Privacy - CleverPush

We are pleased that you have visited our website. Data protection is very important to us and we want you to feel safe while visiting our website.

You can therefore visit our website without providing your personal data. However, as soon as you use individual functions, services or offers on our website, personal data may be processed. We only collect, process and use personal data if you have consented to the collection, processing and use or if there is a corresponding legal basis.

We reserve the right to change this privacy policy at any time with effect for the future. The latest version of the privacy policy can be accessed, saved and printed out on our website at any time.

Below we provide you with detailed information about the type, scope and purpose of the personal data we collect, use and process and explain the rights to which you are entitled as the data subject.

1. Name and address of the controller

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

CleverPush GmbH
Heidenkampsweg 100
20097 Hamburg
Email: moc.hsuprevelc@troppus
Telephone: 040 548 943 47

Data protection officer:
Mauß Datenschutz GmbH
Neuer Wall 10
20354 Hamburg
Telephone: 040 999 995 20
Email: datenschutz@datenschutzbeauftragter-hamburg.de

2. Access data in server log files

Every time our website is accessed, we automatically save access data in so-called server log files. This includes the date and time of access, the amount of data transferred and, if applicable, the name of the requested file, the browser used and its version, the operating system used, the requested URL including subpages, the referrer URL (URL that you visited immediately beforehand) and the requesting provider. The temporary storage of the IP address by the system is necessary in order to enable the website to be delivered to your device. For this purpose, your IP address must be stored for the duration of the session. The legal basis for the temporary storage of your data and the log files is Art. 6 Paragraph 1 Letter f of GDPR. This data is evaluated exclusively to ensure permanent and trouble-free operation of the website and to improve the content of our website, as well as for transmission to law enforcement authorities in the event of a cyber attack and to ensure the security of our information technology systems. Your data will not be evaluated for marketing purposes in this context. These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 Paragraph 1 Letter f of GDPR. The data in the server log files is stored separately from all other personal data you provide. The collection of data to provide the website and the storage of data in log files is essential for the operation of our website. There is therefore no possibility of objection.

3. Use of cookies and local storage

In order to make visiting our website attractive and to enable the use of certain functions, we use so-called “cookies” and “local storage” on our website. These are small text files that are stored on your device via a browser. Many cookies contain a so-called cookie ID. It consists of a character string that can be used to assign websites and servers to a specific browser in which the respective cookie was stored. After the end of the browser session, most of the cookies we use are deleted (“session cookies”). The permanent cookies (“persistent cookies”), on the other hand, remain on your device. The following data is stored and transmitted in the cookies: language settings, URL of the initial reference page, log-in information, search terms entered, frequency of page views, use of website functions. The data collected on our website is pseudonymized using technical precautions. It is therefore no longer possible to assign the data to you. The data is not stored together with your other personal data. The legal basis for the processing of personal data using cookies is Art. 6 Paragraph 1 Letter f of GDPR. The purpose of using technically necessary cookies is to simplify the use of our websites for you (e.g. we save your shopping cart). Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that your browser is recognized even after changing pages. If cookies are not accepted or deactivated, the functionality of our website may be restricted. Analysis cookies are used for the purpose of improving the quality of our website and its content. The analysis cookies tell us how you use the website and can therefore continually optimize our offering. For these purposes, we also have a legitimate interest in processing personal data in accordance with Art. 6 Paragraph 1 Letter f of GDPR. Some of the third-party services we integrate may use cookies. Please visit the websites of the relevant providers to find out more about how they work and how they process data. You can find out about the services we use in this privacy policy. Cookies are stored on your device and transmitted to our website. You therefore have control over the use of cookies. You can set your browser so that you are informed when cookies are set and decide individually whether to accept them, or you can exclude the acceptance of cookies for certain cases or in general, or set it so that cookies are prevented from being set and thus permanently object to cookies being set. You can also delete cookies that have already been set at any time via your browser. The transmission of Flash cookies cannot be prevented via the settings in your browser, but can be prevented by changing the settings in the Flash Player. This also applies to all third-party cookies listed by us below.

