Data Protection

Thank you for your interest in our website. The protection of your privacy is very important to us. In the following we inform you in detail about how we handle your data.

1. Name and address of the person responsible

The person responsible within the meaning of the basic data protection regulation and other national data protection laws of the member states and other data protection regulations is the:

UseTree GmbH
Dorotheenstraße 37
D-10117 Berlin
Deutschland
Tel.: +49 30 8632919-1
E-Mail: info@usetree.de

2. Name and address of the data protection officer/supervisor

The data protection officer of the controller is:

datarea GmbH
Meißner Straße 103
01445 Radebeul
Deutschland
Tel.: +49 351 27 22 08 80
E-Mail: info@datarea.de
Website: www.datarea.de

3. General information about data processing

3.1. Extent of processing of personal data

In principle, we process personal data of our users only insofar as this is necessary to provide a functioning website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.

3.2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) is the legal basis.

If the processing of personal data is necessary for the furillment of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR is the legal basis. This also applies to processing operations required to carry out pre-contractual actions.

Provided that processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c GDPR is the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR is the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f GDPR is the legal basis for processing.

3.3. Data deletion and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is omitted.
Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract. In addition, the storage may be continued if it is obligated by any EU or national regulations, laws or other regulations to which the controller is subject.

4. Provision of the website and creation of logfiles

Each time our website is accessed, our system automatically collects data and information from the computer system of the requesting computer.
The following data are collected:

  1. Information about the browser type and version used
  2. The operating system of the user
  3. The Internet service provider of the user
  4. The IP address of the user
  5. Date and time of access
  6. Websites from which the system of the user comes to our website
  7. Web sites accessed by the user’s system through our website
  8. Name and URL of the retrieved file
  9. Message if the retrieval was successful

The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

For these purposes, this is our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f GDPR.

The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.

The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.

5. Use of cookies

Our website uses cookies. Cookies are text files that are stored in the Internet browser or the Internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the website is reopened.
We use cookies on our website that allow an analysis of users’ browsing behavior.
The following data are stored and transmitted in the cookies:

  1. frequency of page views
  2. Use of Website Features
  3. shortened IP address

When accessing our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, there is also a reference to this privacy policy.
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is in the presence of a corresponding consent of the user Art. 6 para. 1 lit. a GDPR.
The use of the analysis cookies is for the purpose of improving the quality of our website and its contents. Through the analysis cookies, we learn how the website is used and so we can constantly optimize our offer.
For these purposes, our legitimate interest in the processing of personal data pursuant to Art. 6 para. 1 lit. f GDPR.
Cookies are stored on the computer of the user and transmitted by this on our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies.

6. Contact form and e-mail contact

Contact via the provided e-mail address is possible. In this case, the user’s personal data transmitted by e-mail will be stored.

The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f GDPR. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data.

The data will be deleted as soon as it is no longer necessary for the purpose of its collection.

The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue.

7. Disclosure of personal data to third parties

7.1 Google Analytics

This website uses Google Analytics, a web analytics service provided by Google (Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA). Google Analytics uses cookies that are stored on your computer and allow an analysis of their use. These are cookies from Google itself and so-called third-party cookies. The information generated by the cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. For data processing compliant processing, we use the code “gat._anonymizeIp ();” to ensure an anonymous collection of IP addresses (so-called IP masking).

Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.

This website uses Google Analytics to provide an analysis of its use. The processing of users’ personal data enables us to analyze the surfing behavior of our users. By analyzing the obtained data, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. of the IP address takes sufficiently account of users interest protecting their personal data.

As a rule, the data collected are deleted as soon as they are no longer needed.

Data collection can be objected to at any time with effect for the future by downloading and installing the browser add-on for disabling Google Analytics:
https://tools.google.com/dlpage/gaoptout?hl=de

7.2 Google Maps

This website uses Google Maps to display a site map. Google Maps is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. To do this, the browser you use must connect to Google’s servers. As a result, Google finds out that our website has been accessed via your IP address. The terms of service for Google Maps can be found in Google Maps Terms of Service. For details, see the Privacy Center at google.com: Transparency and Choice, and Privacy Policy. https://www.google.com/policies/privacy/

7.3 YouTube

Our website uses plugins from the Google-powered YouTube page. Site operator is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. When you visit one of our YouTubePlugin-enabled sites, you will be connected to the servers of YouTube. The Youtube server will be informed which pages you visited.
If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
For more information on how to handle user data, please refer to the YouTube Privacy Policy at https://www.google.com/intl/en/policies/privacy

8. Privacy policy for customers and other concerned parties

With the following information we would like to give you an overview of the processing of your personal data by us and your rights under data protection law.

