Datenschutz

§ 1 GENERAL

Your personal data (e.g. title, name, address, e-mail address, telephone number) will only be processed by us in accordance with the provisions of German data protection law and the data protection laws of the European Union (EU). In addition to the processing purposes, recipients, legal basis, storage periods, the following regulations also inform you about your rights and the person responsible for your data processing. This data protection declaration refers only to our websites. If you are redirected to other sites via links on our pages, please inform yourself there about the respective handling of your data.

§ 2 CONTACT

(1) Processing purpose

We process the personal data you provide us with by e-mail, contact form, etc. in order to answer and process your enquiries. You are not obliged to provide us with your personal data. However, we will not be able to reply to you by e-mail without your e-mail address

(2) Legal base

a) If you have given us your express consent to process your data, Art. 6 para. 1a) DSGVO is the legal basis for this processing.

b) Should we process your data for the purpose of implementing pre-contractual measures, Art. 6 para. 1b) DSGVO is the legal basis.

c) In all other cases (especially when using a contact form), Art. 6 para. 1f) DSGVO is the legal basis.

RIGHT OF CONTRIBUTION: You have the right to object at any time to the processing of your personal data on the basis of art. 6, paragraph 1 f) DPA and not for the purpose of direct marketing, for reasons arising from your particular situation. In the case of direct advertising, on the other hand, you may object to the processing at any time without giving reasons.

(3) Legitimate interest

Our legitimate interest in processing is to communicate with you in a fast way and to answer your inquiries in a cost-effective manner. If you provide us with your address, we reserve the right to use it for direct postal advertising. You can protect your interest in data protection by passing on your data sparingly (e.g. using a pseudonym).

(4) Categories of beneficiaries

Hosting provider, delivery service provider for direct advertising

(5) Storage duration

Your data will be deleted if it can be deduced from the circumstances that your inquiry or the facts concerned have been conclusively clarified.

If, however, a contract is concluded, the data required under commercial and tax law will be stored by us for the legally specified periods, i.e. regularly for ten years (cf. § 257 HGB, § 147 AO).

(6) Right of withdrawal

In case of processing, you have the right to revoke your consent at any time.

§ 3 WEBANALYSE MIT GOOGLE ANALYTICS

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymisation is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before this happens. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the framework of Google Analytics is not combined with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: optout

This website uses Google Analytics with the extension “anonymizeIP()”, so that the IP addresses are only processed in a shortened form in order to exclude the possibility of direct personal references.

§4 USE OF GOOGLE ADWORDS CONVERSION TRACKING

We use the online advertising program “Google AdWords” on our website and in this context conversion tracking. Google Conversion Tracking is an analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). When you click on an ad placed by Google, a conversion tracking cookie is placed on your computer. These cookies have a limited validity, do not contain any personal data and are therefore not used for personal identification. If you visit certain pages on our site and the cookie hasn’t expired, Google and we can tell that you clicked on the ad and were directed to that page. Each Google AdWords customer receives a different cookie. As a result, there is no way that cookies can be tracked across the websites of AdWords customers. The information collected using the conversion cookie is used to compile conversion

statistics. This tells us the total number of users who have clicked on one of our ads and been redirected to a page with a conversion tracking tag. However, we do not receive information that personally identifies users. The processing is based on Art. 6 (1) lit. f DSGVO from the legitimate interest in targeted advertising and the analysis of the impact and efficiency of this advertising. You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data based on Art. 6 (1) f DSGVO. For this purpose, you can prevent the storage of cookies by selecting the appropriate technical settings in your browser software. However, we would like to point out that in this case you may not be able to use all the functions of this website to their full extent. You will then not be included in the conversion tracking statistics. You can find further information and the Google data protection declaration at: https://www.google.de/policies/privacy/

§4.1 GOOGLE RECAPTCHA

In order to ensure sufficient data security when transmitting forms, we use the service reCAPTCHA of the company Google Inc. in certain cases, this is mainly to distinguish whether the input is made by a natural person or abusively by machine and automated processing. The service includes the sending of the IP address and possibly other data required by Google for the service reCAPTCHA to Google. For further information on the privacy policy of Google Inc. please visit http://www.google.de/intl/de/privacy or https://www.google.com/intl/de/policies/privacy/.