4. Data collection and use during registration

You have the option of registering on our website. In this case, we collect the personal data that you voluntarily provide to us during registration. Which data is collected can be seen from the respective input forms. The legal basis for processing your data is therefore Art. 6 Paragraph 1 Letter b of GDPR. We use the data you provide solely to process the contract and provide the services we require under the contract. We may also pass your data on to one or more processors (e.g. payment service providers) who also use your data exclusively for internal use on our behalf. We also store your IP address and the date and time of registration in order to prevent misuse of our website and the services offered on it and to investigate any crimes that may have been committed. Storing this data is therefore necessary for our own protection. The legal basis for processing personal data is Art. 6 Paragraph 1 Letter f of GDPR. Our legitimate interest in data processing in accordance with Art. 6 (1) (f) GDPR also lies in the aforementioned purposes. This data will generally not be passed on to third parties unless there is a legal obligation to pass it on or the transfer serves the purpose of criminal prosecution. After the contract has been fully processed or your account has been deleted, your data will initially be blocked for further use and deleted after the statutory retention periods have expired, unless you have expressly consented to further use of your data or we reserve the right to use the data in any other way that is permitted by law and about which we will inform you below.

5. Personalized advertising

Advertising is only effective if it is relevant to you. We therefore collect data (email address) from your user account in order to be able to show you suitable and interesting offers. The legal basis for the processing of personal data to display personalized advertising is Art. 6 (1) (f) GDPR. The data will not be passed on to third parties, but will be processed by us. Other data from your user account or other personal data will not be collected for the purpose of providing personalized advertising. Using personalized advertising, we can target you with advertising by placing personalized, interest-based advertisements on our website. The purpose of personalized advertising is therefore to be able to show you products that are of interest to you in advertisements. These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 Paragraph 1 Letter f of GDPR.

6. Koko Analytics

We use Koko Analytics on our website, a web tracking tool called Koko Analytics which stores the data exclusively on our servers and does not pass it on to third parties. The legal basis for the processing of personal data is Art. 6 Paragraph 1 Letter f of GDPR. Koko Analytics uses methods that enable an analysis of your use of the website, in particular which website you came to our website from (so-called referrer), which subpage you access or how often and for how long you view a subpage. Koko Analytics uses cookies for this purpose. Each time you visit a page on our website on which Koko Analytics has been integrated, your browser on your device is automatically prompted to transmit data to Koko Analytics for analysis purposes. These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 Paragraph 1 Letter f of GDPR.

7. Newsletter and newsletter analysis

You can subscribe to receive our newsletter. Our newsletter appears regularly and contains information about online marketing topics, particularly in the area of push messages, as well as our product (this can include references to blog posts, lectures or workshops, our services or online presence). To register, you must provide us with your email address. You can voluntarily provide us with additional information, such as your name. Registration takes place using a so-called double opt-in process. After registering on our website, you will receive a confirmation email from us in which you must confirm your registration again. This entire process is documented and saved. This includes saving the time of registration and confirmation, as well as your IP address. The collection of this data is necessary so that we can trace the processes in the event of misuse of the e-mail address and therefore serves our legal protection. By subscribing to our newsletter you agree to receive it. The legal basis for the processing of your data after registration for the newsletter is Art. 6 Paragraph 1 Letter a of GDPR if you have given your consent. You can revoke your consent to the storage and use of your personal data to receive the newsletter and the statistical survey described above at any time with effect for the future. To revoke your consent, you can use the link provided in the newsletter, unsubscribe from our website or notify us of your revocation by email to the following address: support@cleverpush.com. Your data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. Your e-mail address will therefore be stored as long as your newsletter subscription is active.

8. E-mail and contact form

Due to legal regulations, we provide information on our website that enables quick electronic contact with us and direct communication with us. This includes both our e-mail address and our contact form. If you contact us by e-mail or via our contact form, the personal data you transmit will be saved automatically. The other personal data processed during the contact process serve to prevent misuse of the contact form and to ensure the security of our information technology systems. The legal basis for the processing of data transmitted when an e-mail is sent is Art. 6 (1) (f) GDPR. If the aim of the contact is to conclude a contract, the additional legal basis for the processing is Art. 6 (1) (b) GDPR. We use the personal data you transmit exclusively to process your specific request. The data provided is always treated confidentially. 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 you has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified. You have the option of withdrawing your consent to the processing of your personal data at any time. If you contact us, you can object to the storage of your personal data at any time. In such a case, the conversation cannot be continued.

