Privacy policy
[DRAFT]
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 and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both as part 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: 27 April 2023
Table of contents
- Responsible
- Overview of the processing
- Relevant legal bases
- Security measures
- Transmission of personal data
- Data deletion
- Use of cookies
- Provision of the online offer and web hosting
- Blogs and publication media
- Contact and enquiry management
- Chatbots and chat functions
- Newsletter and electronic notifications
- Promotional communication via e-mail, post, fax or telephone
- Web analysis, monitoring and optimisation
- Amendment and update of the privacy policy
- Rights of the data subjects
Responsible
THE CHOCOLATE ON THE PILLOW GROUP GMBH
PETER-HUPPERTZ-STR. 5
51063 KÖLN
Authorised representatives:
CEO, Managing Partner: Erik Florvaag
E-mail address:
hello@cotp.group
Telephone:
0221 / 955868-0
Legal information:
Overview of the processing
The following overview summarises the types of data processed and the purposes of their processing and refers to the data subjects.
Types of data processed
- Inventory data.
- Contact details.
- Content data.
- Usage data.
- Meta, communication and procedural data.
Categories of persons concerned
- Communication partner.
- Users.
Purposes of the processing
- Provision of contractual services and customer service.
- Contact requests and communication.
- Security measures.
- Direct marketing.
- Reach measurement.
- Managing and responding to requests.
- Feedback.
- Profiles with user-related information.
- Provision of our online offer and user friendliness.
- Information technology infrastructure.
Relevant legal bases
Below you will find an overview of the legal basis of the GDPR on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. Should more specific legal bases be relevant in individual cases, we will inform you of these in the data protection declaration.
- Consent (Art. 6 para. 1 p. 1 lit. a) DSGVO) – The data subject has given consent to the processing of personal data concerning him or her for a specific purpose or purposes.
- Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 p. 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 data subject’s request.
- Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO) – Processing is necessary for the purposes of the legitimate interests of the controller or of a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data.
In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. These include, in particular, the Act 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 erasure, the right to object, the processing of special categories of personal data, the processing for other purposes and the transmission and automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships as well as the consent of employees. Furthermore, data protection laws of the individual federal states may apply.
Security measures
We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk 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.
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 access to, input of, disclosure of, assurance of availability of 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 or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.
TLS encryption (https): In order to protect your data transmitted via our online offer, we use TLS encryption. You can recognise such encrypted connections by the prefix https:// in the address bar of your browser.
Transmission of personal data
In the course of our processing of personal data, the data may be transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements that serve to protect your data with the recipients of your data.
Data transfer within the organisation: We may transfer personal data to other bodies within our organisation or grant them access to this data. Where this transfer is for administrative purposes, the transfer of data is based on our legitimate business and commercial interests or is made where it is necessary to fulfil our contractual obligations or where we have the consent of the data subjects or legal permission.
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.
Our data protection notices may also contain further details on the retention and deletion of data which have priority for the respective processing operations.
Use of cookies
Cookies are small text files or other memory notes that store information on end devices and read information from the end devices. For example, to save the login status in a user account, the contents of a shopping basket in an e-shop, the contents called up or the functions used in an online offer. Cookies can also be used for various purposes, e.g. for the purpose of functionality, security and comfort of online offers as well as the creation of analyses of visitor flows.
Notes on consent: We use cookies in accordance with the law. We therefore obtain prior consent from users, except where this is not required by law. In particular, consent is not required if the storage and reading of information, i.e. including cookies, are absolutely necessary in order to provide a telemedia service (i.e. our online offer) expressly requested by the users. Cookies that are strictly necessary usually include cookies with functions that serve the display and operability of the online offer , load balancing, security, storage of users’ preferences and choices or similar purposes related to the provision of the main and secondary functions of the online offer requested by users. The revocable consent will be clearly communicated to the users and will contain the information on the respective cookie use.
Notes on the legal basis for data protection: The legal basis under data protection law on which we process users’ personal data with the help of cookies depends on whether we ask users for consent. If users consent, the legal basis for processing their data is their declared consent. Otherwise, the data processed using cookies is processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and improvement of its usability) or, if this is done in the context of the performance of our contractual obligations, if the use of cookies is necessary to fulfil our contractual obligations. We explain the purposes for which we process cookies in the course of this data protection declaration or as part of our consent and processing procedures.
