Terms & Privacy

We respect your privacy. If you have any questions after reading this document, get in touch with us at contact@record-evolution.de. 

Terms and Conditions ("Terms")

Last updated: March 4, 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Record Evolution Website and/or the applications Repods  (“Repods”, “Data Pod”, “Pod”, “Data Pods”, “Pods”) and/or Reswarm (Swarm”, “Swarms”, “Reswarm”) jointly referred to as Service  (“Service”, “the Service”, “our Service”) operated by Record Evolution GmbH (“us”, “we”, “RE”, “Record Evolution” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

A. Definitions

  1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms and Conditions” or the “Terms”) and all other operating rules, policies, and procedures that we may publish from time to time on the Website.
  2. The “Service” refers to the applications, software, products, and services provided by Record Evolution.
  3. The “Website” refers to Record Evolution’s websites located at www.record-evolution.de, record-evolution.com, repods.io, repods.de, reswarm.de or reswarm.io, and all content, services, and products provided by Record Evolution at or through the Website. It also refers to Record Evolution-owned subdomains of record-evolution.de, record-evolution.com, repods.io, repods.de, reswarm.de or reswarm.io.
  4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 16 years of age. Special terms may apply for business or government accounts (See Section B(4): Additional Terms).
  5. “Record Evolution,” “We,” and “Us” refer to Record Evolution GmbH, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  6. “Content” refers to content featured or displayed through the Website, including, without limitation, text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
  7. “Data Pod” refers to a bundled offering consisting of compute resources (like CPU, Memory, Storage, …) together with all provided functionality in the platform associated with this bundle.
  8. “Swarm” refers to a bundled offering consisting of services managing multiple devices and applications together with all associated functionality.

B. Account Terms

Short version: A human must create your account; you must be 16 years of age or over; you must provide a valid email address; and you may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.

2. Account Requirements

These simple rules apply for accounts on Record Evolution’s Service:

2.1 You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted. We do permit machine accounts:

2.2 A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine’s actions. You may maintain no more than one free machine account in addition to your free personal account.

2.3 One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that’s fine, but it can only be used for running a machine.

2.4 Record Evolution does not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to create a User account. If we learn of any such user under the age of 16, we will terminate that User’s account immediately.

2.5 Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.

2.6 Overall, the number of Users must not exceed the number of accounts you’ve ordered from us.

3. User Account Security

You are responsible for keeping your account secure while you use our Service. We offer tools to help you maintain your account’s security, but the content of your account and its security are up to you.

3.1 You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

3.2 You are responsible for maintaining the security of your account and password. Record Evolution cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3.3 You will promptly notify Record Evolution if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

4. Additional Terms

In some situations, third parties’ terms may apply to your use of Record Evolution. For example, you may be a member of an organization on Record Evolution with its own terms or license agreements; you may download an application that integrates with our Service. Please be aware that while these Terms are our full agreement with you, other parties’ terms govern their relationships with you.

C. Payment

Short version: You are responsible for any fees associated with your use of Record Evolution. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.

1. Free Services

Certain Services are provided to User without charge as applicable. We do not guarantee the availability of Free Services at any time.

2. Purchases

If you wish to purchase any product made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. To process the payments, Record Evolution uses only certified payment system providers. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

You represent and warrant that:

2.1 You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase.

2.2 The information you supply to us is true, correct, and complete.

2.3 You will provide valid and automatically chargeable billing details during the time you use payable service and until all payment obligations by you are met.

2.4 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

2.5 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

2.6 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

3. Product Pricing

3.1. Repods

We currently offer two pricing models for our Service Data Pods:

3.1.1 Resource (i.e. CPU, Memory, Storage, Network) consumption by Users used under the Usage-Based Pricing Model (“Usage Based”) are metered under the below mentioned metering policies and billed to the User as metered.

Resource usage for usage-based invoicing is metered according to the following metering policy:

  1. Resource Minutes are metered on the full minute rounding up to the next largest integer.
  2. Memory is metered by full Megabyte rounding up to the next largest integer (1 Megabyte = 1024 bytes).
  3. Persistent Storage is metered by 0.1 Gigabyte rounding up to the next first decimal (1 Gigabyte = 1024 Megabyte).
  4. CPU is metered by 0.1 CPU Core as offered by Cloud Services Providers (rounding up to the next first decimal).
  5. Network usage is metered by full Megabyte rounding up to the next largest integer.

The minimum charge for the usage of each resource for each Data Pod per month is 0.01€.

3.1.2 The User may purchase resource packages over a subscription time range at a fixed price (“Flat Based”). Network resources used in excess of the amount included in a Flat Based product are metered according to the same conditions as a Usage Based product. The purchased resource package is non-refundable whether or not the resources are used by the User. At the end of each subscription time range, your “Flat Based” resources package will automatically renew under the exact same conditions unless you cancel it or Record Evolution cancels it. You may cancel your “Flat Based” subscription renewal through your online account management page.

3.1.3 In addition to the pricing models indicated above, Record Evolution offers an Enterprise Pricing Model (“Enterprise”) that is subject to individual negotiation. 

The current prices and products are displayed on the Record Evolution Website www.record-evolution.de/repods.

3.2. Reswarm

We currently offer two pricing models for our Service Reswarm:

3.2.1 The User may purchase resource packages over a subscription time range at a fixed price (“Flat Based”). Resources used in excess of the amount included in a “Flat Based” product are metered according to the same conditions as an Enterprise product. The purchased flat package is non-refundable whether or not the resources are used by the User. At the end of each subscription time range, your “Flat Based” resources package will automatically renew under the exact same conditions unless you cancel it or Record Evolution cancels it. You may cancel your “Flat Based” subscription renewal through your online account management page.

3.2.2 In addition to the pricing model indicated above, Record Evolution offers an Enterprise Pricing Model (“Enterprise”) that is subject to individual negotiation. 

The current prices and products are displayed on the Record Evolution Website www.record-evolution.de/reswarm.

4. Change of Product

You can change the product at any time. Due subscription fees for a product before product change will not be refunded. In case you change into a product which had been active before and the subscription period is not yet expired, then the next due subscription period will begin after the expiry of the current subscription period.

5. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Record Evolution.

6. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Record Evolution any charge incurred in connection with your use of the Service. If you dispute the matter, contact us directly via email contact@record-evolution.de. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.

7. Availability, Errors, and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

8. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

9. Online Billing

At the end of the applicable Fee Accrual Period, Record Evolution will issue an electronic bill to User for all charges accrued based on the Usage Based and Flat Based products that were used within this period.

If User elects to pay by credit card, debit card, or other non-invoiced form of payment, Record Evolution will charge (and User will pay) all Fees immediately at the end of the Fee Accrual Period. If User elects to pay by invoice (and Record Evolution agrees), all Fees are due as set forth in the invoice. User’s obligation to pay all Fees is non-cancellable.

The minimum charge per Credit Card transaction is 0.50€. If no charges are accrued (invoice amount of zero Euro), then no Credit Card transaction will be made.

Record Evolution’s measurement of the User’s use of the Service is final. Record Evolution has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Record Evolution.

10. Taxes

The User is responsible for any Taxes, and the User will pay Record Evolution for the Service without any reduction for Taxes. If Record Evolution is obligated to collect or pay Taxes, the Taxes will be invoiced to the User, unless the User provides Record Evolution with a timely and valid tax exemption certificate authorized by the appropriate taxing authority.

In some regions, the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If the User is required by law to withhold any Taxes from its payments to Record Evolution, the User must provide Record Evolution with an official tax receipt or other appropriate documentation to support such withholding. If, under the applicable tax legislation, the Service is subject to local VAT and the User is required to make a withholding of local VAT from amounts payable to Record Evolution, the value of the Service calculated in accordance with the above procedure will be increased (grossed up) by the User for the respective amount of local VAT and the grossed up amount will be regarded as a VAT-inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the User and the User will ensure that Record Evolution will receive payment for its services for the net amount as would otherwise be due (the VAT-inclusive price less the local VAT withheld and remitted to applicable tax authority).

If required under applicable law, the User will provide Record Evolution with applicable tax identification information that Record Evolution may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. The User will be liable to pay (or reimburse Record Evolution for) any taxes, interest, penalties or fines arising out of any mis-declaration by the User.

11. Invoice Disputes and Refunds

Any invoice disputes must be submitted prior to the payment due date. If the parties determine that certain billing inaccuracies are attributable to Record Evolution, Record Evolution will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Record Evolution will apply the credit memo amount to the disputed invoice and User will be responsible for paying the resulting net balance due on that invoice.

To the fullest extent permitted by law, the User waives all claims relating to Fees unless claimed within sixty days after charged (this does not affect any User rights with its credit card issuer). Refunds (if any) are at the discretion of Record Evolution and will only be in the form of credit for the Service. Nothing in this Agreement obligates Record Evolution to extend credit to any party.

12. Delinquent Payments; Suspension

Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. The User will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Record Evolution in collecting such delinquent amounts. If the User is late on payment for the Service, Record Evolution may suspend the Service or terminate the Agreement for breach pursuant to Section.

No Purchase Order Number Required. For clarity, the User is obligated to pay all applicable Fees without any requirement for Record Evolution to provide a purchase order number on Record Evolution’s invoice (or otherwise).

D. Acceptable Use

Short version: Record Evolution hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not, under any circumstances, upload, post, host, or transmit any content that:

2.1 is unlawful or promotes unlawful activities;

2.2 is or contains sexually obscene content;

2.3 is libelous, defamatory, or fraudulent;

2.4 is discriminatory or abusive towards any individual or group;

2.5 contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or

2.6 infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

3. Conduct Restrictions

While using the Record Evolution Service, you agree that you will not under any circumstances:

3.1 harass, abuse, threaten, or incite violence towards any individual or group, including Record Evolution employees, officers, and agents, or other Record Evolution Users;

3.2 use our platform for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our platform, such as get-rich-quick schemes;

3.3 attempt to disrupt or tamper with Record Evolution’s platform in ways that could harm our Website or Service, to place undue burden on Record Evolution’s platform through automated means, or to access Record Evolution’s Service in ways that exceed your authorization;

3.4 impersonate any person or entity, including any of our employees or representatives, including through false association with Record Evolution, or by fraudulently misrepresenting your identity or site’s purpose; or

3.5 violate the privacy of any third party, such as by posting another person’s personal information without consent.

3.6 sign up and use the platform for competitive screening purposes if you offer competitive products and have no written consent from us.

4. Service Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Record Evolution’s express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through Record Evolution’s API. Please see Section I for our API Terms. You may scrape the website for the following reasons:

5.1 Researchers may scrape public, non-personal information from Record Evolution for research purposes, only if any publications resulting from that research are open-access.

5.2 Archivists may scrape Record Evolution for public data for archival purposes.

You may not scrape Record Evolution for spamming purposes, including for the purposes of selling Record Evolution users’ personal information, such as to recruiters, headhunters, and job boards.

All use of Record Evolution data gathered through scraping must comply with the Record Evolution Privacy Statement.

6. Privacy

Misuse of Record Evolution Users’ Personal Information is prohibited. Any person, entity, or service collecting data from Record Evolution must comply with the Record Evolution Privacy Statement, particularly in regards to the collection of our Users’ Personal Information (as defined in the Record Evolution Privacy Statement). If you collect any Record Evolution User’s Personal Information from Record Evolution, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Record Evolution, and you will respond promptly to complaints, removal requests, and “do not contact” requests from Record Evolution or Record Evolution Users.

E. User-Generated Content

Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.

1. Responsibility for User-Generated Content

You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Possible Content Removal

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Record Evolution terms or policies.

3. Ownership of Content, Right to Post, and License Grants

You retain ownership of and responsibility for the Content you create or own (“Your Content”). If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.

Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Record Evolution Users — certain legal permissions, listed in Sections E.4 — E.6. These license grants apply to Your Content. If you upload Content that already comes with a license granting Record Evolution the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections E.4 — E.6. The licenses you grant to us will end when you remove Your Content from our platform, unless other Users have copied it.

4. License Grant to Us

We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy your content to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our platform; share it with other users; and perform it, in case Your Content is something like music or video.

This license does not grant Record Evolution the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.

5. License Grant to Other Users

Any User-Generated Content you post publicly, including comments, and contributions to other Users’ repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and “fork” your repositories (this means that others may make their own copies of Content from your repositories in repositories they control).

If you set your pages and repositories to be viewed publicly, you grant each User of Record Evolution a nonexclusive, worldwide license to use, display, and perform Your Content through the Record Evolution Service and to reproduce Your Content solely on Record Evolution as permitted through Record Evolution’s functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Record Evolution Users.

6. Moral Rights

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section E.4, but not otherwise.

To the extent this agreement is not enforceable by applicable law, you grant Record Evolution the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.

F. Private Data Pods and/or Swarms

Short version: You may have access to private Data Pods and/or Swarms. We treat the content of private Data Pods and/or Swarms as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.

1. Control of Private Data Pods and/or Private Swarms

Some accounts may have private Data Pods and/or private Swarms, which allow the User to control access to Content.

2. Confidentiality of Private Data Pods and/or private Swarms

Record Evolution considers the contents of private Data Pods and/or private Swarms to be confidential to you. Record Evolution will protect the contents of private Data Pods and/or private Swarms from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.

3. Access

Record Evolution employees may only access the content of your private Data Pods and/or private Swarms in the following situations:

3.1 With your consent and knowledge, for support reasons. If Record Evolution accesses a private Data Pod and/or a private Swarm for support reasons, we will only do so with the owner’s consent and knowledge.

3.2 When access is required for security reasons.

You may choose to enable additional access to your private Data Pod and/or private Swarm. For example:

3.3 You may enable various Record Evolution services or features that require additional rights to Your Content in private Data Pods and/or private Swarms. These rights may vary depending on the service or feature, but Record Evolution will continue to treat your private Data Pod and/or private Swarm Content as confidential. If those services or features require rights in addition to those we need to provide the Record Evolution Service, we will provide an explanation of those rights.

3.4 You may also grant a third-party application authorization to use, access, and disclose the contents of your private Data Pods and/or private Swarms. Your use of third-party applications is at your sole risk; Record Evolution is not liable for disclosures to third parties that you authorize to access a private Data Pod and/or Swarm.

4. Exclusions

If we have reason to believe the contents of a private Data Pod and/or Swarm are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private repositories.

If you believe that content on our website violates your copyright, please contact us via email contact@record-evolution.de. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.

H. Intellectual Property Notice

Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.

1. Record Evolution’s Rights to Content

Record Evolution and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Record Evolution GmbH. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Record Evolution.

2. Record Evolution Trademarks and Logos

If you’d like to use Record Evolution’s trademarks, contact us directly via email contact@record-evolution.de.

I. API Terms

Short version: You agree to these Terms and Conditions, plus this Section I, when using any of Record Evolution’s APIs (Application Provider Interface), including use of the API through a third party product that accesses Record Evolution.

1. No Abuse or Overuse of the API

Abuse or excessively frequent requests to Record Evolution via the API may result in the temporary or permanent suspension of your account’s access to the API. Record Evolution, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Record Evolution’s rate limitations.

