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Privacy policy

Last updated 04.01.2022

We are very pleased about your interest in our company.

To manage the cookies and similar technologies used (tracking pixels, web beacons, etc.) and the related consents, we use the consent tool “Real Cookie Banner”. You can find details on how “Real Cookie Banner” works at <a href=”https://devowl.io/de/rcb/datenverarbeitung/” rel=”noreferrer” target=”_blank”>https://devowl.io/de/rcb/datenverarbeitung/</a>.

The legal bases for processing personal data in this context are Art. 6(1)(c) GDPR and Art. 6(1)(f) GDPR. Our legitimate interest is the management of the cookies and similar technologies used and the consents related thereto.

Providing the personal data is neither contractually required nor necessary for the conclusion of a contract. You are not obliged to provide the personal data. If you do not provide the personal data, we cannot manage your consents.

Data protection has a particularly high priority for the management of MYOact GmbH. The websites of MYOact GmbH can generally be used without providing any personal data. However, if a data subject wishes to use special services of our company via our website, processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we will generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to MYOact GmbH.

By means of this privacy policy, our company wishes to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

As the controller, MYOact GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The privacy policy of MYOact GmbH is based on the terms used by the European legislator when adopting 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 terms used in advance.

In this privacy policy, we use, inter alia, the following terms:

a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data subject
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.

c) Processing
Processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting their future processing.

e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

 g) Controller or controller responsible for processing
Controller or controller responsible for processing is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor
Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

i) Recipient
Recipient is a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party
Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k) Consent
Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

2. Name and address of the controller

Controller within the meaning of the General Data Protection Regulation and other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

MYOact GmbH
Kaiserstrasse 61,
60329 Frankfurt am Main
Germany

Email: info@myoact.de
Website: www.myoact.de

3. Cookies

The websites of MYOact GmbH use cookies. Cookies are text files that are 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 unique identifier of the cookie. It consists of a string by which websites 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 different cookies. A specific internet browser can be recognized and identified via the unique cookie ID. By using cookies, MYOact GmbH can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

Using a cookie, the information and offers on our website can be optimized for the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. The user of a website that uses cookies, for example, does not have to enter their access data again each time they visit the website, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart 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 at any time prevent the setting of cookies through our website by means of a corresponding setting of the internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set 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 deactivates the setting of cookies in the internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of MYOact GmbH collects a series of general data and information with each call of the website by a data subject or an automated system. These general data and information are stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subpages which are accessed via 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) any other similar data and information that serve to avert danger in the event of attacks on our information technology systems.

When using these general data and information, MYOact GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as the advertising for it, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. These anonymously collected data and information are therefore evaluated by MYOact GmbH both statistically and with the aim of increasing data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Subscription to our newsletter

On the website of MYOact GmbH, users are given the opportunity to subscribe to our company’s newsletter. Which personal data are transmitted to the controller when ordering the newsletter is determined by the input mask used for this purpose.

MYOact GmbH informs its customers and business partners at regular intervals by means of a newsletter about company offers. Our company’s newsletter can, in principle, only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter. For legal reasons, a confirmation email will be sent to the email address entered by a data subject for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email serves to verify whether the owner of the email address as the data subject has authorised receipt of the newsletter.

When registering for the newsletter, we also store the IP address assigned by the internet service provider (ISP) to the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of these data is necessary in order to be able to trace the (possible) misuse of a data subject’s email address at a later date and thus serves the legal safeguarding of the controller.

Die im Rahmen einer The personal data collected as part of a registration for the newsletter will be used exclusively for sending our newsletter. In addition, newsletter subscribers may be informed by email, insofar as this is necessary for the operation of the newsletter service or a related registration, as might be the case in the event of changes to the newsletter offering or changes in technical conditions. There is no transfer of the personal data collected as part of the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter dispatch can be revoked at any time. For the purpose of revoking consent, a corresponding link is found in each newsletter. Furthermore, there is the option at any time to unsubscribe from the newsletter directly on the website of the controller or to inform the controller of this in another way.

6. Newsletter tracking

The newsletters of MYOact GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such emails that are sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, MYOact GmbH can see whether and when an email was opened by a data subject and which links contained in the email were called up by the data subject.

Personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimize the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. These personal data are not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent submitted via the double opt-in procedure. After a revocation, these personal data will be deleted by the controller. MYOact GmbH automatically interprets an unsubscribe from receiving the newsletter as a revocation.

7. Use of third-party tools

In order to provide and continuously improve our services, we use the services of the following third-party providers, through which personal data may also be processed. We have carefully selected these third-party providers in accordance with the provisions of the GDPR.

Google
Unless otherwise stated in this privacy policy, the operator of all Google services mentioned here is Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland.

Google Tag Manager
We use “Google Tag Manager” on this website. Tag Manager is a tool for managing so-called tags used for tracking in online marketing. The Tag Manager itself does not process personal data, as it only serves to manage other services – e.g., Google Analytics, etc.

Further information on Tag Manager can be found at: https://www.google.com/intl/de/tagmanager/use-policy.html 

Google Analytics
We use “Google Analytics” on this website. The operator of this service is Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland.

Google Analytics is a web analytics service and enables us, by setting cookies and using the information obtained in this way, to draw conclusions about user behavior on our website. The information generated by the cookies is transmitted to a Google server in the USA and stored there. On our website, Google Analytics is used exclusively in a pseudonymized manner. Your IP address is only recorded in truncated form and thus anonymised.

Mithilfe von Google Analytics werden die folgenden Daten erhoben und verarbeitet:

  • IP address (anonymised)
  • Usage data
  • Click path
  • App updates
  • Browser information
  • Device information
  • JavaScript support
  • Pages visited
  • Referrer URL
  • Downloads
  • Flash version
  • Location information
  • Purchase activity
  • Widget interactions
  • Date and time of the visit

The legal basis for processing is your consent pursuant to Art. 6(1)(a) GDPR. If you do not want Google Analytics to collect and process the aforementioned data, you can refuse your consent or revoke it at any time with effect for the future. Personal data are retained as long as necessary to fulfill the processing purpose. The data are deleted as soon as they are no longer required to achieve the purpose. In addition to Google Ireland Limited, the data may be transmitted to the following recipients as part of processing: – Google LLC – Alphabet Inc. In the context of processing by Google Analytics, data may be transferred to the USA. The security of the transfer is safeguarded by so-called Standard Contractual Clauses, which ensure that the processing of personal data is subject to a level of security equivalent to that of the GDPR. If the Standard Contractual Clauses are not sufficient to establish an adequate level of security, consent pursuant to Art. 49(1)(a) GDPR will be obtained from you in advance via the Usercentrics consent management system.

Facebook Custom Audiences and Facebook Pixel
This website uses the “Facebook Custom Audiences” service. Facebook Pixel is used for this service. These services are operated by Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin D02, Ireland. Facebook Custom Audiences enables us to address users with interest-based advertising on the social network Facebook. To make this possible, we have implemented the Facebook remarketing tag on our website. This tag establishes a direct connection to Facebook’s servers when the website is visited. Facebook thereby receives information about the pages you visited on our site. Facebook then matches this with your Facebook user account. On your next visit to Facebook, you will then be shown personalized, interest-based advertisements (Facebook Ads). Custom Audiences is also used to personalize and optimize the website.

The following data are collected and processed using Facebook Custom Audiences:

  • Facebook user ID
  • IP address
  • Browser information 
  • Non-sensitive custom data
  • Facebook cookie informationi
  • Referrer URL
  • Pixel-specific data
  • Pixel ID
  • Social media friend network
  • Usage data/user behavior
  • Views and interactions with content, ads, and services
  • Viewed content
  • Device information
  • Success of marketing campaigns
  • Transaction information
  • Hardware/software type
  • Browser type
  • Device operating system
  • Geographic location
  • Cookie ID
  • Information from third-party sources
  • User agent
  • Conversions

The legal basis for processing is your consent pursuant to Art. 6(1)(a) GDPR. If you do not want the aforementioned data to be collected and processed via Facebook Custom Audiences, you can refuse your consent or revoke it at any time with effect for the future.

