Privacy Policy

1. Introduction

Below, we provide information about the processing of personal data when using

• our website dev5310.com
• our social media profiles.

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

1.1. Contact

The controller pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR) is dev5310 Gmbh & Co KG, Große Elbstraße 42, 22767 Hamburg, Germany, email: info@dev5310.com. We are legally represented by Martin Schmid and Peter Müller.

Our data protection officer can be contacted 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 data processing, processing purposes, and legal bases are detailed below. The following legal bases generally apply to data processing:

• Art. 6 para. 1 sentence 1 lit. a GDPR serves as the legal basis for processing operations for which we obtain consent.
• Art. 6 para. 1 sentence 1 lit. b GDPR is the legal basis if the processing of personal data is necessary for the performance of a contract, e.g. if a website visitor purchases 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 para. 1 sentence 1 lit. c GDPR applies if we process personal data to fulfill a legal obligation, as may be the case in tax law, for example.
• Art. 6 para. 1 sentence 1 lit. f GDPR serves as the legal basis if we can invoke legitimate interests for the processing of personal data, e.g. for cookies that are necessary for the technical operation of our website.

1.3. Data processing outside the EEA

If we transfer data to service providers or other third parties outside the EEA, we guarantee the security of the data during transfer, insofar as (e.g. for the United Kingdom, Canada, and Israel) adequacy decisions of the EU Commission (Art. 45 para. 3 GDPR) exist.

If no adequacy decision exists (e.g. for the USA), the legal basis for data transfer is, as a rule, i.e. unless we indicate 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. According to Art. 46 (2) lit. b GDPR, they ensure the security of data transfer. Many of the providers have given contractual guarantees that go beyond the standard contractual clauses and protect the data beyond the standard contractual clauses. These include, for example, guarantees regarding the encryption of data or regarding an obligation on the part of the third party to notify data subjects if law enforcement authorities wish to access data.

1.4. Storage period

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

1.5. Rights of data subjects

Data subjects have the following rights vis-à-vis us with regard to their personal data:

• Right to information
• Right to correction or deletion
• Right to restriction of processing
• Right to object to processing
• Right to data portability
• Right to revoke consent at any time.

Data subjects also have the right to lodge a complaint with a data protection supervisory authority regarding the processing of their personal data. The 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, interested parties, or third parties must only provide us with personal data within the scope of a business relationship or other relationship that is necessary for the establishment, execution, and termination of the business relationship or other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude a contract or provide a service or will no longer be able to execute an existing contract or other relationship.

Mandatory information is marked as such.

1.7. No automated decision-making in individual cases

We do not use fully automated decision-making in accordance with Article 22 GDPR to establish and execute a business relationship or other relationship. Should we use these procedures in individual cases, we will inform you separately if this is required by law.

1.8. Contact

When you contact us, e.g. by email or telephone, we store the data you provide (e.g. name and email address) in order to respond to your enquiry. The legal basis for processing is our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in responding to inquiries addressed to us. We delete the data collected in this context after storage is no longer necessary or restrict processing if there are legal retention obligations.

1.9. Customer surveys

From time to time, we conduct customer surveys to get to know our customers and their wishes better. In doing so, we collect the data requested 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 para. 1 sentence 1 lit f GDPR. We delete the data once the results of the surveys have been evaluated.

2. Data processing on our website

2.1. Informational use of the website

When the website is used for informational purposes, i.e. when visitors to the site do not provide us with any information, 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 the legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.

This data includes:

• 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
• Website from which the request originates
• 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 it is no longer necessary to store it, at the latest after 14 days.

2.2. Web hosting and provision of the website

Our website is hosted by Netcup. The provider is netcup GmbH, Daimlerstraße 25, 76185 Karlsruhe. The provider processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data, within the EU. Further information can be found in the provider's privacy policy at https://www.netcup.de/kontakt/datenschutzerklaerung.php.
It is our legitimate interest to provide a website, so that the legal basis for the described data processing is Art. 6 para. 1 sentence 1 lit. f GDPR.

2.3. Contact form

When you contact us via the contact form on our website, we store the data requested there and the content of the message.
The legal basis for the processing is our legitimate interest in responding to inquiries addressed to us. The legal basis for the processing is therefore Art. 6 para. 1 sentence 1 lit. f GDPR.
We delete the data collected in this context after it is no longer necessary for storage or restrict processing if there are legal retention obligations.