§4.2 USE OF TIKTOK PIXEL&ADS

We use the “TikTok pixel” of the social network TikTok, which is operated by TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland (“TikTok”). With the help of the TikTok pixel, it is possible for TikTok to determine the visitors to our website as a target group for the display of advertisements (so-called “TikTok Ads”). Accordingly, we use the TikTok pixel to display the TikTok ads placed by us only to those TikTok users who have also shown an interest in our online offer or who have certain characteristics that we transmit to TikTok. The TikTok pixel also allows us to statistically analyze the TikTok ads that are served. Data processing by TikTok is carried out within the framework of TikTok’s Data Use Policy. You can get specific information and details about the TikTok pixel and how it works in the help section of TikTok: https://www.tiktok.com/legal/privacy-policy?lang=de The use of the TikTok pixel as well as the storage of “conversion cookies” is based on Art. 6 (1) lit. a DSGVO. You can object to the data collection by the TikTok pixel and use of your data to display TikTok ads. You can find an opt-out option in our cookie notice.

§5 USE OF HUBSPOT

We use Hubspot, a service of Hubspot Inc. on our websites for analysis purposes. Hubspot is certified under the EU-US Privacy Shield.

So-called “web beacons” are used and “cookies” are also set, which are stored on your computer and enable us to analyse your use of the website. Hubspot uses the information collected (e.g., IP address, geographic location, browser type, length of visit and pages viewed) to generate reports on Flash Hub’s visit and pages viewed. If you subscribe to our newsletter and receive studies and other documents, Hubspot may also associate a user’s visits to Flash Hub sites with personal information (primarily name/email address) based on consent given, thereby collecting personal information and providing users with individualized and targeted information on preferred topics. If you do not want Hubspot to collect your personal information, you may refuse the use of cookies by selecting the appropriate settings on your browser (see section 3b above). For more information about how Hubspot works, please see Hubspot Inc.’s Privacy Policy, available at http://legal.hubspot.com/de/privacy-policy.

§6 LINKEDIN ANALYTICS AND LINKEDIN ADS

We use conversion tracking technology on our website and the retargeting feature of LinkedIn Corporation. This technology allows visitors to this site to see personalized ads on LinkedIn. It also

provides the ability to generate anonymous reports on ad performance and website interaction information. LinkedIn Insight tag is embedded in this website, which connects to the LinkedIn server when you visit this website and are logged into your LinkedIn account. Please see the LinkedIn privacy policy at https://www.linkedin.com/legal/privacy-policy for more information about data collection and use, and the choices and rights you have to protect your privacy. If you are logged in to LinkedIn, you may opt out of the collection of your information at any time by following this link: https://www.linkedin.com/psettings/enhanced-advertising.

§7 FACEBOOK ANALYTICS AND FACEBOOK ADS

We use the remarketing function “Custom Audiences” of Facebook Inc. on our website. (1601 S. California Ave, Palo Alto, CA 94304, USA; “Facebook”) and the Facebook tracking pixel. This function serves the purpose of targeting website visitors with interest-based advertising on the social network Facebook and to evaluate conversions. For this purpose, the Remarketing tag and the Facebook tracking pixel were implemented on the website. This tag is used to establish a direct connection to the Facebook servers when visiting the website. Through this, the Facebook server is informed which of our pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook, you will then see personalized, interest-based Facebook ads. The processing is based on Art. 6 (1) lit. f DSGVO from the legitimate interest in the above-mentioned purpose. You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you based on Art. 6 (1) f DSGVO. You can find more detailed information on the collection and use of data by Facebook, on your rights in this regard and on ways to protect your privacy in Facebook’s privacy policy at https://www.facebook.com/about/privacy/.

§ 8 SOCIAL MEDIA PLUGINS GENERAL

Social buttons from social networks are used on our website.

This serves to safeguard our legitimate interests, which outweigh the interests of the parties concerned, in the best possible marketing of our products and services in accordance with Art. 6 Para. 1 sentence 1 letter f DSGVO. In order to increase the protection of your data when visiting our website, these buttons are not unrestrictedly integrated into the page as plug-ins, but only by using an HTML link. This integration ensures that when a page of our website containing such buttons is called up, no connection is yet established with the servers of the provider of the respective social network.

Click on one of the buttons, a new window of your browser opens and calls up the page of the respective service provider, where you can (if necessary after entering your login data) press the Like or Share button, for example.

