Privacy Policy

Last updated: October 20, 2020

Thank you for visiting our website and for your interest in Neofonie Mobile. This privacy policy describes the privacy practices of our website and online services. Neofonie Mobile GmbH respects your privacy rights and wants you to feel safe and comfortable when visiting our website.

1. Name and address of the responsible person

The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection provisions is the:

Neofonie Mobile GmbH
Robert-Koch-Platz 4
10115 Berlin
Deutschland
Tel.: +49 30-24627-0
E-Mail: kontakt@neofonie.de
Website: www.neofonie.de

2. Contact to the data protection officer

Datargus Rechtsanwaltsgesellschaft mbH
z.Hd. Datenschutzbeauftragter der Neofonie Mobile GmbH
Brachvogelstraße 1
10961 Berlin
E-Mail: neofonie@datargus.de
Website: www.neofonie.de

3. General information on data processing

3.1 Scope of the processing of personal data

As a matter of principle, we collect and use personal data of our users only to the extent that this is necessary for the provision of a functional website and our content and services. The collection and use of personal data of our users is regularly only carried out with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by legal regulations.

3.2 Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) lit. a of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which our company is subject, Art. 6 (1) lit. c DSGVO serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) lit. d DSGVO serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) lit. f DSGVO serves as the legal basis for the processing.

3.3 Data deletion and storage duration

The personal data of the data subject shall be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.

4. Provision of the website and creation of log files

4.1 Description and scope of data processing

Each time you visit our website, our system automatically collects data and information from the computer system of the calling computer.

The following data is collected:

The log files contain IP addresses or other data that allow an assignment to a user. This could be the case, for example, if the link to the website from which the user accesses the Internet page or the link to the website to which the user goes contains personal data.

The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.

You remain anonymous as an individual user. Neofonie itself has no way of assigning this data to a specific person. In order to recognize, limit or eliminate malfunctions or errors in telecommunication systems, your IP address is stored for a maximum of 7 days beyond the end of your visit. This data is not merged with other data sources.

For the purpose of demand-oriented design and optimization of our website, we evaluate the collected log data in anonymized form.

Neofonie transmits logged connection data only if we are required to do so by law or by court order. In the case of attacks on the Internet infrastructure for legal or criminal prosecution is required. A passing on in other cases does not take place.

4.2 Legal basis for data processing

The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.

4.3  Purpose of data processing

The 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.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f DSGVO.

4.4 Storage duration

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.

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.

In principle, you have the option of using anti-tracking programs or AddOns / PlugIns for your web browser. For example, the browser add-on Ghostery: https://www.ghostery.com/de.

You can also activate the “Do Not Track” (DNT) function of your web browser. This signals the visited website or web application that it does not wish to create a usage profile. You can find more information on Wikipedia, for example: http://de.wikipedia.org/wiki/Do_Not_Track

As a preventive protective measure, you can disable cookies and also Javascript by default in your browser settings and only enable them for trusted sites when necessary.

4.5 Possibility of objection and removal

The collection of data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

5. Cookies usage

5.1 Cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. When a user accesses a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

Cookie Name: _ga

Cookie Name: _gat

Cookie Name: _clck, _clsk

Cookie Name: cookie_consent

Cookie Name: be_typo_user

5.2 Cookies

We also use cookies on our website that enable an analysis of the user’s surfing behavior.

Neofonie uses so-called cookies for the purposes of market research and for the needs-based design of our telemedia. With the help of the cookies, pseudonymized usage profiles are created. We use both temporary and persistent cookies from third-party providers.

A session cookie is a small piece of information that is temporarily stored on your terminal device by our web server. A randomly generated unique identification number (session ID) is stored in a session cookie. These cookies are deleted when you end the session. With a session cookie, the web server can clearly assign your computer during your visit. In this way, navigation on our website is technically facilitated.

Persistent cookies allow visitors to be recognized even after a longer period of time. Persistent cookies are stored as a text file on the hard drive of the visitor’s computer. These cookies are used in particular for analysis and tracking services.

Note: If you use social media services and are actively logged on to one of these social media services when visiting our website. If necessary, the pseudonymized cookies can be assigned to your user account, so that Google, Facebook and Twitter can create personalized usage profiles of you while surfing the Internet.

