Privacy Notice

1. Introduction

We would like to use the information below to provide you "data subject" with an overview of our processing of your personal data and your rights under data protection law. It is generally possible to use our website without entering personal data. However, if you wish to make use of special services offered by our company through our website, it may be necessary to process personal data. If it is necessary to process personal data and there is no legal basis for such processing, we will generally obtain your consent.

Personal data, such as your name, address or email address, is always processed in accordance with the EU General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to the "neodyme AG". The aim of this Privacy Notice is to inform you about the scope and purpose of the personal data we collect, use and process.

As the data controller, we have implemented numerous technical and organisational measures to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps so that absolute protection cannot be guaranteed. For this reason, you are free to submit personal data on alternative ways, such as by phone or by post to us.

2. Data controller

The data controller, as defined by the GDPR, is:

neodyme AG
Dirnismaning 55 / Halle 13, 85748 Garching, Deutschland

Phone: +49 89 244184570 Email: contact@neodyme.io

Data controller's representative: Thomas Lambertz, Tobias Madl

3. Data protection officer

You can reach the data protection officer as follows:

Daniel Kilimnik

Email: datenschutz@neodyme.io

You may contact our data protection officer directly at any time if you have any questions or suggestions regarding data protection.

4. Definitions

This Privacy Notice is based on the terminology used by the European legislature and legislature in the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand, both for the public and for our customers and business partners. To ensure this, we would like to explain in advance the terminology used. Among other things, we use the following terms in this privacy policy.

We use the following terms in this Privacy Notice, among others:

1. Personal data
   Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. Data subject
   A Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company).
3. Processing
   Processing is any operation or set of operations which is 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.
4. Restriction of processing
   Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
5. Profiling
   Profiling is any form of automated processing of personal data which consists in using 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, behaviour, location or change of location.
6. 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 the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person.
7. Data processor
   Data processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
8. Recepient
   A recipient is a natural or legal person, public authority, agency, or other body to whom personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
9. Third party
   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 responsibility of the controller or the processor, are authorised to process the personal data.
10. Consent
    Consent means any freely given specific and informed indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

5. Legal basis for processing

Art. 6 (1) lit. a) GDPR (icw § 25 (1) German Telecommunications-Telemedia Data Protection Act (TTDSG)) serves our company as the legal basis for processing operations where we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) lit. b) GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services.

If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 (1) lit. c) GDPR.

In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result their name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. In this case, the processing would be based on Art. 6 (1) lit. d) GDPR.

Finally, processing operations could be based on Art. 6 (1) lit. f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not overweigh. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European law. In this respect, the legislature took the view that a legitimate interest could be assumed if you are a customer of our company (Recital 47, Sentence 2 GDPR)..

Our offer is inherently aimed at adults. Persons under 16 years of age may not transmit any personal data to us without the consent of their parents or legal guardians. We do not request personal data from children and adolescents, do not collect it and do not pass it on to third parties.

6. Technology

6.1 SSL/TLS-encryption

This site uses SSL or TLS encryption to guarantee the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact enquiries that you send to us as the operator. You can recognise an encrypted connection by the fact that the address bar of the browser contains a "https://" instead of a "http://" and by the lock symbol in your browser bar.

We use this technology to protect your transmitted data.

6.2 Data collection when visiting the website

If you only use our website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the data your browser sends our server (in what is known as "server log files"). Our website collects a range of general data and information each time you access a website or an automated system. This general data and information is stored in the server's log files. It may be collected.

1. the browser types and versions used,
2. the operating system used by the accessing system,
3. the website from which an accessing system accesses our website (so-called referrer),
4. the sub-pages accessed via an accessing system on our website,
5. the date and time of access to the website,
6. an internet Protocol (IP) address, and
7. the internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required to

1. deliver the contents of our website correctly,
2. optimise the contents of our website as well as to advertise it,
3. to ensure the permanent operability of our IT systems and the technology of our website, and
4. to provide law enforcement authorities with the information necessary to prosecute in the event of a cyber-attack.

Therefore, the data and information collected will be used by us for statistical purposes only and for the purpose of increasing the data protection and data security of our enterprise to ensure an optimal level of protection for the personal data we process. The data of the server log files is stored separately from any personal data provided by a data subject.

The legal basis for data processing is Art. 6 (1) lit. f) GDPR. Our legitimate interest follows from the purposes for data collection listed above.

6.3 Data collection when visiting the website

When using our website for information purposes only, i.e. when not registering or otherwise transmitting information to us, we only collect data that your browser transmits to our server (in so-called "server log files"). Our website collects a series of general data and information each time you access a website or an automated. This general data and information is stored in the server's log files. The following can be recorded:

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-pages accessed via an accessing system on our website,
5. the date and time of access to the website,
6. an abbreviated internet protocol address (anonymised IP address) and,
7. the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. This information is rather required to:

1. deliver the contents of our website correctly,
2. optimise the contents of our website as well as to advertise it,
3. ensure the permanent operability of our IT systems and the technology of our website, and
4. provide law enforcement authorities with the information necessary to prosecute in the event of a cyber-attack.

This collected data and information is therefore statistically analysed and further analysed by us with the aim of increasing data protection and data security within our company to ultimately ensure an optimum level of protection for the personal data being processed by us. The anonymous data from the server log files is stored separately from all personal data provided by a data subject.

The legal basis for data processing is Art. 6 (1) lit. f) GDPR. Our legitimate interest follows from the purposes for data collection listed above.

6.4 Hosting by Latitude.sh

We host our website at Latitude.sh, Inc.

When you visiting our website your personal data (e.g. IP addresses in log files) are processed on the servers of Latitude.sh.

The use of Latitude.sh is based on Art. 6 (1) lit. f) GDPR. Our legitimate interest is the high-performance provision of our website.