9. Hubspot

We use the Hubspot ticket system, a customer service platform of HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA (“Hubspot”), to process customer inquiries. We transmit the personal data referred to below to Hubspot in the USA. The USA is a so-called unsafe third country. If you contact us via our chat or our contact form, necessary data such as your last name, first name and email address will be collected via our website in order to be able to answer your query. By contacting us via the chat or our contact form, you agree to the processing of your personal data by Zendesk. If you have given your consent, the legal basis for the processing of your data is Art. 6 Paragraph 1 Letter a of GDPR. For more information on data protection, please see Hubspot’s privacy policy at https://legal.hubspot.com/privacy-policy. If you have any questions, you can also contact Hubspot’s data protection officer directly: privacy@hubspot.com

10. Payment service provider Stripe

If you select “credit card” or “direct debit” as a payment option during the ordering process, your data will be automatically transmitted to Stripe, 185 Berry Street, Suite 550, San Francisco, CA, USA (“Stripe”). We will transmit the following data to Stripe: first name, last name, if applicable. Company name, address, email address, account details, credit card details and other data necessary for payment processing. The legal basis for processing your data for payment processing is Art. 6 Paragraph 1 Letter b of GDPR. Stripe may also pass on personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil contractual obligations or if the data is to be processed on behalf of the customer.

11. Payment service provider PayPal

We have commissioned PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) to handle our payment process (PayPal). If you select “PayPal” as a payment option during the ordering process on our website, your data will be automatically transmitted to PayPal. By selecting one of these payment options, you consent to the transmission of your personal data as described below. We send PayPal your first name, last name, address, date of birth, gender, email address, IP address, telephone number, mobile phone number and other data that is necessary for payment processing. Personal data that is related to your respective order is also necessary for processing the payment. In particular, there may be a mutual exchange of payment information, such as bank details, card number, expiration date and CVC code, number of items, article number, data on goods and services, prices and taxes, information on previous purchasing behavior or other information on your financial situation. The purpose of transmitting the data is to process the payment. The legal basis for processing your data is therefore Art. 6 Para. 1 lit. b GDPR. The purpose of transmitting the data is also to prevent fraud. Personal data is transmitted to PayPal in particular if you have consented to this. The legal basis for processing your data after you have given your consent is Art. 6 Para. 1 lit. a GDPR. The personal data exchanged between PayPal and us may be transmitted by PayPal to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness in order to prevent fraud. PayPal also passes on the personal data to affiliated companies (PayPal Group) and service providers or subcontractors if this is necessary to fulfil the contractual obligations or if the data is to be processed on behalf of PayPal. You have the option of revoking your consent to the handling of personal data at any time. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing. For more information on data protection, including the credit agencies used, please refer to PayPal’s data protection principles https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

12. Data security

We secure our website and other systems through numerous technical and organizational measures against loss, destruction, access, alteration or distribution of your data by unauthorized persons. Despite regular checks, complete protection against all risks is not possible and cannot be guaranteed by us. For this reason, you are always free to send us your personal data via other means, for example by telephone or post.

13. Legal basis for the processing of personal data

If we obtain your consent to process personal data, Art. 6 (1) (a) GDPR serves as the legal basis for the processing of personal data. If personal data is necessary to fulfill a contract to which you are a party, Art. 6 (1) (b) GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. If the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR serves as the legal basis. In the event that your vital interests or the vital interests of another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis. If processing is necessary to protect a legitimate interest of our company or a third party and your interests, fundamental rights and freedoms do not outweigh the former interest, Art. 6 (1) (f) GDPR serves as the legal basis for processing.

14. Legitimate interests in processing

If the processing of your personal data is based on Article 6 I (f) GDPR, our legitimate interest is the conduct of our business activities, unless otherwise stated. Otherwise, we have stated our purposes and interests in the above list of processing.

15. Data deletion and storage period

Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies or you revoke your consent. In addition, data may be stored 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. If the purpose of storage no longer applies, you withdraw your consent, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with statutory provisions, unless there is a need for further storage of the data to conclude or fulfill a contract.

16. Right to information

You also have the right to obtain information about the personal data stored about you and a copy of this information from us at any time free of charge. You also have a right to information regarding the following information:

the purposes of the processing,
the categories of personal data being processed,
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations,
where possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria for determining this duration,
the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing,
the existence of a right to lodge a complaint with a supervisory authority,
if the personal data are not collected from the data subject: all available information on the origin of the data, and,
the existence of automated decision-making, including profiling, in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information about the logic involved, as well as the scope and intended effects of such processing for the data subject.

