The purpose of this data privacy statement is to inform you, as the user, about the gathering of personal data on this website. We therefore place great value on all the essential information concerning the protection of your data being presented in the most transparent way possible. Should anything nonetheless be unclear to you, or should you have any questions, and thus a need for clarification, please do not hesitate to contact us.

A. Controller

The Controller, within the meaning of the General Data Protection Regulation (Art. 4(7) GDPR) and the other national data protection laws, as well as any other provisions under data protection law, is:

Climbing Perch UG (haftungsbeschränkt)

Lindenstr. 33A

12555 Berlin

E-Mail: info@climbingperch.com

Full provider identification: www.easytranscript.de/en/imprint

These contact details are thus relevant for all matters of a data protection nature relating to this website, as well as any claims on your part under data protection law.

B. Collecting and storing of personal data when visiting our website

Below, we provide information about the processes relevant to data protection that take place when you visit our website.

1. Log files

We host the content of our website with IONOS SE, Elgendorfer Str. 57, 56410 Montabaur (hereinafter referred to as IONOS). When you visit our website, IONOS collects various log files, including your IP addresses. For details, please refer to the IONOS privacy policy: https://www.ionos.de/terms-gtc/terms-privacy.

The use of IONOS is based on Art. 6(1)(f) GDPR. We have a legitimate interest in ensuring that our website is displayed as reliably as possible. If consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s terminal device (e.g. device fingerprinting) within the meaning of the TDDDG. Consent can be revoked at any time.

We have concluded a data processing agreement for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that IONOS processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

2. Cookies and consent management

We deploy so-called “cookies” on our website. These are small files that your browser creates automatically, and which are stored on your computer system when you visit our site. Cookies do not harm your computer system, and do not contain any viruses, Trojan horses or other malware.

In order to manage these cookies and external services in compliance with data protection regulations, we use the consent management plugin Complianz (software provider: Complianz B.V., Kalmarweg 14-5, 9723 JG Groningen, the Netherlands). Complianz runs on our web server. When you visit our website, Complianz stores cookies with the prefix “cmplz_” in your browser, documenting the consents you have given or the revocation of these consents. These cookies are deleted after 12 months at the latest. The data is not passed on to the provider of Complianz. It is used to obtain the legally required consents for the use of cookies. The legal basis for this is Art. 6(1)(c) GDPR.

We deploy cookies to improve our website, for example to make it more user-friendly and to adapt it to users’ interests.

In that respect, the following data is stored in the cookies and transmitted:

1. Language settings
2. Progress of the ordering process
3. Use of website functions
4. Order attribution: We use WooCommerce’s built-in order attribution to analyze the origin of orders (e.g. which ad or search engine a purchase was made through).

The data gathered in this way is pseudonymised by means of technical precautions. Therefore, it is generally not possible to assign the data to you. The data is not stored together with other personal data unless this is necessary for contract processing (e.g. for an order).

The data processed by cookies is necessary for the purposes mentioned, in order to protect our legitimate interests, as well as those of third parties, pursuant to Art. 6(1)(f) GDPR.

Most browsers accept cookies automatically. In order to prevent this, you may, however, configure your browser in such a way that no cookies are stored on your computer system, or that a notice always appears before a new cookie is placed. Completely deactivating cookies may, however, lead to you not being able to use all the functions of our website.

3. Website analysis

Matomo

This website uses the open source web analytics service Matomo.

With the help of Matomo, we are able to collect and analyze data about how visitors use our website. This allows us to find out, among other things, when page views were made and which region they came from. We also collect various log files (e.g. IP address, referrer, browsers and operating systems used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in analyzing user behavior in order to optimize both its website and its advertising. If consent has been requested, processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and Section 25(1) TDDDG, insofar as the consent includes the storage of cookies or access to information on the user’s terminal device (e.g. device fingerprinting) within the meaning of the TDDDG.
Consent can be revoked at any time.

We use IP anonymization for analysis with Matomo. This means that your IP address is truncated before analysis, so that it can no longer be clearly assigned to you.

We have configured Matomo so that Matomo does not store any cookies in your browser.

C. Contacting us

You can contact us electronically by e-mail or via a form on the website. In this case, the data that you send us will be stored by us.

This concerns the following:

1. Your name
2. Date of contact
3. Your e-mail address
4. Any further data, if provided by you

If you write us an e-mail or use the form and are interested in our offers, the legal basis for the data processing is Art. 6(1)(b) GDPR.

This data, transmitted to us, will only be used for handling the conversation, and not passed on to third parties.

We will delete this data once it is no longer required for the respective purpose, i.e. once the e-mail exchange with you has ended and we have addressed your concern in full.

You can revoke your consent to the processing of your data at any time. For this purpose, please contact us using the above-mentioned contact options. In the event of a revocation, all your personal data that has been stored for the purpose of contacting you will be deleted.

D. Processing of audio files through online transcription creation

If you have us create transcripts online, your data will be processed by third-party providers for this purpose.

For this purpose, we use Microsoft Azure, a cloud service provided by Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. The audio tracks are extracted from the media files you provide and uploaded as audio files to the Microsoft Azure cloud environment, where they are automatically converted into text. Microsoft Azure processes the data on our behalf in accordance with Art. 28 GDPR. Processing generally takes place in data centers within the European Union, but Microsoft reserves the right to process the data outside the EU in exceptional cases. In such cases, Microsoft takes appropriate measures to ensure that an adequate level of data protection is guaranteed in accordance with the requirements of the GDPR, for example by concluding EU standard contractual clauses. For more information on data processing by Microsoft Azure, please visit Microsoft’s privacy policy: https://privacy.microsoft.com/de-de/privacystatement.

Secondly, we use Gladia, a provider of audio intelligence solutions operated by Gladia SAS, 38 Rue de la Tremblaie, 35510 Cesson-Sévigné, France, to process audio files and create transcripts. The audio tracks are extracted from the media files you provide and transmitted as audio files to the Gladia platform, where they are automatically converted into text. Gladia processes the data on our behalf in accordance with Art. 28 GDPR. The processing is carried out in accordance with Gladia’s data protection regulations, which provide for appropriate measures to protect your data. For more information on data processing by Gladia, please visit Gladia’s privacy policy: https://www.gladia.io/privacy-notice?utm

The processing by Azure and Gladia is carried out in order to prepare the contents of the audio files in written form and make them available for further analysis. The processing of the audio files is carried out on the basis of Art. 6(1)(b) GDPR (performance of the user agreement). The audio files and the transcripts created from them will be deleted together with the other data that has also been transmitted (e.g. metadata, speaker names, and personal data within the transcript) as soon as they are no longer required to achieve the purpose for which they were collected, provided that there are no statutory retention obligations.

E. Licensing and use of the software

The following information relates to the handling of your data in connection with an order/licensing, registration and use of the software.

(1) Ordering/licensing, registering a user account

Should you place an order on our website, we will use the data provided by you to process the order and to fulfil our contractual obligations. This concerns the following data:

1. Your IP address
2. Date and time of the order
3. Your name
4. Your address
5. Your e-mail address
6. If applicable, proof of eligibility for special licenses (e.g. student status)

We also use this data if you register a user account with us as part of licensing or in advance. You can update your data and manage your licenses via the user account.

The legal basis for storing this data in the context of registration and/or licensing is Art. 6(1)(b) GDPR.

(2) Payment transaction

We use payment service providers to carry out the payment transaction. In addition to the payment data (your bank details for the direct debit or your credit card details), the following data is also processed by the payment service provider you use:

1. Your name
2. Your address
3. Your e-mail address
4. IP address

The payment data provided and the other data will not be passed on by us or the payment provider to third parties who are not involved in the performance of the contract and the processing of the payment (exception: credit reporting agencies, see below).

The legal basis for the storage and processing of this data is the performance of the concluded contract (Art. 6(1)(b) GDPR).

The following payment providers can be used:

Stripe: This is a service provided by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Please note that Stripe may work with credit reporting agencies. It is therefore possible that your data will be transferred to the companies named by Stripe in its privacy policy.

You can find data protection information on Stripe Payments Europe Ltd. here: https://stripe.com/de/privacy

PayPal: This payment service is provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The data is transferred on the basis of Art. 6(1)(b) GDPR (performance of a contract). For details, please refer to PayPal’s privacy statement: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

(3) Use of the software

During the use of the software, the following data is transmitted to us per active user license:

1. IP address
2. Device name
3. and the license data (your e-mail address and password)

This data is necessary to check the validity of your license and to inform you whether updates are available for the software you are using.

The legal basis for the storage and processing of this data is the performance of the concluded license agreement (Art. 6(1)(b) GDPR).

In the context of an error report, additional user data may be loaded that is required to fix the error (possibly personal data such as folder structures, file names or metadata of the transcripts). This data is no longer available to us once the support service has been completed.

F. Processing in third countries in general

Insofar as and unless otherwise stated above, your personal data will be processed in countries outside the European Union (EU) or the European Economic Area (EEA) exclusively on the basis of the legal requirements pursuant to Art. 44 GDPR. In the present case, this takes place exclusively either on the basis of an adequacy decision of the European Commission (Art. 45 GDPR) and/or on the basis of appropriate safeguards (Art. 46 GDPR).

G. General storage period

In general, personal data is only stored for as long as is necessary to fulfil the purpose of the data collection or to comply with the respective statutory retention period. Once the purpose no longer applies or the retention period has expired, the data will be deleted.

H. Rights of data subjects

Insofar as we have processed your personal data, you are a data subject within the meaning of the GDPR and you have the following rights in relation to us:

• Art. 15 GDPR – You may request information about your personal data processed by us. In particular, you may request information about the purposes of the processing, the categories 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, and the existence of automated decision-making including profiling and, where applicable, meaningful information about its details.
• Art. 16 GDPR – You may request the immediate rectification of inaccurate personal data stored by us or the completion of incomplete personal data.
• Art. 17 GDPR – You may request the erasure of your personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims.
• Art. 18 GDPR – You may request the restriction of the processing of your personal data,
  • insofar as you dispute the accuracy of the data,
  • insofar as the processing is unlawful but you oppose its erasure and we no longer need the data, but you require it for the establishment, exercise or defence of legal claims,
  • or insofar as you have objected to the processing pursuant to Art. 21 GDPR.
• Art. 20 GDPR – You may receive the personal data you have provided to us in a structured, commonly used and machine-readable format or request its transmission to another controller.
• Art. 7(3) GDPR – You may withdraw your consent at any time. As a consequence, we may no longer continue the data processing based on this consent in the future.
• Art. 77 GDPR – You may lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or of our registered office.

I. Right to object

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6(1)(f) GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, insofar as there are grounds for this arising from your particular situation or the objection is directed against direct marketing. In the latter case, you have a general right to object, which we will implement without you having to specify a particular situation.

If you wish to exercise your right of withdrawal or your right to object, it is sufficient to send an e-mail to the e-mail address stated above.