Storage period: With regard to the storage period, the following types of cookies are distinguished:
- Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed their end device (e.g. browser or mobile app).
- Permanent cookies: Permanent cookies remain stored even after the terminal device 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, user data collected with the help of cookies can be used to measure reach. Unless we provide users with explicit information on the type and storage duration of cookies (e.g. when obtaining consent), users should assume that cookies are permanent and that they can be stored for up to two years.
General information on revocation and objection (opt-out): Users can revoke the consents they have given at any time and also file an objection to processing in accordance with the legal requirements in Art. 21 DSGVO. Users can also declare their objection via their browser settings, e.g. by deactivating the use of cookies (although this may also limit the functionality of our online services). An objection to the use of cookies for online marketing purposes can also be made via the websites https://optout.aboutads.info und https://www.youronlinechoices.com/ be declared.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Consent (Art. 6 para. 1 p. 1 lit. a) DSGVO).
Further guidance on processing operations, procedures and services:
- Processing of cookie data on the basis of consent: We use a cookie consent management procedure in which the consent of users to the use of cookies, or the processing and providers named in the cookie consent management procedure, can be obtained and managed and revoked by the users. The declaration of consent is stored in order not to have to repeat the request and to be able to prove the consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie or with the help of comparable technologies) in order to be able to assign the consent to a user or their device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of consent can be up to two years. A pseudonymous user identifier is created and stored with the time of consent, information on the scope of consent (e.g. which categories of cookies and/or service providers) and the browser, system and end device used;Legal basis: Consent (Art. 6 para. 1 p. 1 lit. a) DSGVO).
Provision of the online offer and web hosting
We process users’ data in order to provide them with our online services. For this purpose, we process the user’s IP address, which is necessary to transmit the content and functions of our online services to the user’s browser or terminal device.
- Types of data processed: Usage data (e.g. websites visited, interest in content, access times); meta, communication and procedural data (e.g. IP addresses, time data, identification numbers, consent status); content data (e.g. entries in online forms).
- Persons concerned: Users (e.g. website visitors, users of online services).
- Purposes of the processing: Provision of our online offer and user-friendliness; information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.).); security measures.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
Further guidance on processing operations, procedures and services:
- Provision of online offer on rented storage space: For the provision of our online offer, we use storage space, computing capacity and software that we rent or otherwise obtain from a corresponding server provider (also called “web hoster”); Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
- Collection of access data and log files: Access to our online offer is logged in the form of 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 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 for security purposes, e.g. to prevent server overload (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the utilisation of the servers and their stability; Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymised. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
- Email sending and hosting: The web hosting services we use also include the sending, receiving and storing of e-mails. For these purposes, the addresses of the recipients and senders as well as further information regarding the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for the purpose of recognising SPAM. Please note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption procedure is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path of the e-mails between the sender and the reception on our server; Legal basis: Legitimate interests (Art. 6 para. 1 p. 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 communication between authors and readers or for security reasons. For the rest, we refer to the information on the processing of visitors to our publication medium within the scope of this data protection notice.
- Types of data processed: Inventory data (e.g. names, addresses); contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta, communication and process data (e.g. IP addresses, time data, identification numbers, consent status).
- Persons concerned: Users (e.g. website visitors, users of online services).
- Purposes of the processing: Provision of contractual services and customer service; feedback (e.g. collecting feedback via online form); provision of our online offer and user-friendliness.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
Contact and enquiry management
When contacting us (e.g. by post, contact form, email, telephone or via social media) as well as in the context of existing user and business relationships, the information of the enquiring persons is processed to the extent necessary to answer the contact enquiries and any measures requested.
- Types of data processed: Contact data (e.g. e-mail, telephone numbers); content data (e.g. entries in online forms); usage data (e.g. websites visited, interest in content, access times); meta, communication and process data (e.g. IP addresses, time data, identification numbers, consent status).
- Persons concerned: Communication partner.
- Purposes of the processing: Contact requests and communication; managing and responding to requests; feedback (e.g. collecting feedback via online form); providing our online service and user experience.
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); contract performance and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO).
Further guidance on processing operations, procedures and services:
- Contact form: If users contact us via our contact form, e-mail or other communication channels, we process the data communicated to us in this context to process the communicated request; Legal basis: Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f) DSGVO).
