Data protection

1.Data protection at a glance General information

The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is all data with which you can be personally identified. Detailed information on the subject of data protection can be found in our data protection declaration listed under this text.

Data collection on this website

Who is responsible for data collection on this website?

The data processing on this website is carried out by the website operator. You can find their contact details in the section "Notice on the responsible body" in this data protection declaration.

How do we collect your data?

On the one hand, your data is collected when you communicate it to us. This can be z. B. be data that you enter in a contact form.

Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of the page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?

Part of the data is collected to ensure that the website is provided without errors. Other data can be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right, under certain circumstances, to request that the processing of your personal data be restricted. You also have the right to lodge a complaint with the competent supervisory authority.

You can contact us at any time if you have any further questions on the subject of data protection.

Analysis tools and third-party tools

When you visit this website, your surfing behavior can be statistically evaluated. This is mainly done with so-called analysis programs.

Detailed information on these analysis programs can be found in the following data protection declaration.

2. Hosting

We host the content of our website with the following provider:

IONOS

The provider is IONOS SE, Elgendorfer Str. 57, 56410 Montabaur (hereinafter IONOS). When you visit our website, IONOS records various log files including your IP addresses. Details can be found in the IONOS data protection declaration:

https://www.ionos.de/terms-gtc/terms-privacy.

IONOS is used on the basis of Article 6 (1) (f) GDPR. We have a legitimate interest in our website being displayed as reliably as possible. If a corresponding consent was requested, the processing takes place exclusively on the basis of Art. 6 Para. 1 lit. a DSGVO and § 25 Para B. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

3. General information and mandatory information

privacy

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

If you use this website, various personal data will be collected. Personal data is data with which you can be personally identified. This data protection declaration explains what data we collect and what we use it for. It also explains how and for what purpose this happens.

We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

Note on the responsible body

The responsible body for data processing on this website is:

Neversleep-Softevent UG (limited liability) & Co.KG On the break 39

45475 Mülheim an der Ruhr

Telephone: 49 160 5572833

Email: info@neversleep-promotion.de

The responsible body is the natural or legal person who, alone or together with others, decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).

storage duration

Unless a specific storage period has been specified in this data protection declaration, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. tax or commercial law retention periods); in the latter case, the data will be deleted once these reasons have ceased to exist.

General information on the legal basis for data processing on this website

If you have consented to the data processing, we will process your personal data on the basis of Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR, if special data categories according to Article 9 Paragraph 1 GDPR are processed. In the event of express consent to the transfer of personal data to third countries, data processing is also based on Article 49 (1) (a) GDPR. If you have consented to the storage of cookies or access to information on your end device (e.g. via device fingerprinting), data processing is also based on Section 25 (1) TTDSG. The consent can be revoked at any time. If your data is required to fulfill the contract or to carry out pre-contractual measures, we process your data on the basis of Article 6 (1) (b) GDPR. Furthermore, we process your data if they are required to fulfill a legal obligation on the basis of Article 6 (1) (c) GDPR. Data processing can also take place on the basis of our legitimate interest in accordance with Art. 6 Para. 1 lit. f GDPR. The following paragraphs of this data protection declaration provide information on the relevant legal bases in each individual case.

Note on data transfer to the USA and other third countries

Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data can be transferred to these third countries and processed there. We would like to point out that in these countries no level of data protection comparable to that of the EU can be guaranteed. For example, US companies are obliged to release personal data to security authorities without you as the person concerned being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. secret services) may access your data on US servers

Process, evaluate and permanently store for monitoring purposes. We have no influence on these processing activities.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent that you have already given at any time. The legality of the data processing that took place up until the revocation remains unaffected by the revocation.

Right to object to data collection in special cases and to direct advertising (Art. 21 GDPR)

IF THE DATA PROCESSING IS BASED ON ART. 6 ABS. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH A PROCESSING IS BASED CAN BE FOUND IN THIS DATA PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR CONCERNED PERSONAL DATA UNLESS WE CAN PROVE COMPREHENSIVE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOM OBJECTION ACCORDING TO ARTICLE 21 (1) GDPR).

IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH ADVERTISING PURPOSES; THIS ALSO APPLIES TO PROFILING TO THE EXTENT RELATED TO SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION ACCORDING TO ART. 21 (2) GDPR).

BRight of appeal to the competent supervisory authority

In the event of violations of the GDPR, those affected have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged violation. The right to lodge a complaint is without prejudice to any other administrative or judicial remedy.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible, this will only be done to the extent that it is technically feasible.

Information, deletion and correction

Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipient and the purpose of the data processing and, if necessary, a right to correction or deletion of this data at any time. You can contact us at any time if you have any further questions on the subject of personal data.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. You can contact us at any time for this. The right to restriction of processing exists in the following cases:

If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the examination, you have the right to request that the processing of your personal data be restricted.

If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of deletion.

If we no longer need your personal data, but you need it to exercise, defend or assert legal claims, you have the right to demand that the processing of your personal data be restricted instead of being deleted.

