Privacy policy

§ 1 Information on the collection of personal data

1. (1) In the following, we inform you about the processing of personal data when using our website. Personal data is all data that can be related to you personally, e.g. name, address, e-mail addresses, user behavior. In this way, we would like to inform you about our processing operations and at the same time comply with the legal obligations, in particular from the EU General Data Protection Regulation (GDPR).
2. (2) The data controller according to Art. 4 para. 7 GDPR is WhaleCrew UG (haftungsbeschränkt), Thanheimer Str. 13, 92421 Schwandorf, Germany, @.meerlachwo@nimcwda (see our imprint as well).
3. (3) When you contact us by e-mail or via a contact form, the data you provide (your e-mail address, name and telephone number, if applicable) will be stored by us in order to answer your questions. We delete the data accruing in this context, if the inquiry is assigned to a contract, after the time limits for the term of the contract, otherwise after the storage is no longer necessary, or restrict the processing if there are legal obligations to retain data.
4. (4) If we use contracted service providers for individual functions of our offer or wish to use your data for advertising purposes, we will always carefully select and monitor these service providers and inform you in detail about the respective processes below. In doing so, we will also state the defined criteria for the storage period.

§ 2 Your rights

1. (1) You have the following rights with respect to a data controller regarding personal data concerning you:
   • - Right to access,
   • - Right to rectification or erasure,
   • - Right to restriction of processing,
   • - Right to object to processing,
   • - Right to data portability.
2. (2) You also have the right to complain to a data protection supervisory authority about our processing of your personal data.

§ 3 Processing of personal data when visiting our website

§ 4 Further functions and offers of our website

1. (1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested and use other usual functions to analyze or market our offers, which are presented in more detail below. For this purpose, you usually have to provide further personal data or we process such further data that we use to perform the respective services. For all data processing purposes described here, the aforementioned data processing principles apply.
2. (2) In some cases, we use external service providers to process your data. These are carefully selected by us, are bound by our instructions and are regularly monitored.
3. (3) Furthermore, we may pass on your personal data to third parties if contract conclusions, participation in promotions, contests or similar services are offered by us together with partners. Depending on the service, your data may also be collected by the partners on their own control. You will receive more detailed information when you provide your data or below in the description of the respective offers.
4. (4) If our service providers or partners are located in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the offer.

§ 5 Objection or revocation against the processing of your data

1. (1) If you have given your consent to the processing of your data, you may revoke it at any time. Such a revocation affects the permissibility of the processing of your personal data after you have expressed it to us. The permissibility of the processing of your data up to the time of your revocation remains unaffected.
2. (2) Insofar as we base the processing of your personal data on the balance of interests, you can object to the processing. This is the case if the processing is not necessary, in particular, for the fulfillment of a contract with you, which is presented by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data in the way we have carried out. In the event of your objection, we will review the situation and either discontinue or adjust the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.
3. (3) Of course, you can object to the processing of your personal data for purposes of advertising and data analysis at any time. The best way to exercise your advertising objection is to contact us using the contact details provided above.

§ 6 Processing of data from your end devices ("Cookie Policy")

1. (1) In addition to the above-mentioned data, we use technical aids for various functions when you use our website, in particular cookies, which can be stored on your internet device. When you call up our website and at any time later, you have the choice of whether you generally permit the setting of cookies or which individual additional functions you would like to select. You can make changes in your browser settings. In the following, we first describe cookies from a technical point of view (2), before going into more detail about your individual choices by describing technically necessary cookies (3) and cookies that you can voluntarily select or deselect (4).
2. (2) Cookies are text files or information in a database that are stored on your hard drive and assigned to the browser you are using so that certain information can flow to the entity that sets the cookie. Cookies cannot execute programs or transmit viruses to your computer, but are primarily used to make the website faster and more user-friendly. This website uses the following type of cookies, whose functionality and legal basis we will explain below:
   • - Transient cookies: Such cookies, especially session cookies, are automatically deleted when the browser is closed or by logging out. They contain a so-called session ID. In this way, various requests from your browser can be assigned to the same session and your computer can be recognized when you return to our website.
   • - Persistent cookies: Such cookies are automatically deleted after a specified duration, which is set differently depending on the cookie. You can view the cookies set and the durations at any time in the settings of your browser and delete the cookies manually.
3. (3) Mandatory functions that are technically necessary for displaying the website: The technical structure of the website requires us to use techniques, in particular cookies. Without these techniques, our website cannot be displayed (completely correctly) or the support functions could not be enabled. These are mainly transient cookies that are deleted after the end of your website visit, at the latest when you close your browser, some are persistent cookies deleted following the expiry time. You cannot deselect these cookies if you wish to use our website. These are the following cookies:

