Privacy policy
With this data protection declaration, we would like to inform you in accordance with Art. 13 and 14 of the General Data Protection Regulation (GDPR) about how our company processes personal data, as well as inform you about your rights. The processing of your personal data by us is carried out in compliance with the GDPR, as well as all other applicable data protection regulations. The terms used, such as "user", are to be understood as gender-neutral.
I. Name and contact details of the responsible person
Pink Internet GmbH
Boxhagener Strasse 71E
10245 Berlin
E-mail: hello@femtasy.com
Contact details of the data protection officer: datenschutz@femtasy.com
II. Definitions
This privacy policy uses the terms of the GDPR.
III. Categories of personal data
We collect and process the following personal data about you: (i) inventory data and contact information (e.g. names and contact addresses), if you provide us with your contact information, (ii) contract data (e.g. services used or tariffs), if a contract exists, (iii) usage data (e.g. the web pages visited on our online offer, interest in our products), (iv) content data (e.g. entries in the contact form or user profile), if you provide us with content, (v) payment information, (vi) as well as personal data on education and professional experience for application procedures, (vii) date of birth and marital status.
IV. Processing purposes
We process your data for one or more of the following purposes:
- for the contact you have requested,
- to process or initiate contracts with you,
- for advertising purposes ,
- for statistical evaluations and analysis, and/or
- for the security of our website (log files);
V. Legal basis of the data processing
Your data is processed in accordance with the following legal bases: your consent in accordance with Art. 6 Para. 1 lit. a) GDPR or, if applicable, Art. 9 Para. 2 lit. a) GDPR, for the performance of a contract with you in accordance with Art. 6 Para. 1 lit. b) GDPR, for the fulfilment of legal obligations in accordance with Art. 6 Para. 1 lit. c) GDPR or for a legitimate interest in accordance with Art. 6 Para. 1 lit. f) GDPR.
The legal basis for processing your data in accordance with the stated processing purposes is:
- Contact: If you wish to contact us, for example via an e-mail message or through our contact form, the legal basis is Art. 6 para. 1 lit. f) GDPR. We have a legitimate interest in fully processing your contact. Since you are contacting us, we assume that there are no interests on your part that conflict with our processing of your request. If the contact is aimed at the conclusion of a contract or the fulfilment of a contract, the legal basis for the processing is Art. 6 para. 1 lit. b) GDPR. If consent has been given, the legal basis for the processing of the contact is Art. 6 para. 1 lit. a) GDPRor, if applicable, Art. 9 para. 2 lit. a) GDPR.
- Contracts: The legal basis for the processing of your personal data for the execution or initiation of contracts is Art. 6 para. 1 lit. b) GDPR. This includes the processing of your user account data, unless another described processing purpose (and the corresponding legal basis) applies and is relevant. In the context of registration and renewed logins as well as the use of our online services, we store the IP address and the time of the respective user action: This storage is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR, as well as the interest of the users in protection against misuse and other unauthorised use cases. If we process sensitive data for the performance of the contract, the legal basis for the processing is your consent in accordance with Art. 9 (2) a) GDPR. In addition, we also process your data in accordance with the statutory provisions, such as those arising from tax law. This type of processing is lawful according to Art. 6 para 1 lit. c) GDPR. In the case of applications that do not lead to a contractual relationship, we have a legitimate interest, pursuant to Art. 6 (1) (f) GDPR, to keep track of the application data for a limited period of time in order to enforce our legal claims or defend ourselves against lawsuits.
- Advertising purposes: We process your personal data for advertising purposes if we have your consent pursuant to Art. 6 (1) a) GDPR. This is, among other things, the case of newsletters. When sending our newsletter, technical success measurements take place, for example, to track whether, when and from which IP address messages were read. In some cases, the processing of your personal data may take place due to our legitimate interest (Art. 6 para. 1 lit. f) GDPR) in advertising our products, for example if you are an existing customer of our company (see also recital 47 GDPR and § 7 UWG). In these cases, we process usage and content data for advertising purposes in a user profile, for example, in order to display product information to the user based on the services used to date.
- Statistical evaluations and analysis: We process your personal data for statistical evaluations and analysis of our website (for example, via cookies and other technologies) as well as our services if we have your consent pursuant to Art. 6 (1) a) GDPR. Due to the necessity of accounting, an indirect statistical evaluation of your personal data could occur due to a legal obligation (Art. 6 para. 1 lit. c) GDPR). Furthermore, a processing of your data could take place for the purpose of statistical evaluation of the key figures of our economic activity. This represents a legitimate interest of our company according to Art. 6 para. 1 lit. f) GDPR, as it enables us to carry out financial planning and allocate economic resources.
