Privacy Policy
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 any data that can be used to personally identify you. Detailed information on data protection can be found in our privacy policy, which is linked below.
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. Their contact details can be found in the section “Information on the responsible body” in this privacy policy.
How do we collect your data?
Your data is collected, firstly, because you provide it to us. This could include, for example, data that you enter into a contact form.
Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily 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 data is collected to ensure the website functions correctly. 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 free of charge at any time regarding the origin, recipients, and purpose of your stored personal data. 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 for the future. Furthermore, you have the right, under certain circumstances, to request the restriction of the processing of your personal data. You also have the right to lodge a complaint with the competent supervisory authority.
You can contact us at any time with regard to this and other questions concerning data protection.
Analytics tools and third-party tools
When you visit this website, your browsing behavior may be statistically analyzed. This is done primarily using so-called analytics programs.
Detailed information about these analytics programs can be found in the following privacy policy.
2. General information and mandatory disclosures
Data protection
The operators of this website 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 are 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 this is done.
Please note that data transmission over the internet (e.g., when communicating via email) can have security vulnerabilities. Complete protection of data against access by third parties is not possible.
Note regarding the responsible body
The responsible body for data processing on this website is:
Finclair GmbH
Jägerstraße 54 – 55
10117 Berlin
Germany
Phone: +49 30 3001 39681
Email: info@finclair.com
The responsible entity 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, email addresses, etc.).
Storage duration
Unless a more specific retention period is stated within this privacy policy, your personal data will remain with us until the purpose for processing the data no longer applies. If you submit a legitimate request for erasure or withdraw your consent to data processing, your data will be deleted, provided we have no other legally permissible grounds for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the data will be deleted once these grounds cease to apply.
General information on the legal basis for data processing on this website
If you have consented to data processing, we process your personal data on the basis of Article 6(1)(a) GDPR or Article 9(2)(a) GDPR if special categories of data pursuant to Article 9(1) GDPR are processed. In the case of explicit consent to the transfer of personal data to third countries, data processing also takes place on the basis of Article 49(1)(a) GDPR. If you have consented to the storage of cookies or to access to information on your device (e.g., via device fingerprinting), data processing additionally takes place on the basis of Section 25(1) of the German Telecommunications and Telemedia Data Protection Act (TTDSG). You can withdraw your consent at any time. If your data is required for the performance of a contract or for taking steps prior to entering into a contract, we process your data on the basis of Article 6(1)(b) GDPR. Furthermore, we process your data if it is necessary for compliance with a legal obligation, on the basis of Article 6(1)(c) GDPR. Data processing may also be based on our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR. Information on the applicable legal bases in each individual case is provided in the following paragraphs of this privacy policy.
Note regarding data transfers to third countries that do not offer adequate data protection and transfers to US companies that are not DPF-certified.
We use, among other things, tools from companies based in third countries with inadequate data protection laws, as well as US tools whose providers are not certified under the EU-US Data Privacy Framework (DPF). When these tools are active, your personal data may be transferred to and processed in these countries. Please note that a level of data protection comparable to that of the EU cannot be guaranteed in third countries with inadequate data protection laws.
Please note that the USA, as a safe third country, generally offers a level of data protection comparable to that of the EU. Data transfers to the USA are therefore permitted if the recipient is certified under the EU-US Data Privacy Framework (DPF) or has appropriate additional safeguards in place. Information on transfers to third countries, including data recipients, can be found in this privacy policy.
Recipients of personal data
As part of our business activities, we collaborate with various external parties. This sometimes requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is necessary for the performance of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Article 6(1)(f) GDPR, or if another legal basis permits the data transfer. When using data processors, we only transfer our customers’ personal data on the basis of a valid data processing agreement. In the case of joint processing, a joint processing agreement is concluded.
Revocation of your consent to data processing
Many data processing operations are only possible with your explicit consent. You can revoke your consent at any time. The legality of data processing carried out before the revocation remains unaffected by the revocation.
Right to object to data processing in special cases and to direct marketing (Art. 21 GDPR)
If data processing is based on Article 6(1)(e) or (f) of the GDPR, you have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you; this also applies to profiling based on these provisions. The specific legal basis for each processing operation can be found in this privacy policy. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the purpose of establishing, exercising or defending legal claims (objection pursuant to Art. 21 para. 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 your personal data for such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object, your personal data will subsequently no longer be processed for direct marketing purposes (objection pursuant to Article 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, their place of work, or the place of the alleged infringement. This right to lodge a complaint is without prejudice to any other administrative or judicial remedy.
Right to data portability
You have the right to receive the data that we process automatically based on your consent or in fulfillment of a contract, either for yourself or for a third party, in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done if technically feasible.
