Data protection declaration of Prime Elements
We (Prime Elements GmbH) take the protection of your data very seriously. We treat your data confidentially and follow the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), as well as the German Telemedia Act (TMG) and as specified in this data protection declaration. Our data protection declaration is based on the terms used by the European guideline and regulation provider when issuing the GDPR. Please note that the English version is a convenience translation only. When in doubt, the German version of the data protection declaration (Datenschutzerklärung)> is relevant and leading.
Name and address of the person in charge
The controller within the meaning of the GDPR and the Federal Data Protection Act is
Prime Elements GmbH*
Warschauer Platz, Berlin, BE 10245
E-mail: info@prmelements.io
(hereinafter: “Prime Elements”, or “We”, “us”)
*represented by: Yury Burenko
The company data protection officer of the controller is
Yury Burenko
Warschauer Platz, Berlin, BE 10245
Tel: +49 176 83098929
E-mail: yb@prmelements.io
General information on data processing
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Concept of personal data
Personal data is any information relating to an identified or identifiable natural person. This includes, for example, information such as your name, age, address, telephone number, date of birth, email address, IP address, or user behaviour on our website. Information for which we cannot (or can only with disproportionate effort) establish a connection to your person, e.g,. By anonymising the information, it is not personal data.
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Scope of the processing of personal data
We only process our users’ data to the extent necessary to provide and optimise a functional website and our content and services.
The processing of our users’ data only takes place with your consent. An exception applies in cases where the processing of data is permitted by law.
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Legal basis for the processing of personal data
The processing of personal data (e.g., the collection, retrieval, use, storage, or transfer) always requires a legal basis or your consent.
Insofar as we obtain consent for the processing of personal data, Art. 6 para. 1 lit. The EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data that is necessary for the fulfilment of a contract to which you are a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to pre-contractual measures.
In other cases, we refer to a legitimate interest in processing by Art. 6 para. 1 lit. f GDPR.
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Data erasure and duration of storage
Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies.
Provision of the website and creation of log files (log files)
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Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data is logged:
- Information about the browser type and version used
- The user’s operating system
- IP address of the user and the requesting provider
- Date and time of access
- Websites from which the user’s system accesses our website are stored as referrers
- Name of the website accessed
- Amount of data transferred
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Legal basis for data processing
The legal basis for the temporary storage of data and log files is Article 6(1)(f) GDPR in conjunction with Section 3 BDSG.
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Purpose of data processing
Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session. We only use the log data for statistical evaluations for the purpose of operation, security, and optimisation of the website, as well as for other administrative purposes. However, we reserve the right to check the log data retrospectively if there is a justified suspicion of unlawful use based on concrete evidence.
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Duration of storage
As soon as the aforementioned data is no longer required to display the website, it is deleted. The collection of data for the provision of the website and the storage of data in log files are absolutely necessary for the operation of the website. Consequently, the user has no option to object. Further storage may take place in individual cases if this is required by law. If log files are checked on suspicion of unlawful use, the data will be deleted as soon as the check has been completed.
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Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files are absolutely necessary for the operation of the website. Consequently, the user has no option to object.
Contact options on our website (contact forms, e-mail, etc.)
We provide you with various options for contacting us. All information that is collected when you contact us is necessary at the time to be able to provide you with our services.
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Type, purpose, and scope of data processing
It is possible to contact us using the contact form, by e-mail, or by telephone. The user’s details are stored to process the enquiry.
If you contact us by e-mail, the personal data you send us with this e-mail will be stored.
If you contact us by telephone, the telephone number from which the call was made and the date of the telephone call will be stored.
In addition, the information you have provided to us during the telephone call will be stored if this is necessary to answer and further process your enquiry.
We also provide contact forms on our website. The data requested in the contact form may vary depending on the subject area. The provision of this data is largely voluntary. Among other things, we need the data to provide you with an initial, indicative, rough assessment of your request and/or to be able to match your enquiry to the appropriate cooperation partners as comprehensively and individually as possible.
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Legal basis
Art. 6 para. 1 lit. b, f GDPR serves as the legal basis for the aforementioned data processing. The processing of the aforementioned data is necessary to safeguard a legitimate interest in communicating with website visitors and to prepare or provide the contractually agreed service.
Insofar as the user’s consent has been obtained, the processing of the personal data described is also based on Art. 6 para. 1 lit. a GDPR.
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Duration of storage
The duration of the storage of the above-mentioned data depends on the background of your contact. Your data will be deleted regularly if the purpose of the communication no longer applies and storage is no longer necessary.
Comments and questions
- Type, purpose, and scope of data processing
When users leave comments under our posts or ask questions under our blogs (currently optional), we store the following data: Name, e-mail address, IP address
We store your IP address and email address to protect ourselves against illegal content (insults, prohibited political propaganda, etc.) in comments and posts. In this case, we ourselves may be prosecuted for the comment or post, which is why we have a legitimate interest in determining the identity of the author.