In this way the following data can be transmitted

– Entered search terms

– Frequency of page viewsUse of website functions

The user data collected in this way is pseudonymized by technical precautions. Therefore, an assignment of the data to the calling user is no longer possible. The data is not stored together with other personal data of the users.

When accessing our website, users are informed by an information banner about the use of cookies for analysis purposes and referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.

5.3 Google Analytics

Neofonie Mobile uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), including the functions of Universal Analytics. Google Analytics uses so-called “cookies”, text files that are stored on your computer. By means of these cookies, an analysis of your use of the website is possible. The information generated by the cookie about your use of this website is transferred anonymously to Google Inc. in the USA and stored there. Google Analytics primarily uses first-party cookies to record interactions of visitors to your website. These cookies are used to store non-personal data. First-party cookies are not made accessible by browsers across domains.

We use Google Analytics including the functions of Universal Analytics. Universal Analytics allows us to analyze the activities on our pages across devices (e.g., accesses via laptop and later via a tablet). This is made possible by pseudonymously assigning a user ID to a user. However, no personal data is forwarded to Google.

On behalf of Neofonie Mobile, Google will process the usage information collected for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.

Neofonie Mobile uses Google Analytics with the additional function “anonymizeIP()”. This means that IP addresses are not stored and processed in full, but only in abbreviated form. A direct inference to your person is thereby excluded.

The masked IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google. You can prevent Google cookies from being stored by setting your browser software accordingly. It is also possible to use the browser plugin provided by Google: http://tools.google.com/dlpage/gaoptout?hl=de.

You can prevent the collection by Google Analytics by clicking on the following link: Disable Google Analytics.
An opt-out cookie will be set that prevents future collection of your data when visiting this website.

This browser plugin currently only works with desktop browsers but not with mobile devices (smartphones, tablets). Alternatively, you can disable cookies and Javascript on your mobile devices.

Questions and answers about Google Analytics can be found on Google’s support website: https://support.google.com/analytics/answer/6004245?hl=de

6. Specific web pages

For the use of specific Internet pages of Neofonie, specific data protection notices apply in addition to this data protection declaration.

6.1 Newsletter / Neo Report

a) Description and scope of data processing

Neofonie offer you the possibility to subscribe to our newsletter: https://www.neofonie.de/neoreport/

For the newsletter service, we work with the service provider CleverReach GmbH& Co. KG, Mühlenstr. 43 26180 Rastede and Zoho Corporation BV, Hoogoorddreef 15, 1101 BA Amsterdam, The Netherlands. Neofonie creates and sends newsletters via Zoho’s services and servers: https://www.zoho.com/privacy.html

Zoho does not share your personal data with third parties.

On our website there is the possibility to subscribe to a free newsletter. When registering for the newsletter, the data from the input mask is transmitted to us.

– E-mail address
– Salutation
– Name
– Company

In addition, the following data is collected during registration:

– IP address of the calling computer
– Date and time of registration
– Referral URL

For the processing of data, your consent is obtained during the registration process and reference is made to this privacy policy.

No data will be forwarded to third parties in connection with the data processing for sending newsletters. The data is used exclusively for sending the newsletter.

b) Legal basis for data processing

The newsletter is sent on the basis of the user’s registration on the website: neofonie.de or neofonie-mobile.de and by storing the data in our zoho database.

The legal basis for the processing of data after registration for the newsletter by the user is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

c) Purpose of data processing

The collection of the user’s e-mail address is used to deliver the newsletter.

The collection of other personal data during the registration process serves to prevent misuse of the services or the e-mail address used.

d) Storage duration

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. Accordingly, the user’s e-mail address will be stored until you unsubscribe from the newsletter mailing.

The other personal data collected during the registration process is usually deleted after a period of seven days.

e) Possibility of objection and removal

The subscription to the newsletter can be cancelled by the user concerned at any time. For this purpose, you will find a corresponding link in each newsletter or you can send us an e-mail to marketing@neofonie.de.

This also enables the revocation of consent to the storage of personal data collected during the registration process.

6.2 Registration

a) Description and scope of data processing

On our website, we offer users the opportunity to register by providing personal data. The data is entered in an input mask and transmitted to us and stored. The data is not passed on to third parties. The following data is collected during the registration process:

– Salutation
– First and last name
– E-mail address
– Company
– Phone
– Free text

The following data is also stored at the time of registration:

– IP address of the user
– Date and time of registration
– Referral URL

As part of the registration process, the user’s consent to the processing of this data is obtained.

b) Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

c) Purpose of data processing

User registration is required for the provision of certain content and services on our website.

– Participation in events
– Download white papers and fact sheets
– Contact
– IP-address of the user
– Date and time of registration

d) Storage duration

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

This is the case for the data collected during the registration process, if the registration on our website is cancelled or modified.

e) Possibility of objection and removal

As a user, you have the option to cancel the registration at any time. You can have the data stored about you changed at any time. To do so, send an e-mail to marketing@neofonie.de

6.3 Contact form and e-mail contact

a) Description and scope of data processing

On our website, it is possible to contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored.

In this context, the data will not be passed on to third parties. The data is used exclusively for the processing of the conversation.

b) Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DSGVO.

c) Purpose of data processing

The processing of personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the submission process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

d) Storage duration

The data is 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 mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

e) Possibility of objection and removal

The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued.

To do so, please email us at marketing@neofonie.de.

All personal data stored in the course of contacting us will be deleted in this case.

7. Rights of the data subject

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:

7.1 Right to information

You may request confirmation from the controller as to whether personal data concerning you is being processed by us.

If there is such processing, you may request information from the controller about the following:

(1)       the purposes for which the personal data are processed;

(2)       the categories of personal data which are processed;

(3)       the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;

(4)       the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage duration;

(5)       the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;

(6)       the existence of a right of appeal to a supervisory authority;

(7)       any available information on the origin of the data, if the personal data are not collected from the data subject;

(8)       the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 DSGVO in connection with the transfer.

7.2 Right to rectification

You have a right to rectification and/or completion vis-à-vis the controller, insofar as the processed personal data concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

7.3 Right to restriction of processing

Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(1)       if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;

(2)       the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;

(3)       the controller no longer needs the personal data for the purposes of processing, but you need them for the assertion, exercise or defense of legal claims, or

(4)       if you have objected to the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data concerning you has been restricted, such data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

7.4 Right to deletion

a) Obligation to delete

You may request the controller to delete the personal data concerning you without undue delay, and the controller is obliged to delete such data without undue delay, if one of the following reasons applies:

(1)       The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2)       You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DSGVO and there is no other legal basis for the processing.

(3)       You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) DSGVO.

(4)       The personal data concerning you has been processed unlawfully.

(5)       The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

(6)    The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) DSGVO.

b) Information to third party

If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable measures, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.

c)  Exceptions

The right to erasure does not exist insofar as the processing is necessary to

(1)       to exercise the right to freedom of expression and information;

(2)       for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(3)       for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;

(4)       for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) of the GDPR, insofar as the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or

(5)       for the assertion, exercise or defense of legal claims.

7.5  Right of information

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 to be informed about these recipients by the data controller.

7.6 Right of data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that

(1)       the processing is based on consent pursuant to Art. 6 (1) a DSGVO or Art. 9 (2) a DSGVO or on a contract pursuant to Art. 6 (1) b DSGVO and

(2)       the processing is carried out with the help of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7.7  Right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Article 6 (1) (e) or (f) DSGVO; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.

7.8 Right to revoke the declaration of consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

7.9 Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1)       is necessary for the conclusion or fulfillment of a contract between you and the responsible party,

(2)       is permitted by legislation of the Union or the Member States to which the controller is subject and that legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or

(3)       is done with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.

With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, which shall include, at least, the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

7.10 Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

8. Information for applicants

Further information on data protection regarding our processing of applicant data in accordance with Articles (Art.) 13, 14 and 21 of the General Data Protection Regulation (DSGVO) can be found as a PDF document for download at the following link: Data protection information for applicants

9. Change to our privacy policy

We reserve the right to change our data protection measures accordingly. In these cases, we will also adjust our privacy notices accordingly. Therefore, please note the respective current version of our data protection declaration.