Data protection

Privacy policy of eClear AG

With the following data protection declaration, we would like to inform you about the types of your personal data (hereinafter also referred to as “data”) that we process, for what purposes, on what legal basis and to what extent. Personal data is data with which you can be personally identified. The data protection declaration applies to all processing of personal data carried out by us, both in the context of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offer”).

The terms used are not gender-specific.

Status: 12. January 2022

  1. The body responsible for data processing

    eClear AG
    Französische Straße 56–60
    10117 Berlin
    Germany
    Tel.: +49 30 23590710

    E-Mail: info@eclear.com

    The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

  2. Data Protection Officer

    We have appointed a data protection officer for our company.

    eClear AG
    Roland Volk
    Bahnhofplatz 12a
    78462 Konstanz

    E-Mail: privacy@eclear.com

  3. Overview of the processing

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

    • Types of data processed

      • Inventory data (e.g., names, addresses)
      • Content data (e.g., text input, photographs, videos).
      • Contact details (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).
      • Identification numbers (e.g. customer numbers, order numbers).
      • Data on payment transactions when using our chargeable services.
    • Categories of data subjects

      • Communication partner.
      • Users (e.g. website visitors, users of online services).
      • Interested parties and customers.
    • Purposes of the processing

      • Provision of our online offer and user-friendliness.
      • Contact requests and communication.
      • Remarketing.
      • Tracking (e.g. interest/behavioural profiling, use of cookies).
      • Contractual benefits and service.
  4. Relevant legal bases

    In the following, we inform you about the legal basis of the data processing of personal data according to the Data Protection Regulation (GDPR):

    • Consent (Art. 6 para. 1 lit. a. GDPR) – The data subject has given his/her consent to the processing of personal data relating to him/her for a specific purpose or purposes.
    • Contract performance and pre-contractual enquiries (Art. 6 1 lit. b GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the data subject’s request.
    • Legal obligation (Art. 6 para. 1 lit. c. GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
    • Legitimate interests (Art. 6 Abs. 1 lit. f. GDPR) – Processing is necessary to protect the legitimate interests of the controller or a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
  5. Security measures

    We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with the legal requirements, considering 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.

    The measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data as well as the access, entry, disclosure, assurance of availability and segregation of the data. We also have procedures in place to ensure the exercise of data subjects’ rights, the deletion of data and responses to data compromise. Furthermore, we already take the protection of personal data into account in the development and selection of hardware, software, and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

  6. Transfer and disclosure of personal data

    During our processing of personal data, the data may be transferred to or disclosed to other bodies, companies, legally independent organizational units or persons. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude corresponding contracts and agreements in accordance with Article 28 of the GDPR, which serve to protect your data, with the recipients of your data.

  7. Data processing in third countries

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

    Subject to express consent or contractually or legally required transfer, we only process or have the data processed in third countries with a recognized level of data protection or based on special guarantees, such as contractual obligation through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR. Further information on this can be found on the EU Commission’s information page at: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

  8. Use of cookies

    Cookies are text files that contain data from visited websites or domains 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 within an online offering. Stored information may include, for example, language settings on a website, login status, a shopping cart or where a video was watched. The term cookies also includes other technologies that perform the same functions as cookies (e.g. where user details are stored using pseudonymous online identifiers, also known as ‘user IDs’).

    The following cookie types and functions are distinguished:

    • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his 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. Likewise, the interests of users, which are used for range measurement or marketing purposes, can be stored in such a cookie.
    • First-party cookies: First-party cookies are set by ourselves.
    • Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information. Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
    • Necessary (also: essential or absolutely necessary) cookies: Cookies may be absolutely necessary for the operation of a website (e.g. to save log-ins or other user entries or for security reasons).
    • Statistics, marketing, and personalization cookies: Furthermore, cookies are generally also used in the context of range measurement and when a user’s interests or behaviour (e.g. viewing certain content, using functions, etc.) on individual websites are stored in a user profile. Such profiles are used, for example, to show users content that matches their potential interests. This process is also referred to as “tracking”, i.e., tracking the potential interests of users. Insofar as we use cookies or “tracking” technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

    Notes on legal bases: The legal basis on which we process your personal data using cookies depends on whether we ask you for consent (Art. 6 para. 1 lit. a. GDPR). If this is the case, and you consent to the use of cookies, the legal basis for processing your data is your declared consent. Otherwise, the data processed with the help of cookies is processed based on our legitimate interests (e.g. in a technically error-free and optimized operation of our online offer and its improvement) (Art. 6 para. 1 lit. f. GDPR) or, if the use of cookies is necessary to fulfil our contractual obligations (Art. 6 para. 1 lit. b. GDPR).

    General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke any consent you have given or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”). You can initially declare your objection using your browser settings, e.g. by deactivating the use of cookies (whereby this may also restrict the functionality of our online offer).

  9. Click here to change your cookie settings and to opt-out.

  10. Contact

    When contacting us (e.g. via contact form, email, telephone or via social media), the information of the inquiring persons is processed insofar as this is necessary to answer the contact enquiries and any requested measures.

    The response to contact requests in the context of contractual or pre-contractual relationships is made to fulfil our contractual obligations or to respond to (pre)contractual requests and otherwise because of the legitimate interests in responding to the requests.

    • Types of data processed: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos).
    • Affected persons: Communication partner.
    • Purposes of processing: contact requests and communication.
    • Legal basis: Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 lit. b. GDPR), Legitimate Interests (Art. 6 para. 1 lit. f. GDPR).
  11. Provision of the online offer and web hosting

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

    The data processed as part of the provision of the hosting offer may include all information relating to the users of our online offer that is generated as part of the use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer 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). The server log files may include the address and name of the web pages and files accessed, the date and time of the access, the amount of data 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 on the one hand for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to ensure the utilization of the servers and their stability.

    • Types of data processed: Content data (e.g. text input, photographs, videos), usage data (e.g. web pages visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
    • Data subjects: Users (e.g. website visitors, users of online services).
    • Legal basis: Legitimate interests (Art. 6 para. 1 lit. f. GDPR).
  12. E-mail marketing and newsletters

    We may use your e-mail address and name received during the online purchase or during the performance of the contract to inform you by e-mail about our own similar goods and services. The legal basis for processing your e-mail address and name in this case is based on our legitimate interest in advertising our products and services (Art. 6 para. 1 lit. f GDPR in conjunction with § 7 para. 3 UWG). You can object to the use of your data at any time in the future. This will not incur any costs apart from the transmission costs according to the base rates. The objection can be sent by e-mail to privacy@eclear.com.

    On our website, you have the possibility to subscribe to our newsletter. Our newsletter informs you about company information, offers, products, events, relevant technical articles and other company-related information.

    If you would like to subscribe to our newsletter, you must provide us with your e-mail address where you would like to receive the newsletter. In addition, we ask you to provide us with your name and your professional sector so that we can address you personally and offer information in the newsletter aimed at your target group. The newsletter is sent, and your data is processed with your express consent. After entering your e-mail address, you will receive a confirmation e-mail at the specified e-mail address. The newsletter will only be sent after an explicit confirmation by clicking on a link in the confirmation e-mail (so-called double opt-in). The legal basis for this processing is your consent pursuant to Art. 6 Para. 1 lit. a GDPR.

    Furthermore, we use your e-mail address and your name to send you a white paper if you register. In this case, you will receive the white paper and, in return, by entering your personal data and clicking on “Download white paper”, you agree to us using the personal data we receive from you in the process (e-mail address, name) to send you information by e-mail on products, offers and promotions, specialist articles, event and webinar information, tips and company information from the areas of IT services/e-commerce/billing/accounting. In this case, we process your data to provide you with the white paper as requested and to send you promotional information for this purpose to the e-mail address you have provided. The legal basis is your consent in accordance with Art. 6 Para. 1 lit. a GDPR. We also use the so-called double opt-in procedure. You can revoke the consent of your e-mail address for this purpose at any time in the future by clicking on the unsubscribe link in every e-mail.

    a.     Types of data processed: inventory data (name, industry), contact data (e-mail address)

    b.    Data subjects: Customers/interested parties/newsletter subscribers

    c.    Legal basis: Consent (Art. 6 para. 1 lit. a. GDPR), legitimate interest as described (Art. 6 para. 1 lit. f. GDPR).

    You are entitled to revoke your consent for the future at any time and to unsubscribe from the newsletter or other promotional emails. To complete this, please click on the corresponding unsubscribe link in the newsletter sent or in the e-mail.

  13. VAT Optimiser

    On our website, we offer you our VAT Optimiser, a tool for determining your VAT optimisation potential. The VAT optimisation potential calculates the difference between the flat-rate application of standard VAT rates and the application of the VAT rates actually required depending on the product class, considering applicable exemptions and reduced tax rates.

    By entering the (sales) figures and specifying the product classes and clicking on “Submit”, we do not process any personal data. This is anonymised data that is only processed for statistical purposes.

    After clicking on “Submit” and displaying the maximum values, you have the option of requesting a detailed view of the results by e-mail.

    By entering your data (first and last name, e-mail address) and clicking on “Request detailed overview”, you agree that your personal data (first and last name, e-mail address, specified (turnover) figures and product classes) will be processed by us to provide you with a detailed overview of the result and to send you the detailed overview of the VAT Optimiser by e-mail for this purpose, which also contains information on how to contact our advisory team, dates of events on the subject and the possibility to subscribe to our newsletter. The sending of the detailed overview and processing of your data takes place with your express consent by clicking on “Request detailed overview”.

    After entering your e-mail address, you will receive a confirmation e-mail at the e-mail address you entered. The detailed overview will only be sent after explicit confirmation by clicking on a link in the confirmation e-mail (so-called double opt-in). After the double opt-in has been carried out, you will only receive a one-time e-mail with the detailed overview, which contains further information (information on how to contact our advisory team, dates of events on the topic and the possibility to subscribe to our newsletter).
    The legal basis for this processing of your personal data is your consent pursuant to Art. 6 para. 1 lit. a GDPR. You are entitled to revoke your consent for the future at any time.

    • Types of data processed: inventory data (name), contact data (e-mail address), sales figures/product classes/countries specified, if applicable.
    • Data subjects:  Interested parties of the VAT Optimiser
    • Legal basis: Consent (Art. 6 para. 1 lit. a. GDPR).
  14. Online marketing

    We process personal data for online marketing purposes, which may include, in particular, marketing advertising space or displaying promotional and other content (collectively, “content”) based on users’ potential interests and measuring its effectiveness.

    For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar procedures are used, by which information about the user relevant to the presentation of the aforementioned content is stored. This information may include, for example, content viewed, websites 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 the users are also stored. However, we use available IP masking procedures (i.e., pseudonymisation by shortening the IP address) to protect users. In general, no clear user data (such as e-mail addresses or names) is stored within the scope of the online marketing process, 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.

    The information in the profiles is usually stored in the cookies or by similar procedures. These cookies can later generally also be read on other websites that use the same online marketing procedure and analysed for displaying content, as well as supplemented with further data and stored on the server of the online marketing procedure provider.

    Exceptionally, clear data may be associated with the profiles. This is the case if, for example, the users are members of a social network whose online marketing procedures we use and the network links the users’ profiles with the aforementioned data. We ask you to note that users can make additional agreements with the providers, e.g. by giving their consent as part of the registration process.

    In principle, we only receive access to summarised information about the success of our advertisements. However, in the context of so-called conversion measurements, we can check which of our online marketing methods have led to a so-called conversion, i.e., for example, to a conclusion of a contract with us. The conversion measurement is used solely to analyse the success of our marketing measures.

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

    Notes on legal bases: Where we ask users for their consent to use third-party providers, the legal basis for processing data is consent. Otherwise, users’ data is processed based on our legitimate interests (i.e., interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you 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).
    Data subjects: Users (e.g. website visitors, users of online services), interested parties.
    Purposes of processing: tracking (e.g. interest/behavioural profiling, use of cookies), remarketing, visit action evaluation, interest-based and behavioural marketing, profiling (creation of user profiles), conversion measurement (measurement of the effectiveness of marketing measures), reach measurement (e.g. access statistics, recognition of returning visitors).
    Security measures: IP masking (pseudonymisation of the IP address).
    Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a GDPR), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
    Opt-out option: We refer to the data protection information of the respective providers and the opt-out options given for the providers. If no explicit opt-out option has been specified, you have the option of switching off cookies in your browser settings. However, this may restrict the functions of our online offer. We therefore recommend the following additional opt-out options, which are offered in summary for the respective areas:a) Europa: https://www.youronlinechoices.eu
    b) Canada: https://www.youradchoices.ca/choices
    c) USA: https://www.aboutads.info/choices
    d) Cross-territorial: https://optout.aboutads.info

    Services used and service providers:

    Google Tag Manager: Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate other services into our online offer. The Tag Manager itself (which implements the tags) does not process any personal data of the users. Regarding the processing of users’ personal data, please 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

    Google Analytics: Online marketing and web analysis; 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; Settings for the display of advertisements: https://adssettings.google.com/authenticated.

