Privacy

1. Definitions

Our privacy policy is intended to be simple and understandable for everyone. As a rule, this privacy policy uses the official terminology of the General Data Protection Regulation (GDPR). The official definitions are set out in Art. 4 GDPR.

2. Name and address of the controller

The controller within the meaning of the General 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:

MWAY DIGITAL GmbH

Daimlerstraße 133

70372 Stuttgart

Germany

Phone: +49 711 2525460

E-mail: datenschutz@mway.io

Website: mway.io

3. Name and address of the Data Protection Officer

PROLIANCE GmbH

Leopoldstr. 21

80802 Munich

E-mail: datenschutzbeauftragter@datenschutzexperte.de

Website: datenschutzexperte.de

When contacting the Data Protection Officer, please state the company your enquiry relates to. Please refrain from attaching sensitive information such as a copy of your ID to your enquiry.

4. Cookies

Our website uses so-called “cookies”. Cookies are small text files that are stored on your device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are deleted automatically at the end of your visit. Persistent cookies remain stored on your device until you delete them yourself or your web browser deletes them automatically. Cookies serve various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or language settings). Other cookies are used to analyse user behaviour or to display advertising. Technically necessary cookies are stored on the basis of Art. 6(1)(f) GDPR. We have a legitimate interest in storing cookies in order to provide our services in a technically error-free and optimised manner. Other cookies are stored only with your consent on the basis of Art. 6(1)(a) GDPR. Consent can be withdrawn at any time with effect for the future. The legal basis may also arise from Art. 6(1)(b) GDPR if the processing is necessary for the performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject prior to entering into a contract. Where cookies are used for analysis purposes, we will inform you separately about this within this privacy policy and obtain your consent.

• You can configure your browser so that you are informed about the setting of cookies,
• allow cookies only in individual cases,
• exclude the acceptance of cookies for certain cases or in general,
• activate the automatic deletion of cookies when the browser is closed.

You can manage the cookie settings yourself in your browser (depending on the provider). You can also manage cookies from many companies and functions used for advertising individually. To do so, use the relevant user tools available at AboutAds or YourOnlineChoices. Most browsers also offer a so-called “do not track” function. When this function is enabled, the browser in question informs advertising networks, websites and applications that you do not wish to be “tracked” for the purposes of behavioural advertising and similar. Information and instructions on how to configure this function are available from the provider of your browser.

In addition, you can prevent so-called scripts from loading by default. “NoScript” allows JavaScript, Java and other plug-ins to be executed only on trustworthy domains of your choice. Information and instructions on how to configure this function are available from the provider of your browser (e.g. for Mozilla Firefox at: Firefox Addon NoScript). Please note that the functionality of our website may be limited if you disable cookies.

5. Data processing when visiting our website

When you access our website, it is technically necessary for data to be transmitted to our web server via your internet browser. The following data is recorded during an active connection for communication between your internet browser and our web server:

• Domain visited
• Date and time of the request
• Page from which the file was requested
• Access status (file transferred, file not found, etc.)
• Web browser and operating system used
• IP address of the requesting computer
• Volume of data transferred

We collect this data in order to ensure a smooth connection to the website and to enable users to use our website conveniently. The log file also serves to evaluate system security and stability as well as for administrative purposes.

6. Contact form and contact by e-mail

If you send us enquiries via the contact form or by e-mail, the information you provide in the enquiry form or in your e-mail, including the contact details you provide there, will be stored by us in order to process the enquiry and in case of follow-up questions. We will not pass on this data under any circumstances without your consent. The legal basis for processing this data is our legitimate interest in responding to your enquiry pursuant to Art. 6(1)(f) GDPR and, where applicable, Art. 6(1)(b) GDPR if your enquiry is aimed at concluding a contract. Your data will be deleted once your enquiry has been conclusively processed, provided that no statutory retention obligations prevent this. In the case of Art. 6(1)(f) GDPR, you may object to the processing of your personal data at any time with effect for the future.

7. Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics uses so-called cookies. These are text files that are stored on your computer and enable an analysis of your use of the website. The information generated by cookies about your use of this website is generally transmitted to a Google server in the USA and stored there. We use Google Analytics only with IP anonymisation enabled. This means that users’ IP addresses are truncated by Google within the member states of the European Union or in other states party to the Agreement on the European Economic Area, which rules out the possibility of identifying individuals. Google is certified under the EU-US data protection agreement “Privacy Shield”, which guarantees compliance with the level of data protection applicable in the EU. Processing takes place pursuant to Art. 6(1)(a) GDPR on the basis of user consent. On behalf of the operator of this website, Google will use this information to evaluate your use of the website. This serves to compile reports on website activity and to provide the website operator with further services relating to website use and internet use. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. The terms of use of Google Analytics and information on data protection can be accessed via the following links:

• Google Analytics Terms
• Google Policies

You can prevent the storage of cookies by configuring your browser software accordingly. However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of the data generated by cookies and relating to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing the browser plug-in available at https://tools.google.com/dlpage/gaoptout?hl=en.

