dayhero policy

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Imprint

Responsible for the content
(according to § 55 Abs. 2 RStV):

Note in accordance with the Online Dispute Resolution Regulation

Under applicable law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without having to go to court. The European Commission is responsible for setting up the platform. The European online dispute resolution platform can be found here.

However, we would like to point out that we are not prepared to participate in the dispute resolution procedure within the framework of the European Online Dispute Resolution Platform. Please use our e-mail and telephone number above to contact us.

Disclaimer - legal information

§ 1 Content warning

The free and freely accessible content of this website has been created with the greatest possible care. However, the provider of this website accepts no liability for the accuracy and topicality of the free and freely accessible journalistic guides and news provided. Contributions identified by name reflect the opinion of the respective author and not always the opinion of the provider. No contractual relationship is established between the user and the provider simply by accessing the free and freely accessible content; in this respect, the providers intention to be legally bound is lacking.

§ 2 External links

This website contains links to third-party websites (“external links”). These websites are subject to the liability of the respective operators. When the external links were first created, the provider checked the third-party content for any legal violations. No legal violations were apparent at that time. The provider has no influence whatsoever on the current and future design and content of the linked pages. The inclusion of external links does not mean that the provider adopts the content behind the reference or link as its own. The provider cannot reasonably be expected to constantly monitor external links without concrete evidence of legal violations. However, such external links will be deleted immediately if we become aware of any legal infringements.

§ 3 Copyright and neighboring rights

The content published on this website is subject to German copyright and ancillary copyright law. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or respective rights holder. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Third-party content and rights are identified as such. The unauthorized reproduction or distribution of individual contents or complete pages is not permitted and is punishable by law.

The presentation of this website in external frames is only permitted with written permission.

§ 4 Special terms of use

Insofar as special conditions for individual uses of this website deviate from the aforementioned paragraphs, this will be expressly indicated at the appropriate point. In this case, the special terms of use apply in each individual case.

Privacy policy

Data protectionWe inform you below in accordance with the legal requirements of data protection law (in particular in accordance with the BDSG as amended and the European General Data Protection Regulation “ DS-GVO”) about the type, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as “personal data” or “processing”, we refer to Art. 4 DS-GVO.

Name and contact details of the responsible

Our controller within the meaning of Art. 4(7) DS-GVO is:

Types of data, purposes of processing and categories of data subjects

Below we inform you about the type, scope and purpose of the collection, processing and use of personal data.

1. types of data that are processed

Usage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.), content data (text entries, videos, photos, etc.), communication data (IP address, etc.)

2. purposes of the processing pursuant to Art. 13 para. 1 c) DS-GVO

Optimize website technically and economically, Enable easy access to the website, Optimize and statistically evaluate our services, Improve user experience, Make website user-friendly, Economical operation of advertising and website, Marketing / sales / advertising, Process contact requests, Provide websites with functions and content, Security measures, Uninterrupted, secure operation of our website.

3. categories of data subjects pursuant to Art. 13 para. 1 e) DS-GVO

Website visitors/users,
The data subjects are collectively referred to as “users”.

Legal basis for processing personal data

Below we inform you about the legal basis for the processing of personal data:

  1. If we have obtained your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a) DS-GVO is the legal basis.
  2. If processing is necessary for the performance of a contract or in order to take steps at your request prior to entering into a contract, the legal basis is Article 6(1)(b) DS-GVO.
  3. If processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory retention obligations), Art. 6 para. 1 sentence 1 lit. c) DS-GVO is the legal basis.
  4. If the processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 para. 1 sentence 1 lit. d) DS-GVO is the legal basis.
  5. If the processing is necessary to protect our legitimate interests or those of a third party and your interests or fundamental rights and freedoms do not outweigh this, Art. 6 para. 1 sentence 1 lit. f) DS-GVO is the legal basis.

