Data Privacy Information

1. Who is responsible for data processing and whom can I contact?

Responsible entity is:

Hypergene GmbH
Alte Jakobstr. 83-84
10179 Berlin

Tel: +49 (0) 30 - 293 63 99 - 0
Fax: +49 (0) 30 - 293 63 99 - 50

E-mail: kontakt@blueant.de

You can reach our company data protection officer at:

mip Consult GmbH
Lawyer Asmus Eggert
Wilhelm Kabus Street 9
10829 Berlin

Tel: +49 (0) 30 - 2088999 - 0

datenschutz@blueant.de
www.sofortdatenschutz.de

2. What sources and data do we use?

We process personal data that we receive from you in the course of using our website and, if applicable, our business relationship.

In the case of purely informational use of the website, i.e. if you do not register or otherwise transmit information to us, we only collect the personal data that your browser transmits to our server. When you access our website, we collect the following access data, which is technically necessary for us to display our website to you and to ensure stability and security. The access data includes the IP address, date and time of the request, time zone difference to Greenwich Mean Time (GMT), content of the request (i.e. name of the specific website accessed), access status/HTTP status code, amount of data transferred in each case, referrer URL (previously visited page), operating system and its interface, language and version as well as type of browser software, notification of successful retrieval.

Furthermore, we receive your personal data if you contact us via contact form or e-mail.  Personal data here are e.g. name, address, e-mail, telephone number (hereinafter referred to as "contact data").

3. 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 European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) for the following purposes and on the basis of the following legal grounds:

Purposes

Insofar as you have given us consent to process personal data for certain purposes, in particular for contacting you (e.g. via our contact form or by e-mail for processing and handling the inquiry, sending newsletters, advertising approach by phone, e-mail, SMS, etc.), the lawfulness of this processing is based on your consent. Consent given can be revoked at any time. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.

Legal basis: Consent, Art. 6 para. 1a DS-GVO

When contacting us (via contact form or e-mail), your information will be processed in addition to any consent given for the processing of the contact request and its handling also on the basis of the implementation of pre-contractual measures, Art. 6 para. 1b DS-GVO.

Legal basis: Implementation of pre-contractual measures at the request of the person, Art. 6 para. 1b DS-GVO

We process your access data (see data listed above under point 2) to protect legitimate interests of us or of third parties. In particular, we pursue the following legitimate interests:

-Guaranteeing IT security, in particular the security of the website;

-advertising or market and opinion research, insofar as you have not objected to the use of your data

Legal basis: Within the framework of the balancing of interests for the protection of legitimate interests, Art. 6 para. 1f DS-GVO

If we receive your data in the context of downloading our whitepaper, we process your data on the basis of your consent in order to inform you about Blue Ant.

Legal basis: Consent, Art. 6 para. 1a DS-GVO

4. Who gets my data?

Within the company, access to your data is granted to those departments that need it to fulfill our contractual and legal obligations.

Processors used by us (Art. 28 DS-GVO) may also receive data for the above-mentioned purposes. These are companies in the categories of IT services, printing services, telecommunications, consulting and advisory services, and sales and marketing. Where we use processors to provide our services, we take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of personal data in accordance with the relevant legal requirements.

Data is only passed on to third parties within the framework of legal requirements. We only pass on users' data to third parties if this is necessary, for example, on the basis of Art. 6 Para. 1 lit. b) DS-GVO for contractual purposes or on the basis of legitimate interests pursuant to Art. 6 Para. 1 lit. f. DS-GVO in an economic and effective operation of our business or you have consented to the transfer of data. In the case of purely informational use of the website, we do not pass on any data to third parties as a matter of principle. 

5. How long will my data be stored?

For security reasons (e.g. to clarify acts of abuse or fraud), log file information is stored for a maximum of fourteen days and then deleted (see point 2 above). Data whose further storage is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.

As far as necessary, we process and store your personal data for the duration of our business relationship, which also includes, for example, the initiation and execution of a contract via contact form or by e-mail.

In addition, we are subject to various storage and documentation obligations arising from the German Commercial Code (HGB) and the German Fiscal Code (AO), among other things. The retention and documentation periods specified there are two to ten years.

Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to Sections 195 et seq. of the German Civil Code (BGB), are generally 3 years, but in certain cases can be up to thirty years, with the regular limitation period being three years.

