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MOTIONLAB.BERLIN

PRIVACY POLICY

PRIVACY POLICY

WE CARE ABOUT YOUR DATA!

We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of the MotionLab ML GmbH. A use of the internet pages of the MotionLab ML GmbH is basically possible without any indication of personal data. However, if a person concerned wants to use special services of our company via our internet page, a processing of personal data might be necessary. If the processing of personal data is necessary and there is no legal basis for such a processing, we generally obtain the consent of the person concerned. 

The processing of personal data, for example the name, address, email address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in accordance with the country-specific data protection regulations applicable to MotionLab ML GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled. As the person responsible for processing, MotionLab ML GmbH has implemented numerous technical and organizational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can basically have security gaps, so that an absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.

1. Definitions

The data protection declaration of MotionLab ML GmbH is based on the terminology used by the European guidelines and ordinances legislator when the basic data protection regulation (DSGVO) was issued. Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

a) Personal data 

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

(b) Data subject 

Data subject means any identified or identifiable natural person whose personal data are processed by the controller. 

(c) Processing 

Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

(d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing. 

(e) Profiling 

Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location. 

(f) Pseudonymisation 

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person. 

(g) Controller or data controller 

Controller or data controller shall mean the natural or legal person, public authority, agency or any 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 law or by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States. 

(h) Processor 

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. 

(i) Recipient 

The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients. 

(j) Third parties 

Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data. 

(k) Consent 

Consent shall mean any informed and unequivocal expression of the data subject’s free will in a specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.

2. Name and address of the controller

The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is the:

MotionLab ML GmbH 

Bouchéstraße 12, Hall 20 

12435 Berlin 

Germany 

Tel.: 03012082028 

E-Mail: info@motionlab.berlin 

Website: www.motionlab.berlin

3. Name and address of the Data Protection Officer

The Data Protection Officer of the controller is:

Christoph Neye 

MotionLab ML GmbH 

Bouchéstraße 12, Hall 20 

12435 Berlin 

Germany 

Tel.: 03012082028 

E-Mail: cn@motionlab.berlin 

Website: www.motionlab.berlin

Every person concerned can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.

4. Cookies

The MotionLab ML GmbH website uses cookies. Cookies are text files that are stored and saved on a computer system via an Internet browser. 

Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie-ID. A cookie ID is a unique identification of the cookie. It consists of a string of characters which can be used to assign Internet pages and servers to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by means of the unique cookie ID. 

By using cookies, MotionLab ML GmbH can provide the users of this website with more user-friendly services, which would not be possible without the setting of cookies. 

By means of a cookie, the information and offers on our website can be optimized in terms of the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop uses a cookie to remember the articles that a customer has placed in the virtual shopping cart. 

The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.

5. Collection of general data and information 

The MotionLab ML GmbH website collects a number of general data and information with every call of the website by a person concerned or an automated system. These general data and information are stored in the log files of the server. The following can be recorded, the (1) 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 Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems. 

When using this general data and information, MotionLab ML GmbH does not draw any conclusions about the person concerned. This information is rather required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) to guarantee the permanent functionality of our information-technological systems and the technology of our website as well as (4) to provide law enforcement authorities in case of a cyber attack with the information necessary for prosecution. These anonymously collected data and information are therefore statistically evaluated by the MotionLab ML GmbH on the one hand and further with the goal of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

6. Registration on our website 

The person concerned has the possibility to register on the website of the controller by providing personal data. The personal data transmitted to the data controller is specified in the respective input mask used for registration. The personal data entered by the person concerned are collected and stored exclusively for internal use by the data controller and for his own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel service provider, who shall also use the personal data exclusively for internal use attributable to the controller. 

Furthermore, by registering on the controller’s website, the IP address assigned to the person concerned by the Internet Service Provider (ISP) and the date and time of registration are stored. This data is stored with the aim of preventing the misuse of our services and, if necessary, to enable the investigation of criminal offences. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution. 

The registration of the person concerned by voluntarily providing personal data serves the data controller to offer the person concerned content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller. 

The data controller shall at any time upon request provide any person concerned with information as to which personal data relating to the data subject are stored. In addition, the controller shall correct or delete personal data at the request or notification of the person concerned, unless otherwise required by law. The entire staff of the data controller is available to the person concerned as contact persons in this context.

7. Subscription to our newsletter

On the MotionLab ML GmbH website, users are given the opportunity to subscribe to our company newsletter. Which personal data is transmitted to the person responsible for processing when ordering the newsletter can be seen from the input mask used for this purpose. 

MotionLab ML GmbH informs its customers and business partners at regular intervals by means of a newsletter about company offers. The newsletter of our company can basically only be received by the person concerned if (1) the person concerned has a valid email address and (2) the person concerned registers for the newsletter dispatch. For legal reasons, a confirmation e-mail will be sent to the e-mail address registered for the first time by a person concerned for the purpose of receiving the newsletter using the double opt-in procedure. This confirmation mail is used to check whether the owner of the e-mail address has authorized the receipt of the newsletter as a person concerned. 

When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a person concerned at a later date and therefore serves to provide legal protection for the person responsible for processing. 

The personal data collected in the course of registering for the newsletter is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as might be the case if there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking the consent, a corresponding link is included in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller in another way.

