Personal data means any information that directly or indirectly identifies a natural person or is capable of making a person identifiable (“personal data“). By way of example, a person may be identified by reference to an identifier, such as name, identification number, location data or by reference to individual physical, physiological, economic or cultural identity characteristics.
Processing of personal data means any operation or set of operations which is performed upon personal data or groups of personal data. It does not matter whether the data processing is automated or not. In this respect, processing may include, by way of example, the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, reading, disclosure by transmission, dissemination or any other form of making available, alignment or linking, restriction, erasure and destruction of data.
This privacy notice applies to the processing of your personal data when you visit our website “cerabyte.com” (“Website“), and other websites we own and operate that link to this privacy notice, and the related content, platform, services, products, and other functionality offered on or through our services (collectively, the “Services“) or when you contact us by mail, email or telephone.
For all questions related to data protection, you can contact us as follows:
Ceramic Data Solutions Holding GmbH
i. When you use our Website or communicate with us by mail. When you visit our Website or receive, open or otherwise use emails from us, we may collect log data. This data includes, by way of example, your Internet Protocol (IP) address; operating system; browser details such as type, ID and configuration; unique identifiers; device type and version; the referring URL; the date and time of your visit; the time you spent using our services and any errors that may occur during your visit to our services.
ii. When you use our Website, we may store log and analytics data. In addition, we may process your Internet Protocol (IP) address, operating system, browser details such as type; ID and configuration; unique identifiers; device type and version; referring URL; date and time of your visit; the time you spent using our website and any errors that may occur during your visit to our Website. We may also process the electronic path you take to our Website, through our Website, and when you leave our Website, as well as your activity on our Website, such as time zone, activity information (first and last activity dates), and usage history.
iii. Communications. When you contact us by any means of communication, we may collect your name, email address, mailing address, phone number the nature of your request, or any other information you provide to us, such as the number of contacts you have and the date and time of upcoming appointments.
In most cases, we collect the personal data directly from you, e.g., when you visit our Website, use our services or contact us by email. As with most digital platforms, we and our third-party providers collect data automatically when you use our services.
Detailed information on the processing activities we undertake, and the categories of personal data, legal bases, purposes and duration of the processing can be found in Annex 1 below.
We also obtain personal information from third parties; which we often combine with personal information we collect either automatically or directly from an individual.
We may receive the same categories of personal information as described above from the following third parties:
i. Your Employer / Company: If you interact with our Services through your employer or company, we may receive your information from your employer or company, including another representative of your employer or company. We use this information to operate, maintain, and provide to you the features and functionality of the Service.
ii. Social Media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us on LinkedIn or follows us or shares our content on YouTube or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network, and may include your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
iii. Service Providers: Our service providers that perform services solely on our behalf, such as survey and marketing providers or payment processors, collect personal information and often share some or all of this information with us. The information may include contact information, demographic information, payment information, information about your communications and related activities, and information about your orders. We may use this information to administer and facilitate our Services, your orders, and our marketing activities.
iv. Business Partners: We may receive your information from our business partners, such as companies that offer their products and/or services on our Services. We may use this information to administer and facilitate our services, your orders, and our marketing activities.
v. Other Sources: We may also collect Personal Information about individuals that we do not otherwise have from, for example, publicly available sources, third-party data providers, brand partnerships, or through transactions such as mergers and acquisitions. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
Tracking and Cookies
We and our third-party providers may use
i. cookies or small data files that are stored on an individual’s computer and
ii. other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies“)
to automatically collect this personal information. We may also use this information to distinguish you from other users of our Services. This helps us monitor and analyze how you use and interact with our Services. It also helps us and our partners to determine products and services that may be of interest to you. For more information about these practices and your choices regarding cookies, please see the Control Over Your Information section and our Cookie Notice.
Purposes and legal bases of processing
The purposes and legal bases for processing your personal data may vary from case to case. In principle, we process your personal data in accordance with the requirements of the General Data Protection Regulation (“GDPR“) and the Federal Data Protection Act (Bundesdatenschutzgesetz, “BDSG“) for the following purposes and on the basis of the following legal grounds:
i. For the performance of a contract
We process your personal data to fulfill contractual or quasi-contractual obligations, e.g., to provide services or customer support or to answer inquiries. The legal basis for the processing is Art. 6 (1) lit. b GDPR.
ii. Compliance with a legal obligation
Insofar as we are subject to legal obligations for the compliance of which the processing of your personal data is necessary, we process your personal data for this purpose (e.g., a legal obligation to retain data). The legal basis for the processing is Art. 6 (1) lit. c GDPR.
iii. Our legitimate interests
We also process your personal data to pursue our legitimate interests (such as our legal or economic interests), unless your conflicting interests or fundamental rights and freedoms requiring the protection of your personal data override these. The legal basis for the processing is Art. 6 (1) lit. f GDPR.
iv. Based on your consent
In some cases, we process your personal data based on your consent. If we need your consent, we will tell you in advance which personal data we intend to use and how we will use it. You do not have to give your consent. If you have given us your consent to collect, use or disclose your personal data in a certain way, you have the right to withdraw your consent at any time with future effect. Please note that neither the refusal nor the revocation of your consent will have any adverse consequences for you. However, we may not be able to provide you with some services for which the data processing is necessary.
As an example, your consent may be required for the transfer of your personal data to other companies, the evaluation of your personal data for targeted advertising measures or the sending of communications. The legal basis for your consent is Art. 6 (1) lit. a GDPR.
How long do we store your personal data?
Personal data is only stored for as long as is necessary to fulfill the purposes for which it was collected. This also applies to the fulfillment of our legitimate interests or legal storage and documentation obligations that we must observe.