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Legal basis
Art. 6 para. 1 lit. b, f GDPR serves as the legal basis for the aforementioned data processing. The processing of the aforementioned data is necessary to safeguard a legitimate interest in communicating with website visitors and to provide the service. If necessary, the communication also serves contractual purposes.
- Duration of storage
The duration of the storage of the above-mentioned data depends on the background of your contact. The comments and responses also serve in particular to educate and inform other website visitors. Your data will be deleted regularly if the purpose of providing information and clarification no longer applies and storage is no longer necessary. We will also delete your comment as quickly as possible if you request this by sending an email to info@prmelements.io stating your reason.
Newsletter
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Type, purpose, and scope of data processing
We store the following data for the registration to our regular newsletter:
E-mail address
The processing of the aforementioned data is necessary for the correct dispatch of the newsletter.
Subscription to the newsletter is voluntary and only takes place with the user’s consent. Unsubscribing from the newsletter is possible at any time and can be done either via a link at the end of each newsletter or by sending your unsubscribe request by email to info@prmelements.io.
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Legal basis
The legal basis for data processing is the voluntarily granted consent of the recipient following Art. 6 para. 1 lit. a GDPR.
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Duration of storage
The duration of storage of the above-mentioned data depends on how long you wish to recieve the newsletter.
Use of cookies
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Description, purpose, and scope of data processing
We use “cookies” on our website. Cookies are files that are sent by us to the browser of your end device and
stored there when you visit our website. Cookies enable us to improve the convenience and quality of the website
service, for example, by saving user settings. Cookies are able, for example, to recognise the browser you use
when you visit our website again and to transmit various information to us. Some functions of our website cannot
be offered without the use of technically necessary cookies.
In the future, we may participate in performance advertising networks. As part of its tracking services, these networks store cookies on the end devices of users who visit or use websites or other online offers of its customers (e.g., register for a newsletter or place an order in an online shop) to document transactions (e.g., leads and sales). These cookies serve the sole purpose of correctly allocating the success of an advertising medium and the corresponding billing within its network.
If third parties process information via cookies, they collect the information directly via your browser. Cookies do not cause any damage to your end device. They cannot execute programmes or contain viruses. Persistent cookies are also used on our website. These cookies are automatically deleted after a specified period. The duration may vary depending on the cookie. You can delete these cookies at any time via your browser settings.
The use of these cookies serves to make our website more effective and user-friendly for you and contributes to a secure and compliant use of the website. Some of the functions of our website make it necessary for your browser to be identified even after a page change. However, this is never used to create individual user profiles. Insofar as we use cookies for analysis purposes, this serves to improve the quality of the content of our website. Cookies enable us to track how often and in what way the website, computers, and other functions are used. This enables us to continuously optimise our offering.
As the cookies are stored on your end device and transmitted to our server by it, you can configure the processing of data and information about cookies yourself using your browser settings. For example, you can delete cookies manually or reject them altogether. We would like to point out that in this case, you may not be able to use all the functions of the website properly. If you would like a comprehensive overview of all third-party access to your Internet browser, we recommend that you install specially developed plug-ins for this purpose.
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Legal basis for data processing
The use of cookies is based on your consent on the legal basis of Art. 6 para. 1 lit. a GDPR. -
Duration of storage, right to object, and right to erasure
The cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in your browser settings
Disclosure of data to other third parties
We only pass on your personal data to third parties if:
- You have given your express consent to this per Art. 6 para. 1 sentence 1 lit. a GDPR or
- If there is a legal obligation for the disclosure according to Art. 6 para. 1 sentence 1 lit. c GDPR or
- This is permitted by law and is necessary according to Art. 6 para. 1 sentence 1 lit. b GDPR for the fulfilment of a contractual relationship or the implementation of pre-contractual measures following your request, or
- The disclosure according to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary to safeguard legitimate company interests, and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data, or
- The disclosure according to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise, or defence of legal claims, and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data.
Unless otherwise stated here, the data is passed on to companies and/or services that process the data in the EU. These are data analysis companies and advertising service providers. The companies/services either act as contract data processors for us or are jointly responsible with us.
In particular, personal data of the user may be passed on to third parties for the purpose of market research, information about products and services, and for the purpose of advertising after consent has been given and recorded in our privacy policy by ticking the corresponding box. The transfer of data to third parties or our cooperation partners takes place exclusively for information about products and services of our cooperation and for the optimisation of our advertising campaigns. The consent given to the forwarding of data by ticking the box can, of course, be revoked at any time by sending a written notification to the addresses listed under 1.
Below you will find an overview of companies and/or services with which we exchange personal data. The companies/services either act as contract data processors for us or are jointly responsible with us. Insofar as data is transferred to third countries, the data transfer is secured by contractual provisions that guarantee an appropriate level of protection within the meaning of the GDPR:
Google Analytics
On our website, we use Google Analytics, a web analytics service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). Google Analytics uses so-called “cookies”, text files which are stored on the user’s computer and which enable the use of the website to be analysed. The information generated by the cookie about the use of this website by users is usually transmitted to a Google server in the USA and stored there.
However, if IP anonymisation is activated on this website, the IP address of Google users within member states of the European Union or in other signatory states to the Agreement on the European Economic Area will be shortened beforehand. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. IP anonymisation is active on this website. On behalf of the operator of this website, Google will use this information to analyse the use of the website by users, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. Users may refuse the use of cookies by selecting the appropriate settings on their browser; however, please note that if you do this, you may not be able to use the full functionality of this website. Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the website (including IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The use of Google Analytics enables us to statistically record the use of our website by visitors. The information obtained from this helps us to improve and further develop our online offering. We therefore have a legitimate interest in using the tracking tool. The legal basis for this is Art. 6 para. 1 sentence 1 lit. f GDPR.
You can find more information on Google’s terms of use and data protection at: http://www.google.com/analytics/terms/de.html or under https://www.google.de/intl/de/policies/.
HubSpot
Our website uses the services of HubSpot Inc., 25 First Street, Cambridge, MA 02141 USA (hereinafter “HubSpot”). HubSpot is a software company from the USA with a European branch in Ireland (HubSpot, 2nd Floor, 30 North Wall Quay, Dublin 1, Ireland). We use HubSpot as an integrated software solution for our online marketing activities. This includes, in particular, the management of contact forms, email marketing (sending newsletters and automated emails), and analytics of our website usage.
When you fill out and submit a form on our website (e.g., to download content, request information, or subscribe to our newsletter), your entered data is transmitted to HubSpot servers and stored there. This may include personal data such as your name, email address, phone number, company affiliation, and product interest.
We use the information collected to provide you with content that is relevant to your interests, respond to inquiries, and improve our marketing and customer communication. HubSpot processes this data on our behalf based on a data processing agreement according to Art.. 28 GDPR.
Data may be transferred to HubSpot servers in the USA. HubSpot is certified under the EU-U.S. Data Privacy Framework, ensuring a level of data protection equivalent to that of the EU.
You can find more information about HubSpot’s privacy practices at: https://legal.hubspot.com/privacy-policy
The legal basis for the use of HubSpot is Art. 6 (1) lit. f GDPR (legitimate interest in effective marketing and communication) or, if consent has been given, Art. 6 (1) lit. a GDPR.
You may withdraw your consent at any time with effect for the future. For further details, please refer to the “Your Rights” section of this privacy policy.
If you agree to the marketing cookies, our website uses cookies from the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.
If you have a LinkedIn account, LinkedIn receives the information that you have visited our website with your IP address. In addition, LinkedIn is then able to associate your visit to our website with you and your user account. We would like to point out that we do not know the content of the transmitted (personal) data or its use by LinkedIn. Further information on this can be found in LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy.
If you wish to deactivate LinkedIn cookies, please use the following link:
https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
Your rights
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:
- Right to information – Art. 15 GDPR
You can request confirmation from us, as the controller, as to whether personal data concerning you is being processed by us. You also have the right to request information as to whether the personal data concerning you is being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards according to Art. 46 GDPR in connection with the transfer. Reference is also made to the right to data portability, Art. 20 GDPR. - Right to rectification – Art. 16 GDPR
You have a right to rectification and/or completion vis-à-vis us as the controller if the processed personal data concerning you is incorrect or incomplete. The controller must correct without delay. - Right to restriction of processing – Art. 18 GDPR
Under certain circumstances, you may request that the processing of your personal data be restricted. - Right to erasure – Art. 17 GDPR
Under certain conditions, you can request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase this data without undue delay. In addition, under certain circumstances, the controller is obliged to inform third parties about the erasure request. - Right to information – Art. 19 GDPR
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data, or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right vis-à-vis the controller to be informed about these recipients. -
Right to data portability – Art. 20 GDPR
Under certain conditions, you have the right to receive the personal data concerning you from the controller in a commonly used, machine-readable format in order to have it transmitted to another controller. In exercising your right to data portability according to paragraph 1, you have the right to have the personal data transmitted directly from us to another controller, where technically feasible. -
Right to object – Art. 21 GDPR
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on point (f) of Article 6(1) GDPR. - Right to revoke the declaration of consent under data protection law – Art. 7 para. 3 GDPR
You have the right to revoke your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. - Right to lodge a complaint with a supervisory authority – Art. 77 GDPR
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with the supervisory authority if you consider that the processing of personal data relating to you infringes the GDPR.
Competent supervisory authority
Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219
10969 Berlin
Phone: +49 (0)30 13889-0
Fax: +49 (0)30 2155050
E-mail address: mailbox@datenschutz-berlin.de