Milengo GmbH Privacy Policy

Thank you for your interest in our company. Data protection is of particular importance to the management of Milengo GmbH. You can use the Milengo GmbH website without providing any personal data. However, if a data subject wishes to use our company’s special services through our website, personal data processing may be required. If the processing of personal data is required and there is no legal basis for such processing, we generally seek the consent of the data subject.

Personal data, such as the name, address, e-mail address, or telephone number of a data subject, is always processed in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Milengo GmbH. Through this Privacy Policy, our company seeks to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights in this Privacy Policy.

Milengo GmbH has implemented numerous technical and organizational measures as the controller in order to ensure the most complete protection possible for personal data processed via this website. Nevertheless, there may be security gaps in Internet-based data transfer, so absolute protection cannot be guaranteed. For this reason, every data subject is free to submit personal data to us in alternative ways, for example, by telephone.

1. Definitions of Terms

The Privacy Policy of Milengo GmbH is based on the terminology used by the European directive and regulatory authority in the text of the General Data Protection Regulation (GDPR). Our Privacy Policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in the Privacy Policy in advance.

We use the following terms, among others, in this Privacy Policy:

• a) Personal data

  Personal data is any information relating to an identified or identifiable natural person (hereinafter the ‘data subject’). A natural person is considered to be identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, or an online identifier, or with one or more special features that express the physical, physiological, genetic, mental, economic, cultural, or social identity of said natural person.

• b) Data subject

  A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

• c) Processing

  Processing means any process or series of processes, with or without the aid of automated procedures, related to personal data, such as collecting, recording, organizing, arranging, storing, adapting or modifying, reading, querying, using, disclosing via submission, dissemination, or any other form of provision, comparison or linking, restriction, erasure, or destruction.

• d) Restriction of processing

  Restriction of processing means marking stored personal data with the aim of restricting its future processing.

• e) Profiling

  Profiling is any kind of automated processing of personal data that consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyze or predict aspects relating to the job performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts, or change in location of that natural person.

• f) Pseudonymization

  Pseudonymization is the processing of personal data in such a way that such personal data can no longer be attributed to a specific data subject without the need for additional information, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data is not assigned to an identified or identifiable natural person.

• g) Controller or data controller

  The controller or data controller is the natural or legal person, public authority, institution, or body that, alone or in concert with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by EU law or the law of EU member states, the controller or the specific criteria for their designation may be provided for under EU or EU member state law.

• h) Processor

  The processor is a natural or legal person, public authority, institution, or other body that processes personal data on behalf of the controller.

• i) Recipient

  The recipient is a natural or legal person, public authority, institution, or other body to whom personal data is disclosed, regardless of whether or not it is a third party. However, authorities which may receive personal data in connection with a particular commissioned review under EU or EU member state law are not considered recipients.

• j) Third party

  A third party is a natural or legal person, public authority, institution, or body other than the data subject, the controller, the processor, and the persons authorized under the direct responsibility of the controller or the processor to process personal data.

• k) Consent

  Consent is any voluntarily given and unambiguously expressed declaration of intent in the form of a statement or other unambiguous confirmatory act by the data subject for the particular case, by which the data subject indicates that they agree to the processing of the personal data concerning themselves.

2. Name and Address of the Controller

The controller within the meaning of the General Data Protection Regulation, other data protection laws in the member states of the European Union, and other provisions related to data protection is:

Milengo GmbH
Wilhelmine-Gemberg-Weg 5–7
10179 Berlin
Germany
Tel.: (+49-30) 23257-7819
E-mail: dpo@thinkglobal-milengo.com
Website: www.milengo.com

3. Cookies

The Milengo GmbH website uses cookies. Cookies are text files that are created and stored on a computer system via an Internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a cookie’s unique identifier. It consists of a string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A particular Web browser can be recognized and identified by the unique cookie ID.
By using cookies, Milengo GmbH can provide users of this website with more user-friendly services that would not be possible without cookie placement.
Cookies allow the information and offers on our website to be optimized for users. Cookies allow us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to utilize our website. For example, the user of a website that uses cookies does not need to reenter their credentials each time they visit the website, as this is done by the website and the cookie stored on the user’s computer system. Another example is a cookie for a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the placement of cookies through our website at any time by means of a corresponding setting in the Internet browser they are using, and thus permanently oppose the placement of cookies. Furthermore, already placed cookies can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject disables the placement of cookies in the Internet browser they are using, not all functions of our website may be fully usable.

4. Collection of General Data and Information

The Milengo GmbH website collects a series of general data and information every time the website is accessed by a data subject or an automated system. This general data and information is stored in the log files of the server. The following can be collected: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the Internet page from which an accessing system accesses our website (the ‘referrer’), (4) the sub-pages which can be controlled through an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other, similar data and information used in the event of attacks on our information technology systems.

When using this general data and information, Milengo GmbH does not draw conclusions about the data subject. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the continued functioning of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack. For this reason, this anonymously collected data and information is evaluated by Milengo GmbH statistically, as well as with the aim to increase the data protection and data security in our company, in order to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files is stored separately from all personal data provided by a data subject.

5. Registration on Our Website

The data subject has the possibility to register on the website of the data controller by providing personal data. The personal data to be sent to the data controller is derived from the respective input mask used for registration. The personal data entered by the data subject shall be collected and stored solely for internal use by the data controller, for their own purposes. The data controller may arrange for the transfer to one or more processors, such as a package delivery service, which also uses the personal data only for internal use attributable to the data controller.

Through registration on the website of the data controller, the IP address assigned by the Internet service provider (ISP) of the data subject and the date and time of registration are also stored. The storage of this data takes place only so the misuse of our services can be prevented, and so this data makes it possible to investigate committed offenses if needed. In this respect, the storage of this data is required to secure the data controller. Disclosure of this data to third parties is not carried out unless there is a legal obligation to pass it on or if the disclosure serves the aim of criminal prosecution.

When the data subject voluntarily provides personal data to register, this allows the data controller to provide the data subject with content or services that, due to the nature of the case, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to delete it completely from the database of the data controller.

The data controller shall, at any time and upon request, provide information to each data subject as to which personal data about the data subject is stored. Furthermore, the data controller corrects or deletes personal data at the request or reference of the data subject, insofar as this does not conflict with any statutory storage requirements. All employees of the data controller are available to the data subject as contact persons in this context.

6. Contact Option via the Website

Due to legal regulations, the Milengo GmbH website contains information that enables quick electronic contact with our company as well as direct communication with us, which also includes a general electronic mail address (e-mail address). If a data subject contacts the data controller by e-mail or through a contact form, the personal data provided by the data subject will be automatically saved. Such personal data, voluntarily transmitted by a data subject to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.

7. Routine Deletion and Blocking of Personal Data

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or insofar as this is provided by the European or another legislator in laws or regulations to which the data controller is subject.

If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

8. Rights of the Data Subject

• a) Right to confirmation

  Each data subject has the right, as granted by the European directives and regulations, to require the data controller to confirm whether personal data relating to the data subject is being processed. If a data subject wishes to make use of this right of confirmation, they can contact an employee of the data controller at any time.

• b) Right to information

  Any data subject whose personal data is processed shall have the right, granted by the European directives and regulations, to obtain from the data controller, free of charge and at any time, information on the personal data of the data subject that has been stored, as well as a copy of that information. Furthermore, the European directives and regulations grant the data subject the right to the following information:

  • The processing purposes
  • The categories of personal data being processed
  • The recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular to recipients in third countries or at international organizations
  • If possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
  • The existence of a right to rectification or erasure of the personal data concerning the data subject, or of a restriction of the processing by the controller, or to object to such processing
  • The existence of the right to lodge a complaint to a supervisory authority
  • If the personal data is not collected from the data subject: All available information about the origin of the data
  • The existence of automated decision-making including profiling under Articles 22(1) and (4) of the GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended impact of such processing on the data subject

  In addition, the data subject has a right to be informed as to whether personal data has been transmitted to a third country or to an international organization. Where this is the case, then the data subject has the right to obtain information about the appropriate safeguards relating to the transfer.

  If a data subject wishes to exercise this right to information, they may contact an employee of the data controller at any time.

• c) Right to rectification

  Any data subject whose personal data is processed shall have the right granted by the European legislator to request the immediate correction of inaccurate personal data concerning the data subject. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

  If a data subject wishes to exercise this right of rectification, they may contact an employee of the controller at any time.

• d) Right to erasure (right to be forgotten)

  Any data subject whose personal data is processed shall have the right granted by the European legislator to request that the controller immediately erase the personal data concerning the data subject, provided that one of the following reasons is satisfied and the processing is not required:

  • The personal data has been collected or otherwise processed for purposes that are no longer necessary.
  • The data subject revokes their consent, which forms the legal basis of the processing pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal basis for processing.
  • The data subject submits, in accordance with Article 21(1) of the GDPR, an objection to the processing, and there are no overriding justified reasons for the processing, or the data subject submits their objection to the processing pursuant to Article 21(2) of the GDPR.
  • The personal data was processed unlawfully.
  • The erasure of personal data is necessary to fulfill a legal obligation under EU or EU member state law to which the controller is subject.
  • The personal data has been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

  If one of the above reasons applies and a data subject wishes to initiate the erasure of personal data stored by Milengo GmbH, they may contact an employee of the data controller at any time. The employee of Milengo GmbH will arrange for the erasure request to be fulfilled immediately.

  If the personal data has been made public by Milengo GmbH, then our company is, as the controller in accordance with Article 17(1) of the GDPR, obligated to delete the personal data. Milengo GmbH will, taking into account the available technology and implementation costs, take appropriate measures, including technical measures, to notify other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to such personal data or copies or replications of such personal data, unless such processing is necessary. The employee of Milengo GmbH will arrange the necessary in individual cases.