Personal data are retained as long as necessary to fulfill the processing purpose. The data are deleted as soon as they are no longer required to achieve the purpose.

In addition to Facebook Ireland Limited, data may be transferred to the following recipient as part of processing: Facebook Inc.

In the context of processing via YouTube, data may be transferred to the USA. The security of the transfer is safeguarded by so-called Standard Contractual Clauses, which ensure that the processing of personal data is subject to a level of security equivalent to that of the GDPR. If the Standard Contractual Clauses are not sufficient to establish an adequate level of security, consent pursuant to Art. 49(1)(a) GDPR will be obtained from you in advance via the Usercentrics consent management system.

HubSpot
We use HubSpot on this website for various purposes. HubSpot is a software company from the USA with a branch in Ireland. Contact: HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland, Telephone: +353 1 5187500. HubSpot is an integrated software solution that allows us to cover various aspects of our online marketing.

These include, among others: email marketing, social media publishing & reporting, reporting, contact management (e.g., user segmentation & CRM), landing pages, and contact forms.

Our sign-up service enables visitors to our website to learn more about our company, download content, and provide their contact information and other demographic information. This information as well as the content of our website are stored on the servers of our software partner HubSpot. They can be used by us to contact visitors to our website and to determine which services of our company are of interest to them. All information we collect is subject to this privacy policy. We use all information collected exclusively to optimize our marketing measures.

More information on HubSpot’s privacy policy

As part of the optimisation of our marketing measures, the following data may be collected and processed via HubSpot:

– Geographic location
– Browser type
– Navigation information
– Referrer URL
– Performance data
– Information on how often the application is used
– Mobile app data
– Login information for the HubSpot subscription service
– Files viewed on site
– Domain names
– Pages viewed
– Aggregate usage
– Version of the operating system
– Internet service provider
– IP address
– Device identifier
– Duration of visit
– Where the application was downloaded from
– Operating system
– Events occurring within the application
– Access times
– Clickstream data
– Device model and version

We also use HubSpot to provide contact forms. Further information on this can be found in subsection 8 of this privacy policy.

The legal basis for processing is your consent pursuant to Art. 6(1)(a) GDPR. If you do not want the aforementioned data to be collected and processed via HubSpot, you can refuse your consent or revoke it at any time with effect for the future. Personal data are retained as long as necessary to fulfill the processing purpose. The data are deleted as soon as they are no longer required to achieve the purpose.

In the context of processing via HubSpot, data may be transferred to the USA. The security of the transfer is safeguarded by so-called Standard Contractual Clauses, which ensure that the processing of personal data is subject to a level of security equivalent to that of the GDPR. If the Standard Contractual Clauses are not sufficient to establish an adequate level of security, your consent pursuant to Art. 49(1)(a) GDPR may serve as the legal basis for transfers to third countries. Please also note subsection “8. Forms.”

8. Forms

We use HubSpot to provide the online forms below. For this purpose, we forward your data to HubSpot, which processes the data exclusively on our behalf. See the “HubSpot” section of this privacy policy.

Please note: If you contact us via contact forms, personal data may be transferred to service providers in third countries. These third countries do not have an adequate level of data protection. If data are transferred to the USA, there is a risk that your data may be processed by US authorities for control and monitoring purposes, without you possibly having any legal remedies. The security of the transfer is regularly safeguarded by so-called Standard Contractual Clauses and, in the case of Zendesk, by Binding Corporate Rules, which ensure that the processing of personal data is subject to a level of security equivalent to that of the GDPR. If the Standard Contractual Clauses or Binding Corporate Rules are not sufficient to establish an adequate level of security, your acknowledgment of this privacy policy in the context of the contact forms shall be deemed consent within the meaning of Art. 49(1)(a) GDPR, which justifies a data transfer to unsafe third countries.

