Legal

Cliqz GmbH

Arabellastrasse 23
81925 Munich, Germany
email: info[at]cliqz[dot]com
internet: www.cliqz.com

Please find below our statement on the processing of personal data by our company in accordance with the legal requirements, especially with the EU General Data Protection Regulation (GDPR – available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679). Separate data privacy statements apply as regards the software and web applications of Cliqz GmbH. You can find the privacy statement for the Cliqz products (browsers, add-ons, apps) here.

Browser: Computer program used to display websites (e.g., Cliqz, Chrome, Firefox, Safari)

Cookies: Text files which the web server places on the user’s computer by means of the browser which is used. The stored cookie information may contain both an identifier (cookie ID) for recognition purposes and content data, such as login status or information about websites visited. The browser sends the cookie information back to the web server with each new request upon subsequent repeat visits to these sites. Most browsers accept cookies automatically. Cookies can be managed using the browser functions (usually under “Options” or “Settings”). The storage of cookies may be disabled in this way or it may be made dependent on the user’s approval in any given case or otherwise restricted. Cookies may also be deleted at any time.

Third countries: Countries outside the European Union (EU).

GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679

Personal data: Any information relating to an identified or identifiable natural person. 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.

Profiling: 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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Services: Our offers to which this data privacy statement applies (cf. Scope of validity).

Tracking: The collection of data and their evaluation regarding the behaviour of visitors in response to our services.

Tracking technologies: Actions can be tracked either via the activity records (log files) stored on our web servers or by collecting data from end devices via pixels, cookies or similar tracking technologies.

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

Pixel: Pixels are also called tracking pixels, web beacons or web bugs. These are small, invisible graphics in HTML emails or on websites. When a document is opened, this small image is downloaded from a server on the Internet and the download is registered there. This allows the operator of the server to see if and when an email has been opened or a website has been visited. This function is usually carried out by calling up a small program (JavaScript). Certain types of information can be detected on your computer system in this way and shared, such as the content of cookies, the time and date of the visit, and a description of the page on which the tracking pixel is located.

This data privacy statement applies to the following offers:

• our website of the Cliqz GmbH, most notably available at cliqz.com;
• whenever reference is made to this data privacy statement from one of our offers (e.g., websites, subdomains, web services or integrations in third-party websites), regardless of the way in which it is accessed or used.

All these offers are also collectively referred to as “services”.

The following party is responsible for the processing of data in relation to the services, i.e., this is the person who determines the purposes and means of processing personal data:

Cliqz GmbH
Arabellastr. 23
81925 München
Telefon: +49 89 9250 1055
E-Mail: info[at]cliqz[dot]com

Jürgen Kempter
Konzerndatenschutzbeauftragter Hubert Burda Media Holding KG
Hauptstr. 30
77652 Offenburg

The following applies to all the processing operations listed below, unless stated otherwise:

a.      No obligation to provide personal data & consequences of failure to provide such data

The provision of personal data is not required by law or contract, and you are under no obligation to provide any data. We will inform you during the data entry process when personal information needs to be provided for the relevant service (e.g., by indicating “mandatory fields”). In cases where the provision of data is required, the consequence of not providing data will be that the service in question cannot be provided. Otherwise, failure to provide data may result in our inability to provide our services in the same form and quality.

b.      Consent

In various cases, you may also grant us your consent to the further processing of data (or some of the data, where applicable) in connection with the operations listed below. In this case, we will inform you separately in connection with the submission of the respective declaration of consent about all the procedures and the scope of the consent and about the purposes which we pursue in these processing operations. The processing operations based on your consent are therefore not listed again here (Art. 13, subs. 4, GDPR).

c.       Transfer of personal data to third countries

When we send data to third countries, i.e., countries outside the European Union, the data are then transmitted strictly in compliance with the statutory conditions of admissibility.