- HubSpot: Customer management as well as process and sales support with personalised customer care with multi-channel communication, i.e. management of customer enquiries from different channels as well as with analysis and feedback functions; Service provider: HubSpot, Inc., 25 First St., 2nd floor, Cambridge, Massachusetts 02141, USA; Legal basis: Contract fulfilment and pre-contractual enquiries (Art. 6 para. 1 p. 1 lit. b) DSGVO), Legitimate Interests (Art. 6 para. 1 p. 1 lit. f) DSGVO); Website: https://www.hubspot.de; Privacy policy: https://legal.hubspot.com/de/privacy-policy; Order processing contract: https://legal.hubspot.com/dpa; Standard contractual clauses (guaranteeing the level of data protection in the case of processing in third countries): https://legal.hubspot.com/dpa.
Created with free Datenschutz-Generator.de by Dr. Thomas Schwenke
[1]Data transfer to the USA
There is no adequate level of data protection for the transfer of personal data to the USA on the basis of a decision by the European Commission. Due to the powers of the US intelligence services and the legal situation in the US, the requirements of the GDPR cannot be met:
- Section 702 of the Foreign Intelligence Surveillance Act (FISA) provides no limits on the surveillance activities of the intelligence agencies and no safeguards for non-US citizens,
- Presidential Policy Directive 28 (PPD-28) does not give affected persons effective remedies against measures taken by the US authorities and does not provide for barriers to ensuring proportionate measures,
- the Ombudsman provided for in the Privacy Shield does not have sufficient independence from the executive; he cannot issue binding orders against the intelligence services.
As a result, there is no effective legal remedy or independent data protection supervisory authority available in the event of access to your personal data by US authorities.
If your personal data is transferred to the US, the loss of data sovereignty cannot be excluded. As a result, the rights and freedoms of data subjects may not be adequately protected.
HubSpot Analytics
Analytics Type and scope of processing
We use HubSpot Analytics from HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA, as an analysis service for the statistical evaluation of our online offer. This includes, for example, the number of times our online offer is called up, sub-pages visited and the length of time visitors spend on the site. HubSpot Analytics uses cookies and other browser technologies to evaluate user behaviour and recognise users.
We have concluded an order processing contract with HubSpot in accordance with Art. 28 DSGVO.
This information is used, among other things, to compile reports on website activity.
Purpose and legal basis
We process data with the help of HubSpot Analytics on the basis of your consent pursuant to Art. 6 para. 1 lit. a DSGVO, § 25 para. 1 TTDSG and Art. 49 para. 1 lit. a DSGVO. You can revoke this at any time with effect for the future in the cookie banner.
Please note the risks associated with the transfer of your data to the USA as set out in section [1].
HubSpot Chat
Nature and scope of the processing
We have integrated components of the customer communication platform HubSpot Chat on our website. HubSpot Chat is a service of HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA and offers us the possibility to communicate with visitors to our website via chat and to provide targeted help with questions. HubSpot Chat uses cookies and other browser technologies to analyse user behaviour and recognise users. Furthermore, HubSpot Chat is used to store and transmit data entered in chats by means of cookies, including your IP address. In this case, your data is passed on to the operator of HubSpot Chat.
We have concluded an order processing contract with HubSpot in accordance with Art. 28 DSGVO.
Purpose and legal basis
HubSpot Chat is used on the basis of your consent pursuant to Art. 6 Para. 1 lit. a DSGVO, § 25 Para. 1 TTDSG and Art. 49 Para. 1 lit. a DSGVO. You can revoke this at any time with effect for the future in the cookie banner.
Please note the risks associated with the transfer of your data to the USA as set out in section [1].
HubSpot CDN
Nature and scope of the processing
We use HubSpot CDN to properly deliver the content on our website. HubSpot CDN is a service of HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA, which acts as a content delivery network (CDN) on our website to ensure the functionality of other HubSpot services. You will find a separate section in this privacy policy for said services. This section only deals with the use of the CDN.
We have concluded an order processing contract with HubSpot in accordance with Art. 28 DSGVO.
A CDN helps to provide content of our online offer, in particular files such as graphics or scripts, more quickly with the help of regionally or internationally distributed servers. When you access this content, you establish a connection to HubSpot servers, whereby your IP address and possibly browser data such as your user agent are transmitted. This data is processed exclusively for the above-mentioned purposes and to maintain the security and functionality of HubSpot CDN.
Purpose and legal basis
HubSpot Chat is used on the basis of your consent pursuant to Art. 6 Para. 1 lit. a DSGVO and Art. 49 Para. 1 lit. a DSGVO. You can revoke this at any time with effect for the future in the cookie banner.
