Privacy Policy
I. Name and Address of the Person Responsible
The controller within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the member states as well as other data protection regulations is:
Cubia AG
Reichenaustraße 39A
78467 Konstanz
Germany
Ph..: +49 (0)7531 94 235-0
E-Mail: contact@cubia.com
Website: www.cubia.com
II. Name and Address of the Data Protection Officer
The data protection officer of the controller can be reached at:
Cubia AG
Data Protection Officer
Reichenaustraße 39A
78467 Konstanz
Germany
Tel.: +49 (0)7531 94 235-0
E-Mail: datenschutz@cubia.com
Website: www.cubia.com
III. General Information on Data Processing
1. Scope of Processing of Personal Data
We generally only collect and use our users’ personal data to the extent that this is necessary to provide a functional website and our content and services. The collection and use of our users’ personal data generally only occurs with the user’s consent. An exception applies in cases where prior consent cannot be obtained for actual reasons and the processing of the data is permitted by law.
2. Legal Basis for the Processing of Personal Data
If we obtain the consent of the data subject for processing personal data, Art. 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
If personal data is required to fulfill a contract to which the data subject is a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
If processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis.
If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.
If processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) (f) GDPR serves as the legal basis for processing.
3. Data Deletion and Storage Period
The personal data of the data subject will be deleted or blocked as soon as the purpose for which they were stored no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need to continue storing the data for the conclusion or fulfillment of a contract.
IV. Provision of the Website and Creation of Log Files
1. Description and Scope of Data Processing
Every time our website is accessed, our system automatically records data and information from the computer system of the accessing computer.
The following data is collected:
(1) Information about the browser type and version used
(2) The user’s operating system
(3) The user’s IP address
(4) Date and time of access
(5) Websites from which the user’s system accesses our website
(6) Websites accessed by the user’s system via our website
The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
2. Legal Basis for Data Processing
The legal basis for the temporary storage of data and log files is Art. 6 (1) (f) GDPR.
3. Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this purpose, the user’s IP address must be stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. We also use the data to optimize the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 (1) (f) GDPR.
4. Duration of Storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. If the data is collected to provide the website, this is the case when the respective session has ended.
If the data is stored in log files, this is the case after 10 weeks at the latest. Storage beyond this is possible. In this case, the users’ IP addresses are deleted or altered so that it is no longer possible to assign the calling client.
5. Possibility of Objection and Removal
The collection of data to provide the website and the storage of data in log files is essential for the secure operation of the website. The user therefore has no option to object.
V. Use of Cookies
1. Description and Scope of Data Processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user visits a website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string that enables the browser to be uniquely identified when the website is visited again.
We also use cookies on our website that enable us to analyze the surfing behavior of users.
The following data can be transmitted in this way:
(1) Search terms entered
(2) Frequency of page views
(3) Use of website functions
The user data collected in this way is pseudonymized by technical precautions. It is therefore no longer possible to assign the data to the user who accessed the website. The data is not stored together with other personal data of the user.
In the sections “VII. Use and application of Google Ads” information is provided about the use of cookies for analysis purposes. In this context, there is also a note on how the storage of cookies can be prevented.
When accessing our website, the user is informed about the use of cookies for analysis purposes within this data protection declaration and his consent to the processing of the personal data used in this context is obtained. In this context, a reference is also made to this data protection declaration.
2. Legal Basis for Data Processing
The legal basis for the processing of personal data using cookies is Art. 6 (1) (f) GDPR.
3. Purpose of Data Processing
The analysis cookies are used to improve the quality of our website and its content. The analysis cookies tell us how the website is used and enable us to continually optimize our offering and the information provided for site visitors.
For these purposes, we also have a legitimate interest in processing the data in accordance with Art. 6 (1) (f) GDPR.
4. Duration of Storage, Possibility of Objection and Removal
Cookies are stored on the user’s computer and transmitted from there to our website. Therefore, as a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all of the website’s functions.