8. Newsletter tracking 

The newsletters of MotionLab ML GmbH contain so-called counting pixels. A tracking pixel is a miniature graphic embedded in such e-mails sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, MotionLab ML GmbH can identify whether and when an e-mail was opened by a person concerned and which links in the e-mail were called up by the person concerned. 

Such personal data collected via the embedded pixel-code in the newsletters are stored and evaluated by the data controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data is not passed on to third parties. Affected persons are entitled to revoke the separate declaration of consent submitted in this regard via the double opt-in procedure at any time. After revocation, these personal data will be deleted by the data controller. A cancellation of the receipt of the newsletter is automatically interpreted by MotionLab ML GmbH as a revocation.

9. Possibility of contact via the website 

Due to legal regulations, the MotionLab ML GmbH website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a person concerned contacts the person responsible for processing by e-mail or via a contact form, the personal data transmitted by the person concerned is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or contacting the person concerned. Such personal data shall not be disclosed to third parties.

10. Comment function in the blog on the website 

MotionLab ML GmbH offers users the opportunity to leave individual comments on individual blog posts on a blog located on the website of the data controller. A blog is a portal maintained on a website, usually publicly accessible, where one or more persons, called bloggers or web-bloggers, can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented by third parties. 

If a person concerned leaves a comment in the blog published on this website, in addition to the comments left by the person concerned, information on the time of the comment entry as well as the user name (pseudonym) chosen by the person concerned are stored and published. Furthermore, the IP address assigned to the person concerned by the Internet Service Provider (ISP) is also logged. This storage of the IP address is done for security reasons and in case the person concerned violates the rights of third parties or posts illegal content by submitting a comment. The storage of this personal data is therefore in the own interest of the person responsible for processing, so that he/she can be exculpated if necessary in the event of an infringement of the law. The personal data collected will not be passed on to third parties, unless such a transfer is required by law or serves the legal defence of the person responsible for processing.

11. Routine deletion and blocking of personal data 

The controller shall process and store personal data relating to the person concerned only for the period of time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject. 

If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

12. Rights of the person concerned

(a) Right to confirmation 

Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him or her are being processed. If a person concerned wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.

(b) Right to information 

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Giver has granted the person concerned access to the following information:

  • The purposes of processing o the categories of personal data processed o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organisations 
  • 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 a right of rectification or erasure of personal data relating to him or her or of a right to have the processing limited by the controller or the right of objection to such processing
  • The existence of a right of appeal to a supervisory authority
  • If the personal data are not collected from the person concerned: All available information on the origin of the data
  • The existence of automated decision-making, including profiling, in accordance with Article 22 paragraphs 1 and 4 of the DSGVO and – at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the person concerned 

The person concerned shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the person concerned shall also have the right to be informed of the appropriate safeguards relating to the transfer. 

If a person concerned wishes to exercise this right of access, he or she may at any time contact a member of the staff of the controller.

(c) Right of rectification 

Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. Furthermore, the person concerned 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 person concerned wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.

(d) Right of deletion (right to be forgotten) 

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary: 

  • The personal data have been collected or otherwise processed for purposes for which they are no longer necessary. 
  • The person concerned withdraws the consent on which the processing was based pursuant to Article 6 paragraph 1 letter a of the DSGVO or Article 9 paragraph 2 letter a of the DSGVO, and there is no other legal basis for the processing. 
  • The person concerned lodges an objection to the processing pursuant to Art. 21 paragraph 1 DSGVO and there are no overriding legitimate reasons for the processing, or the person concerned lodges an objection to the processing pursuant to Art. 21 paragraph 2 DSGVO. 
  • The personal data were processed unlawfully. 
  • The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject. 
  • The personal data were collected in relation to information society services offered, in accordance with Article 8 paragraph 1 of the DSGVO. 

If one of the above reasons applies and a person concerned wishes to have personal data stored by MotionLab ML GmbH deleted, he/she may contact an employee of the data controller at any time. The MotionLab ML GmbH employee will arrange for the deletion request to be complied with immediately. 

If the personal data has been made public by the MotionLab ML GmbH and our company as the responsible person is obligated to delete the personal data according to Article 17 paragraph 1 DSGVO, then the MotionLab ML GmbH takes appropriate measures, also of a technical nature, under consideration of the available technology and the implementation costs, in order to inform other persons responsible for the data processing, who process the published personal data, that the person concerned has requested the deletion of all links to these personal data or of copies or replications of these personal data from these other persons responsible for the data processing, as far as the processing is not necessary. The employee of the MotionLab ML GmbH will arrange the necessary in individual cases.

(e) Right to limit processing 

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met: 

  • The accuracy of the personal data is contested by the person concerned, for a period of time sufficient to enable the controller to verify the accuracy of the personal data 
  • The processing is unlawful, the person concerned refuses to have the personal data deleted and instead requests the restriction of the use of the personal data. 
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims. 
  • The person concerned has lodged an objection to the processing in accordance with Article 21 paragraph 1 DSGVO and it is not yet clear whether the controller’s legitimate reasons outweigh those of the person concerned. 

If one of the above-mentioned conditions is met and a person concerned wishes to request the restriction of personal data stored at MotionLab ML GmbH, he/she may contact an employee of the data controller at any time. The MotionLab ML GmbH employee will arrange for the restriction of the processing.

(f) Right to data portability 

Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the person concerned to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Article 6 paragraph 1 letter a of the DSGVO or Article 9 paragraph 2 letter a of the DSGVO or on a contract pursuant to Article 6 paragraph 1 letter b of the DSGVO, and provided that the processing is carried out using automated procedures, 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 the controller. 

Furthermore, when exercising their right to data transferability in accordance with Article 20 paragraph 1 DSGVO, the data subject has the right to request that personal data is transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons. 

To assert the right to data transfer, the person concerned can contact an employee of MotionLab ML GmbH at any time.

(g) Right of objection 

Every person concerned by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6 paragraph 1 letters e or f of the DSGVO. This also applies to profiling based on these provisions. 

In the event of an objection, MotionLab ML GmbH shall no longer process the personal data, unless we can prove compelling reasons for processing worthy of protection that outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims. 

If MotionLab ML GmbH processes personal data in order to conduct direct advertising, the person concerned has the right to object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is connected with such direct advertising. If the person concerned objects to MotionLab ML GmbH to the processing for the purpose of direct advertising, MotionLab ML GmbH will no longer process the personal data for these purposes. 

In addition, the affected person has the right to object, for reasons arising from his or her special situation, to the processing of personal data concerning him or her, which takes place at MotionLab ML GmbH for scientific or historical research purposes or for statistical purposes according to Art. 89 paragraph 1 DSGVO, unless such processing is necessary to fulfill a task in the public interest. 

To exercise the right of objection, the person concerned can directly contact any employee of MotionLab ML GmbH or another employee. The person concerned is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

(h) Automated case-by-case decisions including profiling 

Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the person concerned and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and that such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the person concerned, or (3) is taken with the explicit consent of the data subject. 

If the decision (1) is necessary for the conclusion or performance of a contract between the person concerned and the responsible person or (2) is made with the express consent of the person concerned, MotionLab ML GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain the intervention of a person from the responsible person, to present its own standpoint and to challenge the decision. 

If the person concerned wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of the staff of the controller.

(i) Right to revoke a data protection consent 

Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time. 

If the person concerned wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.

13. Privacy policy on the use and application of Facebook

The data controller has integrated components of the company Facebook on this website. Facebook is a social network. 

A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences, or enables the Internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things. 

The operating company of Facebook is Facebook, Inc. 1 Hacker Way, Menlo Park, CA 94025, USA. The person responsible for processing personal data, if a data subject lives outside the USA or Canada, is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. 

Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins is available at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed which specific subpage of our website is visited by the person concerned.

If the person concerned is logged in to Facebook at the same time, Facebook recognises which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the person concerned clicks one of the Facebook buttons integrated on our website, for example the “Like” button, or if the person concerned makes a comment, Facebook assigns this information to the person’s personal Facebook user account and stores this personal data. 

Facebook receives information via the Facebook component that the person concerned has visited our website if the data subject is logged in to Facebook at the same time when he or she accesses our website; this occurs regardless of whether the person concerned clicks on the Facebook component or not. If the person concerned does not want this information to be sent to Facebook, he or she can prevent it from being sent by logging out of his or her Facebook account before accessing our website. 

The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the person concerned to suppress data transfer to Facebook.

14. Privacy policy on the use and application of Google Analytics (with anonymisation function) 

The person responsible for processing has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, survey and evaluation of data on the behaviour of visitors to websites. Among other things, a web analysis service collects data about from which website a person concerned came to a website (so-called referrers), which sub-pages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimize an internet page and for cost-benefit analysis of internet advertising. 

The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. 

The data controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened by Google and made anonymous if the access to our Internet pages is from a member state of the European Union or from another state that is a party to the Agreement on the European Economic Area. 

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website in order to compile online reports for us which show the activities on our website and to provide further services in connection with the use of our website. 

Google Analytics sets a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, is called up, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical process, Google receives knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

The cookie is used to store personal information, such as the time of access, the location from which access was made and the frequency of visits to our website by the person concerned. Each time our website is visited, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs. 

Furthermore, the person concerned has the opportunity to object to and prevent the collection of data generated by Google Analytics and relating to the use of this website and the processing of such data by Google. For this purpose, the person concerned must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google to be an objection. If the person concerned’s information technology system is deleted, formatted or reinstalled at a later date, the person concerned must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or another person within his or her sphere of control, the browser add-on may be reinstalled or reactivated. 

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

15. Privacy policy on the use and application of Google AdWords

The data controller has integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to display ads in Google’s search engine results as well as in the Google advertising network. Google AdWords allows an advertiser to specify pre-defined keywords that will cause an ad to appear in Google’s search engine results only when the user uses the search engine to retrieve a keyword relevant search result. In the Google advertising network, the ads are distributed to topic-relevant websites by means of an automatic algorithm and in accordance with the keywords previously defined. 

The operating company of the Google AdWords services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. 

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third party companies and in the search engine results of the Google search engine and by displaying third-party advertising on our website. 