If the transmission of the data to a third country does not serve the purpose of fulfilling our contract with you, if we do not have your consent, if the transmission is not required for the establishment, exercise or defence of legal claims, and if no other exemption applies under Art. 49 GDPR, we will only transmit your data to a third country if in possession of an adequacy decision pursuant to Art. 45 GDPR or appropriate safeguards under Art. 46 GDPR.
One of these adequacy decisions is the Commission Implementing Decision (EU) 2016/1250 of 12.07.2016 on the “EU-US Privacy Shield” for the USA. The level of data protection is generally considered to be appropriate according to Art. 45 GDPR for transfers to companies which are certified under the EU-US Privacy Shield.

Alternatively or additionally, safeguards under Art. 46 subs. 2 c) GDPR through the conclusion of the EU standard data protection clauses adopted by the European Commission with the receiving body provide appropriate safeguards and an adequate level of data protection. Copies of the standard EU data protection clauses are available on the website of the European Commission at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

d.      Hosting at external service providers

Our data processing work is carried out to a large extent with the involvement of hosting service providers who provide us with storage space and processing capacities at their data centres and who also process personal data on our behalf according to our instructions. It may be the case that personal data are transmitted to hosting service providers in respect of all of the functions listed below. These service providers process data either exclusively in the EU or subject to guaranteed levels of data protection which we have put in place based on the standard EU data protection clauses (cf. subsection c.).

e.      Transmission to government authorities

We send personal information to government authorities (including law enforcement agencies) when required to fulfil a legal obligation to which we are subject (legal basis: Art. 6, subs. 1 c), GDPR) or when it is necessary for the assertion, exercise or defence of legal claims (legal basis: Art. 6, subs. 1 f), GDPR).

f.        Period of storage

The time specified in the “period of storage” paragraph indicates how long we use the data for the purposes in any given case. At the end of this period, the data will no longer be processed by us but will be deleted at regular intervals, unless continued processing and storage are required by law (in particular, because it is necessary to fulfil a legal obligation or for the establishment, exercise or defence of legal claims) or unless you grant us extended consent.

g.      Data categories

The category names listed below are used for specific types of data in the following sections:

• Personal master data: Title, salutation/gender, forename, surname, date of birth
• Address data: Street, house number, additional address lines (where applicable), postcode, city, country
• Contact data: Telephone number(s), fax number(s), email address(es)
• Access data: Date and time of visit to our service; the page from which the system accessed our site; pages visited during the session; session identification data (session ID), as well as the following information relating to the computer system accessing the service: Internet Protocol address used (IP address), browser type, browser version, device type, operating system and similar technical information.

The passages below set out how your personal data are processed when you access our services (e.g., loading and viewing the website):

a. Purposes of data processing, legal basis, legitimate interests (where applicable), and period of storage

Data category: Access data
Intended purposes: Establishing connection, presenting contents of the service, detecting attacks on our site due to unusual activities, fault diagnosis
Legal basis: Art. 6 subs. 1 f) GDPR
Legitimate interest, where applicable: Proper functioning of services, security of data and business processes, prevention of misuse, prevention of damage through interference in information systems
Storage period: 7 days

b. Recipients of personal data

Recipient category: IT security service providers/webhoster
Data concerned: Access data
Legal basis: Art. 6 subs. 1 f) GDPR
Legitimate interests, where applicable: Prevention of attacks through exploitation of security gaps / vulnerabilities

The tables below set out how your personal data are processed in connection with an application process between us and you

a. Purposes of data processing, legal basis, legitimate interests (where applicable), and period of storage

Data category: Personal master data, address data, contact data
Intended purposes: Identification, establishment of contact, communication for initial contract negotiations
Legal basis: Art. 6 subs. 1 b) GDPR
Period of storage: 6 months

Data category: Cover letter, CV, certificates, letters of recommendation and further application documents submitted by you, images, statements to hobbies, profession, knowledge and skills
Intended purposes: Candidate selection and recruitment
Legal basis: Art. 6 subs. 1 b) GDPR
Period of storage: 6 months

The tables below show how your personal data are processed when you contact our user support:

a. Purposes of data processing, legal basis, legitimate interests (where applicable), and period of storage

