Data Privacy

kyberio GmbH

Data Privacy

This is an English translation of our German privacy policy (Datenschutzerklärung) and is provided for information. In the event of any discrepancy or difference in interpretation between the German and the English version, the German version shall prevail.

We are very pleased that you are interested in our company. Data protection is of particularly high importance to the management of kyberio GmbH. The websites of kyberio GmbH can, as a matter of principle, be used without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection provisions applicable to kyberio GmbH. By means of this privacy policy, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this privacy policy informs data subjects of the rights to which they are entitled.

As the controller, kyberio GmbH has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, internet-based data transmissions can, as a matter of principle, have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The privacy policy of kyberio GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

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

a) 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject means any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

g) Controller or controller responsible for the processing

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

h) Processor

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

i) Recipient

Recipient means a natural or legal person, public authority, agency or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

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

k) Consent

Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

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

kyberio GmbH
Am Mittelfelde 29
30519 Hannover
Germany

Tel.: +49 (0) 511 71260 – 0
E-mail: info@kyberio.com
Website: https://www.kyberio.com

3. Name and address of the data protection officer

The data protection officer of the controller is:

Mr Stefan Siefert
kyberio GmbH
Am Mittelfelde 29
30519 Hannover
Germany

Tel.: +49 (0) 61269 375200
E-mail: dsb@kyberio.com
Website: https://www.kyberio.com

Any data subject may contact our data protection officer directly at any time with any questions or suggestions concerning data protection.

4. Cookies

The websites of kyberio GmbH use cookies. Cookies are text files that are placed and stored on a computer system via an internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string by which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognised and identified via the unique cookie ID.

Through the use of cookies, kyberio GmbH can provide the users of this website with more user-friendly services that would not be possible without setting cookies.

By means of a cookie, the information and offers on our website can be optimised with the user in mind. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. The user of a website that uses cookies does not, for example, have to enter their access data again each time they visit the website, because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.

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

5. Collection of general data and information

The website of kyberio GmbH collects a series of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the server's log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the sub-pages accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, kyberio GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated by kyberio GmbH statistically on the one hand and, further, with the aim of increasing data protection and data security in our company, so as ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

6. Comment function in the blog on the website

kyberio GmbH offers users the possibility to leave individual comments on individual blog posts on a blog located on the controller's website. A blog is a portal maintained on a website, usually publicly viewable, in which one or more persons, called bloggers or web bloggers, can post articles or write down thoughts in so-called blog posts. Blog posts can usually be commented on by third parties.

If a data subject leaves a comment in the blog published on this website, in addition to the comments left by the data subject, information on the time the comment was entered and on the user name (pseudonym) chosen by the data subject is stored and published. Furthermore, the IP address assigned by the data subject's internet service provider (ISP) is also logged. This storage of the IP address takes place for security reasons and in case the data subject infringes the rights of third parties or posts unlawful content through a comment submitted. The storage of these personal data is therefore in the controller's own interest, so that the controller could, if necessary, exculpate itself in the event of an infringement of rights. These collected personal data are not passed on to third parties unless such disclosure is required by law or serves the legal defence of the controller.

7. Subscription to comments in the blog on the website

The comments made in the blog of kyberio GmbH can, as a matter of principle, be subscribed to by third parties. In particular, a commenter has the option of subscribing to the comments following their own comment on a particular blog post.

If a data subject chooses the option to subscribe to comments, the controller sends an automatic confirmation e-mail in order to check, in a double opt-in procedure, whether the owner of the e-mail address provided has actually chosen this option. The option to subscribe to comments can be ended at any time.

8. Routine erasure and blocking of personal data

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

If the purpose of storage ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with the statutory provisions.

9. Rights of the data subject

a) Right to confirmation

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

b) Right of access

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

the purposes of the processing
the categories of personal data concerned
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
the right to lodge a complaint with a supervisory authority
where the personal data are not collected from the data subject: any available information as to their source
the existence of automated decision-making, including profiling, referred to in Art. 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

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

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

c) Right to rectification

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

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

d) Right to erasure (right to be forgotten)

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

The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws the consent on which the processing was based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
The personal data have been unlawfully processed.
The erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

If one of the above grounds applies and a data subject wishes to request the erasure of personal data stored by kyberio GmbH, he or she may contact an employee of the controller at any time. The employee of kyberio GmbH will arrange for the erasure request to be complied with without undue delay.

Where kyberio GmbH has made the personal data public and our company, as the controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, kyberio GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the published personal data that the data subject has requested from these other controllers the erasure of all links to, or copies or replications of, those personal data, insofar as the processing is not necessary. The employee of kyberio GmbH will arrange what is necessary in the individual case.

e) Right to restriction of processing

Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Art. 21(1) GDPR and it has not yet been established whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by kyberio GmbH, he or she may contact an employee of the controller at any time. The employee of kyberio GmbH will arrange for the restriction of processing.

f) Right to data portability

Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To assert the right to data portability, the data subject may contact an employee of kyberio GmbH at any time.

g) Right to object

Every data subject affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to his or her particular situation, to processing of personal data concerning him or her which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, kyberio GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

If kyberio GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of the personal data for the purpose of such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to kyberio GmbH to processing for direct marketing purposes, kyberio GmbH will no longer process the personal data for these purposes.