   Cookie name (XXX represents dynamic part)	Expiry time	Description
   Session	1 day	authentication of user
   __cflb	Session, up to 24 hours	load balancing session affinity
   __cf_bm	30 minutes	Bot protection
   __cfruid	Session	Rate limiting
   cf_clearance	45 minutes	Clearance Cookie stores the proof of challenge passed. It is used to no longer issue a captcha or challenge if present. It is required to reach origin server.
   cf-cc-XXX; cf-chlcc-XXX; cf-chl-seq-XXX; cf-chlprog	Session	These cookies are used by Cloudflare for the execution of Javascript or Captcha challenges. They are not used for tracking or beyond the scope of the challenge. They can be deleted if seen.
   cf-chl-XXXX	Session	This cookie is used to check whether the Cloudflare Edge server supports cookies. It can be deleted if seen.
   cf-chl-rc-i; cf-chlrc-ni	Session	These cookies are for internal use which allows Cloudflare to identify production issues on clients.

   The legal basis for this processing is Art. 6 para. 1 s. 1 lit. f GDPR.

4. (4) Optional cookies when you give your consent: We set individual cookies only upon your consent, which you can select when you first visit our website. The functions are only activated in the event of your consent and can serve in particular to enable us to recognize you on a return visit. The legal basis for this processing is Art. 6 para. 1 s. 1 lit. a GDPR. The revocation of your consent is possible at any time without affecting the permissibility of the processing until the revocation. The functions used by us, which you can select and revoke individually, are described below:

   Cookie name	Expiry time	Description
   mfa-bypass	30 days	Set if the user does not want to have to enter a 2-factor code again when logging in with this browser.

   You may choose to revoke your consent to bypass our multi factor authentication when revisiting our website by the use of a persistent cookie. Doing so will protect your privacy, but will also prevent your easier access to your account.

   You currently consent to the multi factor bypass. Check this box to revoke.

   Currently, you do not consent to the multi factor bypass. Check this box to allow us to set the mfa-bypass cookie. We will recognize your device by this cookie when you revisit our site and require no further login / just a single password login.

§ 7 Use of our webshop

1. (1) If you would like to order our analysis software in our webshop, it is necessary that you first create a user account (below (2)) and provide your personal data for the conclusion of the contract (below (3)), which we need for the purpose of processing your order.
2. (2) To set up a user account, we generally use the so-called double-opt-in procedure. This means that after your registration we will send you an e-mail to the specified e-mail address in which we ask you to confirm that you are the owner of the specified e-mail address and wish to set up the user account. If you do not confirm your registration within two weeks, your information will be deleted. In addition, we store your respective IP addresses used and times of registration and confirmation. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data. As an alternative to the so-called double-opt-in procedure, you can also set up a user account via an existing Google account or Discord account. In this case, Google or Discord will send us your username and email address, which we will use to create the user account.
3. (3) Mandatory information necessary for the processing of contracts in the webshop is marked separately, other information is voluntary. For payment, you must provide your payment data to our payment service providers, whereby these third parties are each independently responsible for payment processing. The legal basis for this is Art. 6 para. 1 s. 1 lit. b GDPR. We may also process the data you provide to inform you about other interesting products from our portfolio or to send you e-mails with technical information. The legal basis for this is Art. 6 para. 1 s. 1 lit. f GDPR.
4. (4) We are obliged by commercial and tax law to store your address, payment and order data for a period of ten years. However, we will restrict processing after three years - in the case of a subscription 3 years after its expiry - i.e. your data will only be used from this point onwards to comply with legal obligations.

§ 8 Our appearances in Social Networks

1. (1) We have various presences in a so-called social media platforms. We operate the presences with the following providers:
   • - Youtube: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland, www.youtube.com. You can find more information about the data processing at https://policies.google.com/privacy?hl=en.
   • - Instagram: Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, www.instagram.com. You can find more information about the data processing at https://help.instagram.com/519522125107875/.
   • - Twitter: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 IRELAND, www.twitter.com. You can find more information about the data processing at https://twitter.com/en/privacy.
2. (2) We use the technical platform and services of the providers for our presences there. We would like to point out that you use our appearances on social media platforms and their functions on your own responsibility. This applies in particular to the use of the interactive functions (e.g. commenting, sharing, rating). When you visit our presences, the providers of the social media platforms collect, among other things, your IP address and other information that is stored in the form of cookies on your terminal device. This information is used to provide us, as the operator of the accounts, with statistical information about your interaction with us and other users of our presence.
3. (3) The data collected about you in this context is processed by the platforms and may be transferred to countries outside the European Union, in particular the USA. According to their own statements, all of the aforementioned providers maintain an adequate level of data protection equivalent to the former EU-US Privacy Shield and we have concluded the standard data protection clauses with the companies. We do not know in which way the social media platforms use the data from your visit to our account and interaction with our and other users' contributions for their own purposes, how long this data is stored and whether data is passed on to third parties. Data processing may differ depending on whether you are registered and logged in to the social network or visit the site as a non-registered and/or non-logged-in user. When you access a post or the account, the IP address assigned to your internet device is transmitted to the provider of the social media platform. If you are currently logged in as a user, a cookie on your internet device can be used to track how you have moved around the internet. Buttons embedded in websites enable the platforms to record your visits to these website pages and assign them to your respective profile. Based on this data, content or advertising can be offered tailored to you. If you want to avoid this, you should log out or deactivate the "stay logged in" function, delete the cookies present on your device and restart your browser.
4. (4) As the provider of the information service, we only process the data from your use of our service that you provide to us and that requires interaction. If, for example, you ask a question that we can only answer by e-mail, we will store your information in accordance with the general principles of our data processing, which we describe in this privacy policy. The legal basis for processing your data on the social media platform is Art. 6 para. 1 s. 1 lit. f GDPR.
5. (5) To exercise your data subject rights, you can contact both us or the provider of the social media platform. To the extent that one party is not responsible for responding or must obtain the information from the other party, we or the provider will then forward your request to the respective partner. For questions about the profiling and processing of your data when using the Platform, please contact the operator of the social media platform directly. For questions about the processing of your interaction with us, write to the contact details we have provided above.
6. (6) What information the social media platform receives and how it is used is described by the provider in their privacy policy (link see (1)). There you will also find information about contact options as well as about the setting options.

§ 9 Use of Matomo

1. (1) On this website we use the web analytics service Matomo to analyze and review the use of our website. The statistics obtained allow us to improve our offer and make it more interesting for you as a user.
2. (2)

   We operate Matomo in a version that does not require cookies. Thus, no Matomo cookies are stored on your computer for the purpose of web analysis. For the analysis of website usage, your IP address and information such as timestamp, web pages visited and your language settings are collected. We store the information collected in this way on our server.

   This website uses Matomo with the extension "AnonymizeIP". This means that IP addresses are processed in a shortened form and a direct reference to a person is excluded. The IP address transmitted by your browser via Matomo is not merged with other data collected by us. The legal basis for the use of Matomo is Art. 6 para. 1 p. 1 lit. f GDPR.

3. (3) Preventing the use of Matomo is possible by removing the following checkmark and thus activating the opt-out plug-in: In this case, an opt-out cookie is stored in your browser, which prevents Matomo from storing usage data. If you delete your cookies, this has the effect that the Matomo opt-out cookie is also deleted. The opt-out must be reactivated when you visit our site again.

You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.

You are not opted out. Uncheck this box to opt-out.
4. (4) The Matomo program is an open source project. Information from the third-party provider on data protection is available at www.matomo.org/privacy-policy/.