Last modified: 20/12/2019
The responsible body is:
Mr. Robert Wildner, Managing Director
Grimmstrasse 23, 10967 Berlin, Germany, Amtsgericht Charlottenburg under number HRB 195662 B.
The data protection declaration of the Avow is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
Personal data: means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject: is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Restriction of processing: is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling: means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Controller or controller responsible for the processing: is 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor: is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient: is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Third party: is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject: is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Collection and Use of Data
This Policy describes the types of information we may collect from you or that you may provide when you visit our Site or use our Services, and describes our practices for collecting, using, maintaining, protecting and disclosing that information.
This Policy applies to information we collect:
- On our Site;
- In e-mail, text and other electronic messages between you and us;
- When you use our Services.
This Policy does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by any third party;
- Any third party, including through any application, product, service or content (including advertising) that may link to or be accessible from the Site or via the Services.
Personal data will be exclusively used by Avow and only given to other companies who have complied with the terms you have agreed to. Furthermore, your data will not be transferred, sold, exchanged or given to third parties without your consent, except as expressly provided by this Policy, including requests by a court or other governmental body.
If you do not agree with our Policy, activities and/or practices, you have the choice not to use our Website and/or our Services. By accessing or using our Site and/or our Services or providing us with your data, you agree to our Policy and consent our use of your data. This Policy may change from time to time. Your continued use of our Site and/or Services after we make changes is deemed to be acceptance of those changes, so please check periodically for updates.
You can revoke your consent at any time by sending a letter to Avow GmbH, Grimmstrasse 23, 10967 Berlin, Germany or in the form of an email to firstname.lastname@example.org.
Avow is using information that we collect about you or that you provide to us, including any personal data: • To provide you with information, products or services that you request from us;
- To present the Site, its content and our Services correctly to you;
- To fulfill any other purpose for which you provide it, such as sending you e-mails, news or alerts;
- To evaluate an application to use our Services;
- To carry out our obligations and enforce our rights arising from any contract entered into between you and us, including for billing, payment and collection;
- To notify you about changes to our Site or our Services;
- To help us carry out analyses of usage patterns of our Site and Services in order to continually better our services, to develop new services and to improve and personalize user experiences, understand customer interest and market trends;
- To contact you about our Services that may be of interest to you;
- To respond to inquiries, send notices and provide customer support;
- For any other purpose with your consent;
- For audits, regulatory purposes, such as providing law enforcement authorities with the information necessary for criminal prosecution, e.g. in case of a cyber-attack.
- Children Under the Age of 16
Our Site and Services are not intended for children under 16 years of age. No one under age 16 may provide any information to us. We do not knowingly collect information from children under 16. If you are under 16, do not use or provide any information on our Site or on or through any of its features/register on the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at Avow GmbH, Grimmstrasse 23, 10967 Berlin, Germany or via e-mail at email@example.com.
- Information We Collect About You, that You Provide, and How We Collect It
We collect several types of information from and about users of our Site or Services, including information: by which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (“personal information”) only to the extent that you have provided this to us via a Contact Form on our Website, as part of a contractual agreement with us or from third parties, for example, our business partners.
We ask that you not send us, and you not disclose, any sensitive personal data (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organizations, including trade union memberships) on or through the Services or the Site or otherwise to us.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt-out of receiving targeted advertising, see “Choices About How We Use and Disclose Your Information”.
- Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal data that we collect or you provide as described in this Policy:
- To our affiliates and partners for the sole purpose of providing our Services;
- To contractors, service providers and other third parties we use to support our business;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some, or all, of Avow’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Avow about our Site and Services users is among the assets transferred;
- To fulfil the purpose for which you provide it;
- For any other purpose disclosed by us when you provide the information;
- With your consent.
We may also disclose your personal data:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request;
- To enforce or apply other agreements, including for billing and collection purposes;
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of adjust, our customers or others.
- How we protect Your Data
Avow uses industry standard security measures to protect the information under our control, including firewalls and other security measures. Although the inherent dangers of the Internet mean we cannot guarantee the protection of your (personal) data against loss, misuse, or alteration, Avow takes steps to protect your (personal) data.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site or Services, you are responsible for keeping this password confidential. We ask you not to share your password(s) with anyone.
Transfer between entities: We may transfer user and customer information to our affiliates and to third party providers for the sole purpose of providing our Services. By using any of the Services or providing us you’re your data you consent such transfers.
- Data Retention
We will retain your information for as long as your account is active or as needed to provide you our services. If you wish to cancel your account or request that we no longer use your information to provide you services, then contact us at firstname.lastname@example.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
- Jurisdiction and Cross-Border Transfer
Our Services are global and data (including personal data) may be stored and processed in any country where we have operations or where we engage service providers, and we may transfer data to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. By using any of the Services or providing us you’re your data you consent such transfers. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your data remains protected to the standards described in this Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal data.
- Access to Your Data
We have no direct relationship with our customers’ users whose information we may process. A user of a customer’s app or services, who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to our customer directly as they are the body collecting the data and therefore the data controller. If a user wishes us to remove the collected information stored with us (if any) please send us an e-mail to email@example.com and we will get back to you as soon as possible.
- Routine erasure and blocking of Personal Data
We shall process and store your personal data only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
- Rights of the Data Subject
a) Right of confirmation
Each data subject (you) shall have the right granted by the European legislator to obtain from us the confirmation as to whether or not personal data concerning you is being processed. If you wish to avail yourself of this right of confirmation, you may, at any time, contact us.
b) Right of access
You have the right granted by the European legislator to obtain from us free information about your personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grants you access to the following information:
o the purposes of the processing;
o the categories of personal data concerned;
o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations. Where this is the case, you shall have the right to be informed of the appropriate safeguards relating to the transfer;
o where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
o the existence of the right to request from Avow rectification or erasure of personal data, or restriction of processing of personal data concerning you, or to object to such processing;
o the existence of the right to lodge a complaint with us;
o where the personal data are not collected from you directly, any available information as to their source;
o the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
c) Right to rectification
You shall have the right granted by the European legislator to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If you wish to exercise this right to rectification, you may, at any time, contact us through our contact details.
d) Right to erasure (Right to be forgotten)
You have the right granted by the European legislator to obtain from us the erasure of personal data concerning you without undue delay, and we shall have the obligation to erase your personal data without undue delay where one of the following grounds applies:
o The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
o You withdraw consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
o You object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) of the GDPR.
o The personal data have been unlawfully processed.
o The personal data must be erased for compliance with a legal obligation in the European Union or Member State law to which Avow is subject.
o The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR (i.e. a child younger than 13 years old).
If one of the aforementioned reasons applies, and you wish to request the erasure of personal data stored by Avow, you may at any time contact us. We shall promptly ensure that the erasure request is complied with full in accordance with the GDPR regulations.
Where Avow has made personal data public and is obliged pursuant to Article 17(1) to erase the Personal data, Avow, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. We will arrange the necessary measures in individual cases.
e) Right of restriction of processing
You have the right granted by the European legislator to obtain from Avow restriction of processing where one of the following applies:
o The accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the Personal data.
o The processing is not lawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
o The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
o The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Avow, he or she may at any time contact us. We will arrange the restriction of the processing.
f) Right to data portability
You have the right, granted by the European legislator, to receive the personal data concerning yourself, which was provided to Avow, in a structured, commonly used and machine-readable format. You have the right to transmit those data to any other controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, you have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, you may at any time contact us through our contact details.
g) Right to object
You have the right granted by the European legislator to object, on grounds relating to your particular situation, at any time, to processing of personal data concerning yourself, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Avow shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If Avow processes personal data for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to Avow to the processing for direct marketing purposes, we will no longer process your personal data for these purposes.
In addition, you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning yourself by Avow for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, you may directly contact us. In addition, you are free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to your right to object by automated means using technical specifications on the Site.
h) Automated individual decision-making, including profiling
You have the right granted by the European legislator 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, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between you and Avow, or (2) is not authorised by the European Union or Member State law to which Avow is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or (3) is not based on your explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between you and Avow, or (2) it is based on your explicit consent, Avow 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 Avow, to express your point of view and contest the decision.
If you wish to exercise the rights concerning automated individual decision-making, you may at any time directly contact us.
i) Right to withdraw data protection consent
You have the right granted by the European legislator to withdraw your consent to processing your personal data at any time. If you wish to exercise the right to withdraw the consent, you may at any time directly contact us.
- Data protection for applications and the application procedure
Avow shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the Site. If Avow concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by Avow, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of Avow are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act.
- Links to Other Websites and Third Parties
Avow’s Services may contain links or references to third-party owned or operated websites or online services. Avow is not responsible for the collection of (personal) data or the security or privacy of such data on any such third party’s sites or services.
Likewise, Avow is not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any personal data you disclose to such other entities through or in connection with our Site, Services, and other (mobile) interactive features.
- Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
- Third party sites
In general, the Services and the Site access third party information through interfaces. We may provide links to third-party Web sites or services as a service to our users. When you click on links of third parties, you may leave the Services or the Site. We are not responsible for the privacy practices of Web sites operated by third parties, whether they are linked to or otherwise accessible from our Services or the Site. The inclusion of a link or accessibility of third party Websites does not imply endorsement of such third-party Website by us.
- Users with whom you share your information
We cannot control the actions of other users with whom you share your information. We cannot, and do not, control the information you share with other Users using the Services or the Site (including via Forums) or how such other users will use or share such information. We are not responsible for third party circumvention of our security measures.
If you do not agree to any modifications to this Policy, your sole recourse is to immediately stop all use of the Services and the Site. Your continued use of the Services or the Site following the posting of any modifications to this Policy will constitute your acceptance of the revised Policy. Please note that none of our employees or agents has the authority to vary any of our Policies.
If you have any questions or comments about this Policy or our privacy practices, or to report any violations of the Policy or abuse of the Services or the Site, please contact us at firstname.lastname@example.org.
We consider it important to repeat that your consent in relation to the collection and saving of your personal data by Avow GmbH can be revoked at any time by sending a letter to Avow GmbH, Grimmstrasse 23, 10967 Berlin, Germany or in the form of an email to email@example.com.
Our contact details:
Mr. Robert Wildner, Managing Director
Grimmstrasse 23, 10967 Berlin, Germany,