Data category: Personal master data, contact data, contents of enquiries / complaint, access data
Intended purposes: Processing of customer enquiries and user complaints
Legal basis: Art. 6, subs. 1 b), f)
Legitimate interests, where applicable: Customer loyalty, improvement of our service
Period of storage: 6 months

b. Recipients of personal data

Recipient category: Customer service platform provider
Data concerned: Personal master data, contact data, contents of enquiries / complaint, access data
Legal basis: Art. 6, subs. 1 f), b), GDPR; in case of transmission to the USA also Art. 45 GDPR in conjunction with the Commission Implementing Decision (EU) 2016/1250 of 12.07.2016 on the “EU-US Privacy Shield”
Legitimate interest, where applicable: Customer loyalty, improvement of our service

The passages below explain how your personal data are processed with the help of tracking technologies to analyse and optimise our services.

The explanation of the tracking methods also includes information on how to prevent or object to the processing of data.. Please note that this “opt-out” request, i.e., denial of consent to processing, is usually stored via cookies. If you use our services on a new end device or in a different browser, or if you have deleted the cookies set by your browser, you will need to reconfirm the refusal of consent.

a. Tracking for the analysis and optimisation of our services and their use

(1) Purpose of processing
The analysis of user behaviour by means of tracking helps us to check the effectiveness of our services, to improve and adapt them to the needs of the users, and to correct errors. It also allows us to produce statistics on the use of our services (reach, intensity of use, surfing habits of users) – on the basis of uniform standard procedures – and thereby to obtain comparable figures across the market.
(2) Legal basis of processing
In cases where we provide services under a contract, the tracking and the associated analysis of user behaviour are carried out in order to fulfil our contractual obligations. The legal basis for this processing of personal data is Art. 6, subs. 1 b), GDPR. The evaluation of information obtained through tracking is necessary in order to optimise the provision of services according to the contractual purpose and to ensure the greatest possible benefit for you.

Otherwise, i.e., in cases where services are not connected with a contract, the legal basis for this processing of personal data is Art. 6, subs. 1 f), GDPR. We hereby pursue the legitimate interest in providing attractive services as efficiently as possible on the basis of the information gained through tracking.

(3) Explanation of individual tracking methods

Name of service: Matomo (former Piwik)
Provider: Matomo is an open source service of InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand
Purpose of trackings: Matomo collects information on user behaviour to improve the usability of the website.
Processing of personal data: This website is using Matomo with the add-on „AnonymizeIP“. The IP address is anonymized immediately after processing, in order to eliminate direct reference to persons.
Legal basis: Legitimate interest
Period of storage: 14 months

Via an opt-out process, users of this website may prevent their device from being assigned a web analysis cookie ID number, in which case Matomo will not record any data regarding their visits to this website.

Click here to opt out.

(If you don’t see a check box here, your browser is already set to “do not track” and this website won’t install a cookie anyway)

The tables below show how your personal data are processed when you ask to remove certain search results from the Cliqz search:

Purposes of data processing, legal basis, legitimate interests (where applicable), and period of storage

Data category: Contact data
Intended purposes: Processing of customer reports
Legal basis: Art. 6 subs. 1 c), f)
Legitimate interests, where applicable: Possibility to ask users regarding their reports of malicious websites and inadequate content
Period of storage: During the processing of the report

The tables below show how your personal data are processed when you ask to remove certain search results from the Cliqz search:

Purposes of data processing, legal basis, legitimate interests (where applicable), and period of storage

Data category: Personal master data, address data, contact data
Intended purposes: Processing of removal requests regarding search results
Legal basis: Art. 6 subs. 1 c), f)
Legitimate interests, where applicable: Verification of the lawfulness of the removal request
Period of storage: 1 months after processing of the removal request

We operate this fan page on the platform provided by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA, 94304, USA (Facebook Privacy Policy). Every selection and interaction on our fan page will entail the processing of data, regardless of whether you have a Facebook account or not. If you are logged in through your account, Facebook Inc. will merge the fan page access information with your account information and may use this to create profiles. If you do not wish to be subject to such profiling, please log out before visiting our fan page.