• e) Right to restriction of processing

  Any data subject whose personal data is processed shall have the right granted by the European legislator to request that the controller restrict the processing if one of the following conditions applies:

  • The accuracy of the personal data is contested by the data subject for a period of time that enables the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject refuses to erase 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 processing, but the data subject requires this for the establishment, exercise, or defense of legal claims.
  • The data subject has submitted their objection to processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the justified reasons of the controller outweigh those of the data subject.

  If one of the above-mentioned conditions exists and a data subject wishes to request the restriction of personal data stored by Milengo GmbH, they can contact an employee of the controller at any time. The employee of Milengo GmbH will initiate the restriction of processing.

• f) Right to data portability

  Any data subject whose personal data is processed shall have the right granted by the European legislator to obtain the personal data concerning themselves that they have provided to a controller in a structured, common, and machine-readable format. The data subject also has the right to transfer this data to another controller without hindrance by the controller to whom the personal data has been provided, provided that processing is carried out with the consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or based on a contract pursuant to Article 6(1)(b) of the GDPR, and processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task in the public interest or for the exercise of official authority delegated to the controller.

  Furthermore, in exercising their right to data portability pursuant to Article 20(1) of the GDPR, the data subject has the right to ensure that the personal data is transmitted directly from one controller to another controller, insofar as this is technically feasible and provided that the rights and freedoms of other persons are not affected.

  In order to assert the right to data portability, the data subject can contact an employee of Milengo GmbH at any time.

• g) Right to object

  Any data subject whose personal data is processed shall have the right granted by the European legislator to lodge an objection at any time, for reasons arising out of their particular situation, against the processing of personal data relating to them that is being carried out pursuant to Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. In the case of an objection, Milengo GmbH will no longer process the personal data unless we can prove that there are compelling legitimate reasons for the processing that outweigh the interests, rights, and freedoms of the data subject, or the processing serves the purpose of establishing, exercising, or defending legal claims. If Milengo GmbH processes personal data in order to carry out direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, provided that it is associated with such direct marketing. If the data subject opposes the processing for direct marketing purposes by Milengo GmbH, Milengo GmbH will no longer process the personal data for such purposes. In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data relating to themselves which is carried out by Milengo GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary to fulfill a task in the public interest. In order to exercise the right to object, the data subject can directly contact any employee of Milengo GmbH or another employee. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58/EG, to exercise their right to object by means of automated procedures using technical specifications.

• h) Automated decisions on a case-by-case basis, including profiling

  Any data subject whose personal data is processed shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on the data subject or, in a similar manner, significantly affects the data subject, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted by European Union or European Union member state legislation to which the controller is subject, and this legislation provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or (3) is made with the express consent of the data subject. If the decision (1) is required for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the express consent of the data subject, Milengo GmbH shall take appropriate measures to protect the rights and freedoms as well as to safeguard the legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express the data subject’s point of view, and to contest the decision. If the data subject wishes to exercise rights relating to automated decision-making, they can contact an employee of the data controller at any time.

• i) Right to revoke consent to data processing

  Any data subject whose personal data is processed shall have the right granted by the European legislator to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the data controller at any time.

9. Legal Basis of Processing

Article 6(1)(a) of the GDPR serves as the legal basis for our company for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on Article 6(1)(b) of the GDPR. This shall also apply to processing operations that are necessary to carry out pre-contractual measures, for example, in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, and health insurance or other vital information would have to be passed on to a doctor, hospital, or other third party. Then, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations could be based on Article 6(1)(f) of the GDPR. Processing operations that are not covered by any of the above legal bases are based on this legal basis if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights, and fundamental freedoms of the data subject outweigh these. We are particularly permitted to carry out such processing operations because they have been specifically mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, Sentence 2 of the GDPR).

10. Legitimate Interests in the Processing Pursued by the Controller or a Third Party

If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is to conduct our business for the benefit of all of our employees and our shareholders.

11. Duration for Which the Personal Data is Stored

The criterion for the duration for the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted if it is no longer required to fulfill or initiate a contract.

12. Legal or Contractual Provisions for the Provision of Personal Data; Necessity for the Conclusion of the Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Non-Provision

We clarify that the provision of personal information is in part required by law (e.g., tax regulations) or may result from contractual provisions (e.g., information on a contractual partner). Occasionally it may be necessary in order to conclude a contract for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Prior to any personal data being provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis as to whether the provision of the personal data is required by law or contract or for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of the non-provision of the personal data would be.

13. Existence of Automated Decision-Making

As a responsible company, we refrain from automatic decision-making or profiling.

This Privacy Policy was drafted by the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the External Data Protection Officer for Munich , in cooperation with data security lawyer Christian Solmecke .