- Security of our website: Each time our website is accessed, usage data is transmitted by the respective internet browser and stored in log files, the so-called server log files. The data records stored are the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. These log file data records are evaluated in order to protect our website against attacks, to find and correct errors and to control the utilisation of servers. This is also our legitimate interest according to Art. 6 para. 1 lit. f) GDPR.
VI. Legitimate interests
Unless otherwise stated in this privacy policy and if we base the processing of your personal data on legitimate interests pursuant to Art. 6 (1) lit. f) GDPR, such interests are the protection against misuse, the enforcement of our legal claims, the adaptation of our offer and the processing of enquiries that arise.
VII. Data sources
We obtain the data from you (including via the devices you use). If we do not collect the personal data directly from you, we will also tell you the source of the personal data and, if applicable, whether it is from publicly available sources.
VIII. Recipients or categories of recipients of the personal data
When processing your data, we work together with service providers who have access to your data. Possible recipients of your personal data are: (i) software companies that enable us to provide our services, help us to improve them and/or serve us for marketing purposes (for example, to send newsletters, emails, manage customer contacts or applications); (ii) public bodies and administrations, insofar as we are legally obliged to do so; (iii) payment service providers; (iv) hosting providers; (v) social media platforms; (vi) service companies, such as tax advisors or lawyers.
For the purpose of fulfilling the contract, we may also transfer your personal data to anyone to whom we assign rights arising from the contractual relationship with you.
Some of the recipients of your personal data are:
Algolia
We use Algolia to optimize our internal search function. Personal data may be disclosed in the process. We use the aforementioned services to optimize our search results.
https://www.algolia.com/policies/privacy/
Chargebee
We use Chargebee to process payments. Personal data may be passed on in the process. We use the above services to sell our services online.
https://www.chargebee.com/privacy/
Facebook & Instagram
We integrate content from Facebook on our website. Personal data may be passed on in the process. The integration of content serves us for analysis, optimisation and advertising purposes. We also operate a profile on Facebook and Instagram.
https://www.facebook.com/about/privacy
https://help.instagram.com/519522125107875
Google Ireland Limited
We include Google services on our website to (i) analyse the use of our website, (ii) manage tags, (iii) and for other analysis, optimisation and advertising purposes. In doing so, personal data may be passed on to Google. We use the aforementioned services to (i) understand the use of our website and (ii) to manage analysis tools (Google Tag Manager).
https://policies.google.com/privacy?hl=de
Hotjar
We integrate services from Hotjar on our website. In doing so, personal data may be passed on to Hotjar. We use these services to analyse the use of our website.
https://www.hotjar.com/legal/policies/privacy/
insic GmbH
We use technology from insic GmbH, Bei der Doppeleiche 3, 22926 Ahrensburg ("insic") to carry out the age verification. The integration of insic takes place via a server call within the EU.
https://insic.de/datenschutzbestimmungen
Klaviyo
We integrate services from Klaviyo on our website. Personal data may be passed on in the process. The integration of Klaviyo is used for analysis, optimisation and advertising purposes.
https://www.klaviyo.com/legal/privacy-policy
Linkster
We use the services of Linkster GmbH. Personal data may be passed on in the process. We use the aforementioned services to measure and visualise insights into partnerships and advertising channels. This is a function to measure the efficiency of the corresponding advertising measures.
https://linkster.co/datenschutz/
Matomo
We use the services of Matomo (InnoCraft Ltd). Personal data may be passed on in the process. We use these services to analyse the use of our website.
https://matomo.org/matomo-cloud-privacy-policy/
PayPal
We use PayPal to process payments. Personal data may be passed on in the process. We use the above services to sell our services online.
https://www.paypal.com/de/webapps/mpp/ua/privacy-full
We integrate content from Pinterest on our website in order to display personalised advertisements on this platform and to carry out a corresponding measurement of success. Personal data may be passed on in the process.
https://policy.pinterest.com/de/privacy-policy
Segment
We integrate services from Segment on our website. Personal data may be passed on in the process. The integration of Segment is used for analysis, optimisation and advertising purposes.
https://www.twilio.com/legal/privacy
Snapchat
We integrate content from Snapchat on our website. Personal data may be passed on in the process. The integration of content is used for analysis, optimisation and advertising purposes.
https://www.snap.com/en-US/privacy/privacy-center
Stripe
We use Stripe to process payments. Personal data may be passed on in the process. We use the above services to sell our services online.
Taboola
We include content from Taboola on our website. Personal data may be passed on in the process. The integration of content is used for analysis, optimisation and advertising purposes.
https://www.taboola.com/policies/privacy-policy
Typeform
We use services from Typeform to manage forms. Personal data may be passed on in the process. We use these services to provide complete and user-friendly products and processes.
https://admin.typeform.com/to/dwk6gt(select "Privacy Policy")
IX. International data transfers
There is a transfer of data to third countries outside the European Union or the European Economic Area. Information we collect from you could be processed in the United States or other third countries. Some third countries, such as the United States, have not currently received an adequacy decision from the European Union under Article 45 of the GDPR, which means that your data may not receive the same level of protection there as it does under the GDPR.
International data transfers usually take place on the basis of contractual or other regulations provided for by law, which are intended to ensure adequate protection of your data and which you can view on request. In doing so, we rely on the provisions set out in Article 49 of the GDPR or, where applicable, on safeguards pursuant to Article 46 of the GDPR. We and our processors aim to apply appropriate safeguards to protect the privacy and security of your personal data. Therefore, we only process your personal data in accordance with the practices described in our Privacy Policy.
X. Storage period
We store your personal data only as long as it is necessary to achieve the purpose of processing. We store your data if you have consented to the processing at most until you revoke your consent, if we need the data to perform a contract at most as long as the contractual relationship with you exists, if we use the data on the basis of a legitimate interest at most as long as your interest in deletion or anonymisation does not prevail.
In addition, data may be stored if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the person responsible is subject. In these cases, the data is deleted when a storage or retention period prescribed by the aforementioned standards expires. Among others, the provisions of the HGB and the AO apply.
We store applicant documents for a period of six months if the application does not lead to an employment relationship and no further storage has been agreed. This period results from possible lawsuits against the responsible person according to the General Equal Treatment Act (AGG).
We store server log files for a maximum of seven days.
XI. Your rights
As a data subject, you may have the right under applicable data protection law to:
Information, in accordance with Art. 15 of the GDPR,
Rectification, in accordance with Art. 16 of the GDPR,
Data erasure ("right to be forgotten"), in accordance with Art. 17 of the GDPR,
Limitation of processing, pursuant to Art. 18 GDPR,
Data portability, in accordance with Art. 20 GDPR and/or
Objection to the processing, pursuant to Article 21 of the GDPR.
Information on the right to object pursuant to Art. 21 (4) GDPR
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) or (f) GDPR; this also applies to profiling based on these provisions. We shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
If your personal data is 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; this also applies to profiling insofar as it is related to such direct marketing.
Revocation of consent
You also have the right to withdraw consent to the processing of personal data at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
XII. Right of appeal to a supervisory authority
Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR or other data protection provisions.
XIII. Requirement or obligation to provide data
Unless expressly stated at the time of collection, the provision of data is not required or obligatory. Such an obligation may result from legal requirements or contractual regulations. Failure to provide required personal data generally results in a contract not being able to be concluded and/or in us not being able to provide a requested service. Our employees will clarify on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
XIV Automated decisions
We do not use automated decision-making mechanisms, including profiling, that have legal effect on the data subject or similarly significantly affect the data subject.
XV. Data security
We take organisational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorised persons. The security measures include in particular the encrypted transmission of data between your browser and our server.
XVI Cookies
Our website uses cookies and similar technologies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user calls up a website, a cookie may be stored on the user's operating system. Cookies contain a characteristic string of characters that can uniquely identify the browser when the website is called up again. Similar technologies are used to refer to other technical tools that enable the identification of website visitors, such as tracking pixels.
Technically necessary cookies and technologies are those without which our website cannot function and be used. This category only includes cookies and technologies that ensure basic functions and security features of the website. Technically necessary cookies and technologies can be set without the user's consent.
Non-essential cookies are all cookies and technologies that are not particularly necessary for the functioning of the website and are used specifically to collect personal data from the user via analytics, ads and other embedded content. Non-essential cookies and technologies (for example, cookies for marketing, advertising or customer analysis purposes) require the consent of the website visitor.
Please refer to our cookie banner to see which cookies and technologies we use and for what purpose.
By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for the website, it may no longer be possible to use all the functions of the website to their full extent.
We use the services of CookieHub. Personal data may be disclosed in the process. We use these services to allow you to refuse or accept our cookies.
https://www.cookiehub.com/legal/privacy-policy
XVII Status of this Privacy Policy & Changes
We reserve the right to change this privacy policy at any time with effect for the future.
Status: 26 April 2021