6. Is data transferred to a third country or to an international organization?

The data provided will be processed within the European Union and in the USA. For countries without an adequacy decision by the Commission pursuant to Article 45 DSGVO, we generally agree on EU standard data protection clauses with the recipients of your data or obtain your consent for the data transfer. If necessary, please contact us using the contact details provided under point 1 above.

Note: In the USA, however, an adequate level of data protection is to be assumed if the transfer of personal data takes place to companies in the USA that are certified under the Data Protection Framework (DPF) or if EU standard data protection clauses have been agreed with US companies.

7. What data protection rights do i have?

Each data subject has

• the right to information according to Art. 15 DS-GVO,
• the right to rectification according to Art. 16 DS-GVO,
• the right to erasure according to Art. 17 DS-GVO,
• the right to restriction of processing pursuant to Art. 18 DS-GVO as well as
• the right to data portability from Art. 20 DS-GVO.

Furthermore, you can revoke consents, in principle with effect for the future. Furthermore, you have the right to lodge a complaint with a data protection supervisory authority (Art. 77 DS-GVO in conjunction with § 19 BDSG). In addition, we would like to point out your right of objection according to Art. 21 DS-GVO:

Information about your right to object according to Art. 21 DS-GVO

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) of the GDPR (data processing in the public interest) and Article 6(1)(f) of the GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 No. 4 of the GDPR which we use for questionnaire evaluation or for advertising purposes.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

In individual cases, we process your personal data 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 purposes of such advertising; this also applies to profiling, insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, we will no longer process your personal data for these purposes.

The objection can be made without any formalities and no costs other than the transmission costs according to the prime rates will be incurred. If possible, the objection should be sent to:

Hypergene GmbH
Alte Jakobstr. 83-84
10179 Berlin

or by e-mail to:
widerspruch@blueant.de

8. To what extent is there automated decision-making in individual cases, including profiling?

In the context of accessing our website or in the context of contacting us by form or e-mail, we do not use fully automated decision-making pursuant to Article 22 DS-GVO. Should we use these procedures in individual cases, we will inform you about this separately if this is required by law. We do not process your data automatically with the aim of evaluating certain personal aspects (profiling).

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

Within the scope of our website, you must provide the personal data that is required for the use of our website for technical or IT security reasons. If you do not provide the aforementioned data, you will not be able to use our website.

When contacting us via form or e-mail, you only need to provide the personal data that is required to process your request. Otherwise, we will not be able to process your request.

10. Newsletter

With the following information we inform you about our newsletter as well as the registration and dispatch procedure and inform you about your rights. If you subscribe to our newsletter, you agree to receive the newsletter and the described procedures.

We send our calendar of events and other e-mails with promotional information (hereinafter "newsletter") only with the consent of the recipients or on the basis of a legal basis. You will then receive our newsletter with information about Hypergene, about Blue Ant and our events.

The registration for our newsletter takes place in the so-called double opt-in process. This means that after registration for the newsletter, we will send you an e-mail in which we ask you to confirm your registration. This confirmation serves to ensure that only persons who actually have access to the e-mail address specified in the form register for our newsletter. We log the registrations to the newsletter in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. For the dispatch we use Sugar CRM, which is hosted on a server rented by us and located in Germany.

To subscribe to the newsletter, it is sufficient to enter your e-mail address. Optionally, we ask you to provide a name, for the purpose of personal address in the newsletter.

The newsletter is sent on the basis of the recipients' consent pursuant to Art. 6 (1a) DSGVO and Section 7 (2) No. 3 UWG or on the basis of the legal permission of Section 7 (3) UWG.

The logging of the registration process is based on our legitimate interests pursuant to Art. 6 para. 1f DS-GVO and serves as proof of consent to receive the newsletter.

You can cancel the receipt of our newsletter at any time, i.e. revoke your consent at any time with effect for the future. You will find a link to cancel the newsletter at the end of each of our newsletters. If users have only subscribed to the newsletter and cancelled this subscription, their personal data will be deleted.

11. Cookies

Cookies are pieces of information that are transmitted from our web server or third-party web servers to users' web browsers, where they are stored for later retrieval. Cookies are small files or other types of information storage. Cookies are used for security purposes or are necessary for the operation of our website (e.g. for the optimal display of the website on different end devices) or to store the decision you make when confirming our cookie banner.

We use "session cookies", which are only stored for the duration of the current visit to our website and partly enable the use of our online offer in the first place. In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and the storage period. Session cookies are deleted at the latest when you have finished using our website and close the browser.

We inform you about the use of cookies in the context of website tracking in the following sections.

