In accordance with EU General Data Protection Regulation (GDPR) for the websites of OpenCloud GmbH

We at OpenCloud GmbH take data protection very seriously. We have specialized in the secure exchange of data and the protection of privacy since 1992. Data protection is therefore not an annoying evil for us, but a political conviction, task and mission. Nevertheless, we also have to collect and store certain data in order to ensure the smooth operation of our servers and thus the security of your data. We must also be able to answer your questions in order to prove that our systems are working properly and that we have provided you with our services. In the following, we will fully disclose to you where, how long and for what purpose we process data.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the German data protection regulations applicable to OpenCloud GmbH. With this data protection notice, we would like to inform you about the type, scope and purpose of the personal data we collect, use and process. We also use this privacy policy to inform you about the rights to which you are entitled.

As the controller, OpenCloud GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone.

1. Definitions

The OpenCloud GmbH privacy policy is based on the terminology used by the European legislator for directives and regulations when the General Data Protection Regulation (GDPR) was adopted. Our data protection information should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms, among others, in this privacy policy:

• Personal data

  This includes all information relating to an identified or identifiable natural person (hereinafter "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

  A data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

• Processing

  This means 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 organization, 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 future processing.

• Profiling

  Profiling is 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 analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

• Pseudonymization/anonymization

  This refers to 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 organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

• Controller or controller responsible for the processing

  This 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

  Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

• Recipient

  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.

• Third party

  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 authorized to process personal data.

• Consent

  Consent 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.

   

2. Name and address of the body according to GDPR:

OpenCloud GmbH
Schwedter Straße 9a
10119 Berlin
Germany

Email: mail@opencloud.eu
Website: https://opencloud.eu

3. Collection of general data and information

Our web servers collect a series of general data and information each time our website is accessed. This general data and information is stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.

When using these general data and information, the OpenCloud GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. This anonymously collected data and information is therefore evaluated by us both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The data of the server log files are stored separately from all personal data provided by a data subject.
 

4. Cookies and website analysis with Matomo

We use "Matomo" on our websites, an open source software for the statistical analysis of visitor access. We operate our own Matomo system because we expressly want to avoid the usual external analysis by Google Analytics. We use Matomo to analyze where visitors to our website come from, what content is relevant to them and where there may be problems on our website. We analyze the results of our marketing measures in order to measure their effectiveness. We also analyze the movement of our visitors on the website to better understand where we can make improvements. We do not specifically monitor our users as identifiable persons. All data, including the IP address, is stored exclusively in anonymized/pseudonymized form. Matomo is operated by us without cookies.

 

5. Contact options via the websites

Due to legal regulations, the OpenCloud GmbH website contains information that enables quick electronic contact to our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If you contact us by e-mail or via a contact form, the personal data you provide will be stored automatically. Such personal data transmitted by you to us on a voluntary basis will be stored for the purpose of processing or contacting you.

Your inquiries will be processed by us or our sales partners. We have carefully selected our sales partners and concluded an order processing contract with them in accordance with the GDPR to ensure data protection.

6. Processing, routine erasure and lock-up of personal data

We process and store personal data only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. The criterion for the duration of the storage of personal data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation.

If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions. In detail, you will find our respective deletion periods for the different data categories here:

Type: web server/web portal/administrative interface

• Stored data: IP address, session IDs, identifiers transmitted by the browser such as browser version, screen size, etc.
• Purpose: Protection against misuse and unauthorized access, troubleshooting of technical problems, improvement of our offers and products
• Data is deleted: after 4 days, anonymized count data: after 2 years
• Accessed by: System administration, support/helpdesk, programmers, anonymized count data: Marketing

Type: customer support

• Stored data: Emails incl. content and any attachments in the ticket system
• Optional data: If provided by you, also street/house number, postcode/city, country, optional callback telephone number, alternative email address, list of desired newsletters.
• Purpose: Provision of customer support services, traceability, provability and documentation of contracts and agreements
• Data is deleted: 2 years after the end of the calendar year (statutory limitation claims)
• Accessed by: System administration, support/helpdesk, programmers

Type: Matomo web analysis

• Processed data: IP address (anonymized), Other data transmitted by your browser
• Purpose of processing: Counting and displaying access to, as well as analysis and improvement of our websites.
• Data will be deleted after: 2 years
• Access to the data: Employees of the marketing department, system administrators

Type: Mastodon instance

• Stored data: Time of access, IP address, session IDs, identifiers transmitted by the browser such as browser version, screen size, etc.
• Purpose: Protection against misuse and unauthorized access, troubleshooting of technical problems, improvement of our offers and products
• Data is deleted: after 4 days, anonymized count data: after 2 years
• Accessed by: System administration, support/helpdesk, programmers, anonymized count data: Marketing

Cookies are used for the functionality of our Mastodon instance. These are purely technical cookies that are used to recognize users or, for registered users, to navigate to different subpages of the instance without having to log in again each time. None of the cookies used serve to analyze and/or track the usage behavior of the data subjects. All cookies used are exclusively so-called session cookies.