You may not use the API to download data or Content from Record Evolution for spamming purposes, including for the purposes of selling Record Evolution users’ personal information, such as to recruiters, headhunters, and job boards.

All use of the Record Evolution API is subject to these Terms and Conditions and the Record Evolution Privacy Statement.

Record Evolution may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Record Evolution’s Service.

J. Advertising on Record Evolution

We do not generally prohibit the use of Record Evolution for advertising. However, we expect our users to follow certain limitations.

Spamming and Inappropriate Use of Record Evolution

Advertising Content, like all Content, must not violate the law or these Terms, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any Record Evolution terms or policies.

K. Cancellation and Termination

Short version: You may close your account at any time. If you do, we will treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your account with Record Evolution. You can cancel your account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no-questions-asked cancellation link. We are not able to cancel accounts in response to an email or a phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your account is cancelled.

We will not delete Content that you have contributed to other Users’ Data Pods and/or Swarms or that other Users have copied.

Upon request, we will provide an account owner with a copy of his/her lawful, non-infringing account contents after account cancellation, termination, or downgrade.

3. Record Evolution May Terminate

Record Evolution has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Record Evolution reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

L. Communications with Record Evolution

Short version: We use email and other electronic means to stay in touch with our users.

1. Electronic Communication Required

For contractual purposes, you

1.1 consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and

1.2 agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Record Evolution Must Be in Writing

Communications made through email or Record Evolution Support’s messaging system will not constitute legal notice to Record Evolution or any of its officers, employees, agents or representatives in any situation where notice to Record Evolution is required by contract or any law or regulation. Legal notice to Record Evolution must be in writing.

3. No Phone Support

Record Evolution only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

4. Newsletter

By subscribing to our newsletter, you agree to receive email from us. The aim of our newsletter service is to keep our customers and visitors updated about new software releases or new service offerings. The subscription to our newsletter service is not mandatory. We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms and Conditions. We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice. We will do so with any subscriber we deem registered with fake data. We require all subscribers to confirm their email address upon registration. You will therefore receive a message with a link you will have to click in order to confirm the email address and your will to subscribe. We will not communicate / spread / publish or otherwise give away your email address. You will be able to change your subscription settings or delete it altogether at anytime. To unsubscribe from our Newsletter, please navigate to the Unsubscribe link within your Newsletter email to unsubscribe.

M. Disclaimer of Warranties

Short version: We provide our Service as is, and we make no promises or guarantees about this Service. Please read this section carefully; you should understand what to expect.

Record Evolution provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Record Evolution does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

N. Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the Service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

1.1 the use, disclosure, or display of your User-Generated Content;

1.2 your use or inability to use the Service;

1.3 any modification, price change, suspension or discontinuance of the Service;

1.4 the Service generally or the software or systems that make the Service available;

1.5 unauthorized access to or alterations of your transmissions or data;

1.6 statements or conduct of any third party on the Service;

1.7 any other user interactions that you input or receive through your use of the Service; or

1.8 any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

O. Release and Indemnification

Short version: You are responsible for your use of the Service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release Record Evolution from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Record Evolution:

1.1 promptly gives you written notice of the claim, demand, suit or proceeding;

1.2 gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Record Evolution of all liability); and

1.3 provides to you all reasonable assistance, at your expense.

P. Changes to These Terms

Short version: We want our users to be informed of important changes to our terms, but some changes are not that important — we do not want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

We reserve the right, at our sole discretion, to amend these Terms and Conditions at any time and will update these Terms and Conditions in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms and Conditions.

We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

Q. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Record Evolution and any access to or use of the Website or the Service are governed by the laws of the Federal Republic of Germany. You and Record Evolution agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Frankfurt am Main, Germany.

2. Non-Assignability

Record Evolution may assign or delegate these Terms and Conditions and/or the Record Evolution Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section E.4. You may not assign or delegate any rights or obligations under the Terms and Conditions or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Record Evolution to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Record Evolution to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Record Evolution, or by the posting by Record Evolution of a revised version in accordance with Section P. Changes to These Terms. These Terms, together with the Record Evolution Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Record Evolution relating to the subject matter of these Terms, including any confidentiality or nondisclosure agreements.

6. Acknowledgement

These Terms are adapted from the freely licensed Terms from GitHub. A big Thank You to GitHub!

Contact Us

If you have any questions regarding these Terms, contact us at contact@record-evolution.de.

Privacy Policy

Status: April 27, 2020

Introduction

With the following privacy policy, we would like to inform you about the types of personal data (hereinafter also referred to as “data”) that we process, the purposes for which we process such data and the extent to which we process such data. This privacy policy also serves to fulfil our obligations to provide information pursuant to Art. 13 f. DSGVO. The privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and on our websites, in mobile applications and as part of external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”).

The terms used are not gender-specific.

Responsible person

Record Evolution GmbH

Hanauer Landstraße 146

60314 Frankfurt am Main

Germany

 

E-mail address: contact@record-evolution.de

Website: www.record-evolution.de

Phone: +49 69 4699 4602

Contact data protection officer

Philip Wolf

Record Evolution GmbH

Hanauer Landstraße 146

60314 Frankfurt am Main

Germany

E-mail address: philipp.wolf@record-evolution.de

Phone: +49 69 4699 4602

Overview of the processing activities

The following overview summarises the types of data processed as well as the purposes of the processing and refers to the affected persons.

Types of data processed

  • Inventory data (e.g. names, addresses).
  • Applicant data (e.g. personal details, postal and contact addresses, the documents pertaining to the application and the information contained therein, such as cover letter, curriculum vitae, certificates and other information about the applicant’s person or qualification, either with regard to a specific position or provided voluntarily by applicants).
  • Content data (e.g. text entries, photographs, videos).
  • Contact data (e.g. e-mail, telephone numbers).
  • Meta/communication data (e.g. device information, IP addresses).
  • Usage data (e.g. websites visited, interest in content, access times).
  • Location data (data indicating the location of an end user’s end device).
  • Contract data (e.g. subject matter of the contract, duration, customer category).
  • Payment data (e.g. bank details, invoices, payment history).

Categories of affected persons

  • Employees (e.g. employees, applicants, former employees).
  • Applicants.
  • Business and contractual partners.
  • Interested parties.
  • Communication partners.
  • Customers.
  • Users (e.g. website visitors, users of online services).

Purposes of processing

  • Provision of our online offering and user-friendliness.
  • Visitor action evaluation.
  • Application procedure (justification and possible later implementation and possible later termination of employment).
  • Office and organisational procedures.
  • Cross-device tracking (cross-device processing of user data for marketing purposes).
  • Direct marketing (e.g. by e-mail or post).
  • Feedback (e.g. collecting feedback via online form).
  • Interest-based and behaviour-based marketing.
  • Contact requests and communication.
  • Conversion measurement (measuring the effectiveness of marketing measures).
  • Creation of user profiles.
  • Remarketing.
  • Reach measurement (e.g. access statistics, recognition of returning visitors).
  • Security measures.
  • Tracking (e.g. interest/behavioural profiling, use of cookies).
  • Contractual performance and service.
  • Management and response to inquiries.
  • Target group formation (determination of target groups relevant for marketing purposes or other output of content).

In what follows, we provide the legal basis for the Basic Data Protection Regulation (DSGVO), on the basis of which we process personal data. Please note that in addition to the regulations of the DSGVO, national data protection regulations may apply in your or our country of residence and/or domicile. If, in addition, more specific legal bases are applicable in individual cases, we will inform you of these in the privacy statement.

  • Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO) – The data subject has given his or her consent to the processing of personal data relating to him or her for one or more specific purposes.
  • Fulfilment of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO) – Processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject.
  • Legal obligation (Art. 6 para. 1 sentence 1 lit. c. DSGVO) – The processing is necessary for the performance of a legal obligation to which the controller is subject.
  • Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO) – The processing is necessary to safeguard the legitimate interests of the controller or of a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data outweigh the data subject’s legitimate interests or fundamental rights and freedoms.
  • Art. 9 para. 1 sentence 1 lit. b DSGVO – If, in the context of the application procedure, special categories of personal data within the meaning of Art. 9 para. 1 DSGVO (e.g. health data such as severe disability or ethnic origin) are requested from applicants so that the controller or the data subject can exercise the rights arising from labour law and social security and social protection law and fulfil his or her obligations in this respect, processing thereof shall be carried out in accordance with Art. 9 para. 2 lit. b. DSGVO, in the case of protection of vital interests of applicants or other persons pursuant to Art. 9 para. 2 lit. c. DSGVO or for the purposes of preventive health care or occupational medicine, for the assessment of the employee’s ability to work, for medical diagnosis, care or treatment in the health or social sector or for the management of systems and services in the health or social sector in accordance with Art. 9 Para. 2 lit. h. DSGVO. In the case of a communication of special categories of data based on voluntary consent, their processing is carried out on the basis of Art. 9 para. 2 lit. a. DSGVO.

National data protection regulations in Germany: In addition to the data protection regulations of the Basic Data Protection Regulation, national regulations on data protection apply in Germany. These include in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right of objection, 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 (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees.

Security measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection commensurate with the risk.

Those measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted and responses to data threats are made. Furthermore, 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, by designing technology and by using data protection-friendly default settings.

Examples of technical protection measures (not exhaustive):

  • Abbreviation of the IP address: If it is possible for us or if it is not necessary to save the IP address, we shorten or have your IP address shortened. In the case of shortening the IP address, also known as “IP masking”, the last octet, i.e. the last two numbers of an IP address, are deleted (in this context, the IP address is an identifier individually assigned to an Internet connection by the online access provider). The purpose of shortening the IP address is to prevent or make it considerably more difficult to identify a person on the basis of their IP address.
  • SSL encryption (https): To protect your data transmitted via our online offering, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address line of your browser.

Data processing in third countries

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

Subject to express consent or transfer required by contract or by law, we process or allow data to be processed only in third countries with a recognised level of data protection, including the US processors certified under the Privacy Shield, or on the basis of special guarantees, such as contractual obligations under the EU Commission’s so-called standard protection clauses, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, EU Commission information page): https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de.

Use of cookies

Cookies are text files that contain data from websites or domains visited and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after their visit as part of an online offering. The stored information may include, for example, the language settings of a website, the login status, a shopping cart or the location where a video has been viewed. The term “cookies” also includes other technologies that perform the same functions as cookies (e.g., when user information is stored using pseudonymous online identifiers, also known as “user IDs”).

We distinguish between the following cookie types and functions:

  • Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user leaves an online offering and closes their browser.
  • Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. The interests of users used for reach measurement or marketing purposes can also be stored in such a cookie.
  • First-party cookies: First-party cookies are set by ourselves.
  • Third party cookies: Third party cookies are mainly used by advertisers (so-called third parties) to process user information.
  • Necessary (also: essential or imperative) cookies: Cookies can be absolutely necessary for the operation of a website (e.g. to store logins or other user input or for security reasons).
  • Statistical, marketing and personalization cookies: Furthermore, cookies are usually also used in the context of reach measurement as well as when the interests of a user or their behavior (e.g. viewing certain content, using functions, etc.) on individual web pages are stored in a user profile. Such profiles are used to show users e.g. content that corresponds to their potential interests. This procedure is also known as “tracking”, i.e., following the potential interests of users. If we use cookies or “tracking” technologies, we will inform you separately in our data protection declaration or when obtaining your consent.

Notes on the legal basis: The legal basis on which we process your personal data using cookies depends on whether we ask you for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the aid of cookies will be processed on the basis of our legitimate interests (e.g. in the business operation of our online offering and its improvement) or, if the use of cookies is necessary to fulfil our contractual obligations.

General notes on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the possibility at any time to revoke a given consent or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”). You can initially declare your objection by means of the settings of your browser, e.g. by deactivating the use of cookies (although this may also restrict the functionality of our online service). An objection to the use of cookies for online marketing purposes can also be declared by means of a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can receive further notices of objection in the context of the information on the service providers and cookies used.

Processing of cookie data based on consent: Before we process or have processed data within the scope of the use of cookies, we ask users to give their consent, which can be revoked at any time. Before consent has not been given, we will only use cookies that are necessary for the operation of our online service. Their use is based on our interest and the interest of the users in the expected functionality of our online offering.

  • Processed types of data: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Users (e.g. website visitors, users of online services).

Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Commercial and business services

We process the data of our contractual and business partners, e.g. customers and prospective customers (collectively referred to as “contractual partners”) within the scope of contractual and comparable legal relationships as well as associated measures and within the scope of communication with the contractual partners (or pre-contractual), e.g. to answer enquiries.

We process this data for the purpose of fulfilling our contractual obligations, for securing our rights and for the purposes of the administrative tasks associated with this information as well as for business organisation. Within the framework of the applicable law, we only pass on the data of the contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations or with the consent of the contractual partners (e.g. to involved telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, in the context of this data privacy policy.

We will inform the contractual partners which data is required for the above-mentioned purposes before or within the scope of data collection, e.g. in online forms, by special marking (e.g. colours) or symbols (e.g. asterisks or similar), or personally.

We delete the data after expiry of the legal warranty and comparable obligations, i.e., in principle after 4 years, unless the data is stored in a customer account, e.g., for as long as it must be kept for legal archiving reasons (e.g., for tax purposes usually 10 years). We will delete data that has been disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, generally after the end of the order.

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

Customer account: Contractual partners can create an account within our online offering (e.g. customer or user account, in short “customer account”). If the registration of a customer account is required, contractual partners are informed of this as well as of the information required for registration. The customer accounts are not public and cannot be indexed by search engines. Within the scope of registration and subsequent logins and use of the customer account, we store the IP addresses of the customers together with the access times in order to be able to prove registration and prevent possible misuse of the customer account.

If customers have cancelled their customer account, the data relating to the customer account will be deleted, subject to the retention of such data being required for legal reasons. It is the responsibility of the customers to secure their data upon termination of the customer account.

Shop and e-commerce: We process the data of our customers in order to enable them to select, purchase or order the selected products, goods and associated services, as well as to enable payment and delivery or execution.

The necessary information is marked as such within the scope of the ordering or comparable acquisition process and includes the information required for delivery, or provision and invoicing, as well as contact information in order to be able to consult with you if necessary.

Offer of software and platform services: We process the data of our users, registered users and any test users (hereinafter uniformly referred to as “users”) in order to be able to provide them with our contractual services and on the basis of legitimate interests in order to guarantee the security of our offer and to be able to further develop it. The required information is identified as such in the context of the conclusion of the order, purchase order or comparable contract and includes the information required for the provision of services and invoicing as well as contact information in order to be able to make any necessary arrangements.

  • Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of the contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Interested parties, business and contractual partners, customers.
  • Purposes of processing: contractual services and performance, contact requests and communication, office and organisational procedures, administration and answering of requests, security measures.
  • Legal basis: Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO), Legal obligation (Art. 6 para. 1 sentence 1 lit. c. DSGVO), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Payment service provider

Within the framework of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the persons concerned efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively “payment service providers”).

The data processed by the payment service providers includes inventory data, such as name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, sum and recipient related data. These details are required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the payment service providers may transmit the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the General Terms and Conditions and the data protection notices of the payment service providers.