If you do not want cookies to be stored on your computer, you can disable the corresponding option in the system settings of your browser. Stored cookies can be deleted in the system settings of the browser. Please note that the deactivation of cookies can lead to functional restrictions of this website.

You can object to the use of cookies used for website tracking and advertising purposes via the network advertising initiative https://optout.networkadvertising.org/?c=1 or the American website http://www.aboutads.info/choices or the European website http://www.youronlinechoices.com/uk/your-ad-choices/.

12. We use the following third-party providers on our website:

Vimeo

Vimeo is a service we use to host and display videos on our website. Cookies from Vimeo help to distinguish between bots and humans to provide more accurate statistics.

Service Name and Address: Vimeo.com, Inc. 330 West 34th Street, 5th Floor, New York, New York 10001, USA - https://vimeo.com/

Purpose of the service: improve user experience when playing embedded videos

Type of data collected: Device information, IP address, referrer URL, timestamp, browser information, pages visited.

Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO for the use of cookies, For the rest of the processing: Legitimate interest according to Art. 6 para. 1 lit. f DSGVO,

Data transfers: The information about the use of the service is also transmitted to servers of Vimeo in the USA. To secure the data transfers, we have concluded standard contractual clauses with the provider.

For more information on the cookies used by the Service, please see our Cookie Statement here.

Podbean

Podbean is a platform we use to host and play podcasts on our website. Podbean's cookies distinguish between bots and humans and help us improve statistical accuracy.

Service Name and Address: Podbean Tech Inc, 2810 N Church Street, STE 56077, Wilmington, DE 19802-4447 - https://www.podbean.com/

Purpose of the service: Improve the user experience when playing embedded podcasts.

Type of data collected: Device information, IP address, referrer URL, timestamp, browser information, pages visited.

Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO for the use of cookies, For the rest of the processing: Legitimate interest according to Art. 6 para. 1 lit. f DSGVO,

Data transfers: The information about the use of the service is also transferred to servers of Podbean in the USA. To secure the data transfers, we have concluded standard contractual clauses with the provider.

For more information about the cookies used by the service, please see our Cookie Statement here.

Upsales

Upsales is a CRM and marketing automation tool that we use to track how visitors interact with our website and what areas interest them. Upsales cookies help identify visitors, especially when they submit personal information through forms.

Service Name and Address: Upsales AB, 22 Long Acre, Covent Garden, London WC2E 9LY, UK - https://www.upsales.com/

Purpose of the service: improve user experience, identify users while visiting the website, web analytics and traffic measurement.

Type of data collected: Device information, IP address, browser information, pages visited, date and time of page view, referrer URL.

Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO

Data transfer: The information about the use of the Service is also transferred to servers of Upsale's IT suppliers. To secure the data transfers, Upsale has concluded standard contractual clauses with the IT suppliers, see here: https://www.upsales.com/privacy-policy/

For more information about the cookies used by the service, please see our Cookie Statement here.

LinkedIn

LinkedIn is a social media platform where professionals network and share experiences. LinkedIn cookies help serve ads to visitors of our website and help with statistical analysis.

Service Name and Address: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland - https://www.linkedin.com/

Purpose of the service: advertising, web analytics service

Type of data collected: Device information, IP address, referrer URL, timestamp, browser information.

Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO

Data transfers: Information about the use of the service is also transmitted to LinkedIn servers in the USA. To secure the data transfers, we have concluded standard contractual clauses with the provider.

For more information on the cookies used by the Service, please see our Cookie Statement here.

Hotjar

Hotjar is a tool we use to monitor visitor behavior through heatmaps and records of behavior patterns. Hotjar cookies track and evaluate user behavior on our website.

Service Name and Address: Hotjar Ltd, Dragonara Business Centre, 5th Floor, Dragonara Road, Paceville St Julian's STJ 3141, Malta - https://www.hotjar.com

Purpose of the service: website heatmaps and analysis

Type of data collected: IP address, browser type, referrer URL and domain, website language, device screen resolution, device manufacturer and model, device operating system type and version, device geographic location (country), mouse events (movements, position, clicks), keystrokes, pages visited, date and time of pages viewed.

Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO

Data transmission: The information about the use of the service is also transmitted to servers of Hotjar in the USA. To secure the data transfers, we have concluded standard contractual clauses with the provider.

For more information on the cookies used by the Service, please see our Cookie Statement here.

Bing Ads

Bing Ads is a service we use to manage the display of advertisements on the Bing.com website. Cookies from Bing Ads enable targeted advertising to our site's visitors.

