Privacy Policy Information on the data protection provisions
These Privacy Policies have been automatically translated from German. Until establishment of the British Ltd, Speekly still falls under the German Speekly GmbH. And so until then, the terms and conditions of Speekly GmbH apply. The original, German version can be found here.
This privacy policy clarifies the nature, scope and purpose of the processing of personal data within our websites, functions and content.
With regard to the terms used, such as “personal data” or their “processing”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Table of contents:
- Name and address of the controller
- Name and address of the data protection officer
- Information obligations
- General information on data processing
- Provision of the website and creation of log files
- Use of cookies
- E-mail contact
- Web analysis by Google
- Web analysis by Hotjar
- Rights of the data subjects
1. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is
Speekly GmbH
Stolberger Straße 90D
50933 Cologne
Phone: +49 (221) 993 185 00
E-mail: info@speekly.de
Website: https://www.speekly.de
2. Name and address of the data protection officer
Contact the data protection officer:
Name and address see above
Phone: +49 (221) 993 185 00
E-mail: datenschutz@speekly.de
3. Information obligations
a) Types of data processed
We process the following types of data on our website:
- Contact data
- Usage data
- Meta/communication data
No special categories of data (Art. 9 (1) GDPR) are processed.
b) Categories of data subjects affected by the processing
The following groups of persons are affected by the processing
- Interested parties
- Visitors and users of the online offer
c) Purpose of the processing
The data is processed for the following purposes:
- Provision of the online offering, its content and functions
- Provision of contractual services, service and customer care
- Marketing, advertising and market research
- Security measures
d) Changes and updates to the privacy policy
We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
e) Security measures
We take appropriate technical and organizational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, in order to ensure a level of security appropriate to the risk. The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, disclosure, safeguarding of availability and separation of the data. Furthermore, we have established procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR). The security measures include, in particular, the encrypted transmission of data between your browser and our server.
f) Cooperation with processors and third parties
If we disclose data to other persons and companies (processors or third parties) as part of our processing, transfer it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6 para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
g) Transfer to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it is done to fulfill our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU, the conclusion of an order processing contract or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
4. General information on data processing
a) Scope of the processing of personal data
We only process our users' personal data to the extent necessary to provide a functional website and our content and services. The processing of our users' personal data only takes place regularly with the user's consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.
b) Legal basis for the processing of personal data
The processing of your data is made lawful by your consent in accordance with Art. 6 para. 1 lit. a GDPR, as you have the option of agreeing or rejecting one or more specific processing purpose(s) via the Consent Manager.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
c) Data erasure and storage duration
The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.
5. Provision of the website and creation of log files
a) Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data is collected:
- Information about the browser type and version used
- The operating system of the user
- The IP address of the user
- Date and time of access
- Websites from which the user's system accesses our website
- Websites that are accessed by the user's system via our website
The data is also stored in the log files of our system. This does not affect the user's IP addresses or other data that enables the data to be assigned to a user. This data is not stored together with other personal data of the user.
b) Legal basis for data processing
The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f GDPR.
c) Purpose of the processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.
d) Duration of storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
e) Objection and removal options
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.
6. Use of cookies
a) Description and scope of data processing
Our website uses cookies. 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 accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website user-friendly and secure. We use the following cookies to ensure that the site functions properly:
- speekly_session
- XSRF-TOKEN
We use cookies on our website which, among other things, enable an anonymized analysis of the user's surfing behaviour. The following data can be transmitted in this way:
CookieGeltungsbereichZweckSpeicherdauergaspeekly Contains a randomly generated user ID. Based on this ID, Google Analytics can recognize returning users on this website and store the data2 yearsgidspeekly.de Contains a randomly generated user ID. Based on this ID, Google Analytics can recognize returning users on this website and merge the data from previous visits.24 hours_gatspeekly.deCertain data is only sent to Google Analytics a maximum of once per minute. The cookie has a lifespan of one minute. As long as it is set, certain data transmissions are prevented.1 minute
The user data collected in this way is anonymized/pseudonymized as far as possible by technical precautions. It is therefore no longer possible to assign the data to the accessing user. The data is not stored together with other personal data of the user.
In addition, when accessing our website, the user is informed about the additional use of cookies for analysis purposes and their consent to the processing of the personal data used in this context is obtained using the Consent Manager. In this context, reference is also made to this privacy policy.
b) Legal basis for data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is Art. 6 para. 1 lit. a GDPR if the user has consented to this. The USA is an unsafe third country with regard to the processing of personal data. With your express consent via the Consent Manager, personal data can nevertheless be sent to the USA. The legal basis here is Art. 49 para. 1 lit. a GDPR.
c) Purpose of the data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary for the browser to be recognized even after a page change.
We require cookies for the following applications:
- Authentication
- Prevention of cross-site request forgery attacks
- Unique, anonymous identification for correct website delivery
The user data collected by technically necessary cookies is not used to create user profiles.
Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.
We require analysis cookies for the following applications:
- Google Analytics
- Information e-mails via Mailgun
d) Duration of storage, objection and removal options
Cookies are stored on the user's computer and transmitted by it to our website. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
7. E-mail dispatch via Mailgun
a) Description and scope of data processing
On our website there is the possibility to register for an e-mail announcement. The user is then notified by e-mail about the publication of the “Speekly” app. We use the following provider for sending emails: Mailgun.