The terms and conditions and the data protection information of the respective payment service providers apply to the payment transactions, which can be called up within the respective websites or transaction applications. We also refer to these for further information and the assertion of rights of revocation, information and other rights of affected persons.

  • Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contract data (e.g. subject matter of the contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Customers, interested parties.
  • Purposes of processing: contact requests and communication, affiliate tracking.
  • Legal basis: Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Registration, login and user account

Users can create a user account. Within the scope of registration, users are provided with the necessary mandatory data and processed for the purpose of providing the user account on the basis of contractual obligation fulfilment. The processed data includes in particular the login information (name, password and an email address). The data entered during registration is used for the purpose of using the user account and its purpose.

Users can be informed by email about processes relevant to their user account, such as technical changes. If users have cancelled their user account, their data relating to the user account will be deleted, subject to a legal obligation to retain data. It is the users’ responsibility to save their data in case of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.

Within the scope of the use of our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests as well as those of the users in protection against misuse and other unauthorized use. As a matter of principle, this data is not passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so.

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), meta/communication data (e.g. device information, IP addresses).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Contractual services and performance, security measures, administration and responding to inquiries.
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), Fulfilment of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Blogs and publication media

We use blogs or comparable means of online communication and publication (hereinafter “publication medium”). Readers’ data are processed for the purposes of the publication medium only to the extent necessary for its presentation and for communication between authors and readers or for security reasons. In addition, we refer to the information on the processing of visitors to our publication medium within the scope of this data protection notice.

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Purposes of processing: contractual services and performance, feedback (e.g. collecting feedback via online form).
  • Legal bases: Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Services used and service providers:

  • WordPress.com: hosting platform for blogs; service providers: Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA; website: https://wordpress.com; privacy policy: https://automattic.com/de/privacy/.

Contact

When contacting us (e.g. via contact form, e-mail, telephone or social media), the data of the inquiring persons will be processed to the extent necessary to answer the contact inquiries and any requested actions.

The response to contact requests within the scope of contractual or pre-contractual relationships is made in order to fulfil our contractual obligations or to respond to (pre)contractual requests and otherwise on the basis of the legitimate interest in responding to the requests.

  • Processed data types: basic data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: communication partners.
  • Purposes of processing: contact requests and communication.
  • Legal basis: Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Online conferences, meetings and webinars

We use third-party platforms and applications (hereinafter referred to as “Third-Party Providers”) for the purpose of conducting video and audio conferences, webinars and other types of video and audio meetings. When selecting third-party providers and their services, we observe the applicable legal requirements.

In this context, data of the communication participants will be processed and stored on the servers of the third-party providers if they are part of communication processes involving us. This data may include, in particular, registration and contact data, visual and vocal contributions, as well as entries in chats and shared screen content.

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Communication partners, users (e.g. website visitors, users of online services).
  • Purposes of processing: Contractual services and performance, contact requests and communication, office and organisational procedures.
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Surveys and questionnaires

The surveys and questionnaires (hereinafter referred to as “surveys”) we conduct are evaluated anonymously wherever possible. Personal data will only be processed to the extent necessary for the provision and technical implementation of the surveys (e.g. processing of the IP address to display the survey in the user’s browser or to enable the survey to be resumed using a temporary cookie (session cookie)) or users have consented.

  • Notes on the legal basis: If we ask participants to consent to the processing of their data, this is the legal basis for the processing, otherwise the processing of participants’ data is based on our legitimate interest in conducting an objective survey.
  • Data types processed: Contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Communication partners, users (e.g. website visitors, users of online services).
  • Purposes of processing: Contact requests and communication, direct marketing (e.g. by email or post), tracking (e.g. interest/behavioural profiling, use of cookies), feedback (e.g. collecting feedback via online form).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Provision of the online offering and web hosting

In order to provide our online services securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online services 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 within the scope of providing the hosting offer may include all data concerning the users of our online offering, which are generated within the scope of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offerings to browsers, and all entries made within our online offering or from websites.

Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, date and time of access, data volume transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.

The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the capacity utilisation of the servers and their stability.

  • Processed data types: Content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Legal basis: legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Application procedures

The application procedure requires applicants to provide us with the data necessary for their assessment and selection. The required information can be found in the job description or, in the case of online forms, in the information provided there.

In principle, the required information includes personal details such as name, address, contact details and proof of the qualifications required for a position. On request, we will also be happy to inform you which information is required.

If provided, applicants can send us their applications using an online form. The data will be encrypted using state-of-the-art technology and transmitted to us. Applicants can also send us their applications by email. Please note, however, that emails are generally not sent in encrypted form. As a rule, emails are encrypted in transit, but not on the servers from which they are sent and received. 

  • Types of data processed: Applicant data (e.g. personal details, postal and contact addresses, the documents belonging to the application and the information contained therein, such as cover letter, curriculum vitae, certificates and other information on the applicant’s person or qualification provided by the applicant with regard to a specific position or voluntarily).
  • Persons concerned: Applicants.
  • Purposes of processing: Application procedure (justification and possible later implementation and possible later termination of employment).
  • Legal basis: Art. 6 Paragraph 1 S. 1 lit. b DSGVO, Art. 9 Paragraph 1 S. 1 lit. b DSGVO (application procedure as a pre-contractual or contractual relationship) (Insofar as special categories of personal data within the meaning of Art. 9 Paragraph 1 DSGVO (e.g. health data, such as severely handicapped status or ethnic origin) are requested from applicants during the application procedure so that the responsible person or the data subject can exercise the rights accruing to him or her under labour law and social security and social protection law and fulfil his or her obligations in this respect, they are processed in accordance with Art. 9 Paragraph 2 lit. b. DSGVO, in the case of the protection of the vital interests of applicants or other persons pursuant to Art. 9 para. 2 lit. c. DSGVO or for the purposes of preventive healthcare or occupational medicine, for the assessment of the employee’s ability to work, for medical diagnosis, care or treatment in the health or social sector or for the management of systems and services in the health or social sector in accordance with Art. 9 Para. 2 lit. h. DSGVO. In the case of communication of special categories of data based on voluntary consent, their processing is carried out on the basis of Art. 9 para. 2 lit. a. DSGVO).

Cloud services

We use software services accessible via the Internet and running on the servers of their providers (so-called “cloud services”, also referred to as “Software as a Service”) for the following purposes: document storage and management, calendar management, e-mailing, spreadsheets and presentations, exchanging documents, content and information with specific recipients or publishing web pages, forms or other content and information, and chatting and participating in audio and video conferences.

In this context, personal data may be processed and stored on the servers of the providers if they are part of communication processes with us or otherwise processed by us as set out in this privacy policy. Such data may include, in particular, master data and contact details of users, data on procedures, contracts, other processes and their contents. The providers of the cloud services also process usage data and metadata that are used by them for security purposes and for service optimization.

If we use the cloud services to provide other users or publicly accessible websites with forms or other documents and content, the providers may store cookies on the users’ devices for web analysis purposes or to remember user settings (e.g. in the case of media control).

Notes on the legal basis: If we ask for consent to use the cloud services, the legal basis for processing is consent. Furthermore, their use can be a component of our (pre)contractual services, provided that the use of the cloud services has been agreed upon in this context. Otherwise, user data is processed on the basis of our legitimate interests (i.e., interest in efficient and secure administration and collaboration processes).

  • Processed data types: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Customers, employees (e.g. employees, applicants, former employees), interested parties, communication partners.
  • Purposes of processing: Office and organisational procedures.
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), Fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Services used and service providers:

Google cloud services: Cloud storage services; service providers: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Website: https://cloud.google.com/; Privacy Policy: https://www.google.com/policies/privacy, Security Notice: https://cloud.google.com/security/privacy; Privacy Shield (ensuring level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000000001L5AAI&status=Aktive; Standard Contractual Clauses (ensuring level of data protection when processing in a third country): https://cloud.google.com/terms/data-processing-terms; Additional Privacy Notice: https://cloud.google.com/terms/data-processing-terms.

