Privacy policy

This English translation is provided for convenience only. In case of discrepancies, the German version is legally binding. German version

Hiprocall GmbH
represented by Karl-Heinz Häuslein (Managing Director)
Neumarkter Str. 21
81673 München
Germany
Phone +49 (0)89 4200 188-0
Fax +49 (0)89 4200 188-28
Email: info@hiprocall.de

As the controller, Hiprocall GmbH (“we”) informs you about how we handle your personal data and what rights you have in connection with your personal data. With this privacy policy, we wish in particular to fulfil our statutory information obligations under Regulation (EU) 2016/679 (General Data Protection Regulation – “GDPR”).

A. USE OF OUR SITE

In this section, we inform you about how we handle personal data relating to you that we collect in connection with our internet offering (“Site” or “Website”) and the sending of newsletters and other web services, and what rights you have in this context.

Use of the site

In general, our site can be used anonymously. Providing personal data such as your name, address or email address is entirely voluntary, and you will always be informed if and for what purpose we wish to store data from you.

To protect the personal data held by us against unauthorised access and misuse, we have taken extensive technical and organisational measures that correspond to the state of the art. We would, however, point out that internet-based data transmission has security gaps, so complete protection against access by third parties is impossible.

Cookies

On our site we use so-called cookies to recognise repeated use of our offering by the same user/internet connection holder. Cookies are small text files that your internet browser places and stores on your computer. They serve to optimise our website and our offerings. These are mostly so-called “session cookies”, which are deleted again at the end of your visit.
In some cases, however, these cookies transmit information in order to recognise you automatically. This recognition is based on the IP address stored in the cookies. The information obtained in this way serves to optimise our offerings and to give you easier access to our site.

When accessing our website, every user is informed about the use of cookies and has the opportunity to give their consent to the use of cookies and to the processing of the personal data used in this connection. You can also prevent the installation of cookies at any time by adjusting your browser settings accordingly; we would, however, point out that in this case you may not be able to use all functions of our website to their full extent.

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”. Details on how “Real Cookie Banner” works can be found at https://devowl.io/de/rcb/datenverarbeitung/.

The legal bases for the processing of 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 of the related consents.

The provision of the personal data is neither required by contract 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.

Server data

For technical reasons, the following data, among others, which your internet browser transmits to us or to our web space provider, are recorded when you visit our site:

– browser type and version
– operating system used
– website from which you visit us (referrer URL)
– website you visit
– date and time of your access
– your Internet Protocol (IP) address.

as well as, where applicable, other technical information that we use for the technical handling of the use of the site (delivery of content, ensuring the functionality and security of the website, defence against cyber attacks and other misuse) and evaluate statistically.

The temporary storage of the aforementioned information by the system for the duration of the session is necessary to enable the site to be delivered to your computer. Some of this data is also stored in the log files of our system. This data is not stored together with the IP address or other personal data relating to you. We do, however, refer to the information on cookies. The log files are deleted after 90 days at the latest.

This processing and storage is carried out to perform the user agreement existing with you, insofar as it serves the technical handling of the use of the site (legal basis: Art. 6(1)(b) GDPR), and otherwise to safeguard our legitimate interest in making our site as user-friendly, secure and attractive as possible and in promoting the sale of our products and services (legal basis: Art. 6(1)(f) GDPR).

Registration function

We offer you the opportunity to register on our site. The data entered in the course of this registration, as shown in the input mask of the registration form, such as:

– name
– email address
– website
– comment

as well as all other personal data stored in connection with the user account, are stored and used by us in this user account for an unlimited period of time to perform the user agreement existing with you, until you delete the user account or we terminate the user account (legal basis: Art. 6(1)(b) GDPR). When you register on our site, we will also store your IP address and the date and time of your registration. The storage of this data serves to safeguard our legitimate interest in preventing and, where applicable, prosecuting misuse of our services (legal basis: Art. 6(1)(f) GDPR).

After you delete the user account or we terminate it, we will retain all data for up to 3 months. This serves to safeguard our legitimate interest in being able to restore this data in the event of accidental deletion, or in the establishment, exercise or defence of legal claims in connection with the user agreement (legal basis: Art. 6(1)(f) GDPR).

We offer you the opportunity to subscribe to our newsletter on our site. With this newsletter, we inform you at regular intervals about our offerings. To receive our newsletter, you need a valid email address. We will check the email address you enter to determine whether you are actually the holder of the email address provided or whether its holder has authorised receipt of the newsletter. When you subscribe to our newsletter, we will store your IP address and the date and time of your subscription. The storage of this data serves to safeguard our legitimate interest in preventing and, where applicable, prosecuting misuse of our services (legal basis: Art. 6(1)(f) GDPR). In addition, we store and process your consent to receive the newsletter for the aforementioned storage period. This serves to safeguard our legitimate interest in being able to prove, in the event of a dispute, that you wished to receive the newsletter (legal basis: Art. 6(1)(f) GDPR).

We will store and use your registration data for an unlimited period of time until you unsubscribe or we discontinue sending the newsletter, in order to perform the contract existing with you for the receipt of the newsletter (legal basis: Art. 6(1)(b) GDPR). You can cancel your subscription to this newsletter at any time. Details can be found in the confirmation email and in every single newsletter.

After you unsubscribe or we discontinue the newsletter, we will retain the registration data, the IP address, the date and time of registration and your consent for up to 3 months. This serves to safeguard our legitimate interest in being able to restore them in the event of accidental deletion, or in the establishment, exercise or defence of legal claims in connection with the registration and the consent to receive the newsletter (legal basis: Art. 6(1)(f) GDPR).

Contact option

We offer you the opportunity to contact us on our site by email and/or via a contact form. In doing so, a valid email address is required so that we know who the enquiry comes from and are able to respond to it. Further information may be provided voluntarily. In this case, we will store and use the information you provide for the purpose of processing your enquiry.

Further processing

If you provide us with personal data via the user account or the contact form for a purpose going beyond the use of the site, such as sending a quotation or product information, we will also store and process this data for that purpose. In this respect, however, the further processing is governed not by the information in this Section A but by Section B below.

Statistical analysis and remarketing

This website uses Piwik, an open-source software (http://de.piwik.org), for the statistical analysis of visitor access. For this purpose, so-called “cookies” are used; these are text files that are stored on your computer. The usage information generated by the cookies is transmitted to our server and stored for usage analysis purposes, which serves to optimise our website. Your IP address is anonymised immediately in this process, so that you as a user remain anonymous to us. The server on which the statistical data is stored is operated by Hiprocall GmbH and is also physically located in Germany.

Furthermore, we use “Google Analytics” on our website, a web analytics service of Google Ireland Limited, Google Building Gordon House, Barrow St, Dublin 4, Ireland (hereinafter referred to as “Google”). Google uses cookies, i.e. small text files that are stored on your device and that enable an analysis of your use of our website. The information generated by the cookie about your use of our website is usually transmitted to a Google server and stored there. If anonymisation of the IP address to be transmitted by the cookie is activated on the website (“IP anonymisation”), your IP address will first be truncated by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server outside the EU and truncated there. Google will use this information on our behalf to evaluate your use of our website, to compile reports on website usage and to provide us with further services related to website usage and internet usage. In doing so, pseudonymous usage profiles may be created from the processed data. The IP address transmitted in the course of using Google Analytics will not be merged with other Google data.
We use Google Analytics only with the IP anonymisation described above activated. This means that Google only processes your IP address in truncated form. It is therefore possible to rule out any link to an individual person.
We use Google Analytics for the purpose of analysing the use of our website and continuously improving individual functions and offerings as well as the user experience. Through the statistical analysis of user behaviour, we can improve our offering and make it more interesting for you as a user.

Furthermore, we use Google AdWords Conversion Tracking to measure the success of our advertising measures. After certain goals have been reached on our website (“conversions”) – such as the completion of an order – this goal achievement is recorded by Google. Google can thereby measure the number of goals achieved. In addition, using previously set cookies, Google will determine which advertisements were clicked on beforehand and were therefore decisive for the goal achievement. Google processes this data on servers in the USA, but will not link it to personal data from your Google account.

