How BackHub protects your privacy
Your privacy is critically important to us. We, BackHub UG (haftungsbeschränkt), have a few fundamental principles:
- We don’t ask you for personal information unless we truly need it.
- We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don’t store personal information on our servers unless required for the on-going operation of one of our services. If you have questions about deleting or correcting your personal data please contact us.
BackHub UG (haftungsbeschränkt) (hereinafter “BackHub”) operates the software as a service at backhub.co (hereinafter referred to as “Website”). It is BackHub’s policy to respect your privacy regarding any information we may collect while operating our website, products and services.
The use of our Website is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
Name and Address of the Controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
BackHub UG (haftungsbeschränkt)
Phone: +1 (415) 992-6444
Name and address of the external data protection officer
Maik Müller, CIPP/E
c/o PSW GROUP Consulting GmbH & Co. KG
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person, whose personal data are processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or to predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Collection of General Data and Information
Our website collects a series of general data and information, when a data subject or an automated system calls up the website. This general data and information are stored in the log files of the server. Collected may be
- the browser types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system reaches our website (so-called referrers),
- the sub-websites, which are controlled by an accessing system on our website,
- the date and time of access to the Internet site,
- an Internet protocol address (IP address),
- the Internet service provider of the accessing system and
- any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to
- deliver the content of our website correctly,
- optimize the content of our website as well as its advertisement,
- ensure the long-term viability of our information technology systems and the technology of our website, and
- provide the law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
Therefore, BackHub analyzes these anonymously collected data and information, on one hand, statistically and besides with the aim of increasing the data protection and data security of our enterprise and, ultimately, to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
Processing and use of Personal Data
We process personal data with the aim, to ensure an optimal level of our website, our content and our services. The processing of personal data occurs only with your consent. Certain visitors of our website and users of our services choose to interact with BackHub in ways that require BackHub to gather personal data. The amount and type of information that BackHub gathers depends on the nature of the interaction.
Therefore we only process personal data, if you are disclose this data to us, when you sign-up or contact us through email.
The data subject has the possibility to register to our website with the provisions of personal data. Which personal data are transmitted to BackHub is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by BackHub and for his own purposes. BackHub may request the transfer to one or more processors, for example, a parcel service, who also uses the personal data for an internal use, which is attributable to BackHub.
By registering on the website of BackHub, the IP address assigned by the Internet service provider (ISP) and used by the data subject, date and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure BackHub. This data are not passed on to third parties, unless there is a statutory obligation to pass on the data or the transfer serves the aim of the criminal prosecution.
The registration of the data subject with the voluntary provision of personal data is intended to enable BackHub to offer the person concerned contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of BackHub.
BackHub shall at any time provide information on the request to each data subject as to what personal data are stored about the data subject. In addition, BackHub shall rectify or erase personal data on the request or at indication of the data subject, insofar as there are no statutory storage obligations.
Our Website is using Cookies. Cookies are text files that are stored in a computer system via an Internet browser.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
Purposes and legal basis for our processing of Data
The legal basis for the processing of personal data is your consent pursuant to Art. 6 (1) sentence 1 point (a) GDPR. You are then able to provide further personal data voluntarily or to permit third parties to transfer these to us and to store these with us for use in the context of using our services, in particular where you provide consent to the transfer of such personal data to third parties for the purpose of registering with third parties or the administration of your legal relationship to these third parties.
The basis for data processing is further Art. 6 (1) (b) DSGVO, which allows us the processing of data to fulfill a contract or for measures preliminary to a contract. In the context of our agreement with you, we also process personal data in order to show you use that has already taken place in the recent past and to make corresponding suggestions for further use. The legal basis for the processing of such Data is Art. 6 (1) sentence 1 point (b) GDPR, since such processing is necessary for the performance of the agreement entered into between you and us.
Finally, we also process personal data in your and our interest in order to ensure the integrity, trustworthiness and availability of the data processing systems, i.e. in particular the security and availability of your personal data with BackHub. The legal basis for the processing of such personal data is Art. 6 paragraph 1 no. 1 point (f) GDPR; our legitimate interest is the maintenance and the secure provision of our services.
Routine Erasure or Restriction of Processing of Personal Data
BackHub shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or as far as this is granted by the legislator or by other legislators in laws or regulations, to which BackHub is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
Data Protection Provisions for the use of Google Analytics (with anonymization Function)
On this website we have integrated the component of Google Analytics (with Anonymization function). Google Analytics is a web analytics service. Web Analytics is the collection, gathering and analysis of data about the behavior of visitors to websites. A Web analysis service collects, inter alia, data about from which website a person has come to another website (the so-called referrer), which sub-pages were visited or how often and for what duration a sub-page was viewed. Web Analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operation company of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics BackHub uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymized when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. What cookies are is explained above. With the setting of the cookie Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this website, which is operated by BackHub and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google-Analytics component for the purpose of online advertising and the settlement of commissions to Google. In course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent that Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted anytime via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under google.com/intl/en/policies/privacy and under google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link google.com/analytics.
Notwithstanding the possibility to install the browser add-on above mentioned, you can klick the following link Deactivate Google Analytics for this website and set an opt-out-cookie to block the collection of personal data by Google Analytics. This cookie is working only within this browser and for this domain. If you delete your browser cookies, then you delete this opt-out-cookie too and you have to klick the link again.
Rights of the Data Subject
Right of confirmation
Each data subject shall have shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may at any time contact us.
Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European legislator grants the data subject access to the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the existence of the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may at any time contact us.
Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may at any time contact us.
Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies and as long as the processing is not is necessary:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based according to point (a) of Article 6 (1) of the GDPR, or point (a) of Article 9 (2) of the GDPR, and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Article 21 (1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 (2) of the GDPR.
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected in relation to the offer of information society services referred to in Article 8 (1) of the GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to request the erasure of personal data stored by BackHub, he or she may at any time contact our data protection officer or another employee of the controller. We shall promptly ensure that the erasure request is complied with immediately.
Where BackHub has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, BackHub, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. We will arrange the necessary measures in individual cases.
Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
- The accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data.
- The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the abovementioned conditions is met and a data subject wishes to request the restriction of the processing of personal data stored by BackHub, he or she may at any time contact us. We will arrange the restriction of the processing.
Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided as long as the processing is based on consent pursuant to point (a) of Article 6 (1) of the GDPR or point (a) of Article 9 (2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20 (1) of the GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact us.
Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6 (1) of the GDPR. This also applies to profiling based on these provisions.
BackHub shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
If BackHub processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to BackHub to the processing for direct marketing purposes, BackHub will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by BackHubfor scientific or historical research purposes or statistical purposes pursuant to Article 89 (1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may directly contact us. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Automated individual decision-making in specific case, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, BackHub shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact us.
Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may at any time directly contact us.
Right of complaint to a regulatory authority
Notwithstanding alternative administrative or legal proceedings the data subject has the right of complaint to a regulatory authority in the state of residence, employment or the member state where the alleged violation occurs.
The regulatory authority is informing the complainant about the status and the results of the complaint including the possibility to appeal pusuant to Article 78 of the GDRP.