The statutory retention and documentation obligations are generally between two and ten years and result, for example, from Section 147 of the German Fiscal Code (Abgabenordnung) or Section 257 of the German Commercial Code (Handelsgesetzbuch).
Upon request, we can delete the data collected and stored for the use of our Website. We will carry out the deletion ourselves within a certain cycle, unless there is a special interest in continuing storage in individual cases, for example in the event of cyberattacks.
In assessing the retention period required in a particular case, we consider the scope, nature and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personal data and applicable legal requirements.
Insofar as statutory retention and documentation obligations or the protection of our legitimate interests, which outweigh your conflicting interests, require a longer retention period, for example in the event of legal disputes, your personal data will also be stored and processed for these longer periods.
How we share your personal information
We may share your personal information with the following:
i. Service providers and consultants: We share your personal data with contractors and service providers who are subject to appropriate nondisclosure and confidentiality agreements, which may include payment service providers, web hosting and maintenance providers, technology support providers, email communications providers, analytics providers, data storage providers, competition management, and web and video hosting providers and developers. All service providers we use are bound by confidentiality obligations and are required to process your personal data only on our behalf and in accordance with our instructions, unless they process your data themselves as data controllers (for example, when we use the services of lawyers and tax advisors).
ii. Corporate transactions: We may share any personal information we collect if we sell or transfer all or a portion of our business or assets (including any company stock) or any part or combination of our products, services, businesses and or assets. If such a transaction occurs (whether a sale, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, change of ownership or similar transaction or proceeding), we will use reasonable efforts to ensure that all transferred data is processed in accordance with this privacy notice.
iii. Law enforcement agencies, law enforcement authorities, and other government agencies and other public bodies: We may disclose your personal information to third parties if required to do so by law or if we reasonably believe that such action is necessary to (i) comply with relevant laws and comply with requests from law enforcement authorities; (ii) detect or respond to possible civil or criminal violations, such as breaches of agreements or laws; (iii) and respectively or otherwise protect the rights, property or personal safety of us, our team members or others.
iv. With your consent: We may share or publish your personally identifiable information with third parties with your consent. For example, with your consent or at your direction, we may reproduce your testimonial on our website or in service-related publications.
Detailed information about the service providers we use can be found in Annex 2 of this privacy notice.
Your personal data will not be transferred to countries outside the European Union or the European Economic Area (“EEA“) or to countries where the level of data protection is not equivalent to that existing in the EEA.
Your data subject rights
Below you will find a list of your rights regarding the processing of your personal data:
i. Right of access: Pursuant to Article 15 of the GDPR, you have the right to request confirmation from us as to whether personal data relating to you is being processed by us. If this is the case, you have the right to access this personal data and
(a) obtain confirmation as to whether we are processing your personal data,
(b) obtain information on the categories of personal data we process, the purposes of the processing and information on how we determine the retention and storage periods,
(c) obtain information on the recipients or categories of recipients to whom we disclose your personal data, in particular in the case of recipients in third countries, and
(d) obtain a copy of the data undergoing processing.
ii. Right to rectification: Pursuant to Article 16 of the GDPR, you have the right to request that we correct any inaccurate personal data concerning you without undue delay. To do so, contact us at the addresses listed in section 2 and 17 contact details provided.
iii. Right to erasure: Pursuant to Article 17 of the GDPR, you have the right to request that we erase your data without undue delay if
(a) the personal data is no longer necessary for the purposes for which it was collected or otherwise processed,
(b) you withdraw the consent on which the processing was based,
(c) you object to the processing pursuant to Article 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you have objected to the processing pursuant to Article 21 (2),
(d) your personal data have been processed unlawfully, or
(e) the erasure of your personal data is necessary for compliance with a legal obligation to which Cerabyte is subject.
iv. Right to restriction of processing: According to Art. 18 GDPR, you have the right to request the restriction of processing. This means that you can request us to limit the purposes of the processing. A right to restriction exists if
(a) you have contested the accuracy of the personal data,
(b) the processing is unlawful and you object to the erasure of the personal data but request instead the restriction of the use of the personal data,
(c) the personal data is no longer needed by us for the purposes of the processing, but we need the personal data for the establishment, exercise, or defense of legal claims, or
(d) if you object to the processing pursuant to Article 21 para. 1 GDPR against the processing, as long as it has not yet been determined whether our legitimate grounds outweigh yours.
v. Right to information: According to Article 19 of the GDPR, you have the right to request information about the recipients of data who have been notified of a rectification, erasure, or restriction of the processing of your personal data.
RIGHT OF OBJECTION ACCORDING TO ART. 21 GDPR
OBJECTION ON THE GROUNDS OF YOUR PARTICULAR SITUATION
ACCORDING TO ARTICLE 21 PARA. 1 GDPR, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, TO THE PROCESSING OF YOUR PERSONAL DATA WHERE SUCH PROCESSING IS CARRIED OUT FOR THE PURPOSES OF OUR LEGITIMATE INTERESTS, INCLUDING PROFILING BASED THEREON (E.G., FOR CREDIT ASSESSMENT). NO FURTHER PROCESSING OF YOUR PERSONAL DATA WILL THEN TAKE PLACE UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.
YOU CAN DECLARE YOUR OBJECTION INFORMALLY BY MAIL OR EMAIL, ADDRESSED TO:
Ceramic Data Solutions
vi. Right to complain: You have the right to lodge a complaint with the competent supervisory authority against the processing of your personal data or any other decision made by Cerabyte. If you are located in the European Union, please find here information on how to contact the data protection authority responsible for your concern. If you are located in Germany, you can find information about which data protection authority is responsible for your concern here.
vii. Contact: To exercise your data subject rights, you can contact us informally by mail, fax or email at the contact details indicated in section 2 and 17.
Description of the processing operations
List of current service providers and consultants: