PRIVACY POLICY OF CELLSENSE TECHNOLOGIES GMBH

1. SCOPE

1.1       CELLSENSE Technologies GmbH (hereinafter “CELLSENSE Technologies”, “we” or “us”) informs you in this Privacy Policy about the processing of your personal data that takes place in the context of the use of our website www.cellsense-technologies.com (hereinafter “website”).

1.2       Personal data is all data that relates to an identified or identifiable natural person, e.g. name, address and email address. We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations that apply to us, in particular the EU General Data Protection Regulation (hereinafter “GDPR”).

2. NAME AND CONTACTS DETAILS OF THE CONTROLLER

Responsible for the processing of your personal data (“controller”) is:

CELLSENSE Technologies GmbH

represented by its managing directors Torsten Jähnke, Marc Clemens Diesing, Jörn Kamps

Ernst-Augustin-Straße 12

12489 Berlin

E-Mail: contact@cellsense-technologies.com.

3. PERSONALDATA PROCESSED, PURPOSES AND LEGAL BASES OF THE PROCESSING, LEGITIMATE INTERESTS PURSUED BY US AND STORAGE PERIOD

3.1       Informational use of our website

When using our website for information purposes only, we only process the personal data that your browser transmits to our server. We have no influence on this. The following information, which is technically necessary for us, is collected without your intervention and stored for a maximum period of 30 days and then automatically deleted:

– IP address

– Date and time of the request

– Time zone difference to Greenwich Mean Time (GMT)

– Content of the request (specific page)

– Access status/HTTP status code

– amount of data transferred in each case

– Website from which the request originates

– browser

– Operating system and its interface

– Language and version of the browser software.

The legal basis for the processing of the IP address is Art. 6 para. 1 lit. f) GDPR. It is not possible to draw any conclusions about your identity from the data collected and we do not do so. Our legitimate interest in data collection is to be seen in the following purposes:

– Ensuring a smooth connection setup,

– Ensuring a comfortable use of our website,

– Analysing system security and stability and

– Other administrative purposes.

3.2       Contacting us

Via our website, you can contact us by e-mail or per our contact form. We store and process the data you provide for the purpose of contacting us and processing your message (such as your name, your company, your e-mail address, your request) on the basis of our legitimate interests in enabling appropriate communication with you (legal basis is Art. 6 para. 1 lit. f) GDPR). If your message is aimed at the conclusion or performance of a contract with us, Art. 6 para. 1 lit. b) GDPR is the legal basis for the processing.

We store the data you send to us via contact enquiries until the purpose for data storage no longer applies (e.g. after your message has been processed) or you request us to delete it. Mandatory statutory provisions – in particular statutory retention periods – remain unaffected by this.

3.3       Job applications

3.3.1    Personal data processed

As part of a job application sent to us, we process basis data about you (name, address, contact details, etc.), information about your professional and vocational qualifications, information about your professional and vocational experience and any other data that you send us in connection with your application.

3.3.2    Purposes and legal bases

Your data is processed for the purposes of initiating and establishing an employment relationship with us (carrying out the application process, initiating an employment relationship). The legal basis for this is Art. 6 para. 1 lit. b) GDPR. Insofar as we process special categories of personal data in the application process (see Art. 9 para. 1 GDPR, e.g. data on health), this is done so that we can exercise our rights arising from labour law and social security and social protection law and fulfil our resulting obligations (Art. 9 para. 2 lit. b) GDPR). Furthermore, processing may be necessary to assess the ability to work. The legal basis for this is Art. 9 para. 2 lit. h) GDPR in conjunction with the relevant specialised laws.

In the event that you have given us your consent to process your data, the additional legal basis for data processing is Art. 6 para. 1 lit. a) GDPR. You can revoke your consent at any time with effect for the future (see section 6.5 below).

If an employment relationship is established between you and us, we will process your data collected during the application process in accordance with Art. 6 para. 1 lit. b) GDPR for the purposes of the employment relationship.

3.3.3    Necessity of your application data

The provision of your personal data is necessary for the fulfilment of the application process. You are neither legally nor contractually obliged to provide personal data for application purposes. Please note, however, that if you do not provide us with the required information, we will not be able to process your application.

