Privacy Policy

1. Introduction

Below we inform you about the processing of personal data when using

• our website www.sitebrunch.com

• our profiles on social media

Personal data is any data that can be related to a specific natural person, e.g. their name or their IP address.

1.1. Contact details

The data controller pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is sitebrunch GmbH, Eifflerstraße 43, 22769 Hamburg, Germany, email: andreas.siegel@sitebrunch.com. We are legally represented by Andreas Siegel, Johannes Zimmer, Lukas Schardt.

Our Data Protection Officer can be reached via heyData GmbH, Schützenstraße 5, 10117 Berlin, www.heydata.eu, email: datenschutz@heydata.eu.

1.2. Scope of data processing, processing purposes and legal bases

The scope of the processing of the data, the processing purposes and the legal bases are set out in detail below. The following legal bases are generally applicable to data processing:

Art. 6 (1) sentence 1 lit. a GDPR serves as our legal basis for processing operations for which we obtain consent.

Art. 6 (1) sentence 1 lit. b GDPR is the legal basis where the processing of personal data is necessary for the performance of a contract, for example when a visitor buys a product from us or we perform a service for them. This legal basis also applies to processing operations that are necessary for pre-contractual measures, such as inquiries about our products or services.

Art. 6 (1) sentence 1 lit. c GDPR applies where we fulfil a legal obligation through the processing of personal data, as may be the case, for example, under tax law.

Art. 6 (1) sentence 1 lit. f GDPR serves as the legal basis where we can rely on legitimate interests for processing personal data, e.g. for cookies that are necessary for the technical operation of our website.

1.3. Data processing outside the EEA

Insofar as we transfer data to service providers or other third parties outside the EEA, adequacy decisions of the EU Commission pursuant to Art. 45 (3) GDPR guarantee the security of the data during the transfer, where available, as is the case for the United Kingdom, Canada and Israel, for example.

When transferring data to service providers in the USA, the legal basis for the data transfer is an adequacy decision of the EU Commission, provided that the service provider has additionally certified itself under the EU US Data Privacy Framework.

In other cases (e.g. where no adequacy decision exists), the legal basis for the data transfer is, as a rule and unless we state otherwise, standard contractual clauses. These are a set of rules adopted by the EU Commission and form part of the contract with the respective third party. Pursuant to Art. 46 (2) lit. b GDPR they ensure the security of the data transfer. Many providers have given contractual guarantees beyond the standard contractual clauses that protect the data beyond those clauses. These include, for example, guarantees regarding the encryption of data or regarding an obligation on the third party to notify data subjects if law enforcement authorities seek to access the data.

1.4. Retention period

Unless expressly stated in this privacy policy, the data stored by us is deleted as soon as it is no longer required for its intended purpose and no statutory retention obligations prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing is restricted, i.e. the data is blocked and not processed for other purposes. This applies, for example, to data that we must retain for commercial or tax law reasons.

1.5. Data subject rights

Data subjects have the following rights against us regarding their personal data:

• Right of access

• Right to rectification or erasure

• Right to restriction of processing

• Right to object to processing

• Right to data portability

• Right to withdraw a given consent at any time

Data subjects also have the right to lodge a complaint with a data protection supervisory authority about the processing of their personal data. Contact details of the data protection supervisory authorities are available at https://www.bfdi.bund.de/DE/Service/Anschriften/Laender/Laender-node.html.

1.6. Obligation to provide data

Customers, prospects or third parties only have to provide us, in the context of a business relationship or other relationship, with the personal data required to establish, carry out and terminate the business relationship or other relationship, or which we are legally obliged to collect. Without this data, we will generally have to refuse to conclude a contract or to provide a service, or will no longer be able to carry out an existing contract or other relationship.

Mandatory information is marked as such.

1.7. No automated decision-making in individual cases

To establish and carry out a business relationship or other relationship, we generally do not use fully automated decision-making pursuant to Article 22 GDPR. Should we use such procedures in individual cases, we will inform you separately about this, provided that this is required by law.