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

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

h) Automated individual decision-making, including profiling

Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject's explicit consent, kyberio GmbH shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may contact an employee of the controller at any time.

i) Right to withdraw consent under data protection law

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

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

10. Data protection in applications and the application procedure

The controller collects and processes the personal data of applicants for the purpose of handling the application procedure. The processing may also be carried out electronically. This is the case in particular if an applicant submits corresponding application documents to the controller electronically, for example by e-mail or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted are stored for the purpose of handling the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents are automatically deleted two months after notification of the rejection decision, provided that no other legitimate interests of the controller conflict with the deletion. Another legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the Allgemeines Gleichbehandlungsgesetz (AGG, German General Equal Treatment Act).

11. Data protection provisions on the use of website analysis and website optimisation tools

a) Google Analytics

Purpose of processing

Google Analytics is a web analytics service of Google Ireland Ltd ("Google"). Google uses the data collected to track and examine how this website/app is used, to compile reports on its activities and to share them with other Google services. Google may use the data collected to contextualise and personalise the ads of its own advertising network. Company processing the data: Google Ireland Ltd Gordon House, Barrow Street Dublin 4 IE

The legal basis is your consent pursuant to Art. 6(1)(a) GDPR. We process data with the help of Google Analytics for the purpose of optimising our website and for marketing purposes.

You have the right to withdraw the consent you have given at any time without affecting the lawfulness of the processing carried out on the basis of the consent. This is possible in the footer under "Privacy settings".

b) Data protection provisions on the use of Hubspot

Purpose of processing

We use Hubspot not only for sending our newsletter/info mails, but also for our online marketing activities. This is an integrated software solution with which we cover various aspects of our online marketing.

These include, among other things:

Content management (website and blog)
E-mail marketing (newsletter/info mail, as well as automated mailings, e.g. to provide downloads)
Publishing and reporting on social media
Reporting (e.g. traffic sources, visits, etc. ...)
Contact management (e.g. user segmentation & CRM)
Landing pages and contact forms

Our sign-up service enables visitors to our website to learn more about our company, download content and provide their contact information and other demographic information. This information and the content of our website are stored on the servers of our software partner HubSpot. They may be used by us to contact visitors to our website and to determine which of our company's services are of interest to them. All information we collect is subject to this privacy policy. We use all information collected exclusively to optimise our marketing.

HubSpot is a software company based in the USA with offices in Ireland. Contact: HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland, telephone: +353 1 5187500.

The contractual partner for users in the European Economic Area is HubSpot Ireland Limited. Insofar as personal data are transferred to the United States, HubSpot, according to its own statements, bases this transfer on its certification under the EU-U.S. Data Privacy Framework and, additionally, on the standard contractual clauses adopted by the European Commission. A data processing agreement pursuant to Art. 28 GDPR is in place with HubSpot. Details of the safeguards and of the processing by HubSpot can be found in the provider's privacy policy at legal.hubspot.com/privacy-policy.

The legal basis is your consent pursuant to Art. 6(1)(a) GDPR. We process data with the help of Hubspot for the purpose of optimising our website and for marketing purposes.

For information on the right to erasure and access, see "Rights of the data subject".

11a. Appointment booking

On our appointment pages you can book a meeting directly. The calendar used for this is run on our own infrastructure in our data centres in Germany and is embedded via its own address (termin.kyberio.com). There is no transfer to an external booking service.

We process the information you provide when booking (as a rule your name, e-mail address, the requested appointment and your information on the topic) as well as the technical data generated when the page is accessed. The available slots come from the calendars of our employees; for this we use Microsoft 365, with which a data processing agreement is in place. For the booking itself, only the busy times are matched; no calendar content is transferred.

The legal basis is Art. 6(1)(b) GDPR insofar as the booking serves the initiation or performance of a contract, and otherwise Art. 6(1)(f) GDPR on the basis of our legitimate interest in simple appointment scheduling. The data are deleted as soon as they are no longer required for the purpose and no statutory retention obligation precludes this.

On your device, the calendar sets only those cookies that are required to carry out the booking you have requested (Section 25(2) No. 2 TDDDG). No consent is required for this.

12. Legal basis for the processing

Art. 6(1)(a) GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations necessary to carry out pre-contractual measures, for example in the case of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data could become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6(1)(d) GDPR. Finally, processing operations could be based on Art. 6(1)(f) GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).

13. Legitimate interests in the processing pursued by the controller or by a third party

If the processing of personal data is based on Art. 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.

14. Period for which the personal data are stored

The criterion for the period of storage of personal data is the respective statutory retention period. After the period has expired, the corresponding data are routinely deleted, provided they are no longer required for the performance or initiation of a contract.

15. Statutory or contractual provisions on the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide them

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failure to provide the personal data would be.

16. Existence of automated decision-making

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

This privacy policy was created by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as external data protection officer in Stuttgart, in cooperation with the Cologne data protection lawyer Christian Solmecke.

17. Cookies on this website

This website sets only cookies that are required for its operation. No consent is needed for this, and no consent banner is shown. No cookies are set for analytics or advertising purposes.

Name	Purpose	Storage period
`kyberio-session`	Keeps the session together while you move around the website. Forms do not work without this cookie.	until the browser is closed
`XSRF-TOKEN`	Protects forms from being submitted from other sites.	until the browser is closed

Should services that require consent be added in future, you will be asked beforehand and can change your decision at any time.