Service Name and Address: Microsoft Ireland Operations Ltd, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland – www.microsoft.com

Purpose of service: Advertising, Web analytics service

Type of data collected: Consent data, MSCLKID, Browser language, Clicked advertisements, GUID generated by UET tag, IP address, Microsoft cookie, Page title, Referrer URL, Screen color depth, Screen resolution, UET ID tag, Page load time, Publisher/URL accessed

Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO

Data transfer: The information about the use of our website may be transferred to a Microsoft server in the USA and stored there. Microsoft complies with the EU-U.S., UK Extension to the EU-U.S., and Swiss-U.S. Data Privacy Frameworks.

For more information on the cookies used by the Service, please see our Cookie Statement here.

Google Analytics

Google Analytics helps analyze visitor trends and behaviors. Cookies from Google Analytics improve our ability to analyze these trends.

Service Name and Address: Google Analytics, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland - www.google.com

Purpose of the service: advertising, web analytics service

Type of data collected: Google client ID, click path, date and time of visit, device information, location information, IP address, pages visited, referrer URL, browser information, host name, browser language, browser type, screen resolution, device operating system, interaction data, user behavior, URL visited.

Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO

Data transfers: The information about the use of our website is usually transferred to a Google server in the USA and stored there. Google is certified in accordance with the EU-U.S. Data Protection Framework (DPF) and thus offers a guarantee of compliance with European data protection law (https://www.dataprivacyframework.gov/s/).

How you can prevent cookies from Google Analytics: You can prevent cookies from being stored by rejecting them in our cookie banner or by setting your browser software accordingly; you can also prevent the collection of data generated by the cookie and related to your use of the website from Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?..

Google Analytics Remarketing: We use Google Analytics Remarketing to display the ads we place with Google or its partners only to those users who have also shown or might have shown an interest in our website (so-called "remarketing"). With the help of remarketing, we want to ensure that our ads correspond to the interests of the users and do not have a harassing effect. You can permanently object to cross-device remarketing/targeting by deactivating personalized advertising in your Google account; follow this link: https://www.google.com/settings/ads/onweb/.

Further information on data processing by Google, setting and objection options can be found on Google's websites at https://policies.google.com/technologies/partner-sites.

For more information, please see Google's privacy policy at https://www.google.de/intl/de/policies/privacy/.

For more information on the cookies used by the Service, please see our Cookie Statement here.

Google Ads

Google Ads manages the display of advertisements on the Google.com website. Google Ads cookies enable targeted advertising for visitors to our website.

Service Name and Address: Google Ads, Google Building Gordon House, 4 Barrow Street, Dublin D04 E5W5, Ireland - www.google.com

Purpose of the service: advertising, web analytics service

Type of data collected: Gclid, ads viewed, cookie ID, date and time of visit, device information, geographic location, IP address, search terms, ads viewed, impressions, online identifiers, browser information.

Legal basis: Consent according to Art. 6 para. 1 lit. a DSGVO

Data transfer: The information about the use of our website is usually transferred to a Google server in the USA and stored there. Google is certified in accordance with the EU-U.S. Data Protection Framework (DPF) and thus offers a guarantee of compliance with European data protection law (https://www.dataprivacyframework.gov/s/).

Cookie opt-out: It is possible to object to interest-based advertising by Google. To do this, you must call up the link www.google.de/settings/ads in every Internet browser you use (on every device) and make the desired settings there. If you wish to object to Google's interest-based advertising, you can use the opt-out options provided by Google: http://www.google.com/ads/preferences.

For more information and the applicable Google privacy policy, please visit https://policies.google.com/technologies/partner-sites and https://www.google.de/intl/de/policies/privacy/.

For more information on the cookies used by the Service, please see our Cookie Statement here.

Google Tag Manager

Google Tag Manager is a service that organises the loading of further tools - in particular analysis tools.

Service name and address: Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland - – www.google.com

Purpose of service: Enable loading of other tools.

Legal basis: Legitimate interest pursuant to Art. 6 para 1 lit. f GDPR

Type of data collected: IP address

Data transfers: The information about the use of our website is usually transferred to a Google server in the USA and stored there. Google is certified under the EU-U.S. Data Protection Framework (DPF) and thus offers the guarantee to comply with European data protection law (https://www.dataprivacyframework.gov/s/).

Further information and the applicable data protection provisions of Google can be found at https://policies.google.com/technologies/partner-sites and https://www.google.de/intl/de/policies/privacy/.