9. Contact options via the website

The website of MYOact GmbH contains information required by law that enables quick electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are stored automatically. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of these personal data to third parties.

10. Routine erasure and blocking of personal data

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

If the storage purpose ceases to apply, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with the legal provisions.

11. Rights of the data subject

a) Right to confirmation
 Every data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning them are being processed. If a data subject wishes to exercise this right to confirmation, they may, at any time, contact an employee of the controller.

b) Right of access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

– the purposes of the processing
– the categories of personal data 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 organisations
– where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
– the existence of the right to request rectification or erasure of personal data concerning them or restriction of processing by the controller, or the right to object to such processing
– the existence of the right to lodge a complaint with a supervisory authority
– where the personal data are not collected from the data subject, any available information as to their source
– the existence of automated decision-making, including profiling, as referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved as well as the significance and the envisaged consequences of such processing for the data subject

Furthermore, the data subject has a right to be informed whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.

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

c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of a supplementary statement.

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

d) Right to erasure (Right to be forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay where one of the following grounds applies and insofar as processing is not necessary:

– The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
– The data subject withdraws consent on which the processing is based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal ground 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 have been unlawfully processed.
– The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
– The personal data have been collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

If one of the above reasons applies and a data subject wishes to arrange for the erasure of personal data stored by MYOact GmbH, they may, at any time, contact an employee of the controller. The employee of MYOact GmbH will ensure that the request for erasure is complied with without undue delay.

Where MYOact GmbH has made personal data public and, as the controller, is obliged pursuant to Art. 17(1) GDPR to erase the personal data, MYOact GmbH, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as processing is not required. The employee of MYOact GmbH will arrange the necessary measures in the individual case.

e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

– The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
– The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
– The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
– The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by MYOact GmbH, they may, at any time, contact an employee of the controller. The employee of MYOact GmbH will arrange the restriction of processing.

f) Right to data portability
 Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, provided that 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 the controller.

Furthermore, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

To exercise the right to data portability, the data subject may, at any time, contact an employee of MYOact GmbH.

g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to their particular situation, at any time to processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.

In the event of an objection, MYOact GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or the processing serves the establishment, exercise, or defense of legal claims.

If MYOact GmbH processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to MYOact GmbH to the processing for direct marketing purposes, MYOact GmbH will no longer process the personal data for these purposes.

The data subject also has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by MYOact GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.

To exercise the right to object, the data subject may directly contact any employee of MYOact GmbH or another employee. The data subject is also free, in the context of the use of information society services and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into or the performance of a contract between the data subject and the controller, or (2) it is based on the data subject’s explicit consent, MYOact GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include, at least, the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

If the data subject wishes to assert rights concerning automated decisions, they may, at any time, contact an employee of the controller.

i)Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may, at any time, contact an employee of the controller.

12. Legal basis for processing

Art. 6(1)(a) GDPR serves as our company’s legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party—as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration—the processing is based on Art. 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. Then the processing would be based on Art. 6(1)(d) GDPR.

Ultimately, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis applies to processing operations which are not covered by any of the aforementioned legal bases, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permitted because they were specifically mentioned by the European legislator. In this respect, the legislator considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).

13. Legitimate interests in processing pursued by the controller or by a third party

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

14. Period for which the personal data are stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data are routinely deleted, provided they are no longer required for the performance of the contract or the initiation of a contract.

15. Statutory or contractual requirements for providing personal data; necessity for contract conclusion; obligation of the data subject to provide personal data; possible consequences of failure to provide such data

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner).

Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded.

Before providing personal data 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 whether the provision of personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of not providing the personal data.

16. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.