The “Facebook Insights” tool allows us to process statistical data from our fan page, such as the total number of page views, information about “likes”, page usage, post interaction, video views, post reach, comments, shared content, responses, proportion of male and female visitors to our website, their origin by country and city, language, views and clicks in the shop, clicks on route planners and clicks on phone numbers. This is based on our legitimate interest (Art. 6 (1) f) GDPR) in making contributions to the site more attractive or finding the right time for publication.

You have the right of access to information, to erasure and rectification of your data, to restriction of processing and to data portability, and you have the right to object to the processing and to lodge a complaint with the supervisory authority. You may assert these rights both to Facebook Inc. [contact form] and to ourselves cliqz@datenschutzanfrage.de, in which case we will forward your requests to Facebook Inc. in accordance with our agreement with Facebook.

We are jointly responsible for the processing of your data therefore we have a Page Controller Addendum agreement with Facebook.

We run this fan page on the “Instagram.com” platform provided by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”) (Instagram Privacy Policy). Every selection and interaction on our fan page will entail the processing of data, regardless of whether you have an Instagram or Facebook account or not. If you are logged in through your account, the operators of Instagram and/or their affiliates will merge information about the fan page visit with your account information, where applicable, and may use this to create profiles. If you do not wish to be subject to such profiling, please log out before visiting our fan page.

The “Instagram Insights” tool allows us to process statistical data from our fan page, such as gender, age range, location, page views, interactions and information about paid-for interactions, reach, accounts reached, impressions and impressions per day. This is based on our legitimate interest (Art. 6 (1) f) GDPR) in making contributions to the site more attractive or finding the right time for publication.

You have the right of access to information, to erasure and rectification of your data, to restriction of processing and to data portability, and you have the right to object to the processing and to lodge a complaint with the supervisory authority. You may assert these rights both to Facebook Ireland Ltd [contact form] and to ourselves cliqz@datenschutzanfrage.de, in which case we will forward your requests to Facebook Ireland Ltd in accordance with our agreement with Facebook.

We are jointly responsible for the processing of your data therefore we have a Page Controller Addendum agreement with Facebook.

You also have the right, at any time with future effect and for reasons relating to your particular situation, to object to the processing of personal data concerning you which is based on Art. 6, subs. 1 e) or f), GDPR, including profiling based on these provisions.

The right to object may be exercised free of charge. In order to be able to process your request faster, please preferably use the form available at the following link: https://cliqz.com/en/legal/data-protection-request

Alternatively, you may reach us, for example, using the contact information provided in paragraph I.3
Via email to: cliqz@datenschutzanfrage.de

You have the right to obtain confirmation from us as to whether or not personal data concerning you are being processed and, where that is the case, access to the personal data and the other information listed in Art. 15 GDPR .

You have the right to obtain from us the rectification of inaccurate personal data concerning you without undue delay (Art. 16 GDPR). Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

You have the right to obtain from us the erasure of personal data concerning you without undue delay if one of the reasons listed in Art. 17, subs. 1, GDPR is applicable and the processing operations are not required for one of the purposes approved in Art. 17, subs. 3, GDPR.

You are entitled to obtain from us the restriction of the processing of personal data if one of the conditions laid down in Art. 18, subs. 1 a) to d), GDPR is met.

Under the conditions set out in Art. 20, subs. 1, GDPR, you have the right to receive the personal data concerning you which you have provided to us, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller without hindrance on our part. In exercising your right to data portability, you have the right to have the personal data transmitted directly by us to another controller where technically feasible.

If the processing is based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

You have the right to lodge a complaint with the supervisory authority responsible for our company. The supervisory authority responsible for our company is:

Landesamt für Datenschutzaufsicht, Promenade 27 (Schloss), 91522 Ansbach, http://www.lda.bayern.de

The European Commission offers an Online Dispute Resolution platform for resolving B2C-disputes. You may find it here: http://ec.europa.eu/consumers/odr/

General information requirements pursuant to § 36 German Consumers’ Dispute Resolution Act (VSBG): https://www.gesetze-im-internet.de/englisch_vsbg/englisch_vsbg.html