We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of kolula. In general, the use of kolula’s websites is possible without providing any personal data. However, if an individual wishes to use special services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain the consent of the individual concerned.

The processing of personal data, for example the name, address, email address, or telephone number of an individual, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to kolula. With this privacy policy, our company wishes to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, affected individuals are informed about the rights they have under this privacy policy.

kolula, as the data controller, has implemented numerous technical and organizational measures to ensure as complete a protection as possible of the personal data processed via this website. Nevertheless, data transmissions over the Internet can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, any individual is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

kolula’s privacy policy is based on the terms used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for the public as well as for our customers and business partners. To ensure this, we would like to explain in advance the terms used.

In this privacy policy we use, among other things, the following terms:

1. Personal Data
   Personal data is any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable if they 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.
2. Data Subject
   Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.
3. Processing
   Processing is any operation or set of operations 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.
4. Restriction of Processing
   Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
5. Profiling
   Profiling is any form of automated processing of personal data consisting of the use of that 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.
6. Pseudonymization
   Pseudonymization is 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.
7. Controller or Data Controller
   Controller or data controller 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 processing are determined by Union or Member State law, the controller or specific criteria for its designation may be provided for by Union or Member State law.
8. Processor
   Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
9. Recipient
   Recipient is a natural or legal person, public authority, agency or another body to which the personal data are disclosed, irrespective of whether it is a third party. However, authorities which may receive personal data in the framework of a specific investigation under Union or Member State law shall not be regarded as recipients.
10. Third Party
    Third party is any natural or legal person, public authority, agency or body other than the data subject, controller, processor and the persons who, under the direct authority of the controller or processor, are permitted to process the personal data.
11. Consent
    Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the Data Controller

The data controller in accordance with the General Data Protection Regulation, other data protection laws in the Member States of the European Union, and other provisions with a data protection character is:

kolula

kolula solutions UG (limited liability)
c/o SchneiderGolling & Cie. AG
Niederkasseler Lohweg 18
40547 Düsseldorf

HRB 16133 FL
Managing Director: Melanie Bockemühl

hello@kolula.com

3. Cookies

kolula’s websites use cookies. Cookies are text files that are stored and saved on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters by which websites and servers can assign the specific Internet browser in which the cookie is stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other browsers that contain other cookies. A specific Internet browser can be recognized and identified again via the unique cookie ID.

By using cookies, kolula can provide the users of this website with more user-friendly services which would not be possible without the use of cookies.

With a cookie, the information and offers on our website can be optimized to suit the user. As already mentioned, cookies allow us to recognize the users of our website. The purpose of this recognition is to facilitate the use of our website for the users. For example, a user of a website that uses cookies does not have to re-enter their login details at every visit because these are 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 articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of an appropriate setting in the Internet browser used, and thus oppose the setting of cookies permanently. Furthermore, cookies that have already been set can be deleted at any time using an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject disables the setting of cookies in the Internet browser used, not all functions of our website may be fully available.

4. Collection of General Data and Information

With every visit to kolula’s website by a data subject or an automated system, a range of general data and information is collected. These general data and information are stored in the server’s log files. The following may be recorded: (1) the types and versions of browsers used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reached our website (so-called referrers), (4) the subpages of our website that are accessed via an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol (IP) address, (7) the Internet service provider of the accessing system, and (8) other similar data and information which are used for hazard prevention in the event of attacks on our IT systems.

When using these general data and information, kolula does not draw any conclusions about the data subject. These data are rather needed to (1) correctly deliver the content of our website, (2) optimize the content of our website as well as the advertising for it, (3) ensure the continuous functionality of our IT systems and the technology of our website, 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 used by kolula both for statistical purposes and with the aim of increasing data protection and data security in our company in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data from the server log files are stored separately from any personal data provided by a data subject.

7. Contact Possibility via the Website

kolula’s website contains, due to legal requirements, information that enables quick electronic contact with our company as well as immediate communication with us, which also includes a general electronic mail (email address). If a data subject contacts the data controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or for contacting the data subject. These personal data will not be passed on to third parties.

8. Routine Deletion and Blocking of Personal Data

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose for which they are stored or, if provided for by the European legislator or another legislator in laws or regulations to which the data controller is subject.

If the purpose of storage ceases to exist 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.

9. Rights of the Data Subject

1. a) Right of Confirmation
   Every data subject has the right, granted by the European legislator, to obtain confirmation from the data controller as to whether or not their personal data are being processed. If a data subject wishes to exercise this right of confirmation, they may contact any employee of the data controller at any time.
2. b) Right of Access
   Every data subject whose personal data is processed has the right, granted by the European legislator, to obtain at any time free information from the data controller about the personal data stored about them and a copy of that information. Furthermore, the European legislator has granted the data subject the right to obtain information on the following:

the purposes of the processing,
the categories of personal data that are 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,
if possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that period,
the existence of a right to rectification or deletion of the personal data concerning the data subject 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 were not collected from the data subject: all available information about the source of the data,
the existence of automated decision-making including profiling pursuant to 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 the right to know whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.

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

1. c) Right to Rectification
   Every data subject whose personal data is processed has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request that incomplete personal data be completed, including by means of a supplementary statement.

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

1. Right to Erasure (Right to be Forgotten)
   Every data subject whose personal data is processed has the right, granted by the European legislator, to request that the personal data concerning them be erased immediately, provided that one of the following conditions applies and as long as the 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 their consent on which the processing is based in accordance with 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 in accordance with Art. 21(1) GDPR against the processing, and there are no overriding legitimate grounds for the processing, or the data subject objects in accordance with Art. 21(2) GDPR against the processing.
The personal data have been processed unlawfully.
The erasure of the personal data is necessary in order to comply with a legal obligation to which the controller is subject under Union or Member State law.
The personal data have been collected in relation to the provision of information society services pursuant to Art. 8(1) GDPR.
If one of the aforementioned conditions applies and a data subject wishes to have the personal data stored by Kolula GmbH erased, they may contact any employee of the data controller at any time. The employee of Kolula GmbH will ensure that the erasure request is complied with immediately.

If the personal data have been made public by kolula and our company, as the controller, is obliged to erase the personal data pursuant to Art. 17(1) GDPR, then Kolula GmbH shall, taking into account the available technology and the implementation costs, take reasonable measures, including technical measures, to inform other controllers who process the published personal data that the data subject has requested the erasure of all links to these personal data or copies or replications of these personal data, insofar as the processing is not necessary. The employee of Kolula GmbH will take the necessary steps on a case-by-case basis.

1. Right to Restriction of Processing
   Every data subject whose personal data is processed has 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 that allows the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses the erasure of the personal data and requests instead the restriction of the use of the personal data.
The controller does not require the personal data for the purposes of the processing, but the data subject requires them in order to assert, exercise, or defend legal claims.
The data subject has objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions applies and a data subject wishes to have the personal data stored by Kolula GmbH restricted, they may contact any employee of the data controller at any time. The employee of Kolula GmbH will initiate the restriction of processing.

1. Right to Data Portability
   Every data subject whose personal data is processed has the right, granted by the European legislator, to receive the personal data concerning them, which have been provided to a controller by the data subject, 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 whom the personal data have been provided, provided that 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, except where processing is 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, the data subject has the right to require that the personal data be transmitted directly from one controller to another, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

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

1. Right to Object
   Every data subject whose personal data is processed has the right, granted by the European legislator, to object at any time, for reasons arising from their particular situation, to the processing of personal data concerning them carried out on the basis of Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, kolula will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or unless the processing is necessary for the assertion, exercise, or defense of legal claims.

If kolula processes personal data in order to conduct direct marketing, the data subject has the right to object at any time to the processing of personal data for the purposes of such direct marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to the processing for the purposes of direct marketing by Kolula GmbH, Kolula GmbH will no longer process the personal data for these purposes.

Furthermore, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data concerning them that is carried out for scientific or historical research purposes or for statistical purposes in accordance with Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

To exercise the right to object, the data subject may directly contact any employee of kolula or another employee. In addition, the data subject is free to exercise their right to object by automated means, using technical specifications, in connection with the use of services of the information society, regardless of Directive 2002/58/EC.

1. Automated Individual Decision-Making Including Profiling
   Every data subject whose personal data is processed 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 performing 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 such law contains suitable measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is made with the data subject’s explicit consent, kolula takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain human intervention by the controller, to express their viewpoint, and to contest the decision.

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

1. Right to Withdraw Consent to Data Processing
   Every data subject whose personal data is processed has the right, granted by the European legislator, to withdraw their 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 any employee of the data controller at any time.

10. Legal Basis for Processing

Art. 6(1)(a) GDPR serves as the legal basis for processing operations in our company 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 a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of a service or counter-performance, then the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for instance in cases of inquiries about our products or services. If our company is subject to a legal obligation which makes the processing of personal data necessary, such as for tax obligations, then the processing is based on Art. 6(1)(c) GDPR. In rare cases, it may become necessary to process personal data 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 would consequently have to be passed on to a doctor, a 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 covers processing operations that are not covered by any of the aforementioned legal bases, when the processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided that the interests, fundamental rights and freedoms of the data subject do not override those legitimate interests. Such processing operations are permitted especially because they were explicitly mentioned by the European legislator. In this regard, it was his view that a legitimate interest could be assumed when the data subject is a customer of the controller (Recital 47, second sentence, GDPR).

11. Legitimate Interests Pursued by the Controller or a Third Party

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

12. Duration for Which Personal Data are Stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After the expiry of this period, the corresponding data are routinely deleted, unless they are still required for contract fulfillment or contract initiation.

13. Legal or Contractual Provisions on the Provision of Personal Data; Requirement for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-provision

We inform you that the provision of personal data is partly legally required (e.g. tax regulations) or may also result from contractual arrangements (e.g. information about the contracting partner).
In some cases, it may be necessary for a contract to be concluded that a data subject provides us with personal data which then have to be processed by us. For example, the data subject is obliged to provide us with personal data when our company enters into a contract with them. Non-provision of the personal data would result in the contract not being concluded with the data subject.
Before personal data are provided by the data subject, the data subject must contact one of our employees. Our employee will explain on a case-by-case basis whether the provision of the personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of non-provision would be.

14. The Existence of Automated Decision-Making

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

This privacy policy was created using the DS-GVO Privacy Policy Generator of the German Association for Data Protection, in cooperation with the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte from Cologne.