If you use a Mastodon account yourself and thus follow an account on our Mastodon instance, it is necessary for the functionality of Mastodon to process and store this information. Mastodon displays this information on the respective profile page.

• If you interact with an account on this Mastodon instance, it is necessary to process and store or cache this information. This data includes your own details such as your account name and profile picture as well as the type of interaction, e.g. your comment.
• The data you enter on Mastodon, in particular your profile name and the content published under your account, will be processed by us to the extent that we may retoot your toots or reply to them or write toots from us that refer to your account. The data published and disseminated by you on Mastodon is thus included by us in our offer and made accessible to our followers.
• Other Mastodon instances transmit information to us, such as comments and other interactions. We process this information and store it temporarily. The other Mastodon instances also inform us if they have deleted a comment, for example. Our Mastodon instance then also deletes this automatically.
• The recipient of publications is the public, i.e. potentially everyone. If you share or recommend a post on Mastodon, this is visible to everyone who follows you. If you reply to our posts, you can set yourself (as with your own posts) for whom this is visible.

7. Overview of your rights

Right to confirmation

Every person affected by the processing of personal data has the right to obtain confirmation from us as to whether personal data concerning them is being processed. This data protection notice already transparently discloses all processing reasons and locations. If you would still like to exercise your right to confirmation, please write to our customer support. Processing these requests involves considerable effort. We kindly ask you to refrain from fun requests.

Right to information

Every person affected by the processing of personal data has the right to receive free information from us at any time about the personal data stored about them and a copy of this information. This information includes:

• the purposes of the processing
• the categories of personal data being processed
• the recipients or categories of recipients 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, where this is 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 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 the source of the data
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and 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. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.

We already provide you with a large part of this information in this privacy policy. In the settings areas of our providers, you will find a data protection information portal that summarizes your additional data stored by us in a retrievable form.

Right to rectification

Every person affected by the processing of personal data has the right to demand the immediate rectification of incorrect personal data concerning them. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If you wish to exercise this right to rectification, please write to our customer support.

Right to erasure (right to be forgotten)

Each data subject shall have the right 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, as long as the processing is not 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 Art. 8(1) GDPR.

If one of the aforementioned reasons applies, and you wish to request the erasure of personal data stored by the OpenCloud GmbH, please contact our customer support.

If the personal data have been made public by the OpenCloud GmbH, and our company as the controller is obliged pursuant to Art. 17 (1) GDPR, OpenCloud GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary. Our customer support will take the necessary steps in individual cases.

Right to restriction of processing

Any data subject affected by the processing of personal data has the right 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 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 defense of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and you wish to request the restriction of the processing of personal data stored by OpenCloud GmbH, please contact our customer support.

Right to data portability

Each data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where 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, unless the processing is 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 when doing so does not adversely affect the rights and freedoms of others.

Right to object

Each data subject shall have the right 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. The OpenCloud GmbH 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 the OpenCloud GmbH 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 also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the OpenCloud GmbH to the processing for direct marketing purposes, the OpenCloud GmbH will no longer process the personal data for these purposes. OpenCloud GmbH does not, however, process 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 the OpenCloud GmbH for scientific or historical research purposes, or for 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. OpenCloud GmbH does not, however, process personal data for these purposes.

To exercise your right to object, please write to our customer support.

Automated decisions in individual cases including profiling

Each data subject shall have the right 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, if the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is 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 based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the OpenCloud GmbH 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 contest the decision. OpenCloud GmbH does not, however, process personal data for these purposes.

Right to revoke consent under data protection law

Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time. If you wish to exercise your right to withdraw consent, please write to our customer support. Please note that revoking your consent under data protection law may make it impossible to continue your contract with us.

 

8. Data protection in the case of applications and in the application process

OpenCloud GmbH collects and processes the personal data of applicants for the purpose of handling the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits the relevant application documents to us electronically, for example by email or via a web form on the website. If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the controller.

 

9. Marketing, market research

We use the email addresses, postal addresses and telephone numbers of our prospective and existing customers for consulting and self-promotion of our products and services. For this purpose, we use subcontractors with whom we have concluded AV contracts, among others. The legal basis for this is the legitimate interest pursuant to Art. 6, para. 1 f GDPR. Consent is obtained in advance for telephone advertising. You have the option to object to this processing at any time. To object, send an email to privacy@opencloud.eu.

 

10. Legal basis of processing

• Art. 6 (I) (a) GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service or consideration, the processing is based on Art. 6 (I) (b) GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (I) (c) GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 (I) (d) GDPR. Ultimately, processing operations could be based on 6 (I) (f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 (2) GDPR).
• If the processing of personal data is based on Article 6 (I) (f) GDPR, our legitimate interest is the performance of our business activities and the provision of services.
• We hereby inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will clarify to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
• As a responsible company, we do not use automated decision-making or profiling.

11. Our data protection officer

A company data protection officer has been appointed for our company. You can reach our data protection officer at:

privacy@opencloud.eu

As of: 23 Nov. 2024