We have concluded a corresponding agreement with Latitude.sh on the basis of GDPR for commissioned processing.. This is a contract required by data protection law, which ensures that Latitude.sh only processes the personal data of our website visitors according to our instructions and in compliance with the GDPR.

Additional information and Latitude.sh`s privacy policy can be found athttps://www.latitude.sh/legal/privacy

7. Cookies

7.1 No cookies are used

We do not use cookies on our website, neither technically necessary nor other forms of cookies. You will therefore not see a cookie notice when visiting our website and no consent is obtained for the use of cookies.

8. Contents of our website

8.1 Registration as a user

You have the option of registering on our website by providing personal data.

Which personal data is transmitted to us in this process can be seen from the respective input mask used for registration. The personal data you enter is collected and stored exclusively for internal use by us and for our own purposes. We may arrange for data to be passed on to one or more data processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to us.

By registering on our website, the IP address assigned by your internet service provider (ISP), the date and the time of registration are also stored. This is done only for the purpose of preventing our services from being misused. If necessary, this data may be used to clarify the situation surrounding any crimes committed. In this respect, the storage of this data is necessary for our protection. As a matter of principle, this data is not disclosed to third parties. This does not apply if we are legally obliged to pass on the data or if the data is passed on for the purpose of criminal prosecution.

Your registration, including voluntary provision of personal data, also serves us to offer you content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely erased from our database.

Upon request, we will provide you at any time with information about which personal data is stored about you. Furthermore, we will correct or delete personal data at your request, insofar as this does not conflict with any statutory retention obligations. A data protection officer named in this Privacy Policy and all other employees are available to the data subject as contact persons in this context.

The processing of your data is in the interest of a convenient and easy use of our website. This constitutes a legitimate interest within the meaning of Art. 6 (1) lit. f) GDPR.

8.2 Data processing when opening a customer account and for contract execution

Pursuant to Art. 6 (1) lit. b) GDPR, personal data is collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the person responsible. We store and use the data provided by you for the purpose of processing the contract. After complete execution of the contract or deletion of your customer account, your data will be blocked taking into account tax and commercial law retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or we are legally permitted to the further use of your data, about which we inform you accordingly below.

8.3 Data processing for identity verification

Where necessary, we verify your identity on the legal basis of Art. 6 (1) lit. b) and f GDPR by using information from service providers. The authorisation to do so results from the protection of your identity and the prevention of fraud attempts at our expense. The circumstance and the result of our enquiry will be stored in your customer account or your guest account for the duration of the contractual relationship.

8.4 Contact support / Contact form

Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of the use of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 (1) lit. f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) lit. b) GDPR. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and the deletion does not conflict with any legal obligations to retain data.

9. Your rights as a data subject

9.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data relating to you will be processed.

9.2 Right to information (Article 15 GDPR)

You have the right to obtain information about the personal data stored about you at any time, free of charge, as well as the right to access a copy of such data from us, in accordance with the statutory provisions.

9.3 Right to rectification (Article 16 GDPR)

You have the right to request the immediate rectification of incorrect personal data relating to yourself. Furthermore, the data subject has the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

9.4 Erasure (Article 17 GDPR)

You have the right to demand that we erase the personal data relating to you be deleted without delay, provided that one of the reasons provided by law applies and if processing or further storage is not required.

9.5 Restriction to processing (Article 18 GDPR)

You have the right to request that we restrict the processing of your data if one of the legal requirements is met.

9.6 Data transferability (Article 20 GDPR)

You have the right obtain personal data relating to you that you provided us in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance by us, to whom the personal data was provided, provided that the processing is based on the consent pursuant to Art. 6 (1) lit. a) GDPR or Art. 9 (2) lit. a) GDPR or on a contract pursuant to Art. 6 (1) lit. b) GDPR, and the data are processed using automated procedures, unless processing is necessary to complete a task, is in the public interest or is carried out in the exercise of an official authority assigned to us.

Furthermore, when exercising your right to data transferability pursuant to Art. 20 (1) GDPR, you have the right to have personal data transferred directly from one controller to another, provided this is technically feasible and does not impede the rights and freedoms of other persons.

9.7 Objection (Article 21 GDPR)

You have the right to lodge an objection to the processing of personal data relating to you for reasons relating to your particular situation where this is done on the basis of Art. 6 (1) lit. e) (data processing in the public interest) or lit. f) (data processing on the basis of the weighing of legitimate interests) GDPR.

This also applies to profiling based on these provisions pursuant to Article 4 Number 4 GDPR.

Should you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling and legitimate reasons for such processing that outweigh your interests, rights and freedoms, or where processing serves the assertion, exercise or defence of legal claims.

In individual cases, we process your personal data for direct marketing purposes. You have the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling where this is connected to this kind of direct marketing. Should you object to the processing of your data for direct marketing purposes, we will no longer process your personal data for this purpose.

In addition, you have the right to object to our processing of your personal data for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest.

You are free to exercise your right to lodge an objection in relation to the use of information society services, Directive 2002/58/EC notwithstanding, by means of automated procedures using technical specifications.

9.8 Revocation of consent regarding data protection

You have the right to revoke any consent to the processing of personal data at any time with future effect.

9.9 Lodging a complaint with a supervisory authority

You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.

10. Version and amendments to the Privacy Notice

This Privacy Policy is currently valid as of: 11.2023.

ue to the further development of our Internet pages and offers or due to changed legal or official requirements, it may become necessary to change this Privacy Policy. You can access and print out the current data protection declaration at any time on the website under "https://riverguard.neodyme.io/privacy".

This privacy statement has been prepared with the assistance of the privacy software: audatis MANAGER erstellt.