If a person concerned reaches our website via a Google ad, a so-called conversion cookie is stored on the information technology system of the person concerned by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and does not serve to identify the person concerned. If the cookie has not expired, the conversion cookie is used to determine whether certain sub-pages, for example the shopping basket from an online shop system, have been called up on our website. The conversion cookie enables both us and Google to track whether a person who has reached our website via an AdWords ad generated sales, i.e. whether he or she has completed or abandoned a purchase.

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could be used to identify the individual. 

The conversion cookie is used to store personal information, such as the websites visited by the person concerned. Each time our website is visited, personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties. 

The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the person concerned. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs. 

Furthermore, the person concerned has the opportunity to object to interest-based advertising by Google. To do so, the person concerned must access www.google.de/settings/ads from each of the Internet browsers he or she uses and make the desired settings there. 

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/.

16. Privacy policy on the use and application of Instagram

The data controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to disseminate such data in other social networks. 

The operating company of the Instagram service is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland. 

Each time a user accesses any of the individual pages of this website operated by the data controller and on which an Instagram component (Insta Button) has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the relevant Instagram component to download a representation of the relevant Instagram component. As part of this technical process, Instagram is informed which specific subpage of our website is visited by the person concerned.

If the person concerned is logged in at the same time at Instagram, Instagram recognizes which specific subpage the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the person concerned. If the person concerned clicks on one of the Instagram buttons integrated on our website, the data and information transferred with it is assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.

Instagram will receive information via the Instagram component that the person concerned has visited our website if the person concerned is logged in to Instagram at the same time when he or she accesses our website, regardless of whether the person concerned clicks on the Instagram component or not. If the person concerned does not wish to receive such information from Instagram, he/she can prevent the transmission by logging out of his/her Instagram account before accessing our website.

Further information and Instagram’s applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

17. Privacy policy on the use and application of LinkedIn 

The data controller has integrated components of LinkedIn Corporation on this website. LinkedIn is an Internet-based social network that allows users to connect with existing business contacts and to make new business contacts. Over 400 million registered users use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world. 

LinkedIn is operated by LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection issues outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible. 

Each time a LinkedIn component (LinkedIn plug-in) is installed on our website, the LinkedIn plug-in causes the browser used by the individual to download a representation of the LinkedIn component. Further information about LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. This technical process allows LinkedIn to know which specific page of our website is visited by the person concerned. 

If the person is logged on to LinkedIn, LinkedIn will know which specific page of our website the person is visiting each time the person visits our website, and for the duration of the person’s visit. This information is collected by the LinkedIn component and assigned by LinkedIn to the LinkedIn account of the person concerned. If the person concerned clicks on a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the person concerned and stores this personal data.

LinkedIn receives information via the LinkedIn component that the person concerned has visited our website, if the person concerned is logged in to LinkedIn at the same time when he or she accesses our website; this occurs regardless of whether the person concerned clicks on the LinkedIn component or not. If the person concerned does not want this information to be sent to LinkedIn, he or she can prevent it from being sent by logging out of his or her LinkedIn account before accessing our website. 

LinkedIn offers the ability to unsubscribe from email, SMS, and targeted ads, and to manage ad preferences at https://www.linkedin.com/psettings/guest-controls. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame who may set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. LinkedIn’s current privacy policy is available at https://www.linkedin.com/legal/privacy-policy. LinkedIn’s cookie policy is available at https://www.linkedin.com/legal/cookie-policy. 

18. Legal basis of the processing 

Article 6 I lit. a DSGVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the person concerned is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b DSGVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Article 6 I lit. c DSGVO. 

In rare cases, the processing of personal data may be necessary to protect the vital interests of the person concerned or another natural person. This would be the case, for example, if a visitor to our company was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Article 6 I lit. d DSGVO. Finally, processing operations could be based on Article 6 I lit. f DSGVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the controller (Recital 47 sentence 2 DSGVO).

19. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f DSGVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders. 

20. The period for which the personal data are stored 

The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.

21. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the person concerned to provide the personal data; possible consequences of not providing the data 

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, he or she must contact one of our employees. Our employee will inform the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

22. Existence of automated decision-making 

As a responsible company, we avoid automatic decision making or profiling. This privacy policy was created by the Privacy Policy Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Berlin, in cooperation with the Cologne-based IT and data protection lawyer Christian Solmecke.

PRIVACY POLICY

WE CARE ABOUT YOUR DATA PRIVACY!

We are very pleased about your interest in our company. Data protection has a particularly high priority for the management of the MotionLab ML GmbH. A use of the internet pages of the MotionLab ML GmbH is basically possible without any indication of personal data. However, if a person concerned wants to use special services of our company via our internet page, a processing of personal data might be necessary. If the processing of personal data is necessary and there is no legal basis for such a processing, we generally obtain the consent of the person concerned. 

The processing of personal data, for example the name, address, email address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in accordance with the country-specific data protection regulations applicable to MotionLab ML GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, this data protection declaration informs affected persons about the rights to which they are entitled. As the person responsible for processing, MotionLab ML GmbH has implemented numerous technical and organizational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can basically have security gaps, so that an absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.

1. Definitions

The data protection declaration of MotionLab ML GmbH is based on the terminology used by the European guidelines and ordinances legislator when the basic data protection regulation (DSGVO) was issued. Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.

We use the following terms, among others, in this data protection declaration:

a) Personal data 

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as ‘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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

(b) Data subject 

Data subject means any identified or identifiable natural person whose personal data are processed by the controller. 