Mailgun Technologies, Inc, 548 Market St. #43099, San Francisco, CA 94104, USA.
Mailgun is a service that can be used to organize and analyze the sending of transactional emails, among other things. If data is sent as part of transactional emails (e.g. email address), it is stored on Mailgun's servers in the USA.
The data sent as part of transactional emails remains with Mailgun. https://www.mailgun.com/privacy-policy and https://www.mailgun.com/gdpr
b) Legal basis for data processingIf the user has given consent, the legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR.
c) Purpose of the data processing
We process the personal data from the input screen solely for the purpose of sending the “launch notification”.
d) Duration of storage
The data will be deleted 4 weeks after the release of the app when the purpose expires.
e) Objection and removal options
The user has the option to withdraw their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time.
If you wish to withdraw your consent to processing/storage, please send an email to: info@speekly.de
8. Web analysis by Google
With your consent via the Consent Manager, we use Google Analytics within the meaning of Art. 6 para. 1 lit a. GDPR, we use Google Analytics, a web analysis service of Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there. The USA is an insecure third country with regard to the processing of personal data. With your express consent via the Consent Manager, personal data can nevertheless be sent to the USA. The legal basis for this is Art. 49 para. 1 lit. a GDPR.
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
We use Google Analytics to display the ads placed by Google and its partners within advertising services only to those users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Google (so-called “remarketing” or “Google Analytics audiences”). With the help of remarketing audiences, we also want to ensure that our ads correspond to the potential interest of users and are not annoying.
We only use Google Analytics with activated IP anonymization. This means that the IP address of users is truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there.
The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by Google by downloading and installing the browser plug-in available under the following link: Google GA Opt-out.
For more information about Google's use of data, setting and objection options, please visit Google's websites: Google Privacy (“Google's use of data when you use our partners' websites or apps”), Google Ad Policy (“Use of data for advertising purposes”), Google Ads Settings (“Manage information that Google uses to show you advertising”).
Use of Google Tag Manager: Google Tag Manager is a solution that allows marketers to manage website tags via an interface. The Tag Manager tool itself (which implements the tags) is a cookie-free domain and does not collect any personal data. The tool triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, this remains in place for all tracking tags that are implemented with Google Tag Manager. http://www.google.de/tagmanager/use-policy.html
9. Web analysis through Hotjar
We use the web analysis service Hotjar on some of our websites. Hotjar Ltd. is a European company based in Malta (Hotjar Ltd, Level 2, St Julians BusinessCentre, 3, Elia Zammit Street, St Julians STJ 1000, Malta, Europe Tel.: +1 (855)464-6788). This tool can be used to track movements on the websites on which Hotjar is used (so-called heat maps). For example, it is possible to see how far users scroll and which buttons users click and how often. The tool also makes it possible to obtain feedback directly from website users. In this way, we obtain valuable information to make our websites even faster and more customer-friendly.
The analysis is carried out on the basis of our legitimate interests in optimization and marketing purposes and the interest-based design of our website in accordance with Art. 6 para. 1 lit. a GDPR and only with your express consent via our Consent Manager.
We can only track which buttons you click and how far you scroll. Areas of the websites in which personal data of you or third parties are displayed are automatically hidden by Hotjar and are therefore not traceable at any time.
Independently of the Consent Manager, you can set up the “Do Not Track header” for each browser/computer separately via your browser and thus prevent the use of the Hotjar tool.
You can find detailed instructions with information about your browser at: https://www.hotjar.com/opt-out.
Further information about Hotjar Ltd. and the Hotjar tool can be found at: https://www.hotjar.com.
The privacy policy of Hotjar Ltd. can be found at: https://www.hotjar.com/privacy.
You can revoke your consent at any time with effect for the future via our Consent Manager.
10. Rights of the data subject
a) Right to information
You can request confirmation from the controller as to whether personal data concerning you is being processed by us.
If such processing is taking place, you can request the following information from the controller:
- the purposes for which the personal data are processed;
- the categories of personal data being processed
- the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed
- the envisaged period for which the personal data concerning you will be stored, or, if specific information on this is not possible, the criteria used to determine that period
- the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing
- the existence of the right to lodge a complaint with a supervisory authority
- any available information as to the source of the data if the personal data are not collected from the data subject;
the existence of automated decision-making, including profiling, referred to in Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
b) Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete. The controller must make the rectification without undue delay.
c) Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions
if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and you oppose the erasure of the personal data and request 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 you for the establishment, exercise or defense of legal claims, or
if you have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of the controller override your grounds.
If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
d) Right to erasure
Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
The personal data concerning you has been processed unlawfully.
The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data concerning you have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
Exceptions
The right to erasure does not apply if the processing is necessary
for exercising the right of freedom of expression and information
for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
for the establishment, exercise or defense of legal claims.
e) Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You have the right to be informed of these recipients by the controller.
f) Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where
the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
g) Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions.
The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
h) Right to revoke the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
i) Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
is necessary for the conclusion or performance of a contract between you and the controller
is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.
j) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.