Newsletter and other communication

We send newsletters, emails and other electronic notifications (hereinafter “newsletters”) only with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. Furthermore, our newsletters contain information about our services and us.

In order to register to our newsletters, it is basically sufficient to provide your e-mail address. However, we may ask you to provide a name for the purpose of personal contact in the newsletter, or other details if these are necessary for the purposes of the newsletter.

Double opt-in procedure: The registration to our newsletter is always done by means of a so-called double-opt-in procedure. This means that after registration you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can register using third-party email addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the shipping service provider are also logged.

Deletion and restriction of processing: We may store the deleted email addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove that we have previously given our consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time. In case of obligations to permanently observe contradictions, we reserve the right to store the email address in a blacklist for this purpose alone.

The logging of the registration procedure is carried out on the basis of our legitimate interests for the purpose of proving that it has been carried out properly. If we commission a service provider to send emails, this is done on the basis of our legitimate interests in an efficient and secure sending system.

Notes on the legal basis: If we commission a service provider to send emails, this is done on the basis of our legitimate interests. The registration process is recorded on the basis of our legitimate interests in order to prove that it was carried out in accordance with the law.

Contents: Information about us, our services, actions and offers.

Measurement of success: The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a mailing service provider, from their server. Within the scope of this retrieval, technical information such as information on the browser and your system, as well as your IP address and the time of the retrieval, is initially collected.

This information is used for the technical improvement of our newsletter on the basis of the technical data or the target groups and their reading behaviour on the basis of their retrieval locations (which can be determined by means of the IP address) or the access times. This analysis also includes determining whether the newsletter is opened, when it is opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our endeavour nor, if used, that of the dispatch service provider to observe individual users. Rather, the evaluations serve to identify the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

The evaluation of the newsletter and the measurement of success are carried out, subject to the express consent of the users, on the basis of our legitimate interests for the purpose of using a user-friendly and secure newsletter system that serves our business interests and meets the expectations of the users.

A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be canceled or objected to.

Condition for the use of free services: Consent to the sending of mailings can be made dependent as a prerequisite for the use of free services (e.g. access to certain content or participation in certain campaigns). If users wish to take advantage of the free services without registering for the newsletter, please contact us.

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), meta/communication data (e.g. device information, IP addresses), usage data (e.g. websites visited, interest in content, access times).
  • Affected persons: Communication partners, users (e.g. website visitors, users of online services).

Purposes of processing: direct marketing (e.g. by email or post), contractual services and service.

  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).
  • Opt-out: You can cancel the receipt of our newsletter at any time, i.e. revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can use one of the contact options listed above, preferably email.

Advertising communication via email, post, fax or telephone

We process personal data for the purpose of advertising communication, which can take place via various channels, such as e-mail, telephone, post or fax, in accordance with legal requirements.

Recipients have the right to revoke their consent at any time or to object to promotional communication at any time.

After revocation or objection, we may store the data required to prove consent for up to three years on the basis of our legitimate interests before deleting it. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.

  • Processed data types: Inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers).
  • Data subjects: communication partners.
  • Purposes of processing: Direct marketing (e.g. by email or post).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Web analysis and optimization

Web analysis (also known as “reach measurement”) is used to evaluate the streams of visitors to our online offering and may include behavior, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of the range analysis we can, for example, identify at what time our online offering or its functions or contents are most frequently used or invite reuse. We can also understand which areas require optimization.

In addition to web analysis, we can also use test procedures, e.g. to test and optimise different versions of our online offering or its components.

For these purposes, so-called user profiles can be created and stored in a file (so-called “cookie”) or similar procedures with the same purpose can be used. This information may include, for example, content viewed, web pages visited and elements used there, and technical information such as the browser used, the computer system used and information on times of use. If users have consented to the collection of their location data, this data may also be processed, depending on the provider.

The IP addresses of users are also stored. However, we use an IP masking procedure (i.e., pseudonymization by shortening the IP address) to protect the users. In general, the data stored in the context of web analysis, A/B testing and optimization are not clear user data (such as e-mail addresses or names), but pseudonyms. This means that we, as well as the providers of the software used, do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective procedures.

Notes on the legal basis: If we ask users for their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, the users’ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.

  • Types of data processed: Usage data (e.g. websites visited, interest in content, access times).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Reach measurement (e.g. access statistics, recognition of returning visitors), tracking (e.g. interest/behavior-related profiling, use of cookies), visitor action evaluation, profiling (creation of user profiles), interest-based and behavior-related marketing.
  • Security measures: IP-Masking (pseudonymization of the IP address).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Used services and service providers:

  • Google Optimize: Use of Google Analytics data for the purpose of improving areas of our online offering and better aligning our marketing measures with the potential interests of users; service providers: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://optimize.google.com; privacy policy: https://policies.google.com/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active; opt-out: opt-out plug-in: https://tools.google.com/dlpage/gaoptout?hl=de, settings for the display of advertising: https://adssettings.google.com/authenticated.

Online marketing

We process personal data for online marketing purposes, which may include, in particular, the marketing of advertising space or the display of advertising and other content (collectively referred to as “Content”) based on the potential interests of users and the measurement of their effectiveness.

For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar procedures are used, by means of which the user information relevant for the presentation of the aforementioned content is stored. This information may include, for example, the content viewed, web pages visited, online networks used, but also communication partners and technical information such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this may also be processed.

The IP addresses of users are also stored. However, we use available IP masking procedures (i.e., pseudonymization by shortening the IP address) to protect the users. In general, the online marketing procedure does not store any clear user data (such as e-mail addresses or names), but pseudonyms. This means that we, as well as the providers of the online marketing procedures, do not know the actual identity of the users, but only the information stored in their profiles.

As a rule, the information in the profiles is stored in the cookies or by means of similar procedures. These cookies can later be read out and analyzed for the purpose of presenting content on other websites that use the same online marketing procedure, and can also be supplemented with additional data and stored on the server of the online marketing procedure provider.

As an exception, clear data can be assigned to the profiles. This is the case, for example, if the users are members of a social network whose online marketing procedure we use and the network links the user profiles with the aforementioned data. Please note that users can make additional agreements with the providers, e.g. by giving their consent during registration.

As a matter of principle, we only obtain access to summarized information on the success of our advertisements. However, we can check in the context of so-called conversion measurements which of our online marketing procedures have led to a so-called conversion, i.e., for example, to the conclusion of a contract with us. The conversion measurement is used solely to analyze the success of our marketing measures.

Unless otherwise stated, we ask you to assume that cookies used are stored for a period of two years.

Notes on the legal basis: If we ask users to give their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, the users’ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.

Facebook pixel: With the help of the Facebook pixel, on the one hand, Facebook is able to determine the visitors of our online offering as a target group for the display of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel in order to display the Facebook ads placed by us only to those users on Facebook and within the services of partners cooperating with Facebook (so-called “Audience Network” https://www.facebook.com/audiencenetwork/ ) who have also shown an interest in our online offering or who have certain characteristics (e.g. interest in certain topics or products, which can be seen on the basis of the websites visited), which we transmit to Facebook (so-called “Custom Audiences”). With the help of Facebook pixels, we also want to ensure that our Facebook ads correspond to the potential interest of users and do not appear to be a nuisance. The Facebook Pixel also allows us to track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users have been redirected to our website after clicking on a Facebook ad (so-called “conversion measurement”).