1.8. Contacting us

When you contact us, for example by email, by phone or via the contact form on our website, the data you provide (for example name, email address and the content of your inquiry) will be stored by us in order to answer it. The legal basis for the processing is our legitimate interest (Art. 6 (1) sentence 1 lit. f GDPR) in answering inquiries addressed to us. Where the inquiry is aimed at entering into or performing a contract, the legal basis is Art. 6 (1) sentence 1 lit. b GDPR. We will delete the data arising in this context once the storage is no longer necessary, or we will restrict the processing if statutory retention obligations apply.

1.9. Customer surveys

From time to time we carry out customer surveys to better understand our customers and their wishes. In doing so, we collect the data queried in each case. It is our legitimate interest to get to know our customers and their wishes better, so that the legal basis for the associated data processing is Art. 6 (1) sentence 1 lit. f GDPR. We delete the data once the results of the surveys have been evaluated.

2. Newsletter

We reserve the right to inform customers who have already used our services or purchased goods from us from time to time by email or by other means about our offers, unless they have objected. The legal basis for this data processing is Art. 6 (1) sentence 1 lit. f GDPR. Our legitimate interest lies in direct marketing (Recital 47 GDPR). Customers can object to the use of their email address for advertising purposes at any time at no additional cost, for example via the link at the end of each email or by email to our email address given above.

Prospective customers have the option of subscribing to a free newsletter. We process the data provided at registration exclusively for sending the newsletter. Registration takes place by selecting the relevant field on our website, by ticking the corresponding field in a paper document, or by another unambiguous action by which prospects declare their consent to the processing of their data, so that the legal basis is Art. 6 (1) sentence 1 lit. a GDPR. Consent can be withdrawn at any time, e.g. by clicking the corresponding link in the newsletter or by notice to our email address given above. The processing of the data up to the withdrawal remains lawful even in the case of withdrawal.

On the basis of the recipients consent (Art. 6 (1) sentence 1 lit. a GDPR), we also measure the open and click-through rates of our newsletters in order to understand which content is relevant to our recipients.

We send newsletters using the Brevo tool of the provider Sendinblue SAS, 17 rue Salneuve, 75017 Paris, France, which operates under the name Brevo (privacy policy: https://www.brevo.com/legal/privacypolicy/). The provider processes content data, usage data, meta and communication data as well as contact data in the EU.

3. Data processing on our website

3.1. Notice for website visitors from Germany

Our website stores information on the end device of website visitors (e.g. cookies) or accesses information already stored on the end device (e.g. IP addresses). Which information this is in detail can be found in the following sections.

This storage and access takes place on the basis of the following provisions:

Insofar as this storage or access is strictly necessary so that we can provide website visitors with the service of our website that they have expressly requested (e.g. to operate a chatbot used by the website visitor or to ensure the IT security of our website), it takes place on the basis of § 25 (2) No. 2 TDDDG.

Otherwise, this storage or access takes place on the basis of the consent of the website visitors (§ 25 (1) TDDDG).

The subsequent data processing takes place in accordance with the following sections and on the basis of the provisions of the GDPR.

3.2. Informational use of the website

When using the website for informational purposes, i.e. when visitors do not transmit information to us separately, we collect the personal data that the browser transmits to our server in order to ensure the stability and security of our website. This is our legitimate interest, so that the legal basis is Art. 6 (1) sentence 1 lit. f GDPR.

This data is:

• IP address

• Date and time of the request

• Time zone difference to Greenwich Mean Time (GMT)

• Content of the request (specific page)

• Access status / HTTP status code

• Amount of data transferred in each case

• Website from which the request comes

• Browser

• Operating system and its interface

• Language and version of the browser software

This data is also stored in log files. It is deleted when its storage is no longer necessary, at the latest after 14 days.

3.3. Web hosting and provision of the website

Our website is hosted by Hetzner. The provider is Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen. The provider processes the personal data transmitted via the website, e.g. content data, usage data, meta/communication data or contact data, in the EU. Further information can be found in the providers privacy policy at https://www.hetzner.com/de/rechtliches/datenschutz.

It is our legitimate interest to provide a website, so that the legal basis for the data processing described is Art. 6 (1) sentence 1 lit. f GDPR.

We use the Bunny CDN content delivery network for our website. The provider is BunnyWay d.o.o., Cesta komandanta Staneta 4A 1215, Medvode, Slovenia. The provider processes the personal data transmitted via the website, e.g. content data, usage data, meta/communication data or contact data, in the USA. Further information can be found in the providers privacy policy at https://bunny.net/privacy.

We have a legitimate interest in using sufficient storage and delivery capacity to guarantee optimal data throughput even during high peak loads. The legal basis for the data processing described is therefore Art. 6 (1) sentence 1 lit. f GDPR.

The legal basis for the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is ensured by standard data protection clauses adopted in accordance with the examination procedure pursuant to Art. 93 (2) GDPR (Art. 46 (2) lit. c GDPR), which we have agreed with the provider.

3.4. Applications

We do not currently advertise any vacancies. From time to time we receive unsolicited applications by email or by post. The following information applies to those applications and to applications for future vacancies.

The processing of the data provided as part of the application takes place to carry out the application process. Insofar as it is necessary for our decision to establish an employment relationship, the legal basis is Art. 88 (1) GDPR in conjunction with § 26 (1) BDSG. We have marked the data required to carry out the application process accordingly or point them out. If applicants do not provide this data, we cannot process the application.

Further data is voluntary and not required for an application. If applicants provide further information, the basis is their consent (Art. 6 (1) sentence 1 lit. a GDPR).

We ask applicants to refrain from including in their CV and cover letter any information on political opinions, religious beliefs and similarly sensitive data. They are not required for an application. If applicants nevertheless provide such information, we cannot prevent its processing as part of processing the CV or cover letter. Its processing is then also based on the applicants consent (Art. 9 (2) lit. a GDPR).

Finally, we process applicants data for further application processes if they have given us their consent to do so. In this case, the legal basis is Art. 6 (1) sentence 1 lit. a GDPR.

Applicants data is accessible only to the people in our company involved in the decision. We do not use external service providers in the area of recruiting.

If, following the application process, we enter into an employment relationship with the applicant, we only delete the data after the end of the employment relationship. Otherwise, we delete the data at the latest six months after the rejection of an applicant.

If applicants have given us their consent to also use their data for further application processes, we delete the data at the latest six months after receipt of the application, unless the consent is withdrawn earlier.

3.5. Customer account

Visitors to our website can open a customer account and use our services through it. We process the data provided during registration, namely name, email address and password as well as a phone number if provided, in order to make the account available and to perform the contract on the use of our services. The legal basis is Art. 6 (1) sentence 1 lit. b GDPR.

In addition to the data provided, we automatically record the IP address at registration, the origin of the sign-up, the time of the last login and an event log of the use of the account, that is the creation, modification and deletion of projects, websites, comments and team memberships. This data serves to secure the account, to make changes traceable and to analyse errors. The legal basis is Art. 6 (1) sentence 1 lit. f GDPR. Our legitimate interest lies in the secure and traceable operation of the platform.

We store passwords exclusively as a cryptographic hash. If users enable two-factor authentication, we additionally store the corresponding secret and the recovery codes.

If users delete their customer account, we delete the associated data unless we are obliged or entitled to continue to store it, for example due to retention periods under commercial and tax law.

3.6. Bookings and payments

Subscriptions to our services as well as individual online courses can be booked through our website. In doing so, we process name, email address, billing name and billing address as well as the VAT identification number if provided. The legal basis is Art. 6 (1) sentence 1 lit. b GDPR.

Payments are processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. We do not collect payment data such as card numbers ourselves, they are processed directly by Stripe. From Stripe we receive the payment status and the details required for invoicing. The legal basis is Art. 6 (1) sentence 1 lit. b GDPR. Further information is available in the providers privacy policy at https://stripe.com/privacy.

We retain invoices and the associated accounting records on the basis of obligations under commercial and tax law. In that respect the legal basis is Art. 6 (1) sentence 1 lit. c GDPR.

If users book an online course, we additionally process the course progress. When they complete a course, we issue a course certificate containing the name, the certificate number and the course name. Courses can also be purchased without a customer account. The legal basis is Art. 6 (1) sentence 1 lit. b GDPR.

3.7. Technically necessary cookies

Our website uses cookies. Cookies are small text files that are stored in the web browser on the end device of a website visitor. Cookies help make the service more user-friendly, effective and secure. Insofar as these cookies are necessary for the operation of our website or its functions (hereinafter "technically necessary cookies"), the legal basis for the associated data processing is Art. 6 (1) sentence 1 lit. f GDPR. We have a legitimate interest in providing customers and other website visitors with a functional website.

Specifically, we use technically necessary cookies for the following purpose or purposes:

• Cookies that store login data

3.8. Third-party providers

3.8.1. heyData

We have embedded a data protection seal on our website. The provider is heyData GmbH, Schützenstraße 5, 10117 Berlin, Germany. The provider processes meta/communication data (e.g. IP addresses) in the EU.

The legal basis for the processing is Art. 6 (1) sentence 1 lit. f GDPR. We have a legitimate interest in providing website visitors with confirmation of our data protection compliance. At the same time, the provider has a legitimate interest in ensuring that only customers with existing contracts use its seals, which is why a mere image copy of the certificate is not a viable alternative to confirmation.

The data is masked after collection so that no personal reference exists any longer. Further information is available in the providers privacy policy at https://heydata.eu/datenschutzerklaerung.

3.8.2. YouTube

We embed videos via YouTube on our website and in our dashboard. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The videos are embedded in the extended privacy mode via youtube-nocookie.com. Data is only transmitted to the provider once a video is started, in particular the IP address as well as device and browser information.

The legal basis for the processing is Art. 6 (1) sentence 1 lit. f GDPR. We have a legitimate interest in conveying content in an understandable and accessible way through videos without operating the necessary infrastructure ourselves.

A transfer to the USA by the provider cannot be ruled out. Further information is available in the providers privacy policy at https://policies.google.com/privacy.

3.8.3. Tella

On individual pages of our website and in our dashboard we embed product videos via Tella. The provider is Tella HQ Inc., 2261 Market Street #4122, San Francisco CA 94114, USA. When a page with an embedded video is opened, a connection to the provider is established. In the process, the IP address as well as device and browser information are transmitted.

The legal basis for the processing is Art. 6 (1) sentence 1 lit. f GDPR. We have a legitimate interest in explaining our product features clearly.

The processing takes place in the USA. The transfer is based on the standard contractual clauses of the EU Commission, which form part of the data processing agreement with the provider. Further information is available in the providers privacy policy at https://www.tella.com/legal/privacy-policy.

4. Data processing on social media platforms

We are represented on social media networks to present our organization and our services there. The operators of these networks regularly process data of their users for advertising purposes. Among other things, they create user profiles from their online behavior, which are used, for example, to display advertising matching the interests of users on the pages of the networks and elsewhere on the internet. To do this, the operators of the networks store information about usage behavior in cookies on the users computers. It cannot be ruled out that the operators combine this information with further data. Further information, as well as notes on how users can object to processing by the site operators, can be found in the privacy policies of the respective operators listed below. It may also be that the operators or their servers are located in non-EU countries, so that they process data there. This may result in risks for users, e.g. because the enforcement of their rights is made more difficult or government agencies access the data.

When users of the networks contact us via our profiles, we process the data they provide to us in order to answer the inquiries. This is our legitimate interest, so that the legal basis is Art. 6 (1) sentence 1 lit. f GDPR.

4.1. LinkedIn

We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here: https://https://www.linkedin.com/legal/privacy-policy?_l=de_DE. An option to object to data processing is available via the settings for advertisements: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

5. Changes to this privacy policy

We reserve the right to amend this privacy policy with effect for the future. A current version is available here at any time.

6. Questions and comments

For questions or comments regarding this privacy policy, we are happy to be reached at the contact details given above.