You also have the right to know whether personal data has been transferred to a third country or to an international organization. If this is the case, you also have the right to receive information about the appropriate guarantees in connection with the transfer.

17. Right to rectification

You have the right to request the immediate rectification and/or completion of inaccurate or incomplete personal data concerning you. We must carry out the rectification immediately.

18. Right to restriction of processing

You have the right to request that we restrict processing if one of the following conditions is met:

The accuracy of the personal data is contested by the data subject for a period that enables the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject opposes the erasure of the personal data and instead requests the restriction of the use of the personal data.
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
The data subject has objected to processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the controller outweigh those of the data subject.

If the processing of personal data concerning you has been restricted, these data – apart from being stored – may only be used with your consent or for the establishment, exercise or defence 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 of a Member State. If the restriction of processing has been restricted in accordance with the above-mentioned conditions, you will be informed by us before the restriction is lifted.

19. Right to erasure

You have the right to request that we delete the personal data concerning you immediately if one of the following reasons applies and processing is not necessary:

The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws his or her consent on which the processing was based according to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.
The personal data were processed unlawfully.
The deletion of the personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.
The personal data were collected in relation to information society services offered pursuant to Art. 8 Para. 1 GDPR.

If the personal data was made public by us and we as the controller pursuant to Art. 17 Para. 1 GDPR are obliged to erase the personal data, we shall take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform other data controllers which process the published personal data that the data subject has requested the erasure by such controllers of all links to these personal data or of copies or replications of these personal data, unless processing is required. The right to erasure does not exist if processing is necessary:

to exercise the right to freedom of expression and information;
to fulfill a legal obligation which requires processing by Union or Member State law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) GDPR;
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to make the achievement of the objectives of this processing impossible or seriously compromises it, or
to assert, exercise or defend legal claims.

20. Right to information

If you assert your right to rectification, erasure or restriction of processing vis-à-vis us, we are obliged to inform all recipients to whom the personal data concerning you was disclosed of said rectification, erasure or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure. You have the right to be informed by us of these recipients.

21. Right to data portability

You have the right to receive the personal data concerning you that you have made available to us in a structured, common and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, provided that the processing is based on consent pursuant to Art. 6 Para. 1 Letter a GDPR or Art. 9 Para. 2 Letter a GDPR or on a contract pursuant to Art. 6 Para. 1 Letter b GDPR and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us. Furthermore, when exercising your right to data portability pursuant to Art. 20 Para. 1 GDPR, you have the right to have the personal data transmitted directly from us to another controller, provided this is technically feasible and provided that this does not adversely affect the rights and freedoms of others. The right to data portability does not apply to the 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.

22. Right to object

You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) e or f GDPR, for reasons related to your particular situation. This also applies to profiling based on these provisions. In the event of an objection, we will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If we process your personal data in order to conduct direct advertising, you have the right to object at any time to the processing of your personal data for the purposes of such advertising. This also applies to profiling insofar as it is associated with such direct advertising. If you object to us processing for direct marketing purposes, we will no longer process your personal data for these purposes. You also have the right to object to the processing of your personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Para. 1 GDPR, unless such processing is necessary to perform a task carried out in the public interest. You can contact us at any time to exercise your right to object. In connection with the use of information society services, you are also free to exercise your right of objection by means of automated procedures that use technical specifications, notwithstanding Directive 2002/58/EC.

23. Right to revoke consent to data protection

You have the right to revoke your consent to the processing of personal data at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.

24. Right to automated decisions in individual cases, including profiling

You have the right not to be subjected to a decision based exclusively on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you, provided that the decision

is not necessary for the conclusion or fulfillment of a contract between you and us or
is permitted by Union or Member State law to which we are subject and this law contains appropriate measures to safeguard your rights and freedoms as well as your legitimate interests or
is made with your explicit consent.

If the decision

is necessary for the conclusion or fulfillment of a contract between you and us or
is made with your explicit consent,

we will take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, including at least the right to obtain human intervention on our part, to express their own point of view and to contest the decision belongs.

25. Existence of automated decision-making

We do not carry out automated decision-making or profiling.

26. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you violates the GDPR. These purposes also constitute our legitimate interest in data processing pursuant to Art. 6 (1) (f) GDPR. The supervisory authority to which the complaint was submitted will inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

STATUS: July 2022