2.4. Job advertisements

We publish job vacancies in our company on our website, on pages linked to the website, or on third-party websites.
The data provided in the application is processed for the purpose of the application process. Insofar as this is necessary for our decision to establish an employment relationship, the legal basis is Art. 88 para. 1 GDPR in conjunction with § 26 para. 1 BDSG. We have marked the data required for the application process accordingly or have indicated it. If applicants do not provide this data, we cannot process their application.
Further data is voluntary and not required for an application. If applicants provide further information, the basis for this is their consent (Art. 6 para. 1 sentence 1 lit. a GDPR).

We ask applicants to refrain from providing information on political opinions, religious beliefs, and similar sensitive data in their CVs and cover letters. This information is not required for an application. If applicants nevertheless provide such information, we cannot prevent its processing in the context of processing the CV or cover letter. Its processing is then also based on the consent of the applicants (Art. 9 para. 2 lit. a GDPR).

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

We pass on applicants' data to the relevant employees in the Human Resources department, to our processors in the area of recruiting, and to other employees involved in the application process.

If we enter into an employment relationship with the applicant following the application process, we will only delete the data after the employment relationship has ended. Otherwise, we will delete the data no later than six months after rejecting an applicant.

If applicants have given us their consent to use their data for further application processes, we will only delete their data one year after receiving the application.

2.5. Third-party providers

2.5.1. Cookiebot

We use Cookiebot to manage consent. The provider is Cybot, Havnegade 39, 1058 Copenhagen, Denmark. The provider processes meta/communication data (e.g., device information, IP addresses) in the EU.

The legal basis for processing is Art. 6 para. 1 sentence 1 lit. c GDPR. Processing is necessary to fulfill a legal obligation to which we are subject.

The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://www.cookiebot.com/de/privacy-policy/.

2.5.2. Google Analytics

We use Google Analytics for analysis. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Dublin, Ireland. The provider processes usage data (e.g., websites visited, interest in content, access times) and meta/communication data (e.g., device information, IP addresses) in the USA.

The legal basis for processing is Art. 6 para. 1 sentence 1 lit. a GDPR. Processing is based on consent. Data subjects can revoke their consent at any time by contacting us, e.g. using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.

The legal basis for the transfer to a country outside the EEA is 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 procedure laid down in Art. 93 para. 2 GDPR (Art. 46 para. 2 lit. c GDPR), which we have agreed with the provider.

The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=de.

3. Data processing on social media platforms

We are present on social media networks in order to present our organization and our services. The operators of these networks regularly process their users' data for advertising purposes. Among other things, they create user profiles based on their online behavior, which are used, for example, to display advertising on the network pages and elsewhere on the Internet that corresponds to the interests of the users. To do this, the network operators store information about user behavior in cookies on the user's computer. It cannot be ruled out that the operators may combine this information with other data. Further information and instructions on how users can object to processing by the website operators can be found in the privacy policies of the respective operators listed below. It is also possible that the operators or their servers are located in non-EU countries, meaning that they process data there. This may result in risks for users, e.g. because it may be more difficult to enforce their rights or because government agencies may have access to the data.

If users of the networks contact us via our profiles, we process the data provided to us in order to respond to the enquiries. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR.

3.1. Facebook

We maintain a profile on Facebook. The operator is Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is available here: https://www.facebook.com/policy.php. You can object to data processing via the settings for advertisements: https://www.facebook.com/settings?tab=ads.
Based on an agreement, we are jointly responsible with Facebook for the processing of data from visitors to our profile in accordance with Art. 26 GDPR. Facebook explains exactly which data is processed at https://www.facebook.com/legal/terms/information_about_page_insights_data. Data subjects can exercise their rights both against us and against Facebook. However, according to our agreement with Facebook, we are obliged to forward any requests to Facebook. This means that data subjects will receive a faster response if they contact Facebook directly.

3.2. Instagram

We maintain a profile on Instagram. The operator is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is available here: https://help.instagram.com/519522125107875.

3.3. 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. You can object to data processing via the ad settings: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

3.4. Xing

We maintain a profile on Xing. The operator is New Work SE, Dammtorstraße 29-32, 20354 Hamburg. The privacy policy is available here: https://privacy.xing.com/de/datenschutzerklaerung.

4. Changes to this privacy policy

We reserve the right to change this privacy policy with future effect. The current version is available here.

5. Questions and comments

If you have any questions or comments regarding this privacy policy, please contact us using the contact details provided above.