Information on how Google Analytics handles user data can be found in Google’s privacy policy at Google Analytics Support

8. Google Ads

The controller has integrated Google Ads on this website. Google Ads is an internet advertising service that allows advertisers to place ads both in Google search engine results and in the Google advertising network. Google Ads enables an advertiser to define specific keywords in advance, by means of which an ad is displayed in Google search engine results only when the user retrieves a keyword-relevant search result using the search engine. In the Google advertising network, ads are distributed across topically relevant websites by means of an automatic algorithm and in accordance with the previously defined keywords. The operating company of the Google Ads services is Google Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The purpose of Google Ads is to promote 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 to display third-party advertising on our website. If a data subject reaches our website via a Google ad, a so-called conversion cookie is placed on the data subject’s information technology system by Google. A conversion cookie expires after thirty days and is not used to identify the data subject. Provided the cookie has not yet expired, the conversion cookie is used to track whether certain subpages, for example the shopping cart of an online shop system, were accessed on our website. The conversion cookie allows both us and Google to track whether a data subject who reached our website via an Ads ad generated revenue, i.e. completed or cancelled a purchase. The data and information collected through the use of the conversion cookie are used by Google to compile visit statistics for our website. We in turn use these visit statistics to determine the total number of users referred to us via Ads ads, i.e. to determine the success or failure of the respective ad and to optimise our ads for the future. Neither our company nor other Google Ads advertisers receive information from Google by means of which the data subject could be identified. Processing takes place pursuant to Art. 6(1)(a) GDPR on the basis of your consent. The conversion cookie stores personal information, for example the websites visited by the data subject. Accordingly, each time our websites are visited, personal data, including the IP address of the internet connection used by the data subject, is transmitted to Google. This personal data may be stored by Google in the USA. As already described above, the data subject can prevent cookies from being set by our website at any time by means of a corresponding setting in the internet browser used, and thereby 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 data subject’s information technology system. In addition, a cookie already set by Google Ads can be deleted at any time via the internet browser or other software programs. The data subject also has the option of objecting to interest-based advertising by Google. To do so, the data subject must access the link www.google.de/settings/ads from each of the internet browsers they use and make the desired settings there. Further information and Google’s applicable data protection provisions can be accessed at Google Policies DE Privacy.

9. Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our website. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). reCAPTCHA is used to check whether data entered on our website (e.g. in a contact form) is entered by a human or by an automated program. To this end, reCAPTCHA analyses the behaviour of the website visitor on the basis of various characteristics. This analysis begins automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various pieces of information, e.g.

• IP address
• Length of time the website visitor spends on the website
• Mouse movements made by the user
• The data collected during the analysis is forwarded to Google.

The reCAPTCHA analyses run entirely in the background. Website visitors are not informed that an analysis is taking place. The data processing takes place on the basis of Art. 6(1)(f) GDPR. We have a legitimate interest in protecting our website from abusive automated spying and from unwanted, automated messages (spam). Google LLC, based in the USA, is certified under the EU-US data protection agreement “Privacy Shield”, which guarantees compliance with the level of data protection applicable in the EU. We do not store any personal data as a result of using reCAPTCHA. As a general rule, the data subject’s personal data is deleted or blocked as soon as the purpose of storage no longer applies. Further information on Google reCAPTCHA and on Google’s privacy policy can be found at the following links:

• Google Policies Privacy
• Google Recaptcha v3beta.

10. Google Tag Manager

This website uses Google Tag Manager. This service allows website tags to be managed via an interface. Google Tag Manager only implements tags. This means that no cookies are used and no personal data is collected. Google Tag Manager triggers other tags, which may in turn collect data. However, Google Tag Manager does not access this data. If deactivation has been carried out at domain or cookie level, it remains in place for all tracking tags, insofar as these are implemented with Google Tag Manager.

11. YouTube

On the pages of our website we embed videos from “YouTube”, a social media platform operated by Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as “Google”). When you access a web page in which a YouTube video is embedded, data is transmitted to a Google server and stored there. If you have a user account with Google and are logged in, Google can thereby associate the visit with your user account. Google stores this data as usage profiles and uses it for the purposes of advertising, market research and/or the demand-oriented design of its websites. Such an evaluation takes place in particular (even for users who are not logged in) in order to display demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles. To exercise this right, please contact Google directly. We embed content from YouTube on the pages of our website in order to make this content directly available to you without you having to access the content separately on YouTube. This allows you to use functions of the YouTube social media platform directly on our website. This enables us to improve our offering and make the user experience more interesting for you. The legal basis is your consent pursuant to Art. 6(1)(a) GDPR. If you wish to prevent data from being passed on, you cannot use the YouTube functions. Regardless of this, we recommend that you log out of your user account regularly after using a social network, and in particular before activating embedded content, as this allows you to avoid being associated with your profile at the respective provider. Third-party provider information: Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland. Further information on data protection and Google’s use of data can be found on the following Google web page: https://policies.google.com/privacy?hl=en

12. Social media links

Social networks (Facebook, Twitter, Instagram, LinkedIn and Xing) are integrated on our website solely in the form of a link to the relevant services. After clicking on the embedded text or image link, you will be redirected to the page of the respective provider. User information is only transmitted to the respective provider after this redirection. For information on how your personal data is handled when using these websites, please refer to the respective data protection provisions of the providers you use.

