We, Memberkeys GmbH, Thalkirchnerstr. 56, 80337 Munich, together with our subsidiaries (hereinafter collectively: "the company", "we" or "us") take the protection of your personal data seriously and would like to inform you here about the data protection in our company.
Within the scope of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") in order to ensure the protection of personal data of the person affected by a processing operation (we also refer to you as the data subject hereinafter as "customer", "user", "you", "you" or "data subject").
Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Art. 13 and 14 DS-GVO). With this declaration (hereinafter: "data protection notice"), we inform you about the manner in which your personal data is processed by us.
Our data protection information has a modular structure. It consists of a general part for all processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, the content of which only relates to the processing situation specified there with the designation of the respective offer or product, in particular the visit to websites as detailed here (B. Visit to websites).
Following the example of Art. 4 of the GDPR, this data protection notice is based on the following definitions:
• "Personal data" (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).
• Processing" (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e. acquisition), recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended use on which a data processing was originally based.
• "Controller" (Art. 4 No. 7 DS-GVO) means 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.
• "Third party" (Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who are authorised to process the personal data under the direct responsibility of the controller or processor; this also includes other group-affiliated legal entities.
• "Processor" (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In the sense of data protection law, a processor is in particular not a third party.
• "Consent" (Art. 4 No. 11 GDPR) of the data subject means any freely given specific, informed and unambiguous indication of his or her wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
(2) the name and address of the controller
We are the controller for the processing of your personal data within the meaning of Art. 4 No. 7 DS-GVO:
Memberkeys GmbH Thalkirchnerstr. 56 80337 Munich +49 170 4157669 firstname.lastname@example.org
For further information on our company, please refer to the imprint details on our website.
(3) Contact details of the data protection officer
Our company data protection officer is available at all times to answer any questions you may have and to act as your contact person on the subject of data protection at our company. His contact details are:
Memberkeys GmbH Thalkirchnerstr. 56 80337 Munich email@example.com
(4) Legal basis for data processing
In principle, any processing of personal data is prohibited by law and only permitted if the data processing falls under one of the following justifications:
• Art. 6 para. 1 sentence 1 lit. a DS-GVO ("consent"): If the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous affirmative action that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
• Art. 6 para. 1 p. 1 lit. b DS-GVO: If the processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject;
• Art. 6 para. 1 p. 1 lit. c DS-GVO: If processing is necessary for compliance with a legal obligation to which the controller is subject (e.g. a legal obligation to keep records);
• Art. 6 para. 1 p. 1 lit. d DS-GVO: If the processing is necessary to protect the vital interests of the data subject or another natural person;
• Art. 6 para. 1 p. 1 lit. e DS-GVO: Where 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, or
• Art. 6 (1) p. 1 lit. f DS-GVO ("Legitimate Interests"): If the processing is necessary to safeguard legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject prevail (in particular if the data subject is a minor).
For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.
(5) Data deletion and storage period
For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in Germany, subject to any transfer that may take place in accordance with the regulations in A.(7) and A.(8).However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by statutory regulations to which we are subject as the responsible party (e.g. § 257 HGB, § 147 AO). If the storage period prescribed by the legal regulations expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.
(6) Data security
We use appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties (e.g. TSL encryption for our website), taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.We will be happy to provide you with more detailed information on request. Please contact our data protection officer (see A.(3)).
(7) Cooperation with processors
As with any larger company, we also use external domestic and foreign service providers (e.g. for IT, logistics, telecommunications, sales and marketing) to process our business transactions. These service providers only act on our instructions and are contractually obliged to comply with the data protection regulations in accordance with Art. 28 DS-GVO.If we pass on your personal data to our subsidiaries or our subsidiaries pass it on to us (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.
(8) Conditions for the transfer of personal data to third countries
In the course of our business relationships, your personal data may be passed on or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively for the fulfilment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the relevant places below.The European Commission certifies data protection comparable to the EEA standard in some third countries by means of so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is sufficiently guaranteed. This is possible via binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates, recognised codes of conduct or self-certification via the EU-US Privacy Shield (information on this can be found here: https://www.privacyshield.gov/welcome). Please contact our data protection officer (see under A.(3)) if you would like more information on this.
(9) No automated decision making (including profiling)
We do not intend to use any personal data collected from you for any automated decision making process (including profiling).
(10) No obligation to provide personal data
We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.
(11) Legal obligation to transmit certain data
We may, under certain circumstances, be subject to a specific legal or statutory obligation to make the lawfully processed personal data available to third parties, in particular public bodies (Art. 6 para. 1 p. 1 lit. c DS-GVO).
(12) Your rights
You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A.(2). As a data subject, you have the right
• to request information about your data processed by us in accordance with Art. 15 DS-GVO. In particular, you can request information about the processing purposes, the category of data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;
• to demand the correction of incorrect or the completion of your data stored by us without delay in accordance with Art. 16 DS-GVO;
• pursuant to Art. 17 DS-GVO to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims;
• demand the restriction of the processing of your data in accordance with Art. 18 DS-GVO, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
• pursuant to Art. 20 DS-GVO to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller ("data portability");
• object to the processing in accordance with Art. 21 DS-GVO, insofar as the processing is based on Art. 6 (1) sentence 1 lit. e or lit. f DS-GVO. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either cease or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;
• in accordance with Art. 7 (3) of the GDPR, revoke your consent given once (also before the GDPR came into force, i.e. before 25.5.2018) - i.e. your voluntary will, made comprehensible in an informed manner and unambiguously by means of a declaration or other unambiguous confirming act, that you agree to the processing of the personal data in question for one or more specific purposes - at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing based on this consent for the future and
• complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with Art. 77 DS-GVO, for example to the data protection supervisory authority responsible for us:Bavarian State Office for Data Protection Supervision P.O. Box 606 91511 Ansbach Phone: +49 (0) 981 53 1300 Fax: +49 (0) 981 53 98 1300 E-mail: firstname.lastname@example.org
(13) Changes to the data protection notice
In the context of the further development of data protection law as well as technological or organisational changes, our data protection information is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of any changes in particular on our German website at www.thebeyond.club. This data protection notice is valid as of April 2020.
B. Visiting websites
(1) Explanation of the function
You can obtain information about our company and the services we offer in particular at www.thebeyond.club together with the associated sub-pages (hereinafter jointly referred to as "websites"). When you visit our websites, personal data may be processed.
(2) Personal data processed
During the informative use of the websites, the following categories of personal data are collected, stored and processed by us:
"Log data": When you visit our websites, a so-called log data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:
• the page from which the page was requested (so-called referrer URL)
• the name and URL of the requested page
• the date and time of the call
• the description of the type, language and version of the web browser used
• the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
• the amount of data transferred
• the operating system
• the message whether the call was successful (access status/http status code)
• the GMT time zone difference
"Contact form data": When contact forms are used, the data transmitted through them are processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).
In addition to the purely informational use of our website, we offer the subscription to our newsletter, with which we inform you about current developments in business law and events. If you subscribe to our newsletter, the following "newsletter data" will be collected, stored and processed by us:
• the page from which the page was requested (so-called referrer URL)
• the date and time of the call
• the description of the type of web browser used
• the IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established
• the email address
• the date and time of registration and confirmation
We would like to point out that we evaluate your user behaviour when sending the newsletter. For this evaluation, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files that are stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. The data is only collected pseudonymously, i.e. the IDs are not linked to your other personal data, a direct personal reference is excluded.
(3) Purpose and legal basis of the data processing
We process the personal data described in more detail above in accordance with the provisions of the GDPR, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) sentence 1 lit. f DS-GVO, the aforementioned purposes also represent our legitimate interests.
The processing of the log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO).
Contact form data is processed for the purpose of handling customer enquiries (legal basis is Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO).
The newsletter data is processed for the purpose of sending the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 lit. a DS-GVO). We use the so-called double opt-in procedure to register for our newsletter. This means that after your registration, we will send you an e-mail to the e-mail address you provided in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to verify your registration and, if necessary, to be able to clarify any possible misuse of your personal data. You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail, by e-mail to email@example.com or by sending a message to the contact details given in the imprint.
(4) Duration of the data processing
Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases stated in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please note point A.(5).
Third parties engaged by us will store your data on their system for as long as is necessary in connection with the provision of the services for us in accordance with the respective order.
You can find more details on the storage period under A.(5).
(5) Transfer of personal data to third parties; justification basis
The following categories of recipients, which are usually processors (see A.(7)), may have access to your personal data:
• Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data centre services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 sentence 1 lit. b or lit. f DS-GVO, insofar as it does not involve order processors;
• Government agencies/authorities, insofar as this is necessary to fulfil a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c DS-GVO;
• Persons employed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f DS-GVO.
For the guarantees of an adequate level of data protection in the event of a transfer of the data to third countries, see A.(8).
In addition, we will only pass on your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 para. 1 p. 1 lit. a DS-GVO.
Cookies can contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that are not personally identifiable. However, cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:
• Technical cookies: these are mandatory to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes nor do they store which web pages you have visited;
• Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
• Advertising cookies, targeting cookies: These are used to offer the website user tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
• Sharing cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.
c) Social media plugins
• This website uses Facebook Custom Audience with the so-called pixel function ("Facebook Pixel") provided by Facebook Ireland Ltd. ("Facebook"). This allows users of the site to view interest-based advertisements ("Facebook Ads") when visiting the Facebook social network or other sites that also use the process. Our interest in pursuing this route is to show you advertisements which are of interest to you in order to make our website more interesting for you.
• We do not actively transmit personally identifiable information to Facebook. However, due to the use of Facebook Pixel, your browser automatically establishes a direct connection to the Facebook server. We have no influence on the extent and further use of the data collected through the use of this tool by Facebook and therefore inform you according to our state of knowledge: Through the integration of Facebook Custom Audiences, Facebook receives the information that you have accessed the corresponding website of our website or clicked on an advertisement from us. If you are registered with a Facebook service, Facebook can assign the visit to your account. Even if you are not registered on Facebook or have not logged in, the provider may collect and store your IP address and other identifiers.
• The legal basis for the processing of personal data using cookies is Art. 6 paragraph 1 sentence 1 lit. a GDPR.
• Using Facebook Pixel, Facebook can on the one hand determine the visitors to our online offering as a target group for the presentation of ads (so-called "Facebook ads"). Accordingly, we use Facebook Pixel to display Facebook ads placed by us only to Facebook users who have shown an interest in our online offering or who have certain features (for example, interests in certain topics or products that are determined on the basis of the websites visited) that we transmit to Facebook (so-called "custom audiences"). Using Facebook Pixel, we also want to ensure that our Facebook ads correspond to the potential interest of users and do not have an annoying effect. Facebook Pixel also enables us to track the effectiveness of Facebook ads for statistical and market research purposes by seeing if users were referred to our site after clicking on a Facebook ad (known as "conversion"). These purposes also constitute our legitimate interest within the meaning of Article 6(1) sentence 1f GDPR.
• In the event that Facebook transmits data to the USA, Facebook is certified under the Privacy Shield Agreement and thus guarantees a level of data protection comparable to European law (Articles 44 et seq. GDPR). (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
• Information about the third-party provider: Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland; Board of Directors: Gareth Lambe, Shane Crehan; registered with the Companies Registration Office of the Republic of Ireland; company number 462932.
For more information about Facebook data processing, please visit https://www.facebook.com/about/privacy.