The purpose and scope of data collection and the further processing and use of data by the providers on their sites as well as a contact option and your rights and settings options for the protection of your privacy can be found in the data protection information of the providers. http://www. facebook.com/policy.phphttps://twitter.com/privacy

Usage of Hotjar

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device’s IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf.

For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

§ 9 INFORMATION ABOUT COOKIES

(1) Processing purpose

On this website, technically necessary cookies are used. These are small text files that are not permanently stored in or by your Internet browser on your computer system and only serve to ensure the functionality of the website. Other cookies remain permanently and recognise your browser the next time you visit the website in order to increase the user-friendliness of the website.

(2) Legal bases

The legal basis for the processing is Article 6(1)(f) DPA.

(3) Legitimate interest

Our legitimate interest is the functionality and usability of our website. The user data collected through technically necessary cookies and the long-term cookies described here are not used to create user profiles. Thus your interest in data protection is protected.

(4) Storage duration

The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies have a varying lifetime from a few minutes to several years.

(5) RIGHT OF OBJECTION

If you do not wish these cookies to be stored, please deactivate the acceptance of these cookies in your Internet browser. However, this may result in a functional restriction of our website. You can also delete permanently stored cookies at any time via your browser.

§ 10 SERVER-LOG-FILES

(1)

On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f DSGVO data on every access to the server on which this service is located (so-called server log files). The access data includes

• Name of the website accessed

• Browser type/ browser version

• Operating system used

• Referrer URL

• Host name of the accessing computer

• Time of the server request

These data cannot be assigned to specific persons. A consolidation of this data with other data sources is not carried out.

(2) For security reasons (e.g. for the investigation of abuse or fraud), log file information is stored for a maximum period of seven days and then deleted. Data whose further storage is required for evidential purposes are excluded from deletion until the respective incident has been finally clarified.

§ 11 NEWSLETTER

(1) Processing purpose

When registering for the newsletter your e-mail address will be used for advertising purposes, i.e. within the scope of the newsletter we will inform you in particular about services of the Flash Hub GmbH. For statistical purposes we can evaluate which links are clicked in the newsletter. It is not possible for us to identify which specific person clicked. You have given the following consent separately or, if applicable, explicitly during the ordering process: Yes, please send me the Flash Hub Newsletter.

(2) Legal basis

The legal basis for this processing is Article 6(1)(a) DPA.

(3) Categories of beneficiaries

Newsletter provider

(4) Storage duration

Your e-mail address will only be stored for the duration of the desired registration.

(5) Right of withdrawal

You can revoke your consent at any time with effect for the future. If you no longer wish to receive the newsletter, you can unsubscribe as follows: Via an unsubscription link in the newsletter.

§ 12 INTEGRATION OF THIRD PARTY SERVICES AND CONTENT

(1)Within our online offer, we set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. DSGVO) content or service offers from third parties in order to integrate their content and services, e.g. videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of these contents are aware of the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being able to be linked to such information from other sources.

(2) The following presentation offers an overview of third party providers and their contents, including links to their data protection declarations, which contain further information on the

processing of data and, in some cases already mentioned here, the possibility to object (so-called opt-out):

• External fonts from Google, Inc., https://www.google.com/fonts (“Google Fonts”). Google Fonts are integrated by a server call to Google (usually in the USA). Privacy policy: https://www.google.com/policies/privacy/ , Opt-Out: https://www.google.com/settings/ads/ .

• Maps provided by the “Google Maps” service of the third party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/ , Opt-Out: https://www.google.com/settings/ads/ .

• Videos from the “YouTube” platform of the third party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/ , Opt-Out: https://www.google.com/settings/ads/

§ 13 ONLINE PRESENCES IN SOCIAL MEDIA

We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services.

We point out that user data may be processed outside the European Union. This may result in risks for the users, because the enforcement of the users’ rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to point out that they thereby undertake to comply with the data protection standards of the EU.

Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements within and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behaviour and interests of the users are stored. Furthermore, data may also be stored in the user profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

The processing of users’ personal data is based on our legitimate interest in effective information of users and communication with users in accordance with Art. 6, Paragraph 1, Letter f. DSGVO. If the users are asked by the respective providers of the platforms to give their consent to the aforementioned data processing, the legal basis for the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.

For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.

Also in the case of requests for information and the assertion of user rights, we would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. Should you nevertheless require assistance, you can contact us.

