Data protection is of a particularly high priority for the management of Sidemail. The use of the Internet pages of Sidemail is possible without any indication of personal data. However, if a data subject wants to use specific parts of our service via our platform, processing of personal data could become necessary. If processing of personal data is necessary and if there is no legal basis for such processing, we will generally obtain the consent of the data subject.
As the controller, Sidemail has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions may be subject to security vulnerabilities, so that absolute protection cannot be guaranteed.
Principles of data processing
We process users' personal data only in compliance with the relevant data protection regulations. User data is only processed if the following legal permissions exist:
- in order to provide our contractual services and online services
- processing is required by law
- with your consent
- on the basis of our legitimate interests (i.e., interest in the analysis, optimization and economic operation and security of our online offer within the meaning of Art. 6 para. 1 lit. f) GDPR, in particular in measuring reach, creating profiles for advertising and marketing purposes, and collecting access data and using third-party services).
The above legal bases are set out as follows:
- Consent Art. 6 para. 1 lit. a. and Art. 7 GDPR
- Processing for the fulfilment of our services and implementation of contractual measures Art. 6 para. 1 lit. b) GDPR
- Processing for the fulfilment of our legal obligations Art. 6 para. 1 lit. c) GDPR
- Processing to protect our legitimate interests Art. 6 para. 1 lit. f) GDPR
Collection of general data and information
The website of Sidemail collects a series of general data and information every time a data subject or automated system calls up the website. This general data and information is stored in the log files of the server. The following data may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of an access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serve to avert danger in the event of attacks on our information technology systems.
When using these general data and information, Sidemail does not draw any conclusions about the data subject. Rather, this information is needed (1) to deliver the contents of our website correctly, (2) to optimize the contents of our website and the advertising for these, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Therefore, Sidemail analyses anonymously collected data and information on one hand for statistical purposes and on the other hand for the purpose of increasing the data protection and data security of our enterprise, and ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
Cookies and similar technologies
If your contacts us by e-mail, the personal data transmitted by the data subject will be stored automatically. Such personal data transmitted on a voluntary basis by a data subject to us will be stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties. The basis for this storage is the provision of a contract or precontractual measure according to Art. 6 para. 1 lit. b GDPR if your contact aims to enter into a business relationship with us or your consent pursuant to Art. 6 para. 1 lit. a GDPR for all other enquiries.
If you register for a Sidemail Account, we will request your full name and e-mail address in accordance with our registration form for the purposes stated below. The entry of your data is encrypted so that third parties cannot read your data when it is entered. The basis for this storage is the provision of a contract according to Art. 6 para. 1 lit. b GDPR. Your data will remain stored for as long as the registration lasts, in particular the storage is still necessary for the fulfilment/execution of the referral contract, for legal prosecution by us or for our other legitimate interests or we are required by law to retain your data (e.g., within the framework of tax retention periods).
Sidemail subscription tiers
We as well as the company commissioned with the processing of your payment process your e-mail, full name, postcode, and payment data when you place an order for our tiers and. We ensure that our partners also comply with all applicable data protection regulations. The data will be stored by us for as long as it is required for the fulfilment of the contract. In addition, we store this data for the fulfilment of post-contractual obligations and due to retention periods under commercial and tax law for the period prescribed by law.
Payment by credit card and SEPA direct debit is made via the payment service provider "Stripe", to which we pass on your mandatory details (e-mail address) provided during the checkout, in accordance with Art. 6 (1) b) GDPR for payment processing. Your data will only be passed on for the purpose of payment processing with the payment service provider Stripe and only insofar as it is necessary for this purpose (data protection Stripe). Information on the service provider: Stripe Payments Europe Ltd, Block 4, Harcourt Centre, Harcourt Road, Dublin 2, Ireland.
The provider of Google Pay is Google INC. If a data subject selects Google Pay for payment processing, we will transmit the payment details a data subject provided to us during the ordering process to complete the order. The subsequent payment process takes place exclusively via Google Pay, without us having any further possibility to influence it and the legal basis is Art. 6 (1) b) GDPR for payment processing.
We process the data of our customers in order to enable them to select, purchase or commission the selected services or works. The required information is identified as such in the context of the order, purchase order or comparable contract conclusion and includes the information required for the provision of services and billing as well as contact information.
Unless otherwise specified the purposes of processing are Contractual performance and service, contact requests and communication, office and organizational procedures, administration, and response to requests, visit action evaluation, interest-based and behavioral marketing. And, the Legal bases are Contractual performance and pre-contractual inquiries, Legal obligation, and our Legitimate interests.
Updating your information
If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please do so within your user account or contact us. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e., tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities.
In this context, we disclose or transfer data to consultants, such as legal advisors or auditors, as well as other fee offices and payment service providers.
Routine deletion and blocking of personal data
We process and store personal data of the data subject only for the period necessary to achieve the purpose of storage or were provided for by applicable legislation and statutory retention periods. If the storage purpose ceases to apply or if a storage period prescribed expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
Rights of the data subject
a) Right to confirmation
Every data subject has the right to obtain confirmation from us as to whether personal data concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact any employee of Sidemail.
b) Right of access
Any person concerned by the processing of personal data has the to obtain at any time from Sidemail, free of charge, information about the personal data stored about him or her and a copy of that information. In addition, the European Directive and Regulation Body has granted the data subject access to the following information:
- the purposes of the processing,
- the categories of personal data processed,
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or international organizations,
- if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration,
- the existence of the right to obtain the rectification or erasure of personal data concerning him or her, or the restriction of processing by Sidemail, or the right to object to such processing,
- the existence of a right of appeal to a supervisory authority,
- if the personal data are not collected from the data subject: Any available information on the origin of the data, and
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Furthermore, the data subject shall have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may contact an employee of Sidemail at any time.
c) Right of rectification
Any person affected by the processing of personal data has the right to request the immediate rectification of any inaccurate personal data concerning him or her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may, at any time, contact any employee of Sidemail.
d) Right to erasure (right to be forgotten)
Any person concerned by the processing of personal data has the right to obtain from us the erasure without delay of personal data concerning him or her, where one of the following grounds applies and insofar as the processing is not necessary.
- the personal data were collected or otherwise processed for such purposes for which they are no longer necessary.
- the data subject revokes the consent on which the processing was based pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9(2)(a) GDPR and there is no other legal basis for the processing.
- the data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
- the personal data have been processed unlawfully.
- the erasure of the personal data is necessary for compliance with a legal obligation to which we are subject to.
- the personal data have been collected in relation to information society services offered pursuant to Art. 8(1) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to arrange for the deletion of personal data stored by Sidemail, he or she may, at any time, contact any employee of Sidemail. The employee of Sidemail will arrange for the deletion request to be complied with immediately.
If the personal data has been made public by Sidemail and our company is responsible pursuant to Art. 17 Para. 1 GDPR to erase personal data, Sidemail shall implement reasonable measures, including technical measures, taking into account the available technology and the cost of implementation, in order to inform other data controllers which, process the published personal data that the data subject has requested from those other data controllers to erase all links to or copies or replications of the personal data, unless the processing is necessary. The employee of Sidemail will arrange the necessary in individual cases.
e) Right to restriction of processing
Any person affected by the processing of personal data has the right, -maker, to request us to restrict processing if one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject for a period enabling us to verify the accuracy of the personal data.
- The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
- We no longer needs the personal data for the purposes of the processing, but the data subject needs it for the assertion, exercise or defense of legal claims.
- The data subject has objected to the processing pursuant to Article 21(1) of the GDPR, and it is not yet clear whether the legitimate grounds override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Sidemail, he or she may, at any time, contact any employee of Sidemail. The employee of Sidemail will arrange the restriction of the processing.
f) Right to data portability
Every person affected by the processing of personal data has the right to receive the personal data concerning him or her which has been provided by the data subject to a controller in a structured, commonly used and machine-readable format. The data subject shall also have the right to transmit such data to another controller without hindrance from us to whom the personal data have been provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Article 9(2)(a) of the GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Sidemail.
Furthermore, when exercising the right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to obtain the direct transfer of personal data from one controller to another controller where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data portability, the data subject may at any time contact any employee of Sidemail.
g) Right of objection
Any person affected by the processing of personal data has the right -maker to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is carried out on the basis of Art. 6 para. 1 lit. e and f GDPR. This also applies to profiling based on these provisions.
Sidemail 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 assertion, exercise or defense of legal claims.
If Sidemail processes personal data for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data processed for such marketing. This also applies to the profiling, insofar as it is related to such direct marketing. If the data subject objects to Sidemail to the processing for direct marketing purposes, Sidemail will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her which is carried out by Sidemail for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right to object, the data subject may directly contact any employee of Sidemail or another employee. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.
h) Automated decisions in individual cases, including profiling
Any person concerned by the processing of personal data shall have the right, granted by the European Directive and the Regulation, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and Sidemail, or (2) is authorised by law. And that such law lays down appropriate measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is made with the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the data controller, or (2) it is made with the data subject's explicit consent, Sidemail shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, which include at least the right to obtain the data subject's involvement on the part of Sidemail, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise the rights concerning automated decisions, he or she may, at any time, contact any employee of Sidemail.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of Sidemail.
Duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract.
Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We inform you that the provision of personal data is sometimes required by law (e.g., tax regulations) or may also result from contractual regulations (e.g., information on the contractual partner). Sometimes, in order to conclude a contract, it may be necessary for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data by the data subject, the data subject must contact one of our employees. Our employee will explain to the data subject on a case-by-case basis whether the provision of the personal data is required by law or by contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences of not providing the personal data would be.
Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
When do we disclose your Personal Data?
We may share your information with organizations that help us provide the services described in this policy and who may process such data on our behalf and in accordance with this policy, to support our online offer and our services. If you wish to learn more about how the relevant provider process your personal data, please follow the link embedded in the mentioned provider’s name.
Typically, and unless otherwise stated in this policy, data may be shared on the basis of our contractual and pre-contractual obligations, in accordance with Art. 6 para. 1 lit. b GDPR. Equally, if you have consented to it, or where there we have a legal obligation to do so or on the basis of our legitimate interests (e.g., when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to perform our contractual obligations, administrative tasks and duties efficiently and effectively).
If we commission third parties to process data on the basis of a so-called "processing agreement", this is done on the basis of Art. 28 GDPR.
In relation to metadata obtained about you, we may share a cookie identifier and IP data with analytic service providers to assist us in the improvement and optimization of our website which is subject to our Cookies Policy.
We may also disclose information in other circumstances such as when you agree to it or if the law, a Court order, a legal obligation or regulatory authority ask us to. If the purpose is the prevention of fraud or crime or if it is necessary to protect and defend our right, property or personal safety of our staff, the website and its users.
Our website is not intended for children, and we do not knowingly collect data relating to children. If you become aware that your Child has provided us with Personal Data, without parental consent, please contact us and we take the necessary steps to remove that information from our server.
We take steps to ensure there is an appropriate level of security, so your personal information is protected in the same way as if it was being used within the EU and the EEA. Where we need to transfer your data outside the EU and the EEA, we will use one of the following safeguards:
- The use of approved standard contractual clauses in contracts for the transfer of personal data to third countries.
- Transfers to a non-EEA country with privacy laws that give the same protection as the EEA.
We use Google Analytics, a service provided by Google Inc. This means that the data collected can in principle be transmitted to a Google server in the USA, whereby the IP addresses are anonymized by means of IP anonymization so that an allocation is not possible. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can object to the collection and processing of this data by Google Analytics by setting an opt-out cookie that prevents the future collection of your data when you visit this website: http://tools.google.com/dlpage/gaoptout?hl=en.
This policy and our commitment to protecting the privacy of your personal data can result in changes to this policy. Please regularly review this policy to keep up to date with any changes.
Data protection officer
If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), Patrik Krupar, by email at firstname.lastname@example.org.
Queries and Complaints
Any comments or queries on this policy should be directed to us at email@example.com. If you believe that we have not complied with this policy or acted otherwise than in accordance with data protection law, then you should notify us.