Please note the risks associated with the transfer of your data to the USA as set out in section [1].
HubSpot Pixel
Nature and scope of the processing
We use HubSpot Pixel from HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA, to create so-called Custom Audiences, i.e. to segment visitor groups of our online offer, to determine conversion rates and to subsequently optimise them. This happens in particular when you interact with advertisements that we have placed with HubSpot.
We have concluded an order processing contract with HubSpot in accordance with Art. 28 DSGVO.
Purpose and legal basis
Purpose and legal basisaWe process your data with the help of HubSpot Pixel on the basis of your consent pursuant to Art. 6 para. 1 lit. a. DSGVO and Art. 49 para. 1 lit. a DSGVO. You can revoke this at any time with effect for the future in the cookie banner.
Please note the risks associated with the transfer of your data to the USA as set out in section [1].
HubSpot LeadFlow
Nature and scope of the processing
We have integrated HubSpot LeadFlow on our website. HubSpot LeadFlow is a service of HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA, which identifies anonymous website visitors, provides full contact details and insights into the visit history.
We have concluded a contract for commissioned processing with HubSpot in accordance with Art. 28 DSGVO.
HubSpot LeadFlow uses cookies and other browser technologies to evaluate user behaviour and recognise users.
Among other things, HubSpot LeadFlow shows us which companies have visited our website, determines the history of your visit, including all pages visited and viewed by you and the length of your stay on this website.
HubSpot LeadFlow collects and processes data about companies such as company name, phone number, address, web address, industry, company profile, sales and key people on LinkedIn.
Purpose and legal basis
We process your data with the help of HubSpot LeadFlow on the basis of your consent pursuant to Art. 6 para. 1 lit. a DSGVO, § 25 para. 1 TTDSG and Art. 49 para. 1 lit. a DSGVO. You can revoke this at any time with effect for the future in the cookie banner.
Please note the risks associated with the transfer of your data to the USA as set out in section [1].
Newsletter
Nature and scope of the processing
When sending our electronic newsletter, to which you can subscribe, we process the data you enter. Mandatory fields are marked with an *.
We process your e-mail address in order to contact you for the purpose of sending you our electronic newsletter, to inform you about current events and, if applicable, current developments and to maintain our contractual relationship with you. In addition, we use this data for advertising messages by e-mail and, if we have received your e-mail address in connection with our products and services, for advertising measures about our own similar products and services.
We use the service provider HubSpot, Inc, 25 First Street, 2nd Floor, Cambridge, MA 02141 USA for the newsletter mind. We have concluded an order processing contract with HubSpot in accordance with Art. 28 DSGVO.
The so-called web beacon, which is included in all newsletters, is a pixel-sized file that the HubSpot server automatically retrieves when the newsletter is opened. Technical information, e.g. on the browser and system, your IP address and the time of the retrieval, is created in the process. This information is used for technical service optimisation and is used with the help of technical data or the target groups and your reading behaviour based on their retrieval locations (which can be determined with the help of the IP address) or the access times. The indications of whether and when the newsletters are opened and which links are clicked are also the content of the statistical collection. An allocation to individual newsletter recipients is thus possible. However, a related observation of individual users is neither our intention nor that of the service provider. We merely pursue the purpose of learning more about the reading habits of our users and to adjust our content accordingly or to publish different content according to interest.
Legal basis
The consent of the recipients pursuant to Art. 6 para. 1 sentence 1 lit. a DSGVO, Art. 49 para. 1 sentence 1 lit. a DSGVO, Art. 7 DSGVO in conjunction with § 7 para. 2 no. 3 UWG or on the basis of the legal permission pursuant to § 7 para. 3 UWG is a basic requirement for our newsletter dispatch and its tracking.
You can revoke your consent at any time by clicking on the link provided in every newsletter email or by contacting us.
The registration procedure for our newsletter is called double opt-in. This means that directly after your newsletter registration you will receive an e-mail from us in which we ask you once again to confirm your registration. In this way, we ensure that only persons who actually have access to the listed e-mail address register for the newsletter. The newsletter registrations, including the storage of the registration and confirmation time and with your IP address, are logged by us as proof that the registration process complies with the legal requirements. Changes to your stored data with the newsletter service provider are also recorded in the log.
Please note the risks associated with the transfer of your data to the USA as set out in section [1].