13. Disclosure of data and recipients

As a rule, your personal data is not transferred to third parties, except where:

• we have explicitly stated this in the description of the respective data processing,
• you have given your express consent pursuant to Art. 6(1) sentence 1(a) GDPR,
• the disclosure is necessary pursuant to Art. 6(1) sentence 1(f) GDPR for the assertion, exercise or defence of legal claims, or is in our legitimate interest for other reasons and there is no reason to assume that you have an overriding interest worthy of protection in your data not being disclosed,
• there is a legal obligation to disclose the data pursuant to Art. 6(1) sentence 1(c) GDPR, and
• this is necessary pursuant to Art. 6(1) sentence 1(b) GDPR for the performance of contractual relationships with you.

In addition, we use external service providers to deliver our services and handle our operations. We select these providers carefully and engage them in writing. They are bound by our instructions and are checked by us regularly. Data processing agreements required under Art. 28 GDPR are concluded before engagement. Specifically, these are service providers in the areas of web hosting, sending e-mails and the maintenance and support of our IT systems. Your personal data will under no circumstances be passed on to third parties by the service providers working for us either.

14. Duration of storage of personal data

The duration for which personal data is stored is determined by the applicable statutory retention obligations, e.g. under commercial law and tax law. After the respective period has expired, the corresponding data is deleted as a matter of routine. Where data is required for the performance of a contract or for pre-contractual measures, or where we have a legitimate interest in continued storage, the data is deleted when it is no longer required for these purposes or when you have exercised your right of withdrawal or objection.

15. Your rights

Below you will find a list of the rights of data subjects vis-à-vis the controller with regard to the processing of your personal data:

• The right, pursuant to Art. 15 GDPR, to request information about the personal data we process about you. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making including profiling and, where applicable, meaningful information about the details thereof.
• The right, pursuant to Art. 16 GDPR, to request the immediate rectification of inaccurate personal data or the completion of the personal data we store about you.
• The right, pursuant to Art. 17 GDPR, to request the erasure of the personal data we store about you, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims.
• The right, pursuant to Art. 18 GDPR, to request the restriction of the processing of your personal data where you contest the accuracy of the data, where the processing is unlawful but you object to erasure, where we no longer need the data but you require it for the assertion, exercise or defence of legal claims, or where you have objected to the processing pursuant to Art. 21 GDPR.
• The right, pursuant to Art. 20 GDPR, to receive the personal data you have provided to us in a structured, commonly used and machine-readable format, or to request that it be transmitted to another controller.
• The right, pursuant to Art. 77 GDPR, to lodge a complaint with a supervisory authority. As a rule, you may contact the supervisory authority of the federal state in which our registered office stated above is located, or, where applicable, the supervisory authority of your habitual residence or place of work.
• The right to withdraw consent given, pursuant to Art. 7(3) GDPR. You have the right to withdraw consent to the processing of data once given at any time with effect for the future. In the event of withdrawal, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the point of withdrawal.

16. Right to object

If we process your personal data on the basis of legitimate interests pursuant to Art. 6(1)(f) GDPR, you have the right pursuant to Art. 21 GDPR to object to the processing of your personal data, insofar as this is done for reasons arising from your particular situation. Insofar as the objection is directed against the processing of personal data for the purposes of direct marketing, you have a general right to object without the need to state a particular situation. If you wish to exercise your right of withdrawal or objection, an e-mail to datenschutz@mway.io is sufficient.

17. Changes to our privacy policy

We reserve the right to update this privacy policy where necessary, in compliance with the applicable data protection regulations. This allows us to adapt it to current legal requirements and to take account of changes to our services, e.g. when introducing new services. The most recent version applies to your visit.

18. Matomo (formerly Piwik)

This website uses the open-source web analytics service Matomo. Matomo uses so-called “cookies”. These are text files that are stored on your computer and enable an analysis of your use of the website. For this purpose, the information generated by the cookie about your use of this website is stored on our server. The IP address is anonymised before storage.

Matomo cookies remain on your device until you delete them.

The storage of Matomo cookies and the use of this analysis tool take place on the basis of Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the anonymised analysis of user behaviour in order to optimise both its website and its advertising. Where corresponding consent has been requested (e.g. consent to the storage of cookies), processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; consent can be withdrawn at any time.

The information generated by the cookie about the use of this website is not passed on to third parties. You can prevent the storage of cookies by configuring your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent.