LEARNTUBE! GmbH

Schubackstraße 4
20251 Hamburg

Telephone: +49 (040) 46858756

E-Mail: mail@learntube.de 

Managing Director: Stefan Ramaker

Register Court: Local Court Hamburg
Registration Number: HRB 150308

Security and protection of your personal data

We consider it our primary responsibility to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. We therefore apply the utmost care and the most modern security standards to ensure maximum protection of your personal data.

As a company under private law, we are subject to the provisions of the European Data Protection Regulation (DSGVO) and the regulations of the Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.

Definitions

The legislator requires that personal data are processed lawfully, fairly and in a way that is comprehensible to the data subject ("lawfulness, fairness, transparency"). To ensure this, we inform you about the individual legal definitions which are also used in this data protection declaration:

1. Personal Data

"Personal Data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "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 on-line identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

2. Processing

"Processing" means any operation or set of operations, whether or not by automatic means, performed upon personal data, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

3. Restriction of Processing

"Restriction of Processing" means the marking of stored personal data with the aim of limiting their processing in the future

4. Profiling

"Profiling" means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person

5. Pseudonymisation

"Pseudonymisation" means the processing of personal data in such a way that the personal data cannot be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data cannot be attributed to an identified or identifiable natural person

6. File System

"Filing System" means any structured collection of personal data accessible according to specific criteria, whether centralised, decentralised or organised on a functional or geographical basis

7. Responsible Person

"Controller" shall mean a 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 national law, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union or national law

8. Processors

"Processor" means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller

9. Recipient

"Recipient" means any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party However, authorities which may receive personal data in the context of a specific investigation task under Union or national law shall not be considered as recipients; the processing of such data by those authorities shall be carried out in accordance with the applicable data protection rules and in compliance with the purposes of the processing.

10. Third Parties

"Third Party" means any natural or legal person, public authority, agency or any other body, other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process personal data

11. Consent

The data subject's "Consent" shall mean any freely given specific, informed and unequivocal expression of his or her wishes in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

Lawfulness of the Processing

The processing of personal data is lawful only if there is a legal basis for the processing. Pursuant to Article 6(1), the legal basis for the processing may be lit. a - f DSGVO in particular:

1. The data subject has given his/her consent to the processing of his/her personal data for one or more specified purposes;
2. The processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
3. The processing is necessary for compliance with a legal obligation to which the controller is subject;
4. The processing is necessary in order to protect the vital interests of the data subject or of another natural person;
5. the 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;
6. The processing is necessary in order to protect the legitimate interests of the controller or of a third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.

Information on the collection of Personal Data

(1) In the following we inform about the collection of personal data when using our website. Personal data are e.g. name, address, e-mail addresses, user behaviour.

(2) If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, your name and telephone number if applicable) will be stored by us to answer your questions. We delete the data collected in this context after storage is no longer required, or processing is restricted if there are legal obligations to retain data.

Collection of Personal Data when visiting our Website

If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser sends to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f DSGVO):

• IP address
• Date and time of the request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (concrete page)
• Access status/HTTP status code
• Amount of data transmitted in each case
• Website from which the request comes
• Browser
• Operating system and its interface
• Language and version of the browser software.

Use of Cookies

(1) In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk, assigned to the browser you are using and through which certain information flows to the site that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They serve to make the Internet offer as a whole more user-friendly and effective.

(2) This website uses the following types of cookies, the scope and function of which are explained below:

• Transient cookies (see a.)
• Persistent cookies (see b.).

1. Transient cookies are automatically deleted when you close the browser. This includes in particular session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This allows your computer to be recognised when you return to our website. The session cookies are deleted when you log out or close the browser.
2. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
3. You can configure your browser settings according to your wishes and z. e.g. refuse to accept third-party cookies or all cookies. So-called "third party cookies" are cookies that were set by a third party and therefore not by the actual website on which you are currently located. Please note that by disabling cookies you may not be able to use all the features of this website.
4. We use cookies to identify you for subsequent visits if you have an account with us. Otherwise you would have to log in again for each visit.
5. The Flash cookies used are not registered by your browser, but by your Flash plug-in. We also use HTML5 storage objects, which are stored on your end device. These objects store the required data regardless of the browser you use and have no automatic expiration date. If you do not want Flash cookies to be processed, you must install an appropriate add-on, e.g. "Better Privacy" for Mozilla Firefox (https://addons.mozilla.org/de/firefox/addon/betterprivacy/) or the Adobe Flash Killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by setting your browser to private mode. We also recommend that you regularly delete your cookies and browser history manually.

Further Functions and Offers of Our Website

(1) In addition to the purely informational use of our website, we offer various services which you can use if you are interested. For this purpose, you will generally have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.

(2) In some cases we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.

(3) Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, conclusion of contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.

(4) Insofar as our service providers or partners are based in a state outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.

Newsletter

(1) With your consent you can subscribe to our newsletter, with which we inform you about our current interesting offers. The advertised goods and services are named in the declaration of consent.

 (2) The subscription to our newsletter is done by registering a user account and here we use the so-called double opt-in procedure. This means that after your registration, we will send you an e-mail to the e-mail address provided, in which we ask you to confirm that you wish to use the access and to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store your IP address and the time of registration and confirmation. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data.

(3) Your e-mail address is the only mandatory information for sending the newsletter. The provision of further, separately marked data is voluntary and is used to address you personally. After your confirmation we will save your e-mail address for the purpose of sending you the newsletter. The legal basis is Art. 6 para. 1 p. 1 lit. a DSGVO.

(4) You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can revoke your consent by clicking on the link provided in each newsletter e-mail, by using the form to change your profile, or by sending an e-mail to mail@learntube.de or by sending a message to the contact details given in the imprint.

(5) We would like to point out that we evaluate your user behaviour when the newsletter is sent. For this evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which represent one-pixel image files stored on our website. For the evaluations we link the data mentioned in § 3 and the web beacons with your e-mail address and an individual ID. The data is collected pseudonymously, the IDs are not linked to your other personal data, a direct personal reference is excluded. You can object to this tracking at any time by clicking on the separate link provided in each e-mail or by informing us via another contact channel. The information is stored as long as you have subscribed to the newsletter. After you have unsubscribed, we store the data purely statistically and anonymously.

Rights of the Data Subject

(1) Revocation of Consent

If the processing of personal data is based on a granted consent, you have the right to revoke this consent at any time. Revocation of consent does not affect the lawfulness of the processing that has taken place on the basis of the consent until revocation.

You can contact us at any time to exercise your right of revocation.

(2) Right to Confirmation

You have the right to request confirmation from the data controller as to whether we are processing personal data concerning you. You can request such confirmation at any time by contacting us at the contact details given above.

(3) Right of Access

If personal data is processed, you can request information about this personal data and about the following information at any time:

1. The processing purposes;
2. The categories of personal data processed;
3. The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations;
4. If possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
5. The existence of a right of rectification or erasure of personal data relating to you or of a right of opposition to or limitation of the processing by the controller;
6. The existence of a right of appeal to a supervisory authority
7. If the personal data are not collected from the data subject, all available information on the origin of the data;
8. The existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended consequences of such processing for the data subject

If personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 DSGVO in connection with the transfer. We will provide a copy of the personal data that is the subject of the processing. We may charge a reasonable fee for any further copies that you request, based on the administrative costs. If you make the request electronically, the information shall be provided in a standard electronic format, unless the request states otherwise. The right to receive a copy in accordance with paragraph 3 shall not prejudice the rights and freedoms of others.

(4) Right of Rectification   

You have the right to ask us to correct any incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary declaration.

(5) Right of cancellation ("right to be forgotten")

You have the right to request the controller to delete personal data relating to you immediately and we are obliged to delete personal data immediately if any of the following reasons apply:

1. The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) DPA and there is no other legal basis for the processing.
3. The data subject lodges an objection to the processing pursuant to Article 21(1) DPA and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Article 21(2) DPA.
4. The personal data were processed unlawfully.
5. The deletion of personal data is necessary to comply with a legal obligation under Union or national law to which the controller is subject.
6. The personal data were collected in relation to information society services offered in accordance with Article 8(1) of the DSGVO.

Where the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, the controller shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that a data subject has requested them to delete all links to those personal data or copies or replications thereof.

The right of cancellation ("right to be forgotten") does not apply insofar as the processing is necessary:

• to exercise the right to freedom of expression and information;
• to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller
• for reasons of public interest in the field of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) DSGVO;
• for archiving, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Article 89 (1) DSGVO, insofar as the law referred to in paragraph 1 is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
• to assert, exercise or defend legal claims.

(6) Right to Restrict Processing

You have the right to ask us to limit the processing of your personal data if one of the following conditions is met:

1. 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
2. the processing is unlawful and the data subject refuses the deletion of the personal data and requests instead the restriction of the use of the personal data
3. the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the purpose of asserting, exercising or defending legal claims, or
4. the data subject has lodged an objection to the processing pursuant to Article 21 paragraph 1 DPA, as long as it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject

Where processing has been restricted in accordance with the above conditions, such personal data, apart from being stored, shall be processed only with the consent of the data subject or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

In order to exercise the right to limit the processing, the data subject may at any time contact us at the contact details given above.

(7) Right to Data Portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format and you have the right to transfer such data to another responsible party without interference from the responsible party to whom the personal data has been provided, provided that:

1. the processing is based on a consent pursuant to Article 6 paragraph 1 letter a or Article 9 paragraph 2 letter a or on a contract pursuant to Article 6 paragraph 1 letter b DSGVO and
2. the processing is carried out using automated procedures.

When exercising the right to transfer data in accordance with paragraph 1, you have the right to obtain that personal data be transferred directly from one controller to another controller to the extent technically feasible. The exercise of the right to data transferability shall be without prejudice to the right of deletion ("right to be forgotten"). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(8) Right of Objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out on the basis of Article 6 paragraph 1 letters e or f of the DPA, including profiling based on these provisions. The controller shall no longer process the personal data unless he can demonstrate compelling legitimate reasons for processing which outweigh the interests, rights and freedoms of the data subject, or unless the processing is for the purpose of asserting, exercising or defending legal claims.

Where personal data are processed for the purpose of direct marketing, you have the right to object, at any time, to the processing of personal data relating to you for the purpose of such marketing, including profiling, insofar as it relates to such direct marketing. If you object to processing for the purposes of direct marketing, your personal data will no longer be processed for those purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right of objection by means of automated procedures using technical specifications.

You have the right to object, on grounds relating to your specific situation, to the processing of personal data concerning you for the purposes of scientific or historical research or for statistical purposes, as referred to in Article 89(1), except where such processing is necessary for the performance of a task carried out in the public interest.

You may exercise the right of objection at any time by contacting the controller concerned.

(9) Automated case-by-case decisions including Profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effect on you or which significantly affects you in a similar way. This shall not apply if the decision:

1. is necessary for the conclusion or performance of a contract between the data subject and the controller
2. is authorised by Union or national legislation to which the controller is subject and that legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
3. with the express consent of the person concerned.

The controller shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of the controller, to put forward his point of view and to appeal against the decision.

The data subject may exercise this right at any time by contacting the data controller.

(10) Right of Appeal to a Supervisory Authority

They shall also have, without prejudice to any other administrative or judicial remedy, the right to complain to a supervisory authority, in particular in the Member State in which they are resident, in their place of employment or in the place where the alleged infringement occurred, if the data subject considers that the processing of personal data relating to him/her is being carried out in breach of this Regulation.

(11) Right to an Effective Judicial Remedy

Without prejudice to any available administrative or extrajudicial remedy, including the right to appeal to a supervisory authority in accordance with Article 77 DSGVO the right to an effective judicial remedy if it considers that its rights under this Regulation have been violated as a result of the processing of its personal data contrary to this Regulation.