The purpose and general storage period of the cookies set by Matomo can be viewed in the table below, provided that they have previously been accepted by the user via the cookie settings.
VI. Contact Form and Email Contact
1. Description and Scope of Data Processing
There are contact and inquiry forms on our website that can be used to contact us electronically. If a user makes use of this option, the data entered by the person concerned in the input mask will be transmitted to us and saved.
At the time the message is sent, the following data is also saved in the web server log files:
(1) Information about the browser type and version used
(2) The user’s operating system
(3) The user’s IP address
(4) Date and time of dispatch
(5) Websites accessed by the user’s system via our website
Your consent to the processing of the data is obtained during the sending process and reference is made to this data protection declaration.
Alternatively, you can contact us using the email address provided. In this case, the user’s personal data transmitted with the email will be saved.
In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.
2. Legal Basis for the Processing of Personal Data
The legal basis for processing the data if the user has given their consent is Art. 6 (1) (a) GDPR.
The legal basis for processing the data transmitted when sending an email is Art. 6 (1) (f) GDPR. If the email contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR.
3. Purpose of Data Processing
DThe processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by email, this also represents the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of Storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those that were sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified and further contact can be ruled out.
The personal data collected during the sending process within the server log files are anonymized after a period of seven days at the latest and automatically deleted within 9 weeks.
5. Possibility of Objection and Removal
The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by email, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.
To object to the storage and processing of the personal data deposited through the contact, the data subject can contact the data protection officer or an employee of Cubia AG.
In this case, all personal data that was stored during the contact will be deleted.
VII. Deployment and Use of Google Ads
Our website uses Google Ads (formerly Google AdWords), a service for placing internet advertising in Google search engine results and on Google advertising networks. Google Ads uses Google Conversion Tracking. If you have reached our website via an ad placed by Google, Google Ads will set a cookie on the IT system you are using. The cookie for conversion tracking is set when a user clicks on an ad placed by Google.
1. Description and Scope of Data Processing
The information generated by the cookie about your use of this website is transferred to a Google server in the USA and stored there.
The operating company of the Google Ads services is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
Each Google Ads customer receives a different cookie. Cookies cannot therefore be tracked across the websites of Ads customers. The information obtained using the conversion cookie is used to create conversion statistics for Ads customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, Google Ads customers and Google Inc. do not receive any information that can be used to personally identify users.
Google may transfer the information on website usage to third parties if this is required by law or if third parties process this data on Google’s behalf.
2. Legal Basis for the Processing of Personal Data
The legal basis for the processing of personal data using cookies is Art. 6 (1) (f) GDPR.
3. Purpose of Data Processing
Google Ads is used to promote our website by displaying interest-relevant advertising in Google search engine results and on Google advertising networks. For these purposes, we also have a legitimate interest in processing the data in accordance with Art. 6 (1) (f) GDPR.
4. Duration of Storage
A Google Ads cookie expires after 30 days and is not used to identify a data subject.
5. Possibility of Objection and Removal
If you do not wish to participate in tracking, you can object to this use by easily deactivating the Google Conversion Tracking cookie in your Internet browser under user settings. You will then not be included in the conversion tracking statistics. You can object to the collection of data by using a Google browser plug-in. You can download this here.
Furthermore, it is possible to object to interest-based advertising by the person concerned calling up the page www.google.de/settings/ads in their Internet browser and making the desired settings.
VIII. Deployment and Use of Matomo
1. Description and Scope of Data Processing
We use the open source software tool Matomo (formerly PIWIK) on our website to analyze the surfing behavior of our users. The software places a cookie on the user’s computer (see above for cookies). If individual pages of our website are accessed, the following data is stored:
(1) Two bytes of the IP address of the calling system
(2) The website accessed
(3) The website from which the website was accessed (referrer)
(4) The subpages accessed from the website accessed
(5) The length of time spent on the website
(6) The frequency of the website being accessed
(7) Technical details of the browser such as version number or resolution
The software runs exclusively on the servers of our website. Personal data is only stored there. The data is not passed on to third parties.
The software is set up so that the IP addresses are not stored in full, but 2 bytes of the IP address are masked (e.g.: 192.168.xxx.xxx). In this way, it is no longer possible to assign the shortened IP address to the calling computer.
2. Legal Basis for the Processing of Personal Data
The legal basis for the processing of personal data using cookies is Art. 6 (1) (f) GDPR.
3. Purpose of Data Processing
Matomo is used to improve the quality of our website and its content. Matomo tells us how the website is used and allows us to continually optimize our offering and the information provided for site visitors.
For these purposes, we also have a legitimate interest in processing the data in accordance with Art. 6 (1) (f) GDPR. By anonymizing the IP address, the user’s interest in the protection of their personal data is adequately taken into account.
4. Duration of Storage
Sessions and campaigns end after a certain period of time. The exact storage period for each cookie is listed in section “V. Use of cookies” of this privacy policy.
5. Possibility of Objection and Removal
Cookies are stored on the user’s computer and transmitted from there to our site. You therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to fully use all of the website’s functions.
You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.
IX. Rights of the Data Subject
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
1. Right to Information
You can request confirmation from the responsible party as to whether personal data concerning you is being processed by us.
If such processing is taking place, you can request the following information from the responsible party:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
2. Right to Rectification
You have the right to request rectification and/or completion from the controller if the personal data concerning you that are processed are incorrect or incomplete. The controller must carry out the rectification immediately.
3. Right to Restriction of Processing
You can request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and instead request the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require them to assert, exercise or defend legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may – apart from its storage – only be processed with your consent or for the establishment, exercise or defense of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above-mentioned conditions, you will be informed by the controller before the restriction is lifted.
4. Right to Erasure
a) Obligation to delete
You can request that the controller delete the personal data concerning you immediately, and the controller is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based in accordance with Art. 6 (1)(a) or Art. 9 (2)(a) GDPR, and there is no other legal basis for the processing.
(3) You object to the processing in accordance with Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Art. 21 (2) GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of the personal data concerning you is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to delete it in accordance with Art. 17 (1) GDPR, he shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as the data subject, have requested that they delete all links to these personal data or copies or replications of these personal data.
c) Exceptions
The right to erasure does not exist if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfil a legal obligation which requires processing under Union or Member State law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Art. 9 (2)(h) and (i) and Art. 9 (3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to make the achievement of the objectives of this processing impossible or seriously compromises it, or
(5) to assert, exercise or defend legal claims.
5. Notification Obligation Regarding Rectification or Erasure of Personal Data or Restriction of Processing
If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis the responsible party, this party is obliged to inform all recipients to whom the personal data concerning you was disclosed of said rectification, erasure or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure.
You have the right to be informed by the responsible party of these recipients.
6. Right to Data Portability
You have the right to receive the personal data concerning you that you have made available to the controller in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was made available, provided that
(1) the processing is based on consent in accordance with Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract in accordance with Art. 6 (1) (b) GDPR and
(2) the processing is carried out using automated procedures.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to Object
You have the right to object at any time to the processing of personal data concerning you based on Art. 6 (1) (e) or (f) GDPR for reasons related to your particular situation; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed in order to conduct direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is related to such direct advertising.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
In connection with the use of information society services, you have the option of exercising your right of objection by means of automated procedures that use technical specifications, notwithstanding Directive 2002/58/EC.
8. Right to Revoke the Declaration of Consent under Data Protection Law
You have the right to revoke your consent to data protection at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9. Automated Decision in Individual Cases Including Profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for entering into or fulfilling a contract between you and the controller,
(2) is permitted by Union or Member State law to which the controller is subject, and this law contains appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or
(3) is carried out with your explicit consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2)(a) or (g) GDPR applies and appropriate measures to protect your rights and freedoms as well as your legitimate interests have been taken.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
10. Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.