    Google Ads and conversion measurement: We use the online marketing method “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 of the ads. However, we only learn the anonymous total number of users who clicked on our ad and were redirected to a page marked with a so-called “conversion tracking tag”. However, we ourselves 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

    Google Ad Manager: We use the “Google Marketing Platform” (and services such as “Google Ad Manager”) to place ads in the Google advertising network (e.g. in search results, in videos, on web pages, etc.). The Google Marketing Platform is characterised by the fact that ads are displayed in real time based on the presumed interests of the users. This allows us to display ads for and within our online offering in a more targeted manner, to present users only with ads that potentially match their interests. For example, if a user is shown ads for products they have been interested in on other online services, this is known as “remarketing”. 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

    Google AdSense with personalised ads: We use the Google AdSense service with personalised advertisements, with the help of which advertisements are displayed within our online offering, and we receive remuneration for their display or other use. ; 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

    LinkedIn Insights Tag: We use the “LinkedIn Insight Tag” from LinkedIn Ireland Unlimited Company. This tool creates a cookie in your web browser that allows, among other things, the following data to be collected: IP address, device and browser properties, and page events (e.g. page views). This data is encrypted, removed within seven days to pseudonymise it, and the pseudonymised data is deleted within 180 days. LinkedIn does not share any personal data with eClear, but does provide anonymised reports on website reach and ad performance. Furthermore, LinkedIn offers the possibility of retargeting via the LinkedIn Insight Tag. We may use this data to display targeted advertising outside our website without identifying you as a visitor to the website. For more information on LinkedIn’s data protection, please see LinkedIn’s privacy policy. LinkedIn members can control the use of their personal data for advertising purposes in their account settings. To deactivate the Insight tag on our website (“opt-out”), click here.

  15. Presence in social networks

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

    We would like to point out that user data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users’ rights. Regarding US providers who offer comparable guarantees of a secure level of data protection, we point out that they thereby undertake to comply with the data protection standards of the EU.

    Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on the usage behaviour and 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 usage behaviour and the interests of the users are stored. Furthermore, data independent of the devices used by the users may also be stored in the usage profiles (especially if the users are members of the respective platforms and are logged in to them).

    For a detailed presentation of the respective forms of processing and the options to object (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.

    In the case of requests for information and the assertion of data subject rights, we would also like to point out that these can be asserted most effectively with the providers. Only the providers have access to the users’ data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

    • Types of data 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).
    • Data subjects: Users (e.g. website visitors, users of online services).
    • Purposes of processing: contact requests and communication, tracking (e.g. interest/behavioural profiling, use of cookies), remarketing.
    • Legal basis: Legitimate interests (Art. 6 para. 1 lit. f. GDPR).

    Services used and service providers:

  16. Plug-ins and embedded functions and content

    We integrate functional and content elements into our online offer that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These can be, for example, graphics, videos, or social media buttons and posts (hereinafter uniformly referred to as “content”).

    The integration always requires that the third-party providers of this content process the IP address of the user, as without the IP address, they would not be able to send the content to their browser. The IP address is thus required for the display of this content or function. We endeavour to only use content whose respective providers only use the IP address 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. The “pixel tags” can be used to analyse 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, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.

    Notes on legal bases: Where we ask users for their consent to use third-party providers, the legal basis for processing data is consent. Otherwise, users’ data is processed based on our legitimate interests (i.e., interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you 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).
    • Data subjects: Users (e.g. website visitors, users of online services).
    • Purposes of processing: Provision of our online offer and user-friendliness, contractual performance and service.
    • Legal basis: Legitimate interests (Art. 6 para. 1 lit. f. GDPR).