This website uses the remarketing function of Google Inc. (“Google”). This function serves to present visitors to the website with interest-based advertisements within the Google advertising network. The website visitor’s browser stores so-called “cookies”, text files that are stored on your computer and that make it possible to recognise the visitor when they access websites belonging to Google’s advertising network. On these pages, the visitor can then be presented with advertisements relating to content that the visitor previously accessed on websites that use Google’s remarketing function. According to its own statements, Google does not collect any personal data in this process. Should you nevertheless not wish to use Google’s remarketing function, you can in principle deactivate it by making the appropriate settings at http://www.google.com/settings/ads.

This processing and storage is carried out to safeguard our legitimate interest in making our site as user-friendly, secure and attractive as possible and in promoting the sale of our products and services (legal basis: Art. 6(1)(f) GDPR), or on the basis of your consent to the use of cookies (legal basis: Art. 6(1)(a) GDPR). If you do not agree to the processing, you can configure which data we store via the following link:
Cookie settings

B. OTHER DATA PROCESSING

In this section, we inform you about how we handle personal data relating to you that we collect or use outside the website in other contexts, and what rights you have in this respect.

Prospect, customer and supplier data

If you express an interest in our products or services by making an enquiry (e.g. at a trade fair or conference, by email or via the contact form on the website), we store your contact details and the subject of your interest in a separate database for prospective customers. We store and process this data in order to process your enquiry and, beyond that, to safeguard our legitimate interest in improving our supplies and services in line with your individual requirements with regard to your concern, thereby promoting the sale of our products and services, and, where applicable, offering you further products or services that match your interests (legal basis: Art. 6(1)(f) GDPR). If a customer relationship results from your enquiry, the data is transferred to our customer database. If no customer relationship results, the data is deleted 3 years after the last correspondence with you.

If a customer relationship exists or is established with you, we create a customer account in our customer database. The customer account contains your master data (name, address, account, etc.). All transactions and documents (correspondence, orders, contracts, complaints, etc.) within the framework of the customer relationship are then linked to this customer account. We store and process this information, on the one hand, to perform the respective contractual relationship existing with you with regard to our products and services that you use (legal basis: Art. 6(1)(b) GDPR) and, on the other hand, to safeguard our legitimate interest in improving our supplies and services in line with your individual requirements with regard to your concerns and interests, thereby promoting the sale of our products and services, offering you, where applicable, further products or services that match your interests, documenting contractual agreements and correspondence for the establishment, exercise or defence of legal claims and, where applicable, fulfilling our product monitoring obligation with regard to our products and services (legal basis: Art. 6(1)(f) GDPR), as well as to fulfil statutory documentation and retention obligations (legal basis: Art. 6(1)(c) GDPR).

In our customer database we also store data on our other business partners. We understand the term “business partner” in the broadest sense as all contractual partners who are not customers or employees, i.e. suppliers, contractors, freelancers, consultants, etc. We process and store personal data relating to actual or potential business partners in principle in the same databases and in the same way as data relating to prospective customers and customers. The above statements on prospective customers and customers therefore apply accordingly to business partners.

Deletion periods

Unless detailed information on deletion periods has been given elsewhere in this privacy policy, the following general deletion periods apply. If an item falls under several deletion periods, the longest one always applies:

We retain customer data for the duration of the customer relationship. Even after that, insofar as they are necessary for maintaining the customer account and serve to allocate documents or data of the types listed below, they continue to be retained for the periods set out below. Otherwise, they are deleted after one year has elapsed.

In view of the statutory retention period for commercial letters and tax documents, we retain correspondence for seven years and accounting vouchers and invoices for 11 years.

In view of the statutory limitation of claims and statutory retention obligations for accounting vouchers, we retain contract-related data and documents for 11 years after the end of the contractual relationship.

In order to comply with our statutory product monitoring obligation and for the establishment, exercise or defence of legal claims within the statutory limitation periods, we retain all product safety documents and product data, including information on safety-related incidents and accidents or customer complaints, for 31 years after the end of the product’s distribution.

Where this privacy policy refers to “deletion”, we reserve the right to anonymise the relevant data record instead of deleting it completely, so that it can no longer be attributed to you.

Processing on behalf of business customers (Enterprise Voicemail products)

As part of our Enterprise Voicemail products, we provide data processing services for our business customers.

In doing so, we store personal data of the individual users of the respective product. This data is either transmitted to us by the business customer or entered by the users themselves in the course of a registration, and in both cases is stored in an individual user account. We use this user data exclusively to provide the respective user with the individual services of the product in accordance with their individual settings and specifications.

Storing and using this user data is necessary to enable the use of our product and thus to perform the contract between the business customer and the individual user (legal basis: Art. 6(1)(b) GDPR – or, insofar as the underlying contractual relationship is an employment relationship, Art. 88 GDPR in conjunction with § 26 BDSG (German Federal Data Protection Act)), and otherwise to safeguard the legitimate interest of our business customer in making its external presence as efficient, secure and attractive as possible (legal basis: Art. 6(1)(f) GDPR).

Users themselves have the option of viewing their data in the user account and, where necessary, correcting it or arranging for its deletion. All personal user data is deleted automatically upon termination of the contractual relationship with the business customer and the associated deactivation of the user account. In addition, user accounts can also be deleted manually by an authorised administrator. Existing backups are deleted after 4 weeks at the latest.

The processing of personal data as part of our Enterprise Voicemail products is carried out on behalf of the respective business customer. This means that the business customer alone, as the controller, decides on the purposes and means of the processing of personal data, and we act exclusively on its behalf and in accordance with its instructions. The other sections of this privacy policy, which are based on us being the controller ourselves, therefore do not apply to this processing. Our business customer, as the principal, is therefore responsible for questions about your data and for safeguarding your statutory rights set out in Section C. Insofar as you address questions or requests for information to us, we will forward them to the business customer.

We conclude data processing agreements with all our business customers, which ensure that personal data is processed by us only on behalf of and in accordance with the instructions of our business customers.

Data protection when using “WorkCompass”

Access permissions and location data

The WorkCompass app can access the location of your device (GPS or approximate position). Access takes place exclusively for the functions described below and only if the respective function is used and the necessary permission has been granted on the device.

Logbook:
During an actively started trip, the route travelled can be recorded via GPS in order to create logbook entries, in particular the start and destination address as well as the route travelled. During an actively started trip, location recording can continue even when the app is in the background or the device’s display is locked. This is necessary so that the trip can be recorded in full. Recording begins only when the user starts a trip and ends as soon as the trip is ended.

Time recording:
When clocking in and out, the current location of the device can be determined and stored. This serves in particular to document the location of the time recording and can be used to determine whether the user is at or near an assigned construction site or place of work.

Photos and documentation:
With the corresponding functions, the location can be recorded when a photo is taken or an entry is created. This applies, for example, to defects, reports, construction diary entries or other project-related documentation. The location information serves to assign the photo or documentation to a specific location or project.

The location data recorded in this process, in particular GPS coordinates, determined addresses, routes travelled and locations of time recordings or documentation, are processed to provide the respective functions and may be stored on the servers we use for Work Compass.

The location data is not used for advertising purposes or to create movement or user profiles outside the functions described. The location data is not passed on to third parties for their own advertising or marketing purposes.

The use of the location functions depends on the configuration of Work Compass and on the functions enabled by the company for the respective user. Location permission can be granted or revoked via the settings of the respective device. Without the necessary location permission, functions that rely on location data may not be available or may only be available to a limited extent.

Insofar as the processing is based on consent, it takes place on the basis of Art. 6(1)(a) GDPR. Insofar as the processing is necessary to provide the services agreed with the respective customer, it takes place on the basis of Art. 6(1)(b) GDPR or within the framework of processing on behalf pursuant to Art. 28 GDPR.

Where WorkCompass is used for business purposes, it is in principle the company, as the customer, that determines which functions are used for its employees and which personal data is processed within the framework of these functions. The respective company is responsible for informing its employees about the operational processing of personal data and in particular about any location recording used, and for creating the necessary prerequisites under data protection and employment law.

