we use HubSpot for our online marketing activities. This is an integrated software solution with which we cover various aspects of our online marketing. These include: – Content management (website and blog) – E-mail marketing (newsletters and automated mailings, e.g. for the provision of downloads) – Social media publishing & reporting – Reporting (e.g. traffic sources, accesses, etc. …) – Contact management (e.g. user segmentation & CRM) – Landing pages and contact forms Our registration service enables visitors to our website to learn more about our company, to download content and to provide their contact information and other demographic information. These information and the content of our website are stored on the servers of our software partner HubSpot. They can be used by us to get in contact with visitors of our website and to determine which services from our company are of interest to them. All information we collect is subject to this privacy policy. We use all the in-formation collected exclusively to optimize our marketing. HubSpot is a US software company with a subsidiary in Ireland. Contakt: HubSpot 2nd Floor 30 North Wall Quay Dublin 1, Ireland, Phone: +353 1 5187500 HubSpot is under the terms of the “EU – US Privacy Shield Frameworks “certified and is subject to the TRUSTe’s Privacy Seal and the” U.S. – Swiss Safe Harbor “Frame-work. More information on HubSpot’s data protection provisi-ons: https://legal.hubspot.com/privacy-policy More information from HubSpot regarding the EU data protection regulations: https://legal.hubspot.com/data-privacy You can find more information about the cookies used by HubSpot here: https://knowledge.hubspot.com/articles/kcs_article/reports/what-cookies-does-hubspot-set-in-a-visitor-s-browser and here: https://knowledge.hubspot.com/articles/kcs_article/account/hubspot-cookie-security-and-privacy
7. Plugins 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 brow-ser 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. 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. 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 un-der: https://policies.google.com/privacy?hl=de.
Google Maps
Via an API, this website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data trans-fer. We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legiti-mate interest as defined in Art. 6 Sect. 1 lit. f GDPR. If a respective declaration of consent has been obtained, the data shall be processed exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR. This declaration of consent may be revoked at any time. For more information on the handling of user data, please review Google’s Data Pri-vacy Declaration under: https://policies.google.com/privacy?hl=de.
8. Custom Services
Job Applications
We offer website visitors the opportunity to submit job applications to us (e.g. via e-mail, via postal services on by submitting the online job application form). Below, we will brief you on the scope, purpose and use of the personal data collected from you in conjunction with the application process. We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential. Scope and purpose of the collection of data If you submit a job application to us, we will process any affiliated personal data (e.g. contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the estab-lishment or an employment relationship. The legal grounds for the aforementioned are § 26 New GDPR according to German Law (Negotiation of an Employment Rela-tionship), Art. 6 Sect. 1 lit. b GDPR (General Contract Negotiations) and – provided you have given us your consent – Art. 6 Sect. 1 lit. a GDPR. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application. If your job application should result in your recruitment, the data you have submit-ted will be archived on the grounds of § 26 New GDPR and Art. 6 Sect. 1 lit. b GDPR for the purpose of implementing the employment relationship in our data proces-sing system. Data Archiving Period If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) for up to 6 months from the end of the application procedure (rejection or withdrawal of the application). Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g. due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies. Longer storage may also take place if you have given your agreement (Article 6 (1) (a) GDPR) or if statutory data retention requirements preclude the deletion.