– Facebook, Pages, Groups, (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on the basis of an agreement on joint processing of personal data – Privacy Policy: https://www.facebook.com/about/privacy/, specifically for pages: https://www.facebook.com/legal/terms/information_about_page_insights_data , Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAACtatus=Active.

– Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Datenschutzerklärung: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

– Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Datenschutzerklärung: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

– LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland) – Datenschutzerklärung https://www.linkedin.com/legal/privacy-policy , Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

– Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy policy/ Opt-out: https://privacy.xing.com/de/datenschutzerklaerung.

[This section was created with Datenschutz-Generator.de by RA Dr. jur. Thomas Schwenke]

§ 14 RIGHTS OF THE DATA SUBJECT

If personal data are processed by you, you are a data subject within the meaning of the DSGVO and you are entitled to the following rights against us:

1. Right of information

You can request confirmation from us as to whether personal data concerning you is being processed by us.

If such processing is present, you can request information from us about the following information:

(1) the purposes for which the personal data are processed

(2) the categories of personal data 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 personal data relating to you or, if it is not possible to give specific details, criteria for determining the duration of storage

(5) the existence of a right to rectify or delete personal data concerning you, a right to limit processing by us or a right to object to such processing

(6) the existence of a right of appeal to 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, in accordance with Art. 22 (1) and (4) DPA and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing on the data subject

You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.

2. Right of rectification

You have the right to ask us to correct and/or complete any personal data processed concerning you if it is incorrect or incomplete. We must make the correction without delay.

3. Right to restrict processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(1) if you dispute the accuracy of the personal data relating to you for a period of time which enables us to verify the accuracy of the personal data

(2) if the processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data

(3) if we no longer need the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims, or

(4) if you have lodged an objection to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been established whether the legitimate reasons to which we are entitled outweigh the reasons given by you.

Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.

If the restriction on processing has been restricted in accordance with the above-mentioned conditions, you will be informed by us before the restriction is lifted.

4. Right of deletion

a) Duty to delete

You may request us to delete personal data relating to you immediately and we are obliged to delete such 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 revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a FADP, and there is no other legal basis for the processing.

(3) You lodge an objection to the processing pursuant to Art. 21(1) DPA and there are no legitimate grounds for processing that take precedence, or you lodge an objection to the processing pursuant to Art. 21(2) DPA.

(4) Personal data concerning you have been processed unlawfully.

5. The deletion of personal data relating to you is necessary to comply with a legal obligation under Union law or the law of the Member States to which we are subject.

(6) The personal data concerning you have been collected in relation to information society services offered in accordance with Art. 8 para. 1 DSGVO.

b) Information to third parties

If we have made the personal data concerning you public and we are obliged to delete them pursuant to Art. 17 para. 1 DSGVO, we shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform the data controllers who process the personal data that you, as a data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.

(c) Exceptions

The right of cancellation does not exist insofar as the processing is necessary

(1 ) on the exercise of the right to freedom of expression and information;

(2) to comply with a legal obligation requiring processing under Union or national law to which we are subject or to perform a task carried out in the public interest or in the exercise of official authority vested in us;

(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;

(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DPA, insofar as the law referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or

(5) to assert, exercise or defend legal claims.

5. Right to information

If you have asserted the right to rectification, erasure or limitation of processing vis-à-vis us, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.

We have the right to be informed about these recipients.

6. Right to data transferability

You have the right to receive the personal data concerning you that you have provided us with in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without hindrance, provided that

(1) the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and

(2) the processing is carried out by means of automated procedures.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly by us to another responsible party, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data transferability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

7. Right of objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you which is carried out pursuant to Article 6 paragraph 1 letter e or f FADP; this also applies to profiling based on these provisions.

We will then no longer process the personal data concerning you, unless we can prove compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You may exercise your right of objection in connection with the use of information society services, without prejudice to Directive 2002/58/EC, by means of automated procedures involving technical specifications.

8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

9. Automated case-by-case decision including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and us,

(2) is authorised by Union law or the law of the Member States to which we are subject and that law provides for appropriate measures to safeguard your rights and freedoms and your legitimate interests; or

(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DPA, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), we will take reasonable measures to safeguard your rights and freedoms and your legitimate interests.

10. Right of appeal to 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 in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.

RESPONSIBLE FOR DATA PROCESSING:

LLC Marketing Fundamentals 

Korneli Kekelidze Street 14 

Tbilisi 

Georgia