3.3.4    Storage period

We store your data for as long as you are actively looking for a job with us, but no longer than six months after the application process has been completed, in order to protect our interests in the event of a dispute about the recruitment process. Our legitimate interest is, for example, a burden of proof in proceedings under the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz). The data is only stored for this purpose and is otherwise blocked for processing. The legal basis for this is Art. 6 para. 1 lit. f) GDPR.

3.4       Google Analytics

We use Google Analytics to analyse and regularly improve the use of our website. With the help of the statistics obtained, we can optimise our offer and make it more interesting for you as a user. The legal basis for the processing of your data is your consent in accordance with Art. 6 para. 1 lit. a) GDPR.

The following data categories are processed as part of the use of Google Analytics:

– IP address (anonymised)

– Usage data (e.g. pages visited, length of visit, bounce rate)

– Technical data (e.g. browser type, operating system).

We have added the code “_anonymiseIp()” to Google Analytics. As a result, IP addresses are further processed in abbreviated form, so that direct personal references can be ruled out.

The data collected by Google Analytics is transferred to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA and stored there.

Data is transferred to the USA on the basis of the standard contractual clauses of the EU Commission. Google LLC is also certified under the U.S.- EU Privacy Shield Agreement.

The data is stored for a period of 14 months and then deleted.

You can revoke your consent to the use of Google Analytics at any time with effect for the future by using the link at the bottom of this page.

3.5       Cookies

Our website uses cookies. Cookies are small text files that are stored on your end device and similar technologies such as pixel tags (hereinafter collectively “cookies”).

3.5.1    Consent with Borlabs

Our website uses Borlabs consent technology to obtain your consent to the storage of certain cookies on your end device or to the use of certain technologies and to document these in compliance with data protection regulations. The provider of this technology is Borlabs GmbH, Hamburger Str. 11, 22083 Hamburg, Germany, website: www.borlabs.io (hereinafter “Borlabs”). When you visit our website, a connection is established to the Borlabs servers in order to obtain your consent and other declarations regarding the use of cookies. Borlabs then stores a cookie in your browser in order to be able to assign the consents given or their revocation to you. The data collected in this way is stored until you ask us to delete it, delete the Borlabs cookie yourself or the purpose for data storage no longer applies. Mandatory statutory retention obligations remain unaffected. Borlabs is used to obtain the legally required consent for the use of cookies. The legal basis for this is Section 25 para. 2 no. 2 Act on Data Protection and the Protection of Privacy in Telecommunications and Digital Services (Gesetz über den Datenschutz und den Schutz der Privatsphäre in der Telekommunikation und bei digitalen Diensten, herinafter “TTDSG”).

We have concluded a data processing agreement in accordance with Art. 28 GDPR for the use of the above-mentioned service. This is an agreement required by data protection law, which ensures that the Borlabs will only process the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

3.5.2    Essential cookies

We use technically necessary cookies (labelled as “Essential”) on our website to ensure the function and security of our website and its functionalities. Without these essential cookies, the website cannot be used as intended. These cookies are set automatically when you access our website or a specific function, unless you have prevented the setting of cookies through settings in your end device and/or internet browser. The legal basis for the use of such cookies is § 25 para. 2 no. 2 TTDSG.

A list of the technically necessary cookies we use, descriptions of the purposes of the cookies and further information on the respective cookies can be found at the bottom of this page, in our cookie consent solution from Borlabs.

3.5.3    Statistics cookies

With your consent, we use cookies to statistically analyse visits to our website (marked as “Statistics”). The legal basis for this is § 25 para. 1 no. 1 TTDSG.

When you first visit our website and then at any time in our Borlabs cookie consent solution, you can accept or reject individual or all of these cookies separately by pressing the “On / Off” button .

A list of the statistics cookies we use, descriptions of the purposes of the cookies and further information on the respective cookies can be found at the bottom of this page, in our cookie consent solution from Borlabs.

3.6       LinkedIn

Our website contains a link to our presence on LinkedIn. Please note that by clicking on this link, data may be transmitted to LinkedIn. We have no influence on the collection and use of this data by LinkedIn. Information on data protection at LinkedIn can be found in their privacy policy at: https://www.linkedin.com/legal/privacy-policy.

4. RECIPIENTS OR CATEGORIES OF RECIPIENTS

We may disclose or grant access to personal data to the following recipients / categories of recipients:

– Authorised employees within CELLSENSE Technologies,

– IT service providers and web service providers who process the data on our behalf, in accordance with our instructions and under our supervision and exclusively for the purposes described in this data protection notice and on the basis of an order processing contract in accordance with Art. 28 GDPR,

– Professional and legal service providers,

– Institutions and authorities (e.g. investigating authorities), insofar as there is a legal or official obligation to do so.

5. TRANSFER OF DATA TO THIRD COUNTRIES

Except in the cases mentioned in this Privacy Policy, including the references contained herein to our Borlabs cookie management tool, we do not transfer your personal data to recipients in so-called “third countries” (i.e. countries outside the European Union or the Agreement on the European Economic Area in which a level of data protection comparable to that in the European Union cannot be readily assumed) and do not plan to do so in the future; personal data will not be transferred to so-called third countries.

6. YOUR RIGHTS

As a data subject (Art. 4 No. 1 GDPR), you have numerous rights vis-à-vis us, which we would like to inform you about below. Details can also be found in Articles 15 to 21 of the GDPR and Sections 32 to 37 of the German Federal Data Protection Act (Bundesdatenschutzgesetz, hereinafter “BDSG”).

To exercise these rights, please contact us. Our contact details can be found in section 2 of this Privay Policy.

6.1       Right to information / data access

You have the right to obtain information from us as to whether and which personal data we process about you. This also includes information on the duration and purpose for which we process your personal data, where the data originates and to which recipients or categories of recipients we transfer your personal data. In addition, we provide you with a copy of your personal data.

6.2       Right to rectification

You have the right to request that we correct any inaccurate or no longer accurate personal data about you without delay. You can also request that we complete your incomplete personal data. If this is required by law, we will also inform third parties of this correction if we have transferred your personal data to them.

6.3       Right to erasure („right tob e forgotten“)

You have the right to request from us the erasure of your personal data without undue delay if one of the following conditions applies:

  • Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed, or the purpose has been achieved;
  • You withdraw your consent and there is no other legal basis for the processing;
  • You object to the processing and there are no overriding legitimate interests for the processing; where personal data are used for direct marketing purposes, a mere objection to the processing on your part is sufficient;
  • Your personal data were processed unlawfully;
  • The deletion of your personal data is necessary to fulfil a legal obligation under European Union law or the law of the Member States to which we are subject.

Please note that your right to erasure may be restricted by statutory provisions. These include in particular the restrictions listed in Article 17 GDPR and Section 35 BDSG.

6.4       Right to restriction of processing

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

  • You contest the accuracy of your personal data for a period enabling us to verify the accuracy of the personal data;
  • The processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of your personal data instead;
  • We no longer need your personal data for the purposes for which they were processed, but you need them for the establishment, exercise or defence of legal claims; or
  • You have objected to processing as long as it has not yet been established whether our legitimate grounds override yours.

If you have obtained a restriction of processing in accordance with the above list, we will inform you before the restriction is revoked.

6.5       Right to withdraw your consent

You can withdraw your consent given to us at any time with effect for the future. Your withdrawal can be made in the form of an informal notice to the contact address stated in section 2. If you withdraw your consent, this will not affect the lawfulness of the data processing carried out up to that time.

6.6       Right to data portability

You have the right to receive personal data concerning you that you have provided to us in a structured, commonly used and machine-readable format and to transmit this data to others. Details and restrictions can be found in Art. 20 GDPR. The exercise of this right does not affect your right to erasure.

6.7       Right to lodge a complaint with the supervisory authority

If you think that the processing of your data by us violates applicable data protection law, you have the right to lodge a complaint with one of the competent supervisory authorities, i.e. in particular the Berlin Commissioner for Data Protection and Freedom of Information responsible for us or the respective supervisory authority in the member state of your place of residence, your place of work or the place of the alleged data protection violation.

6.8       Right to objection (Art. 21 GDPR)

In accordance with Art. 21 GDPR, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation if we base this processing on legitimate interests in accordance with Art. 6 para. 1 f) GDPR. If you raise an objection, we will no longer process your personal data, except in two cases:

  • we can demonstrate compelling legitimate interests for the processing which override your interests, rights and freedoms, or
  • the processing serves the assertion, exercise or defence of legal claims.

If we process your personal data for direct marketing purposes, you have the right to object at any time to the processing of your data for the purpose of such marketing. If you object to the processing of your data for direct marketing purposes, we will no longer use your personal data for this purpose.

 

July 11th, 2024

CELLSENSE Technologies GmbH