    Services used and service providers:

    • Google Web Fonts: We integrate the fonts (“Google Web Fonts”) of the provider Google, whereby the user’s data is used solely for displaying the fonts in the user’s browser. The integration is based on our legitimate interests in a technically secure, maintenance-free and efficient use of fonts, their uniform display and considering 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;
    • reCAPTCHA: To ensure sufficient data security when submitting forms, we use the reCAPTCHA service of Google Inc. in certain cases. This primarily serves to distinguish whether the input is made by a natural person or improperly by machine and automated processing. The service includes the sending of the IP address and any other data required by Google for the reCAPTCHA service to Google. The deviating data protection provisions of Google Inc. apply here. 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.google.com/recaptcha/; Privacy policy: https://policies.google.com/privacy; Opt-out: Opt-out plugin: https://tools.google.com/dlpage/gaoptout?hl=de,Einstellungen for the display of advertisements: https://adssettings.google.com/authenticated
  17. Planning, organisation and auxiliary tools

    We use services, platforms, and software from other providers (hereinafter referred to as “third-party providers”) for the purposes of organising, managing, planning and providing our services. When selecting the 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 the third-party providers. This may involve various data that we process in accordance with this privacy policy. This data may include, in particular, master data and contact data of users, data on transactions, contracts, other processes and their contents.

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

    Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is consent. Furthermore, their use may be a component of our (pre-)contractual services, provided that the use of the third-party providers was agreed within this framework. Otherwise, user data is processed based on our legitimate interests (i.e., interest in efficient, economical and recipient-friendly services). In this context, we would also like to refer you to the information on the use of cookies in this privacy policy.

    • Types of data 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), identification numbers (e.g. customer numbers, order numbers), data on payment transactions when using our chargeable services.
    • Data subjects: Communication partners, users (e.g. website visitors, users of online services), customers.
    • Legal basis: Consent (Art. 6 para. 1 lit. a GDPR), Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 lit. f. GDPR).
  18. Data deletion

    The data processed by us will be deleted in accordance with the legal requirements as soon as their consents permitted for processing are revoked, or other permissions cease to apply (e.g. if the purpose of processing this data has ceased to apply, or it is not required for the purpose).

    If the data are not deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. I.e., 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 storage is necessary for the assertion, exercise, or defence of legal claims or for the protection of the rights of another natural or legal person.

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

  19. Amendment and update of the privacy policy

    We ask you to regularly inform yourself about the content of our data protection declaration. We adapt the data protection declaration as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

  20. Rights of the data subjects

    As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 18 and 21 as well as 77 GDPR:

      • a. Right to object: You are entitled to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data concerning you are processed for direct marketing, you are entitled to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling insofar as it is related to such direct marketing.
      • b. Right to revoke consent: You are entitled to revoke your consent at any time. If you wish to revoke your consent, you can do so by sending an e-mail to privacy@eclear.com. If you wish to revoke your consent to receive the newsletter or other promotional e-mails, you can click on the unsubscribe link provided here in the newsletter or e-mail sent to you.
      • c. Right of access: You are entitled to request confirmation whether data in question is being processed and to be informed about this data and to receive further information and a copy of the data in accordance with the legal requirements.
      • d. Right to rectification: In accordance with the law, you are entitled to request that data concerning you be completed or that inaccurate data concerning you be rectified.
      • e. Right to erasure and restriction of processing: You have the right, in accordance with the law, to request that data relating to you be erased immediately or, alternatively, to request restriction of the processing of the data in accordance with the law.
      • f. Right to data portability: You are entitled to receive data relating to you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transferred to another controller.
      • g. Complaint to the supervisory authority: You also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, in accordance with the law, if you consider that the processing of personal data relating to you infringes the GDPR.
    • Definitions of terms

      This section provides you with 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 of the GDPR. 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.

              • Personal data: “Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
              • Remarketing: “Remarketing” or “retargeting” is when, for example, for advertising purposes, it is noted which products a user was interested in on a website to remind the user of these products on other websites, e.g. in advertisements.
              • Tracking: We speak of “tracking” when the behaviour of users can be traced across several online services. As a rule, behavioural and interest information regarding the online offers 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 natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
              • Processing: “Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and encompasses virtually any handling of data, be it collection, analysis, storage, transmission, or erasure.