If you have lodged an objection in accordance with Art. 21 (1) GDPR, your interests and ours must be weighed up. As long as it has not yet been determined whose interests prevail, you have the right to demand that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State are processed.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.

4. Data collection on this website Cookies

Our website uses so-called "cookies". Cookies are small data packages and do not damage your end device. They are stored on your end device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted after your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.

In some cases, cookies from third-party companies can also be stored on your end device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have different functions. Numerous cookies are technically necessary because certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or to display advertising.

Cookies that are required to carry out the electronic communication process, to provide certain functions you want (e.g. for the shopping cart function) or to optimize the website (e.g. cookies for measuring web audience) (necessary cookies). stored on the basis of Article 6 (1) (f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies was requested, processing takes place exclusively on the basis of this consent (Art. 6 Para. 1 lit. a DSGVO and § 25 Para. 1 TTDSG); the consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.

If cookies are used by third-party companies or for analysis purposes, we will inform you of this separately in this data protection declaration and, if necessary, ask for your consent.

contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent.

This data is processed on the basis of Article 6 (1) (b) GDPR if your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; the consent can be revoked at any time.

The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.

Inquiry by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, enquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

This data is processed on the basis of Article 6 (1) (b) GDPR if your request is related to the fulfillment of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this was queried; the consent can be revoked at any time.

The data you sent to us via contact requests will remain with us until you request deletion, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular statutory retention periods - remain unaffected.

Communication via WhatsApp

We use the WhatsApp instant messaging service to communicate with our customers and other third parties. The provider is WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Communication takes place via end-to-end encryption (peer-to-peer), which prevents WhatsApp or other third parties from gaining access to the communication content. However, WhatsApp receives access to metadata that is created in the course of the communication process (e.g. sender, recipient and time). We would also like to point out that WhatsApp claims to share personal data of its users with its US-based parent company Meta. For more details on data processing, see WhatsApp's privacy policy at: https://www.whatsapp.com/legal/#privacy-policy.

WhatsApp is used on the basis of our legitimate interest in communicating with customers, prospects and other business and contractual partners as quickly and effectively as possible (Art. 6 Para. 1 lit. f GDPR). If a corresponding consent was requested, the data processing takes place exclusively on the basis of the consent; this can be revoked at any time with effect for the future.

The communication content exchanged between and on WhatsApp remains with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.

5. Social Media

Facebook

Elements of the social network Facebook are integrated on this website. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook, however, the data collected is also transferred to the USA and other third countries.

You can find an overview of the Facebook social media elements here: https://developers.facebook.com/docs/plugins/?locale=de_DE.

If the social media element is active, a direct connection is established between your end device and the Facebook server. Facebook receives the information that you have visited this website with your IP address. If you click the Facebook "Like" button while you are logged into your Facebook account, you can link the content of this website to your Facebook profile. This allows Facebook to associate your visit to this website with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the data transmitted or how it is used by Facebook. You can find more information on this in Facebook's privacy policy at:

https://de-de.facebook.com/privacy/explanation.

Insofar as consent has been obtained, the above-mentioned service is used on the basis of Article 6 (1) (a) GDPR and Section 25 TTDSG. The consent can be revoked at any time. If no consent has been obtained, the use of the service is based on our legitimate interest in the widest possible visibility on social media.

Insofar as personal data is collected on our website and forwarded to Facebook using the tool described here, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 GDPR). Joint responsibility is limited to collecting the data and passing it on to Facebook. The processing by Facebook after the forwarding is not part of the joint responsibility. Our joint obligations have been set out in a joint processing agreement. The text of the agreement can be found at:

https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for issuing data protection information when using the Facebook tool and for implementing the tool on our website in a secure manner in accordance with data protection law. Facebook is responsible for the data security of Facebook products. You can assert your rights (e.g. requests for information) regarding the data processed by Facebook directly on Facebook. If you assert the rights of data subjects with us, we are obliged to forward them to Facebook.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here:

https://www.facebook.com/legal/EU_data_transfer_addendum, https://de-de.facebook.com/help/566994660333381 and

https://www.facebook.com/policy.php.

Instagram

Functions of the Instagram service are integrated on this website. These functions are offered by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

If the social media element is active, a direct connection will be established between your end device and the Instagram server. Instagram thereby receives information about your visit to this website.

If you are logged into your Instagram account, you can link the content of this website to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to this website with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or how it is used by Instagram.

Insofar as consent has been obtained, the above-mentioned service is used on the basis of Article 6 (1) (a) GDPR and Section 25 TTDSG. The consent can be revoked at any time. If no consent has been obtained, the use of the service is based on our legitimate interest in the widest possible visibility on social media.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook or Instagram, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing ( Art. 26 GDPR). Joint responsibility is limited to collecting the data and passing it on to Facebook or Instagram. The processing by Facebook or Instagram after forwarding is not part of the joint responsibility. Our joint obligations have been set out in a joint processing agreement. The wording of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for issuing data protection information when using the Facebook or Instagram tool and for implementing the tool on our website in a secure manner in accordance with data protection law. Facebook is responsible for the data security of Facebook and Instagram products. data subject rights

(e.g. requests for information) regarding the data processed by Facebook or Instagram can be asserted directly on Facebook. If you assert the rights of data subjects with us, we are obliged to forward them to Facebook.