Disclosure of personal data to third parties and processors

We do not pass on any data to third parties without your consent. Should this nevertheless be the case, the data will be passed on on the basis of the aforementioned legal bases, e.g. when passing on data to online payment providers for contract fulfillment or due to a court order or due to a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of an agreement on order processing, this is always done in accordance with Art. 28 DS-GVO. We select our processors carefully, monitor them regularly and have been granted the right to issue instructions regarding the data. In addition, the processors must have taken suitable technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and DS-GVO.

Data transfer to third countries

The adoption of the European General Data Protection Regulation ( DS-GVO) has created a uniform basis for data protection in Europe. Your data is therefore primarily processed by companies to which the GDPR applies. However, if processing is carried out by third-party services outside the European Union or the European Economic Area, these must fulfill the special requirements of Art. 44 et seq. DS-GVO must be fulfilled. This means that the processing takes place on the basis of special guarantees, such as the EU Commissions officially recognized determination of a level of data protection corresponding to that of the EU or compliance with officially recognized special contractual obligations, the so-called “standard contractual clauses”. In the case of US companies, submission to the so-called “Privacy Shield”, the data protection agreement between the EU and the USA, fulfills these requirements.

Deletion of data and storage period

Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as you revoke your consent to the processing or the purpose for the storage no longer applies or the data is no longer required for the purpose, unless its further storage is necessary for evidence purposes or there are statutory retention obligations to the contrary. This includes, for example, commercial law obligations to retain business letters in accordance with Section 257 (1) HGB (6 years) and tax law obligations to retain documents in accordance with Section 147 (1) AO (10 years). If the prescribed retention period expires, your data will be blocked or deleted unless storage is still required for the conclusion or fulfillment of a contract.

Existence of automated decision-making

We do not use automated decision-making or profiling.

Provision of our website and creation of log files

If you only use our website for information purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server.
If you wish to view our website, we collect the following data:

  1. IP address
  2. Internet service provider of the user
  3. Date and time of access
  4. Browser type
  5. Language and browser version
  6. Content of the retrieval
  7. Time zone
  8. Access status/HTTP status code
  9. Amount of data
  10. Websites from which the request originates
  11. Operating system

This data is not stored together with your other personal data. This data serves the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as their optimization and statistical evaluation. The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 para. 1 sentence 1 lit. f) DS-GVO, which also lies in the above purposes. For security reasons, we store this data in server log files for a storage period of 30 days. After this period has expired, they are automatically deleted unless we need to retain them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.

Cookies

We use cookies when you visit our website. Cookies are small text files that your Internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. Cookies also include so-called “user IDs”, where user information is stored by means of pseudonymized profiles. When you visit our website, we inform you about the use of cookies for the aforementioned purposes and how you can object to this or prevent their storage (“opt-out”) by means of a reference to our privacy policy.

A distinction is made between the following types of cookie:
  1. Required, essential cookies: Essential cookies are cookies that are absolutely necessary for the operation of the website in order to save certain functions of the website such as logins, shopping cart or user input, e.g. regarding the language of the website.
  2. Session cookies: Session cookies are required to recognize multiple uses of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way is used to optimize our services and make it easier for you to access our site. When you close the browser or log out, the session cookies are deleted.
  3. Persistent cookies: These cookies remain stored even after the browser is closed. They are used to store the login, to measure reach and for marketing purposes. They are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies at any time in the security settings of your browser.
  4. Cookies from third-party providers (third-party cookies, especially from advertisers): You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out that you may then not be able to use all the functions of this website. Read more about these cookies in the respective privacy policies of the third-party providers.
Data categories:

User data, cookie, user ID ( incl. the pages visited, device information, access times and IP addresses).

Purposes of processing:

The information obtained in this way serves the purpose of optimizing our web offers technically and economically and to provide you with easier and more secure access to our website.

Legal basis:

If we process your personal data with the help of cookies on the basis of your consent (“opt-in”), then Art. 6 para. 1 sentence 1 lit. a) DSGVO is the legal basis. Otherwise, we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that in this case Art. 6 para. 1 sentence 1 lit. f) DS-GVO is the legal basis. The legal basis is also Art. 6 para. 1 sentence 1 lit. b) DS-GVO if the cookies are set to initiate a contract, e.g. for orders.