  • Data types processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses), location data (data indicating the location of an end user’s end device).
  • Data subjects: Users (e.g. website visitors, users of online services), interested parties.
  • Purposes of processing: Tracking (e.g. interest/behavioral profiling, use of cookies), remarketing, visitor action evaluation, interest-based and behavioral marketing, profiling (creation of user profiles), conversion measurement (the measurement of the effectiveness of marketing measures), reach measurement (e.g. access statistics, recognition of returning visitors), target group formation (determination of target groups relevant for marketing purposes or other output of content), cross-device tracking (cross-device processing of user data for marketing purposes).
  • Security measures: IP-Masking (pseudonymization of the IP address).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).
  • Possibility of objection (opt-out): We refer to the data protection notices of the respective providers and the possibilities of objection stated for the providers (so-called \”opt-out\”). If no explicit opt-out option has been specified, it is possible to switch off cookies in the settings of your browser. However, this can restrict the functions of our online offering. We, therefore, recommend the following additional opt-out options, which are offered in summary form for the respective areas: a) Europe: https://www.youronlinechoices.eu. b) Canada: https://www.youradchoices.ca/choices. c) USA: https://www.aboutads.info/choices. d) Cross-regional: https://optout.aboutads.info.

Used services and service providers:

  • Google Tag Manager: Google Tag Manager is a solution that allows us to manage so-called website tags via an interface (and thus integrate e.g. Google Analytics and other Google marketing services into our online offering). The Tag Manager itself (which implements the tags) does not process any personal user data. With regard to the processing of users’ personal data, we refer to the following information on Google services. Service Provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://marketingplatform.google.com; privacy policy: https://policies.google.com/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
  • Google Analytics: online marketing and web analytics; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://marketingplatform.google.com/intl/de/about/analytics/; privacy policy: https://policies.google.com/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active; opt-out: opt-out plug-in: https://tools.google.com/dlpage/gaoptout?hl=de, settings for the display of advertising: https://adssettings.google.com/authenticated.
  • Google Ads and Conversion Measurement: We use the online marketing process “Google Ads” to place ads in the Google advertising network (e.g., in search results, in videos, on web pages, etc.) so that they are displayed to users who have a presumed interest in the ads. We also measure the conversion rate of the ads. However, we only know the total number of anonymous users who clicked on our ad and were redirected to a page with a so-called “conversion tracking tag”. We do not receive any information that can be used to identify users. Service Provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://marketingplatform.google.com; privacy policy: https://policies.google.com/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
  • Facebook pixel: Facebook pixels; service provider: https://www.facebook.com, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; website: https://www.facebook.com; privacy policy: https://www.facebook.com/about/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active; opt-out: https://www.facebook.com/settings?tab=ads.

Presence in social networks

We maintain online presences within social networks in order to communicate with the users active there or to offer information about us there.

Please note that user data may be processed outside the European Union. This can result in risks for the users because the enforcement of the users’ rights could be made more difficult. With regard to US providers that are certified under the Privacy Shield or offer comparable guarantees of a secure level of data protection, we would like to point out that they thereby undertake to comply with the data protection standards of the EU.

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

For a detailed description of the respective forms of processing and the possibilities of objection (opt-out), please refer to the data protection declarations 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 would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users and can take appropriate measures and provide information directly. Should you nevertheless require assistance, please contact us.

Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).

Persons concerned: Users (e.g. website visitors, users of online services).

Purposes of processing: contact requests and communication, tracking (e.g. interest/behavioral profiling, use of cookies), remarketing, reach measurement (e.g. access statistics, recognition of returning visitors).

Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Services used and service providers:

  • Facebook: Social network; Service provider: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; Website: https://www.facebook.com; Privacy Policy: https://www.facebook.com/about/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active; Opt-Out: Settings for advertisements: https://www.facebook.com/settings?tab=ads; Additional Privacy Notice: Agreement on joint processing of personal data on Facebook Pages: https://www.facebook.com/legal/terms/page_controller_addendum, Privacy Notice for Facebook Pages: https://www.facebook.com/legal/terms/information_about_page_insights_data.
  • 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; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active; opt-out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
  • Twitter: social network; service provider: Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; Privacy Policy: https://twitter.com/de/privacy, (Settings) https://twitter.com/personalization; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.
  • YouTube: Social network; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Privacy Policy: https://policies.google.com/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active; Opt-Out: https://adssettings.google.com/authenticated.
  • Xing: social network; service provider: XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany; Website: https://www.xing.de; Privacy Policy: https://privacy.xing.com/de/datenschutzerklaerung.

Plugins and embedded functions and content

We include in our online offering functional and content elements that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These may be, for example, graphics, videos or social media buttons as well as contributions (hereinafter uniformly referred to as “content”).

The integration always requires that the third-party providers of such content process the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore required for the display of these contents or functions. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. These “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain technical information about the browser and operating system, websites to be referred to, the time of visit and other details about the use of our online offering, as well as being linked to such information from other sources.

Notes on the legal basis: If we ask users for their consent to use third-party providers, the legal basis for processing data is consent. Otherwise, the users’ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this privacy policy.

Types of data processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses), content data (e.g. text entries, photographs, videos), inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers).

Persons concerned: Users (e.g. website visitors, users of online services), communication partners.

Purposes of processing: Provision of our online offering and user-friendliness, contractual services and service, contact inquiries and communication, tracking (e.g. interest/behavioral profiling, use of cookies), interest-based and behavioral marketing, profiling (creation of user profiles), security measures, administration and answering of inquiries.

Legal basis: legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO), consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), contract fulfillment and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO).

Services used and service providers:

  • Facebook plugins and content: Facebook social plugins and content – This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offering within Facebook. The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/; Service Provider: https://www.facebook.com, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, parent company: Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA; website: https://www.facebook.com; privacy policy: https://www.facebook.com/about/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active; opt-out: advertising settings: https://www.facebook.com/settings?tab=ads.
  • Google Fonts: We integrate the fonts (“Google Fonts”) of the provider Google, whereby the data of the users are used solely for the purpose of displaying the fonts in the users’ browser. The integration is based on our legitimate interests in a technically secure, maintenance-free and efficient use of fonts, their uniform presentation and taking into account possible licensing restrictions for their integration. service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://fonts.google.com/; privacy policy: https://policies.google.com/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
  • Twitter plug-ins and content: Twitter plugins and buttons – This may include content such as images, videos or text and buttons that allow users to share content from this online offering within Twitter. Service provider: Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; website: https://twitter.com/de; privacy policy: https://twitter.com/de/privacy.
  • YouTube videos: Video content; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; website: https://www.youtube.com; privacy policy: https://policies.google.com/privacy; Privacy Shield (ensuring the level of data protection when processing data in the USA): https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active; opt-out: opt-out plug-in: https://tools.google.com/dlpage/gaoptout?hl=de, advertising display settings: https://adssettings.google.com/authenticated.

Planning, organization and auxiliary tools

We use the services, platforms, and software of other providers (hereinafter referred to as “third-party providers”) for the purposes of organizing, managing, planning and providing our services. When selecting third-party providers and their services, we observe the legal requirements.

In this context, personal data may be processed and stored on the servers of third-party providers. This may affect various data that we process in accordance with this data protection declaration. This data may include, in particular, master data and contact details of users, data on procedures, contracts, other processes, and their contents.

If users are referred to the third-party providers or their software or platforms in the course of communication, business or other relations with us, the third-party providers may process usage data and metadata for security, service optimization or marketing purposes. We, therefore, request that you observe the data protection notices of the respective third-party providers.

Notes on the legal basis: If we ask users for their consent to use the third-party providers, the legal basis for processing data is consent. Furthermore, their use can be a component of our (pre)contractual services, provided that the use of the third-party providers has been agreed within this framework. Otherwise, the users’ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Data types processed: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Communication partners, users (e.g. website visitors, users of online services).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), Fulfilment of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Services used and service providers:

  • Airtable.com: Planning and organization platform; service provider: Airtable, 799 Market St, San Francisco, CA 94103, USA; website: https://airtable.com; privacy policy: https://airtable.com/privacy.

Partner Program

We offer a partner program, i.e. commissions or other benefits (collectively referred to as “commission”) for users (referred to as “Partners”) who have referred others to our offers and the use of our subscription services. The reference is made by means of a link assigned to the respective Partner or other methods that allow us to recognize that the use of our subscription services was based on the reference (collectively referred to as “Partner Links”).

In order to be able to track whether users have used our services based on the Partner Links used by Partners, it is necessary for us to learn that users have followed a Partner Link. The assignment of the Partner Links to the respective business transactions or other use of our services is solely for the purpose of commission settlement and will be cancelled as soon as it is no longer necessary for the purpose.

We may also share information with trusted Partners so that they can contact you after you have requested to receive such communications, and for our statistical analysis. Our Partners are prohibited from using your personal information for any purposes other than those stated. Our partners are under the obligation to keep your data confidential.

We maintain partnerships with trusted external Partners to provide you with content that we believe may be of interest to you. When you interact with these Partners, you will be informed with whom your information is shared and the Partner will provide you with access to their own Privacy Policy. In this way, you can find out how to unsubscribe from the Partner’s communications. We require our Partners to comply with our Privacy and Security Policies. You can find more information about our Partner Program on our website www.record-evolution.de. If you do not want us to share your personal information with our Partners, please write to us at contact@record-evolution.com.

  • Processed data types: contract data (e.g. subject matter of the contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times).
  • Persons concerned: Users (e.g. website visitors, users of online services), business and contractual partners.
  • Purposes of processing: contractual services and service, partner tracking.
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), fulfilment of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b. DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as the consent given by the data subject for processing is revoked or other permissions cease to apply (e.g. if the purpose for processing this data ceases to apply or if it is not necessary for the purpose).

Unless the data are deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or whose retention is necessary for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person.

Further information on the deletion of personal data can also be provided in the individual data protection notes of this data protection declaration.

Amendment and update of the privacy policy

We ask you to regularly review the content of our privacy policy. We will adapt the privacy policy as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. consent) or to receive other individual notification.

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

Rights of data subjects

As data subjects, you are entitled to various rights under the DSGVO, which result in particular from Articles 15 to 18 and 21 DSGVO:

  • Right to objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 paragraph 1 letter e or f FADP; this also applies to profiling based on these provisions. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
  • Right to withdraw consent: You have the right to withdraw any consent given at any time.
  • Right of access: You have the right to request confirmation as to whether the data in question is being processed and to obtain information about this data and to obtain further information and a copy of the resulting records in accordance with legal requirements.
  • Right to rectification: You have the right to request the correction of inaccurate data concerning you or the addition of information concerning you in accordance with the law.
  • Right to erasure and restriction of processing: You have the right to request that data concerning you be erased immediately or, alternatively, to request a restriction of processing of the data in accordance with the law.
  • Right to data transferability: You have the right to receive data concerning you which you have provided to us in a structured, common and electronically readable format in accordance with legal requirements or to request that it be transferred to another responsible party.
  • Complaints to the supervisory authority: You also have the right, in accordance with the statutory provisions, to file a complaint with a supervisory authority, in particular in the Member State of your usual place of residence, your place of work or the place of the suspected infringement, if you believe that the processing of personal data relating to you is in breach of the DPA.

Definitions of terms

This section provides an overview of the terms used in this privacy policy. Many of the terms are taken from the law and defined above all in Art. 4 DSGVO. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to help you understand them. The terms are sorted alphabetically.

  • Conversion tracking: Conversion tracking is a procedure that can be used to determine the effectiveness of marketing measures. For this purpose, a cookie is usually stored on the user’s devices within the websites on which the marketing measures are carried out and then retrieved again on the target website. For example, we can use this to track whether the ads we have placed on other websites have been successful).
  • Cross-Device Tracking: Cross-Device Tracking is a form of tracking in which behavioral and interest information of users is recorded across devices in so-called profiles by assigning users an online identifier. This allows the user information to be analyzed for marketing purposes, independent of the browsers or devices used (e.g. mobile phones or desktop computers). With most providers, online identification is not linked to clear data, such as names, postal or e-mail addresses.
  • IP masking: IP masking is a method in which the last octet, i.e. the last two digits of an IP address, is deleted so that the IP address can no longer be used to uniquely identify a person. IP masking is, therefore, a means of pseudonymizing processing procedures, especially in online marketing
  • Interest-based and behavioral marketing: Interest-based and/or behavioral marketing is when the potential interests of users in advertisements and other content are predetermined as precisely as possible. This is done on the basis of information about their previous behavior (e.g. visiting and staying on certain websites, buying behavior or interaction with other users), which is stored in a so-called profile. As a rule, cookies are used for these purposes.
  • Conversion measurement: Conversion measurement is a method by which the effectiveness of marketing measures can be determined. For this purpose, a cookie is usually stored on the users’ devices within the websites on which the marketing measures are carried out and then retrieved again on the target website. For example, we can use this to track whether the ads we have placed on other websites have been successful.
  • Personal Data: “Personal Data” shall mean 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 (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Profiling: “Profiling” means any automated processing of personal data consisting of the use of personal data to analyse, evaluate or predict certain personal aspects relating to an individual (depending on the type of profiling, this may include information concerning age, gender, location and movement data, interaction with websites and their content, shopping behavior, social interactions with other people). Cookies and web beacons are often used for profiling purposes.
  • Reach measurement: Reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offering and can include the behavior or interests of visitors in certain information, such as the content of websites. With the help of reach analysis, website owners can, for example, identify at what time visitors visit their website and what content they are interested in. This enables them to better adapt the contents of the website to the needs of their visitors. Pseudonymous cookies and web beacons are often used for reach analysis purposes in order to recognize returning visitors and thus obtain more precise analyses of the use of an online offering.
  • Remarketing: One speaks of “remarketing” or “retargeting”, e.g. when it is noted for advertising purposes which products a user has been interested in on a website in order to remind the user of these products on other websites, e.g. in advertisements.
  • Tracking: One speaks of “tracking” if the behavior of users can be traced across several online offers. As a rule, behavioral and interest information regarding the online offerings used is stored in cookies or on servers of the providers of the tracking technologies (so-called profiling). This information can then be used, for example, to display advertisements to users that are likely to correspond to their interests.
  • Controller: The term “Controller” refers to the natural or legal person, authority, institution or other body which alone or jointly with others determines the purposes and means of processing personal data.
  • Processing: “Processing” shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data, whether it be collection, analysis, storage, communication or deletion.
  • Target group formation: Target group formation (or “custom audiences”) is used when target groups are defined for advertising purposes, e.g. the insertion of advertisements. For example, based on a user’s interest in certain products or topics on the Internet, it can be concluded that this user is interested in advertisements for similar products or the online shop where he/she viewed the products. Lookalike Audiences” (or similar target groups) is, in turn, when the content deemed suitable is displayed to users whose profiles or interests presumably correspond to the users for whom the profiles were created. Cookies and web beacons are generally used to create custom audiences and lookalike audiences.

Contact us

If you have any questions regarding this Privacy Policy, contact us at contact@record-evolution.de.

Note: For your convenience, we have provided an English translation of our Terms & Conditions and our Privacy Policy. This translation is for informational purposes only, and the definitive version of this page is the German version.