8.1. What sources and data do we use?

We process personal data that we receive from our customers and business partners in the course of our business relationships. In addition, we process – to the extent necessary for the provision of our services – personal data that we obtain from publicly accessible sources (e.g. commercial and association registers, press, Internet) or which are transmitted to us by other companies or third parties (e.g. a credit agency).
Relevant personal data are personal data (name, address and other contact data, date of birth), order data (e.g. payment order). In addition, this may also include data relating to the performance of our contractual obligations, information about your financial situation (e.g. creditworthiness data) and other data comparable to the categories mentioned.

8.2. What do we process your data for (purpose of processing) and on what legal basis?

We process personal data in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG)).

a) to fulfil contractual obligations (Art. 6 para. 1 lit. b) GDPR)
The processing of data takes place for the fulfilment of contractual obligations between UseTree GmbH with their customers and business partners. This includes the provision of services in the field of UX-Consulting & Training, UX-Research, UX-Design and UX-Development

b) as part of the balancing of interests (Art. 6 para. 1 lit. f) GDPR)
If necessary, we process your data beyond the actual fulfilment of the contract to protect the legitimate interests of us or third parties. For example, for consultation and data exchange with credit agencies, for asserting legal claims and defence in legal disputes, for preventing or clarifying criminal offences or for measures for business management and further development of services and products.

c) on the basis of your consent (Art. 6 para. 1 lit. a) GDPR)
If you consent to the processing of personal data for certain purposes the lawfulness of this processing is given on the basis of your consent. Your consent can be revoked at any time. This also applies to the revocation of declarations of consent given to us before the GDPR came valid, i.e. before 25 May 2018. The revocation of a consent only takes effect for the future and does not affect the legality of the data processed until the revocation.

8.3. Who gets my data?

Within the UseTree GmbH, those parties who need your data to fulfil their contractual obligations will have access to it.
Furthermore, personal data may be used for the purpose of billing and accounting.
Other data recipients may be those entities for which you have given us your consent to transfer data or for which we are authorized to transfer personal data on the basis of a weighing of interests.

8.4. Is data transferred to a third country or to an international organisation?

In principle, personal data is not transferred to countries outside the European Union (so-called third countries) unless required by law (e.g. tax reporting requirements or your consent). Insofar as a transfer takes place, e.g. to Switzerland or the USA, the data protection regulations pursuant to Art. 44 esp. pages GDPR applies.

8.5. How long will my data be stored?

We process and store your personal data as long as this is necessary to fulfil our contractual and legal obligations. If the data are no longer required for the fulfilment of our obligations, they will be deleted regularly, unless their further processing – for a limited period – is necessary for the following purposes:

Fulfilment of commercial and tax retention obligations that may arise, for example, from: Handelsgesetzbuch (HGB) german Commercial Code, Abgabenordnung (AO) German Tax Code (AO). The periods for storage and documentation specified there are usually two to ten years.
Preservation of evidence within the framework of the statutory statute of limitations. According to §§ 195 et seq. of the German Civil Code (Bürgerliches Gesetzbuch (BGB)), these limitation periods can be up to 30 years, whereby the regular limitation period is 3 years, calculated from the end of the year in which the business relationship ends.

8.6. What data protection rights do I have?

Every data subject has the right of access under Article 15 GDPR, the right of rectification under Article 16 GDPR, the right of cancellation under Article 17 GDPR, the right of limitation of processing under Article 18 GDPR, the right of opposition under Article 21 GDPR and the right of data transfer under Article 20 GDPR. The restrictions under §§ 34 and 35 BDSG apply to the right of access and the right of cancellation. In addition, there is a right of appeal to the competent data protection supervisory authority (Article 77 GDPR in conjunction with § 19 BDSG).
You can revoke your consent to the processing of personal data at any time. This also applies to the revocation of declarations of consent given to us before the GDPR came into force, i.e. before 25 May 2018. Please note that the revocation will only take effect in the future. Processing that took place before the revocation is not affected by this.

8.7. Is there an obligation for me to provide data?

As part of our business relationship, you must provide the personal information that is necessary to establish, conduct and terminate a business relationship and to fulfill the contractual obligations associated therewith, or that we are required by law to collect. Without this information, we will generally not be able to enter into, execute or terminate a contract with you.

9.8. Does profiling take place?

Profiling, with the aim of evaluating certain personal aspects, does not take place through us.

 

Status: November 2020