Storage period / deletion:

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. Cookies are otherwise stored on your computer and transmitted from it to our site. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.

Here you will find information on deleting cookies by browser:
Consent and “opt-out”:

You can generally prevent the storage of cookies on your hard disk, regardless of consent or legal permission, by selecting “Do not accept cookies” in your browser settings. However, this may limit the functionality of our services. You can object to the use of cookies from third-party providers for advertising purposes via a so-called “opt-out” via this american website or this european website.

Cookie settings or object to them:

Contact via contact form / e-mail / fax / post

When contacting us by contact form, fax, post or email, your details will be processed for the purpose of handling the contact request

If you have given your consent, the legal basis for the processing of the data is Art. 6 para. 1 sentence 1 lit. a) DS-GVO. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 sentence 1 lit. f) DS-GVO. The controller has a legitimate interest in the processing and storage of the data in order to be able to answer user inquiries, to preserve evidence for liability reasons and, if necessary, to comply with its statutory retention obligations for business letters. If the contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b) DS-GVO.

We may store your details and contact request in our Customer Relationship Management System (“CRM System”) or a comparable system.

The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with you has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified. We store inquiries from users who have an account or contract with us for a period of two years after termination of the contract. In the case of statutory archiving obligations, the deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.

You have the option to revoke your consent to the processing of personal data at any time in accordance with Art. 6 para. 1 sentence 1 lit. a) DS-GVO. If you contact us by email, you can object to the storage of your personal data at any time.

Newsletter

You can subscribe to our newsletter with your voluntary consent by entering your e-mail address. Only this is mandatory. The provision of further data is voluntary and only serves the purpose of a personal approach. We use the so-called “double opt-in procedure” for registration. After registering with your e-mail address, you will receive an e-mail from us with a confirmation link to confirm your registration. If you click on this confirmation link, your e-mail will be added to the newsletter distribution list and stored for the purpose of sending e-mails. If you do not click on the confirmation link within hours, your registration data will be blocked and automatically deleted after a few days.

We also log your IP address used for registration as well as the date and time of the double opt-in (registration and confirmation). The purpose of this storage is to comply with legal requirements regarding proof of your registration and to prevent misuse of your e-mail.

As part of your declaration of consent, the contents (e.g. advertised products/services, offers, advertising and topics) of the newsletter are specifically described.

When sending the newsletter, we evaluate your user behavior. The newsletters contain so-called “web beacons” or “tracking pixels”, which are called up when the newsletter is opened. For the analysis, we link the web beacons to your email address and an individual ID. Links received in the newsletter also contain this ID. The data is only collected in pseudonymized form, i.e. the IDs are not linked to your other personal data, and direct personal identification is excluded. We can use this data to determine whether and when you have opened the newsletter and which links in the newsletter have been clicked. This serves the purpose of optimizing and statistically evaluating our newsletter.

The legal basis for sending the newsletter, measuring success and storing the e-mail is your consent pursuant to Art. 6 para. 1 sentence 1 lit. a) DS-GVO in conjunction with § 7 para. 2 no. 3 UWG and for logging the consent Art. 6 para. 1 sentence 1 lit. f) DS-GVO, as this serves our legitimate interest in legal provability.

You can object to tracking at any time by clicking on the unsubscribe link at the end of the newsletter. In this case, however, you will also stop receiving the newsletter. If you deactivate the display of images in your e-mail software, tracking is also not possible. However, this may have restrictions with regard to the functions of the newsletter and images contained therein will not be displayed.

You can revoke your consent to receive the newsletter at any time. You can revoke your consent by clicking on the unsubscribe link at the end of the newsletter, sending an e-mail or sending a message to our contact details above. We will store your data for as long as you have subscribed to the newsletter. After you unsubscribe, your data will only be stored anonymously for statistical purposes.

Google Analytics

We have integrated the website analysis tool “Google Analytics” (service provider: Google Ireland Limited, registration no.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website.

