PRIVACY POLICY

1. Name and contact details of the Controller and of the data protection officer

This privacy policy applies to data processing by:
Controller:

Baqend GmbH
Stresemannstraße 23
22769 Hamburg
Tel.: +49 40 60940539
E-Mail: info@baqend.com

The company data protection officer can be reached at the above-mentioned address, Att. data protection officer, or by e-mail: datenschutz@baqend.com.

2. Collection, Storage and Erasure of Personal Data as well as Type and Purpose and their use

a) When visiting the website:

When you visit our Websites www.baqend.com, dashboard.baqend.com, test.speed-kit.com, speedstudy.info the browser you are using on your terminal device automatically sends information to the server of our website. This information will be temporarily stored in a so-called log file. The following information will be recorded without your intervention and stored until automated deletion.

  • IP address of the requesting computer,
  • date and time of access,
  • name and URL of the file accessed,
  • website from which access has been made (Referrer-URL),
  • the browser used and, if applicable, your computer’s operating system, and your access provider’s name.

We will be processing the above-mentioned data for the following purposes:

  • ensuring a smooth connection of the website,
  • ensuring comfortable use of our website,
  • evaluation of system security and stability,
  • for other administrative purposes.

The legal basis for data processing is GDPR sec. 6 para 1 lit. f. Our legitimate interest follows from the purposes listed above for data collection. In no case we will be using the collected data for the purpose of drawing conclusions about you.

b) When making contact:

For questions of any kind, we offer you the opportunity to contact us via a form provided on our website. Your name, a valid email address, and your request ("message") are required so that we know who sent the request and that we will be able to process it. Other information may be given voluntarily.

In addition, you have the chance to contact us at support@baqend.com. In order to process these inquiries efficiently, they are processed in a customer service software. The legal basis for this processing is GDPR art. 6 para. 1 sentence 1 lit. f.

The legal basis for data processing for the purpose of contacting us is GDPR art. 6 para. 1 sentence 1 lit. a, your freely given consent.

The personal data collected by us for the use of the contact form will be deleted after your request has been completed. The personal data processed within the scope of support requests will be deleted after the request has been completed, unless required by law.

c) Comments:

If you leave a comment or other posting on our website, we store your IP address in addition to your submission. This is done for our security, if illegal contents (e.g. insults, forbidden political propaganda, etc.) are published in comments or other contributions. In such a case we would pass on the IP address to the law enforcement authorities. The legal basis for this is Art. 6 Para. 1 S. 1 lit. f) DSGVO.

d) When subscribing to newsletter:

If you explicitly have consented pursuant GDPR sec. 6 para. 1 sentence 1 lit. a we will use your email address to regularly send you our newsletter. For receiving our newsletter, an e-mail address is sufficient.

If at all, your data will only be passed on to third parties for the technical handling of the newsletter dispatch via a service provider working in compliance with data protection regulations.

You can unsubscribe at any time, for example via a link at the end of each newsletter. Alternatively, you can unsubscribe at any time using info@baqend.com.

e) Customer account registration data:

On our website you have the option of setting up a user account with us. If you already have an account with Github, Google, or Facebook, you can register via these platforms. In these cases, the respective platforms will send us your name and e-mail address. Alternatively, you can register directly with us using the form on the website. For this we need your name and a valid e-mail address. Further information is voluntary. We need this data in order to be able to provide you with a user account. The legal basis for registration is GDPR sec. 6 para. 1 sentence 1 lit. b.

f) Order and payment data:

If you book a chargeable plan, we need additional payment and billing information such as a billing address and your credit card information. Payment data is collected in encrypted form and used exclusively to process the corresponding transaction. The processing is carried out exclusively by the corresponding service provider.

You can manage or delete the stored information in your user account.

g) Erasure of data:

Your data stored by us will only be stored for as long as it is required.

  • The data of the customer account will remain stored until you cancel the account.
  • The payment data remain stored without customer account until every transaction is processed.

The data will then be deleted, unless we need it to process outstanding tasks or to enforce our rights and claims, or we are required by law to retain it. In this case the data will be blocked for further use.

3. Disclosure of Data to Third Parties

Your personal data will not be transmitted to third parties for purposes other than those listed below. We only pass on your personal data to third parties:

  • if you explicitly have consented pursuant GDPR sec. 6 para. 1 sentence 1 lit. a,
  • if passing on your personal data pursuant GDPR sec. 6 para. 1 sentence 1 lit. f is necessary for assertion, exercise or defence of legal claims, and there is no reason to believe that you have an overriding interest worthy of protection in non-disclosure of your data,
  • in the event of a legal obligation existing for their transfer pursuant to GDPR sec. 6 para. 1 sentence 1 lit. c, and
  • this is permitted by law and it is necessary for carrying out our contractual relationships with you pursuant to GDPR sec. 6 para. 1 sentence 1 lit. b.

4. Cookies

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not harm your device, do not contain viruses, Trojans or other malicious software.

In the cookie information is stored, each resulting in connection with the specific terminal used. However, this does not mean that we are immediately aware of your identity.

The use of cookies is used to statistically record the use of our website and to evaluate it for the purpose of optimizing our performance for you. These cookies allow us to automatically recognize when you visit our website again that you have already been with us. These cookies will be erased after a defined period of time.

The data processed by cookies is required for the aforementioned purposes in order to protect our legitimate interests and those of third parties pursuant to GDPR sec. 6 para 1 lit. f.

Most browsers automatically accept cookies. However, you can configure your browser in a way that no cookies will be stored on your computer or a message always will appear prior to a new cookie being created. However, complete deactivation of cookies might lead to you not being able to using all our website’s functions.

5. Analysis Tools

We use the tracking measures listed below on the legal basis of GDPR sec. 6 para 1 lit. f. With the tracking measures used, we want to ensure that our website will be meeting requirements and will be held continually optimized. Furthermore, we use tracking devices to statistically record the use of our website and to evaluate it for the purpose of optimizing our service for you. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.

a) Google Analytics:

We use Google Analytics, a web analysis service by Google Ireland Limited (Gordon House Barrow Street, Dublin 4; hereinafter „Google“) for the purpose of demand-oriented design and continuous optimization of our sites. Google has submitted to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.

In this context, pseudonymised user profiles will be created and cookies will be used, see point 4. The information on your use of our website created by the cookie such as

  • browser type / version,
  • used operating system,
  • Referrer URL (the previously visited page),
  • the accessing computer’s host name of (IP address),
  • time of server request,

will be submitted to a server of Google in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on the website activities and to provide further services associated with the use of the website and of the internet for the purposes of market research and demand-oriented design of these web pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of the company. Under no circumstances will your IP address be merged with other data from Google. The IP addresses will be anonymized so that an assignment is not possible (IP masking).

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

Furthermore, you can prevent recording of data generated by the cookie relating to your use of the website (including your IP address) and its processing by Google when downloading and installing a browser-add-on https://tools.google.com/dlpage/gaoptout?hl=de.

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from capturing data by clicking this link. Current Google Analytics status:

Further information on data protection in connection with Google Analytics can be found at https://www.google.com/analytics/terms/de.html.

6. Other

a) Facebook Connect:

We offer you the opportunity to sign up for our service with Facebook Connect. An additional registration is therefore not possible. You will be redirected to Facebook’s page where you can log-in with your user data. This will link your Facebook profile and our service. Through the link, we automatically receive it from Facebook Inc. The following information is sent to us: name, e-mail address.

We will only use your name, e-mail address from this data. This information is mandatory for the login to be able to identify them.

For more information about Facebook Connect and privacy settings, please visit data protection information and Facebook Inc.’s terms of use.

b) HubSpot Livechat

We have implemented a chat functionality on our website. For this purpose we use the HubSpot Livechat addon from the company HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA. HubSpot, Inc receives IP address of the user and time of access for this purpose. When using the chat functionality, the messages are transferred to HubSpot, Inc. Further information can be found at https://legal.hubspot.com/privacy-policy/.

c) Hotjar

After logging in to dashboard.speed-kit.com or dashboard.speedkit.com, the analysis tool Hotjar of the company Hotjar Ltd, Dragonara Business Centre, 5th Floor, Dragonara Road, Paceville St Julian's STJ 3141, Malta is executed. This is used to obtain feedback from the user in order to improve the user experience. For this purpose, Hotjar Ltd receives the user's IP address, time of access, interactions and the feedback provided.

Further information can be found at https://www.hotjar.com/legal/policies/privacy/ and https://www.hotjar.com/legal/policies/terms-of-service/.

d) Plausible

This website uses Plausible to analyze usage data. Plausible is a service provided by Plausible Insights OÜ, Västriku tn 2, 50403, Tartu, Estonia.

By default, Plausible does not use cookies for web analytics and performs all measurements of usage data anonymously. Plausible generates a random string of letters and numbers and uses that string to determine unique visitors to a website. This string is automatically reset once per day. Plausible does not collect or store any personal data. All data processed by Plausible is aggregated and does not allow conclusions about individual persons. The creation of user profiles does not take place.

The data collected with Plausible is securely encrypted and hosted, processed, and stored on servers in Germany. The data does not leave the EU and is subject to strict European data protection laws and standards.

When you access the page, the following data is processed by Plausible:

  • anonymized IP address (internet protocol address)
  • information on the terminal device, operating system, and browser used
  • geo-information up to a maximum of country level
  • forwarding URL (referrer)
  • URL called up
  • subsequent pages called up within the website
  • length of stay on the website

The data processing takes place based on the legal provisions of Art. 6 (1) lit. f GDPR. Our legitimate interest in terms of the GDPR is the optimization of our online offer and our web presence. Since the privacy of our visitors is important to us, the IP address is anonymized as soon as possible. It is not used in any other way, merged with other data, or passed on to third parties.

To ensure the processing of personal data in compliance with data protection, we have concluded a data processing agreement (DPA) with Plausible based on Art. 28 GDPR.

Plausible's privacy policy

7. Rights of Data Subjects

You have the right:

to obtain access to your personal data processed by us in accordance with GDPR sec. 15. In particular, you may obtain access to the purposes of the processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the envisaged 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 source of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;

to immediately request the rectification of inaccurate or completion of incomplete personal data stored by us in accordance with GDPR sec. 16;

to request the erasure of your personal data stored by us pursuant to GDPR sec. 17, unless the processing for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for assertion, exercise or defense of legal rights is required;

to demand the restriction of the processing of your personal data pursuant to GDPR sec. 18, as far as the accuracy of the data is contested by you, the processing is unlawful, but you reject its erasure and we no longer need the data, but you require this, for the exercise or defense of legal claims or you objected to processing pursuant to GDPR sec. 21;

to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format in accordance with GDPR sec. 20. or to demand transmission to another controller;

to object to your consent given pursuant to GDPR sec. 7 para 3 at any time. As a result, we are no longer allowed to continue processing data based on this consent in the future and to lodge a complaint with a supervisory authority pursuant to GDPR sec. 77. As a rule, you can contact the supervisory authority of your habitual residence or place of work or place of business.

8. Right to object

If your personal data are processed based on legitimate interests pursuant to GDPR sec. 6 para. 1 sentence 1 lit. f, you have the right to object to the processing of your personal data pursuant to GDPR sec. 21, provided that there are reasons on grounds relating to your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which we will implement without specifying a particular situation. If you would like to make use of your right of revocation or objection, simply send an e-mail to info@baqend.com.

9. Data security

We use the most common SSL (Secure Socket Layer) method in connection with the highest level of encryption supported by your browser. Usually this is a 256 bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. Whether a single page of our website is transmitted in encrypted form can be seen from the closed display of the key or lock symbol in the status bar of your browser. We make use of the rest of the adequate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

10. Currentness and variation of this privacy policy

This data protection declaration is currently valid and has the status as of February 2022.

Due to further development of our website and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website at https://www.speedkit.com/privacy.