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here:

https://www.facebook.com/legal/EU_data_transfer_addendum, https://help.instagram.com/519522125107875 and https://de-de.facebook.com/help/566994660333381.

For more information, see Instagram's privacy policy: https://instagram.com/about/legal/privacy/.

6. eCommerce and payment providers Processing of customer and contract data

We collect, process and use personal customer and contract data to establish, structure and change our contractual relationships. We collect, process and use personal data about the use of this website (usage data) only to the extent necessary to enable the user to use the service or to bill the user. The legal basis for this is Article 6 (1) (b) GDPR.

The collected customer data will be deleted after completion of the order or termination of the business relationship and expiry of any existing statutory retention periods. Statutory retention periods remain unaffected.

7. Audio and Video Conferencing

data processing

We use online conference tools, among other things, to communicate with our customers. The specific tools we use are listed below. If you communicate with us via video or audio conference over the Internet, your personal data will be collected and processed by us and the provider of the respective conference tool.

The conference tools collect all data that you provide/use to use the tools (e-mail address and/or your telephone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other "context information" in connection with the communication process (metadata).

Furthermore, the provider of the tool processes all technical data that is required to process online communication. This includes in particular IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

If content is exchanged, uploaded or provided in any other way within the tool, this is also stored on the servers of the tool providers. Such content includes but is not limited to cloud recordings, chat/instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared while using the Service.

Please note that we do not have full influence on the data processing operations of the tools used. Our options are largely based on the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of the tools used, which we have listed below this text.

Purpose and legal bases

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 Para. 1 lit. b DSGVO). Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest within the meaning of Art. 6 Para. 1 lit. f DSGVO). If consent has been requested, the tools in question will be used on the basis of this consent; the consent can be revoked at any time with effect for the future.

storage duration

The data collected directly by us via the video and conference tools will be deleted from our systems as soon as you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies. Saved cookies remain on your end device until you delete them. Mandatory statutory retention periods remain unaffected.

We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.

Conference tools used

We use the following conference tools:

Google Meet

We use Google Meet. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Details on data processing can be found in Google's data protection declaration: https://policies.google.com/privacy?hl=de.

8. Own services handling of applicant data

We offer you the opportunity to apply to us (e.g. by e-mail, by post or via the online application form). In the following we will inform you about the scope, purpose and use of your personal data collected as part of the application process. We assure you that the collection, processing and use of your data takes place in accordance with the applicable data protection law and all other statutory provisions and that your data will be treated with the utmost confidentiality.

Scope and Purpose of Data Collection

If you send us an application, we will process your associated personal data (e.g. contact and communication data, application documents, notes from job interviews, etc.) insofar as this is necessary to make a decision on the establishment of an employment relationship. The legal basis for this is § 26 BDSG under German law (initiation of an employment relationship), Article 6 Paragraph 1 lit. b GDPR (general contract initiation) and - if you have given your consent - Article 6 Paragraph 1 lit. a GDPR. The consent can be revoked at any time. Within our company, your personal data will only be passed on to people who are involved in processing your application.

If the application is successful, the data you submit will be stored in our data processing systems on the basis of Section 26 BDSG and Article 6 Paragraph 1 lit. b GDPR for the purpose of carrying out the employment relationship.

retention period of the data

If we are unable to make you a job offer, you reject a job offer or withdraw your application, we reserve the right to process the data you have transmitted on the basis of our

12 / 14 legitimate interests (Art. 6 Para. 1 lit. f GDPR) for up to 6 months from the end of the application process (rejection or withdrawal of the application) with us. The data will then be deleted and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is apparent that the data will be required after the 6-month period has expired (e.g. due to an impending or pending legal dispute), it will only be deleted if the purpose for further storage no longer applies.

A longer storage can also take place if you have given your consent (Art. 6 Para. 1 lit. a DSGVO) or if statutory storage obligations prevent the deletion.

Admission to the pool of applicants

If we do not make you a job offer, it may be possible to include you in our pool of applicants. If you are accepted, all documents and information from the application will be transferred to the applicant pool so that you can be contacted if there are suitable vacancies.

Inclusion in the pool of applicants takes place exclusively on the basis of your express consent (Article 6 (1) (a) GDPR). Giving your consent is voluntary and has no connection to the ongoing application process. The person concerned can revoke their consent at any time. In this case, the data will be irrevocably deleted from the applicant pool, provided there are no legal reasons for retention.

The data from the applicant pool will be irrevocably deleted no later than two years after the consent has been given.