C. GENERAL INFORMATION

Scope

A large proportion of our customers are organisations and companies (so-called legal entities). Insofar as you contact us as an employee of an organisation or company, we will store and process the data described below essentially in relation to this organisation or company, but will link it to the information that you are employed by this organisation or company and are our contact person.

We may also process personal data in contexts other than those mentioned in Sections A and B. Should you be affected by such data processing, we will inform you separately where applicable.

Recipients, categories of recipients

Our site may contain references to third-party offerings in the form of links, advertising banners or similar. If you follow these references (usually by clicking on the link or advertising banner), you will be taken to third-party offerings. We would point out that we are not the controller for such offerings, that we have not agreed any guarantees with the controller with regard to data protection, and that the data protection provisions of the provider as controller apply exclusively to these offerings. Although we ourselves do not forward any personal data to such providers, they may, if you click on an advertisement, draw conclusions from the fact that you come from our site.

Your rights

As a data subject, you have certain rights with regard to your personal data, which we explain below:

Right of access – Under the conditions of Art. 15 GDPR, you have the right to request from us confirmation as to whether personal data concerning you is being processed, a copy of this data and comprehensive information about this personal data. Please note that your right of access may be restricted by law under certain circumstances (in particular pursuant to § 34 BDSG).

Right to rectification – Under the conditions of Art. 16 GDPR, you have the right to request from us the rectification of inaccurate personal data and the completion of incomplete personal data concerning you.

Right to erasure – Under the conditions of Art. 17 GDPR, you have the right to request the erasure of your data, for example if its storage is no longer necessary for the fulfilment of legitimate purposes (such as the establishment, exercise or defence of legal claims).

Right to restriction of processing – Under the conditions of Art. 18 GDPR, you have the right to request the restriction of the processing of personal data concerning you, e.g. if you contest its accuracy.

Right to data portability – Under the conditions of Art. 20 GDPR, you have the right to request that we provide you or a third party designated by you with the data concerning you that you have provided, in a machine-readable format, if automated processing of personal data is carried out solely on the basis of your consent or for the performance of a contract with you or for the implementation of pre-contractual measures.

Right to object – Under the conditions of Art. 21 GDPR, you have the right to object, on grounds relating to your particular situation, to certain processing of the data concerning you. Whether we comply with this depends on whether there are compelling legitimate grounds for the processing that override your interests, or whether the processing serves the establishment, exercise or defence of legal claims.

Automated decisions – Without your consent, we will not make any decisions that produce legal effects concerning you or similarly significantly affect you and that are based solely on automated processing (including profiling)

Consents – Insofar as you give consent to processing, this is done voluntarily unless we inform you otherwise beforehand, and refusal to give consent will not be penalised. You are entitled to withdraw consent once given at any time. Such a withdrawal does not affect the lawfulness of the processing carried out on the basis of the consent before its withdrawal. Processing on a legal basis other than your consent also remains unaffected by the withdrawal. In this respect, however, you can additionally exercise the statutory rights set out above (e.g. the right to object). In particular, you can withdraw any consent to the use of your email address or telephone number for direct marketing at any time and object to the further use of your email address or telephone number for this purpose at any time, without incurring any costs other than the transmission costs of your provider at the basic rates.

Right to lodge a complaint – You have the right to lodge a complaint with a supervisory authority. This may be, among others, the supervisory authority responsible for your place of residence or the supervisory authority generally responsible for us. The supervisory authority generally responsible for us is:

Bayerisches Landesamt für Datenschutzaufsicht (Bavarian Data Protection Authority); Promenade 27 (Schloss), 91522 Ansbach, Germany; postal address: Postfach 606, 91511 Ansbach, phone: +49 (0) 981 53 1300, email: poststelle@lda.bayern.de. If you wish to lodge a complaint, you can also use the complaint form provided at https://www.lda.bayern.de/de/beschwerde.html.

To exercise your rights, in particular to withdraw any consent you may have given, you can contact us in any form, in particular also our data protection officer:

Email: datenschutz@hiprocall.de
Phone: +49 89 4200188 0
Data protection officer: Matthias Jäger

To exercise your rights, it may be necessary for you to identify yourself to us as the data subject.