Privacy Policy
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1. Data protection at a glance
General information
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is all data that can be used to identify you personally. Detailed information on data protection can be found in our privacy policy listed below this text.
Data collection on this website
Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You can find their contact details in the “Information on the Responsible Party” section of this privacy policy.
How do we collect your data?
Your data is collected, on the one hand, when you provide it to us. This may, for example, be data you enter in a contact form.
Other data is collected automatically or with your consent by our IT systems when you visit the website. This primarily includes technical data (e.g., internet browser, operating system, or time of page access). This data is collected automatically as soon as you access this website.
What do we use your data for?
Some of the data is collected to ensure the error-free provision of the website. Other data may be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right to obtain information about the origin, recipient, and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time with effect for the future. Furthermore, you have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
You can contact us at any time with any questions about this or other issues relating to data protection.
2. Hosting
Amazon Web Services (AWS)
We host our website on AWS, a service provided by Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, 1855 Luxembourg (hereinafter referred to as AWS).
When you visit our website, your personal data is processed on AWS servers. Personal data may also be transferred to AWS’s parent company in the USA. Data transfer to the USA is based on the EU standard contractual clauses. Details can be found here:
For more information, see AWS’s privacy policy:
The use of AWS is based on Art. 6 (1) (f) GDPR. We have a legitimate interest in presenting our website as reliably as possible. If consent has been requested, processing will be carried out exclusively on the basis of Art. 6 (1) (a) GDPR and Section 25 (1) TTDSG, insofar as the consent includes the storage of cookies or access to information on the user’s device (e.g., device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
Order processing
We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract required by data protection law, which guarantees that the provider will only process the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.
3. General information and mandatory information
Data protection
The operators of these websites take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose.
We would like to point out that data transmission over the Internet (e.g., when communicating via email) may be subject to security gaps. Complete protection of data from access by third parties is not possible.
Note on the responsible body
The responsible body for data processing on this website is:
headful Software GmbH
Welserstr. 10-12
10777 Berlin
Email: support@headful.io
The responsible body is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).
Storage period
Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g., retention periods under tax or commercial law); in the latter case, deletion will occur once these reasons no longer apply.
General information on the legal basis for data processing on this website
If you have consented to data processing, we will process your personal data on the basis of Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR if special categories of data are processed pursuant to Art. 9 (1) GDPR. In the event of express consent to the transfer of personal data to third countries, data processing will also be carried out on the basis of Art. 49 (1) (a) GDPR. If you have consented to the storage of cookies or to access information on your device (e.g. via device fingerprinting), data processing will also be carried out on the basis of Section 25 (1) TTDSG. Your consent can be revoked at any time. If your data is required to fulfil the contract or to carry out pre-contractual measures, we will process your data on the basis of Art. 6 (1) (b) GDPR. Furthermore, if your data is required to fulfil a legal obligation, we will process it on the basis of Art. 6 (1) (c) GDPR. Data processing may also be based on our legitimate interest pursuant to Art. 6 (1) (f) GDPR. The relevant legal bases in each individual case are explained in the following paragraphs of this privacy policy.
Note on data transfer to the USA and other third countries
We use tools from companies based in the USA or other third countries that do not have secure data protection regulations. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that a level of data protection comparable to that in the EU cannot be guaranteed in these countries. For example, US companies are obligated to disclose personal data to security authorities without you, as the data subject, being able to take legal action. It cannot therefore be ruled out that US authorities (e.g., intelligence agencies) may process, evaluate, and permanently store your data stored on US servers for surveillance purposes. We have no influence over these processing activities.
Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke your consent at any time. The legality of the data processing carried out up to the time of revocation remains unaffected.
Right to object to data collection in special cases and to direct marketing (Article 21 GDPR)
If data processing is based on Article 6 (1) (e) or (f) of the GDPR, you have the right to object to the processing of your personal data at any time for reasons related to your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN PROVE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS OR THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 (1) GDPR).
If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing purposes; this also applies to profiling insofar as it is associated with such direct marketing. If you object, your personal data will subsequently no longer be used for direct marketing purposes (objection pursuant to Art. 21 (2) GDPR).
Right to lodge a complaint with the competent supervisory authority
In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work, or place of the alleged violation. This right of complaint is without prejudice to other administrative or judicial remedies.
Right to data portability
You have the right to have data that we process automatically based on your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done if technically feasible.
Information, deletion and correction
Within the scope of applicable law, you have the right at any time to obtain free information about your stored personal data, its origin and recipient, and the purpose of data processing, as well as the right to have this data corrected or deleted. You can contact us at any time with any questions about this or other issues relating to personal data.
Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. You can contact us at any time to do so. The right to restriction of processing exists in the following cases:
- If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. You have the right to request that the processing of your personal data be restricted while we verify your personal data.
- If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of deletion.
- If we no longer need your personal data, but you require it to exercise, defend or assert legal claims, you have the right to request that the processing of your personal data be restricted instead of deleted.
- If you have lodged an objection pursuant to Art. 21 (1) GDPR, your interests must be weighed against ours. As long as it is not yet clear whose interests prevail, you have the right to request that the processing of your personal data be restricted.
- If you have restricted the processing of your personal data, this data may – with the exception of its storage – only be processed with your consent or for the establishment, exercise or defense of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.
Objection to advertising emails
The use of contact data published in accordance with the imprint obligation to send unsolicited advertising and information materials is hereby prohibited. The operators of the website expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, for example, through spam emails.
4. Data collection on this website
Cookies
Our website uses so-called “cookies.” Cookies are small text files that do not cause any damage to your device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted after your visit. Persistent cookies remain stored on your device until you delete them yourself or they are automatically deleted by your web browser.
In some cases, cookies from third-party companies may also be stored on your device when you visit our website (third-party cookies). These enable us or you to use certain services provided by the third-party company (e.g., cookies for processing payment services).
Cookies have various functions
Many cookies are technically necessary, as certain website functions would not work without them (e.g., the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising.
Cookies that are required to carry out electronic communication, to provide certain functions you have requested (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure web audience) (necessary cookies) are stored on the basis of Art. 6 (1) (f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and similar recognition technologies has been requested, processing will take place exclusively on the basis of this consent (Art. 6 (1) (a) GDPR and Section 25 (1) TTDSG); this consent can be revoked at any time.
You can configure your browser to inform you about the use of cookies and to only accept cookies on a case-by-case basis, to exclude cookies for specific cases or in general, and to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.
If cookies are used by third-party companies or for analysis purposes, we will inform you separately about this in this data protection declaration and, if necessary, request your consent.
Data processing agreement (DPA)
(A) The parties have entered into a service contract (“Main contract“), according to which Headful Software GmbH, Welserstr. 10-12, 10777 Berlin, Germany (“Headful“, the “Processor”) the agreed online service (the “Employ“) for you (the “Customers”).
(B) Pursuant to Art. 28 (1) EU Regulation 2016/679 – General Data Protection Regulation (“GDPR”) applies: If the processing is to be carried out on behalf of a controller, the customer may only use processors that offer sufficient guarantees that appropriate technical and organizational measures are implemented in such a way that the processing complies with the requirements of the GDPR and ensures the protection of the rights of the data subject. In accordance with Art. 28 (3) GDPR, processing by a processor on behalf of a controller is governed by a contract that is binding on Headful vis-à-vis the customer and that specifies the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data and the categories of data subjects, as well as the rights and obligations of the customer. This contract regulates in particular Headful’s obligations under Art. 28 (3) GDPR.
(C) This Agreement, including the documents referred to herein (“Data processing agreement“” or “LAWYER“), the parties intend to create the necessary contractual basis for the processing of personal data by Headful in the provision of the Headful Service. Personal data has the meaning given to it by Article 4(1) GDPR.Subprocessorsare Headful’s data processors, i.e. third parties authorized under this DPA to process the personal data as described in the Main Agreement in order to provide parts of the Service and related technical support.
Therefore, the parties now agree on the following:
1. Scope and details of processing
1.1 For the provision of some services of the main contract, Headful processes personal data (Art. 4 (1) GDPR) as a processor (Art. 4 (8) GDPR) on behalf of the customer as the controller (Art. 4 (7) GDPR).
1.2 The subject matter, the specific service provided by Headful on behalf of the Customer, the duration of the processing, the nature and purpose of the processing, the type of personal data and the categories of data subjects are set out in the Main Contract.
1.3 The scope and details of the Service may change in accordance with the provisions of the Main Agreement.
2. Customer rights and obligations
2.1 The Customer is responsible for compliance with the obligations applicable to the Controller under the GDPR, in particular compliance with the principles relating to the processing of personal data set out in Chapter II of the GDPR and compliance with the rights of data subjects set out in Chapter III of the GDPR.
2.2 The provisions of this DPA, in particular the details of processing pursuant to 1.2, serve as general instructions to process personal data to the extent reasonably necessary for the provision of the Service.
2.3 Headful undertakes to provide the Customer, upon request, with all necessary information regarding its obligations under this Agreement and, in particular, to demonstrate the implementation of the technical and organizational measures within the meaning of Art. 32 GDPR. To enable the Customer to exercise these control rights and obligations before and during the contractual relationship, Headful will, upon request, provide the Customer with an extract from an independent body pursuant to Art. 42 GDPR, i.e., an audit report prepared by the Data Protection Officer on the regular review of Headful’s data protection management system and the technical and organizational measures implemented by Headful. The report will be updated at least every 24 months in accordance with the regular review by Headful’s Data Protection Officer.