Data categories and description of data processing:

User ID, IP address (anonymized). When you visit our website, Google places a cookie on your computer in order to analyze your use of our website.
We have activated the IP anonymization “anonymizeIP”, whereby the IP addresses are only processed further in abbreviated form. On this website, your IP address will therefore be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the controller. We have also activated the cross-device analysis of website visitors, which is carried out via a so-called user ID. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. Further information on the use of data by Google Analytics can be found here: Terms of use of Analytics, Information on data protection for analytics and Google privacy policy

Purpose of the processing:

The use of Google Analytics serves the purpose of analyzing, optimizing and improving our website.

Legal basis:

If you have given your consent (“opt-in”) for the processing of your personal data by the third-party provider using “Google Analytics”, the legal basis is Art. 6 para. 1 sentence 1 lit. a) DS-GVO. The legal basis is also our legitimate interest in the above purposes (the analysis, optimization and improvement of our website) in data processing in accordance with Art. 6 para. 1 sentence 1 lit. f) DS-GVO. In the case of services provided in connection with a contract, tracking and analysis of user behaviour is carried out in accordance with Art. 6 para. 1 sentence 1 lit. b) DS-GVO in order to be able to offer optimized services to fulfill the purpose of the contract with the information thus obtained.

Storage duration:

The data sent by us and linked to cookies, user identifiers (e.g. user ID) or advertising IDs are automatically deleted after months. Data that has reached the end of its retention period is automatically deleted once a month.

Data transmission/recipient category:

Google, Ireland and USA. The data collected is transferred to the USA and stored there. If personal data is transferred to the USA, Google certification guarantees that European data protection law is complied with. We have also concluded a data processing agreement with Google in accordance with Art. 28 DS-GVO.

Objection and removal options (“opt-out”):

You can generally prevent cookies from being saved on your hard disk by selecting “Do not accept cookies” in your browser settings. However, this may limit the functionality of our website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website and from processing this data by Google by downloading and installing the browser plug-in available at the following link: Browser-Plugin

As an alternative to the browser plugin above, you can prevent Google Analytics from collecting data by deactivating the option in the Cookie Pop-up: This will set an “opt-out” cookie that will prevent the future collection of your data when you visit this website. This cookie only applies to our website and your current browser and only lasts until you delete your cookies. In this case, you would have to set the cookie again. You can deactivate the cross-device user analysis in your Google account under “My data > Personal data”.

Rights of the data subject

Objection or revocation against the processing of your data

Insofar as the processing is based on your consent pursuant to Art. 6 para. 1 sentence 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.

Insofar as we base the processing of your personal data on the balancing of interests pursuant to Art. 6 para. 1 sentence 1 lit. f) DS-GVO, you can object to the processing. This is the case if, in particular, the processing is not necessary for the performance of a contract with you, which is described by us in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and will either discontinue or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.

You can object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise your right to object free of charge. You can inform us of your objection to advertising using the following contact details:

Right to information

You have the right to request confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have a right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. This includes, in particular, 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 origin of your data if it was not collected directly from you.

Right to rectification

You have a right to rectification of incorrect data or completion of correct data in accordance with Art. 16 DS-GVO.

Right to deletion

You have a right to erasure of your data stored by us in accordance with Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage conflict with this.

Right to data portability

You have a right to data portability in accordance with Art. 20 DS-GVO, which means that you can receive the personal data we have stored about you in a structured, common and machine-readable format or request that it be transferred to another person responsible.

Right to complain

You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement.

Right to restriction

You have the right to request a restriction on the processing of your personal data if one of the conditions in Art. 18 para. 1 lit. a) to d) DS-GVO is met:

Data security

We have taken appropriate technical and organizational security measures to protect all personal data that is transmitted to us and to ensure that we and our external service providers comply with data protection regulations. Therefore, among other things, all data between your browser and our server is transmitted in encrypted form via a secure SSL connection.

Quelle: Juraforum.de

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