(c) Processing 

Processing is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 

(d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their future processing. 

(e) Profiling 

Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location. 

(f) Pseudonymisation 

Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person. 

(g) Controller or data controller 

Controller or data controller shall mean the natural or legal person, public authority, agency or any 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 law or by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States. 

(h) Processor 

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. 

(i) Recipient 

The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not it is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, shall not be considered as recipients. 

(j) Third parties 

Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data. 

(k) Consent 

Consent shall mean any informed and unequivocal expression of the data subject’s free will in a specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.

2. Name and address of the controller

The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is the:

MotionLab ML GmbH 

Bouchéstraße 12, Hall 20 

12435 Berlin 

Germany 

Tel.: 03012082028 

E-Mail: info@motionlab.berlin 

Website: www.motionlab.berlin

3. Name and address of the Data Protection Officer

The Data Protection Officer of the controller is:

Christoph Neye 

MotionLab ML GmbH 

Bouchéstraße 12, Hall 20 

12435 Berlin 

Germany 

Tel.: 03012082028 

E-Mail: cn@motionlab.berlin 

Website: www.motionlab.berlin

Every person concerned can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.

4. Cookies

The MotionLab ML GmbH website uses cookies. Cookies are text files that are stored and saved on a computer system via an Internet browser. 

Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie-ID. A cookie ID is a unique identification of the cookie. It consists of a string of characters which can be used to assign Internet pages and servers to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by means of the unique cookie ID. 

By using cookies, MotionLab ML GmbH can provide the users of this website with more user-friendly services, which would not be possible without the setting of cookies. 

By means of a cookie, the information and offers on our website can be optimized in terms of the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to enter his or her access data each time he or she visits the website, because this is done by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop uses a cookie to remember the articles that a customer has placed in the virtual shopping cart. 

The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.

5. Collection of general data and information 

The MotionLab ML GmbH website collects a number of general data and information with every call of the website by a person concerned or an automated system. These general data and information are stored in the log files of the server. The following can be recorded, the (1) 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 Internet site, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems. 

When using this general data and information, MotionLab ML GmbH does not draw any conclusions about the person concerned. This information is rather required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) to guarantee the permanent functionality of our information-technological systems and the technology of our website as well as (4) to provide law enforcement authorities in case of a cyber attack with the information necessary for prosecution. These anonymously collected data and information are therefore statistically evaluated by the MotionLab ML GmbH on the one hand and further with the goal of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

6. Registration on our website 

The person concerned has the possibility to register on the website of the controller by providing personal data. The personal data transmitted to the data controller is specified in the respective input mask used for registration. The personal data entered by the person concerned are collected and stored exclusively for internal use by the data controller and for his own purposes. The data controller may arrange for the transfer to one or more processors, such as a parcel service provider, who shall also use the personal data exclusively for internal use attributable to the controller. 

Furthermore, by registering on the controller’s website, the IP address assigned to the person concerned by the Internet Service Provider (ISP) and the date and time of registration are stored. This data is stored with the aim of preventing the misuse of our services and, if necessary, to enable the investigation of criminal offences. To this extent, the storage of this data is necessary to protect the person responsible for processing. As a matter of principle, this data will not be passed on to third parties, unless there is a legal obligation to do so or the passing on of the data serves criminal prosecution. 

The registration of the person concerned by voluntarily providing personal data serves the data controller to offer the person concerned content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the data stock of the data controller. 

The data controller shall at any time upon request provide any person concerned with information as to which personal data relating to the data subject are stored. In addition, the controller shall correct or delete personal data at the request or notification of the person concerned, unless otherwise required by law. The entire staff of the data controller is available to the person concerned as contact persons in this context.

7. Subscription to our newsletter

On the MotionLab ML GmbH website, users are given the opportunity to subscribe to our company newsletter. Which personal data is transmitted to the person responsible for processing when ordering the newsletter can be seen from the input mask used for this purpose. 

MotionLab ML GmbH informs its customers and business partners at regular intervals by means of a newsletter about company offers. The newsletter of our company can basically only be received by the person concerned if (1) the person concerned has a valid email address and (2) the person concerned registers for the newsletter dispatch. For legal reasons, a confirmation e-mail will be sent to the e-mail address registered for the first time by a person concerned for the purpose of receiving the newsletter using the double opt-in procedure. This confirmation mail is used to check whether the owner of the e-mail address has authorized the receipt of the newsletter as a person concerned. 

When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a person concerned at a later date and therefore serves to provide legal protection for the person responsible for processing. 

The personal data collected in the course of registering for the newsletter is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as might be the case if there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking the consent, a corresponding link is included in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the data controller or to inform the data controller in another way.

8. Newsletter tracking 

The newsletters of MotionLab ML GmbH contain so-called counting pixels. A tracking pixel is a miniature graphic embedded in such e-mails sent in HTML format to enable log file recording and log file analysis. This enables a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, MotionLab ML GmbH can identify whether and when an e-mail was opened by a person concerned and which links in the e-mail were called up by the person concerned. 

Such personal data collected via the embedded pixel-code in the newsletters are stored and evaluated by the data controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data is not passed on to third parties. Affected persons are entitled to revoke the separate declaration of consent submitted in this regard via the double opt-in procedure at any time. After revocation, these personal data will be deleted by the data controller. A cancellation of the receipt of the newsletter is automatically interpreted by MotionLab ML GmbH as a revocation.

9. Possibility of contact via the website 

Due to legal regulations, the MotionLab ML GmbH website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a person concerned contacts the person responsible for processing by e-mail or via a contact form, the personal data transmitted by the person concerned is automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purposes of processing or contacting the person concerned. Such personal data shall not be disclosed to third parties.

10. Comment function in the blog on the website 

MotionLab ML GmbH offers users the opportunity to leave individual comments on individual blog posts on a blog located on the website of the data controller. A blog is a portal maintained on a website, usually publicly accessible, where one or more persons, called bloggers or web-bloggers, can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented by third parties. 

If a person concerned leaves a comment in the blog published on this website, in addition to the comments left by the person concerned, information on the time of the comment entry as well as the user name (pseudonym) chosen by the person concerned are stored and published. Furthermore, the IP address assigned to the person concerned by the Internet Service Provider (ISP) is also logged. This storage of the IP address is done for security reasons and in case the person concerned violates the rights of third parties or posts illegal content by submitting a comment. The storage of this personal data is therefore in the own interest of the person responsible for processing, so that he/she can be exculpated if necessary in the event of an infringement of the law. The personal data collected will not be passed on to third parties, unless such a transfer is required by law or serves the legal defence of the person responsible for processing.

11. Routine deletion and blocking of personal data 

The controller shall process and store personal data relating to the person concerned only for the period of time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject. 

If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.

12. Rights of the person concerned

(a) Right to confirmation 

Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him or her are being processed. If a person concerned wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.

(b) Right to information 

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Giver has granted the person concerned access to the following information:

  • The purposes of processing o the categories of personal data processed o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organisations 
  • 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 a right of rectification or erasure of personal data relating to him or her or of a right to have the processing limited by the controller or the right of objection to such processing
  • The existence of a right of appeal to a supervisory authority
  • If the personal data are not collected from the person concerned: All available information on the origin of the data
  • The existence of automated decision-making, including profiling, in accordance with Article 22 paragraphs 1 and 4 of the DSGVO and – at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the person concerned 

The person concerned shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the person concerned shall also have the right to be informed of the appropriate safeguards relating to the transfer. 

If a person concerned wishes to exercise this right of access, he or she may at any time contact a member of the staff of the controller.

(c) Right of rectification 

Every person concerned by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. Furthermore, the person concerned 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 person concerned wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.

(d) Right of deletion (right to be forgotten) 

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary: 

  • The personal data have been collected or otherwise processed for purposes for which they are no longer necessary. 
  • The person concerned withdraws the consent on which the processing was based pursuant to Article 6 paragraph 1 letter a of the DSGVO or Article 9 paragraph 2 letter a of the DSGVO, and there is no other legal basis for the processing. 
  • The person concerned lodges an objection to the processing pursuant to Art. 21 paragraph 1 DSGVO and there are no overriding legitimate reasons for the processing, or the person concerned lodges an objection to the processing pursuant to Art. 21 paragraph 2 DSGVO. 
  • The personal data were processed unlawfully. 
  • The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject. 
  • The personal data were collected in relation to information society services offered, in accordance with Article 8 paragraph 1 of the DSGVO. 

If one of the above reasons applies and a person concerned wishes to have personal data stored by MotionLab ML GmbH deleted, he/she may contact an employee of the data controller at any time. The MotionLab ML GmbH employee will arrange for the deletion request to be complied with immediately. 

If the personal data has been made public by the MotionLab ML GmbH and our company as the responsible person is obligated to delete the personal data according to Article 17 paragraph 1 DSGVO, then the MotionLab ML GmbH takes appropriate measures, also of a technical nature, under consideration of the available technology and the implementation costs, in order to inform other persons responsible for the data processing, who process the published personal data, that the person concerned has requested the deletion of all links to these personal data or of copies or replications of these personal data from these other persons responsible for the data processing, as far as the processing is not necessary. The employee of the MotionLab ML GmbH will arrange the necessary in individual cases.

(e) Right to limit processing 

Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met: 

  • The accuracy of the personal data is contested by the person concerned, for a period of time sufficient to enable the controller to verify the accuracy of the personal data 
  • The processing is unlawful, the person concerned refuses to have the personal data deleted and instead requests the restriction of the use of the personal data. 
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims. 
  • The person concerned has lodged an objection to the processing in accordance with Article 21 paragraph 1 DSGVO and it is not yet clear whether the controller’s legitimate reasons outweigh those of the person concerned. 

If one of the above-mentioned conditions is met and a person concerned wishes to request the restriction of personal data stored at MotionLab ML GmbH, he/she may contact an employee of the data controller at any time. The MotionLab ML GmbH employee will arrange for the restriction of the processing.

(f) Right to data portability 

Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the person concerned to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Article 6 paragraph 1 letter a of the DSGVO or Article 9 paragraph 2 letter a of the DSGVO or on a contract pursuant to Article 6 paragraph 1 letter b of the DSGVO, and provided that the processing is carried out using automated procedures, 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 the controller. 

Furthermore, when exercising their right to data transferability in accordance with Article 20 paragraph 1 DSGVO, the data subject has the right to request that personal data is transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons. 

To assert the right to data transfer, the person concerned can contact an employee of MotionLab ML GmbH at any time.

(g) Right of objection 

Every person concerned by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6 paragraph 1 letters e or f of the DSGVO. This also applies to profiling based on these provisions. 

In the event of an objection, MotionLab ML GmbH shall no longer process the personal data, unless we can prove compelling reasons for processing worthy of protection that outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims. 

If MotionLab ML GmbH processes personal data in order to conduct direct advertising, the person concerned has the right to object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is connected with such direct advertising. If the person concerned objects to MotionLab ML GmbH to the processing for the purpose of direct advertising, MotionLab ML GmbH will no longer process the personal data for these purposes. 

In addition, the affected person has the right to object, for reasons arising from his or her special situation, to the processing of personal data concerning him or her, which takes place at MotionLab ML GmbH for scientific or historical research purposes or for statistical purposes according to Art. 89 paragraph 1 DSGVO, unless such processing is necessary to fulfill a task in the public interest. 

To exercise the right of objection, the person concerned can directly contact any employee of MotionLab ML GmbH or another employee. The person concerned is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

(h) Automated case-by-case decisions including profiling 

Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the person concerned and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and that such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the person concerned, or (3) is taken with the explicit consent of the data subject. 

If the decision (1) is necessary for the conclusion or performance of a contract between the person concerned and the responsible person or (2) is made with the express consent of the person concerned, MotionLab ML GmbH shall take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the person concerned, including at least the right to obtain the intervention of a person from the responsible person, to present its own standpoint and to challenge the decision. 

If the person concerned wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of the staff of the controller.

(i) Right to revoke a data protection consent 

Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time. 

If the person concerned wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.

13. Privacy policy on the use and application of Facebook

The data controller has integrated components of the company Facebook on this website. Facebook is a social network. 

A social network is a social meeting place operated on the Internet, an online community that generally allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences, or enables the Internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things. 

The operating company of Facebook is Facebook, Inc. 1 Hacker Way, Menlo Park, CA 94025, USA. The person responsible for processing personal data, if a data subject lives outside the USA or Canada, is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. 

Each time a user accesses one of the individual pages of this website, which is operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Facebook component to download a display of the corresponding Facebook component from Facebook. A complete overview of all Facebook plug-ins is available at https://developers.facebook.com/docs/plugins/?locale=de_DE. As part of this technical process, Facebook is informed which specific subpage of our website is visited by the person concerned.

If the person concerned is logged in to Facebook at the same time, Facebook recognises which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the person concerned clicks one of the Facebook buttons integrated on our website, for example the “Like” button, or if the person concerned makes a comment, Facebook assigns this information to the person’s personal Facebook user account and stores this personal data. 

Facebook receives information via the Facebook component that the person concerned has visited our website if the data subject is logged in to Facebook at the same time when he or she accesses our website; this occurs regardless of whether the person concerned clicks on the Facebook component or not. If the person concerned does not want this information to be sent to Facebook, he or she can prevent it from being sent by logging out of his or her Facebook account before accessing our website. 

The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the person concerned to suppress data transfer to Facebook.

14. Privacy policy on the use and application of Google Analytics (with anonymisation function) 

The person responsible for processing has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, survey and evaluation of data on the behaviour of visitors to websites. Among other things, a web analysis service collects data about from which website a person concerned came to a website (so-called referrers), which sub-pages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimize an internet page and for cost-benefit analysis of internet advertising. 

The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. 

The data controller uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened by Google and made anonymous if the access to our Internet pages is from a member state of the European Union or from another state that is a party to the Agreement on the European Economic Area. 

The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website in order to compile online reports for us which show the activities on our website and to provide further services in connection with the use of our website. 

Google Analytics sets a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, is called up, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical process, Google receives knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.

The cookie is used to store personal information, such as the time of access, the location from which access was made and the frequency of visits to our website by the person concerned. Each time our website is visited, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.

The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs. 

Furthermore, the person concerned has the opportunity to object to and prevent the collection of data generated by Google Analytics and relating to the use of this website and the processing of such data by Google. For this purpose, the person concerned must download and install a browser add-on under the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about visits to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google to be an objection. If the person concerned’s information technology system is deleted, formatted or reinstalled at a later date, the person concerned must reinstall the browser add-on in order to deactivate Google Analytics. If the browser add-on is uninstalled or deactivated by the person concerned or another person within his or her sphere of control, the browser add-on may be reinstalled or reactivated. 

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html. Google Analytics is explained in more detail at this link https://www.google.com/intl/de_de/analytics/.

15. Privacy policy on the use and application of Google AdWords

The data controller has integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to display ads in Google’s search engine results as well as in the Google advertising network. Google AdWords allows an advertiser to specify pre-defined keywords that will cause an ad to appear in Google’s search engine results only when the user uses the search engine to retrieve a keyword relevant search result. In the Google advertising network, the ads are distributed to topic-relevant websites by means of an automatic algorithm and in accordance with the keywords previously defined. 

The operating company of the Google AdWords services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland. 

The purpose of Google AdWords is to advertise our website by displaying interest-relevant advertising on the websites of third party companies and in the search engine results of the Google search engine and by displaying third-party advertising on our website. 

If a person concerned reaches our website via a Google ad, a so-called conversion cookie is stored on the information technology system of the person concerned by Google. What cookies are has already been explained above. A conversion cookie loses its validity after thirty days and does not serve to identify the person concerned. If the cookie has not expired, the conversion cookie is used to determine whether certain sub-pages, for example the shopping basket from an online shop system, have been called up on our website. The conversion cookie enables both us and Google to track whether a person who has reached our website via an AdWords ad generated sales, i.e. whether he or she has completed or abandoned a purchase.

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via AdWords ads, i.e. to determine the success or failure of the respective AdWords ad and to optimize our AdWords ads for the future. Neither our company nor other Google AdWords advertisers receive any information from Google that could be used to identify the individual. 

The conversion cookie is used to store personal information, such as the websites visited by the person concerned. Each time our website is visited, personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties. 

The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on the information technology system of the person concerned. In addition, a cookie already set by Google AdWords can be deleted at any time via the Internet browser or other software programs. 

Furthermore, the person concerned has the opportunity to object to interest-based advertising by Google. To do so, the person concerned must access www.google.de/settings/ads from each of the Internet browsers he or she uses and make the desired settings there. 

Further information and Google’s applicable privacy policy can be found at https://www.google.de/intl/de/policies/privacy/.

16. Privacy policy on the use and application of Instagram

The data controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to disseminate such data in other social networks. 

The operating company of the Instagram service is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland. 

Each time a user accesses any of the individual pages of this website operated by the data controller and on which an Instagram component (Insta Button) has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the relevant Instagram component to download a representation of the relevant Instagram component. As part of this technical process, Instagram is informed which specific subpage of our website is visited by the person concerned.

If the person concerned is logged in at the same time at Instagram, Instagram recognizes which specific subpage the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the person concerned. If the person concerned clicks on one of the Instagram buttons integrated on our website, the data and information transferred with it is assigned to the personal Instagram user account of the person concerned and stored and processed by Instagram.

Instagram will receive information via the Instagram component that the person concerned has visited our website if the person concerned is logged in to Instagram at the same time when he or she accesses our website, regardless of whether the person concerned clicks on the Instagram component or not. If the person concerned does not wish to receive such information from Instagram, he/she can prevent the transmission by logging out of his/her Instagram account before accessing our website.

Further information and Instagram’s applicable privacy policy can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

17. Privacy policy on the use and application of LinkedIn 

The data controller has integrated components of LinkedIn Corporation on this website. LinkedIn is an Internet-based social network that allows users to connect with existing business contacts and to make new business contacts. Over 400 million registered users use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world. 

LinkedIn is operated by LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. For data protection issues outside the USA, LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible. 

Each time a LinkedIn component (LinkedIn plug-in) is installed on our website, the LinkedIn plug-in causes the browser used by the individual to download a representation of the LinkedIn component. Further information about LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. This technical process allows LinkedIn to know which specific page of our website is visited by the person concerned. 

If the person is logged on to LinkedIn, LinkedIn will know which specific page of our website the person is visiting each time the person visits our website, and for the duration of the person’s visit. This information is collected by the LinkedIn component and assigned by LinkedIn to the LinkedIn account of the person concerned. If the person concerned clicks on a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the person concerned and stores this personal data.

LinkedIn receives information via the LinkedIn component that the person concerned has visited our website, if the person concerned is logged in to LinkedIn at the same time when he or she accesses our website; this occurs regardless of whether the person concerned clicks on the LinkedIn component or not. If the person concerned does not want this information to be sent to LinkedIn, he or she can prevent it from being sent by logging out of his or her LinkedIn account before accessing our website. 

LinkedIn offers the ability to unsubscribe from email, SMS, and targeted ads, and to manage ad preferences at https://www.linkedin.com/psettings/guest-controls. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame who may set cookies. Such cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. LinkedIn’s current privacy policy is available at https://www.linkedin.com/legal/privacy-policy. LinkedIn’s cookie policy is available at https://www.linkedin.com/legal/cookie-policy. 

18. Legal basis of the processing 

Article 6 I lit. a DSGVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the person concerned is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Article 6 I lit. b DSGVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Article 6 I lit. c DSGVO. 

In rare cases, the processing of personal data may be necessary to protect the vital interests of the person concerned or another natural person. This would be the case, for example, if a visitor to our company was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Article 6 I lit. d DSGVO. Finally, processing operations could be based on Article 6 I lit. f DSGVO. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the controller (Recital 47 sentence 2 DSGVO).

19. Legitimate interests in the processing pursued by the controller or a third party

If the processing of personal data is based on Article 6 I lit. f DSGVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders. 

20. The period for which the personal data are stored 

The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.

21. Legal or contractual provisions making the personal data available; necessity for the conclusion of the contract; obligation of the person concerned to provide the personal data; possible consequences of not providing the data 

We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, he or she must contact one of our employees. Our employee will inform the person concerned on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

22. Existence of automated decision-making 

As a responsible company, we avoid automatic decision making or profiling. This privacy policy was created by the Privacy Policy Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Berlin, in cooperation with the Cologne-based IT and data protection lawyer Christian Solmecke.

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