3. Rights and obligations of Headful
3.1 Headful will only process personal data on documented instructions from the customer. This also applies to the transfer of personal data to a third country or to an international organization, unless Headful is legally obligated to process personal data. In such cases, Headful will inform the customer of this legal requirement prior to processing, unless Headful is legally prohibited from providing such information, e.g., for important reasons of public interest.
3.2 Headful Software ensures that the persons authorized to process the personal data subject to this DPA are bound to confidentiality and have previously been familiarized with the data protection regulations relevant to their activities.
3.3 Headful Software implements all technical and organizational measures required pursuant to Art. 32 GDPR. These measures are subject to technological progress and fine-tuning. Headful is therefore entitled to change or adapt these measures during the term of this DPA, provided they continue to comply with applicable legal requirements.
3.4 Headful will notify the Customer promptly after becoming aware of a personal data breach with respect to personal data covered by this DPA.
3.5 The Customer hereby grants permission for the processing of personal data outside the Processor’s premises (e.g., teleworking, home working, mobile working). Headful will determine the necessary technical and organizational measures appropriate to the processing in such cases.
3.6 The Customer hereby grants general authorization to engage sub-processors (as defined in Section “C” above) for the provision of the Service. The sub-processors currently engaged by Headful are listed in a list available to the Customer at any time. Changes to the list of sub-processors are subject to the following conditions:
- a) The Customer may object to an update within the period specified in the list (e.g., by email or contact form), but only if, taking into account all circumstances and balancing the mutual interests of the parties, the update is unreasonable for the Customer with regard to the protection of personal data subject to this GDPR. In this case, Headful will, at its sole discretion, take the measures it deems appropriate to eliminate the reason for the objection and inform the Customer of the measures taken. If the Customer’s objection has not been resolved to the mutual satisfaction of both parties within 30 days of Headful receiving the notification of objection, either party may terminate the Main Agreement with immediate effect. In this case, Section 3.9 of this DPA applies.
- b) If Headful Software engages a sub-processor, the same data protection obligations as set out in this DPA shall apply to that sub-processor.
- c) If the Subprocessor fails to comply with its data protection obligations, Headful Software remains fully liable to the Customer for the Subprocessor’s compliance with its obligations.
3.7 Headful will, taking into account the nature of the processing, assist the Customer by appropriate technical and organizational measures, as far as possible, in fulfilling the Customer’s obligation to respond to requests to exercise the rights of data subjects set out in Chapter III of the GDPR with regard to personal data subject to this GDPR.
3.8 Upon request, Headful will provide reasonable assistance to the Customer in fulfilling its obligations under Articles 32 to 36 GDPR, taking into account the nature of the processing and the information available to Headful regarding personal data subject to this GDPR.
3.9 Headful will delete all personal data subject to this GDPR, including all existing copies, four weeks after termination of the contractual relationship, unless Union or Member State law requires the personal data to be stored for a longer period.
4. Transfer of personal data to third countries
Headful and/or its sub-processors will only transfer and/or process personal data subject to this GDPR to third countries if the conditions set out in Chapter V of the GDPR are met.
5. Contact
If you have any questions regarding this Data Processing Agreement, you can contact Headful Software by email or post: Headful Software GmbH, Welserstr. 10-12, 10777 Berlin.
6. Final provisions
6.1 This DPA shall enter into force upon conclusion of the Main Agreement. The term of this DPA shall correspond to the term of the Main Agreement.
6.2 Headful is entitled to amend this DPA as needed to adapt it to applicable law or to further develop the Service, provided that these changes would not materially alter the relationship between the Customer and Headful to the benefit of Headful Software. Headful will notify the Customer of any changes to the terms of this DPA with 30 days’ notice before they take effect. The notification can be made by email or via the Customer Area, where the DPA can be downloaded and/or printed. The amended GDPR will become effective if the Customer does not object in text form (e.g., by email) within the period specified in the notification and continues to use the Service after the expiration of the period. Headful will specifically inform the Customer of the consequences of non-acceptance in the notification. The termination rights of both the Customer and Headful remain unaffected.
6.3 Should any provision of these Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The parties undertake to jointly replace the invalid or unenforceable provision with a valid provision that most closely approximates the invalid or unenforceable provision. The same applies to any gaps in these Terms and Conditions.
6.4 In the event of any conflict between this DPA and any other agreement between the parties, in particular the Main Contract, the provisions of this DPA shall prevail.
Details of processing
The following descriptions outline the details of data processing within the scope of the service provided by Headful. This overview supplements the Data Protection Agreement.
| Object | The subject of the processing is the provision of the service as described in the main contract. |
| Description of the service | Provision of the Headful Software Service |
| Duration of processing | The duration of processing depends on the duration of the provision of the service. |
| Purpose of processing | Anonymization of personal data for use by the controller. |
| Categories of data subjects | Customers of the Controller, customers or visitors of the Controller’s website or online shop, employees of the Controller, interested parties. |
| Types of personal data |
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