Information, correction and deletion
Under applicable law, you have the right to request information, free of charge, about your stored personal data, its origin and recipients, and the purpose of the data processing, as well as the right to rectification or erasure of this data. You can contact us at any time with regard to this and any other questions concerning 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 restrict processing exists in the following cases:
- If you dispute the accuracy of your personal data stored with us, we generally need time to verify this. For the duration of the verification process, you have the right to request the restriction of the processing of 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 for the establishment, exercise or defense of legal claims, you have the right to request restriction of processing of your personal data instead of erasure.
- If you have objected to processing pursuant to Article 21(1) GDPR, a balancing of interests between your interests and ours must be carried out. Until it is determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.
If you have restricted the processing of your personal data, this data – apart from being stored – may only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.
SSL or TLS encryption
This site uses SSL/TLS encryption for security reasons and to protect the transmission of confidential information, such as orders or inquiries that you send to us as the site operator. You can recognize an encrypted connection by the fact that the browser’s address bar changes from “http://” to “https://” and by the lock symbol in your browser’s address bar.
When SSL or TLS encryption is enabled, the data you send to us cannot be read by third parties.
3. Data collection on this website
Cookies
Our website uses so-called “cookies.” Cookies are small data packets and do not harm your device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (persistent cookies). Session cookies are automatically deleted after you leave our website. Persistent cookies remain stored on your device until you delete them yourself or until they are automatically deleted by your web browser.
Cookies can originate from us (first-party cookies) or from third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies within websites (e.g., cookies for processing payment services).
Cookies serve 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 can be used to analyze user behavior or for advertising purposes.
Cookies that are necessary for carrying out electronic communication, for providing certain functions you have requested (e.g., for the shopping cart function), or for optimizing the website (e.g., cookies for measuring website traffic) (necessary cookies) are stored on the basis of Article 6(1)(f) GDPR, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies to ensure the technically flawless and optimized provision of its services. If consent to the storage of cookies and similar recognition technologies has been requested, processing is carried out exclusively on the basis of this consent (Article 6(1)(a) GDPR and Section 25(1) TTDSG); this consent can be revoked at any time.
You can configure your browser to notify you when cookies are set and to allow cookies only in individual cases, to accept cookies in certain cases or to generally reject them, and to automatically delete cookies when you close your browser. Disabling cookies may limit the functionality of this website.
You can find information about which cookies and services are used on this website in this privacy policy.
Borlabs Cookie Consent
Our website uses Borlabs Cookie’s consent technology to obtain your consent for storing certain cookies in your browser or for the use of specific technologies, and to document this in compliance with data protection regulations. The provider of this technology is Borlabs GmbH, Rübenkamp 32, 22305 Hamburg (hereinafter referred to as Borlabs).
When you visit our website, a Borlabs cookie is stored in your browser, which saves the consents you have given or the revocation of these consents. This data is not passed on to the provider of Borlabs Cookie.
The collected data will be stored until you request its deletion, delete the Borlabs cookie yourself, or the purpose for data storage ceases. Mandatory legal retention periods remain unaffected. Details on Borlabs Cookie’s data processing can be found at https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/.
The Borlabs Cookie consent technology is used to obtain the legally required consents for the use of cookies. The legal basis for this is Art. 6 para. 1 lit. c GDPR.
Consent with compliance
Our website uses Complianz’s consent technology to obtain your consent to the storage of certain cookies on your device or the use of certain technologies, and to document this in accordance with data protection regulations. The provider of this technology is Complianz B.V., Kalmarweg 14-5, 9723 JG Groningen, Netherlands (hereinafter referred to as “Complianz”).
Complianz is hosted on our servers, so no connection is established to the servers of the Complianz provider. Complianz stores a cookie in your browser to associate your given consents or their revocation with you. The data collected in this way is stored until you request its deletion, delete the Complianz cookie yourself, or the purpose for data storage no longer applies. Mandatory legal retention obligations remain unaffected.
Complianz is used to obtain the legally required consent for the use of cookies. The legal basis for this is Article 6(1)(c) GDPR.
Cotact form
If you send us inquiries via the contact form, your information from the inquiry form, including the contact details you provided, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We will not share this data without your consent.
The processing of this data is based on Article 6(1)(b) GDPR if your request is related to the performance of a contract or is necessary for taking steps prior to entering into a contract. In all other cases, processing is based on our legitimate interest in the effective handling of inquiries addressed to us (Article 6(1)(f) GDPR) or on your consent (Article 6(1)(a) GDPR), if such consent has been obtained; you may withdraw your consent at any time.
The data you enter in the contact form will remain with us until you request its deletion, revoke your consent to its storage, or the purpose for data storage no longer applies (e.g., after your inquiry has been processed). Mandatory legal provisions – in particular, retention periods – remain unaffected.
Inquiries via email, telephone or fax
When you contact us by email, telephone, or fax, your inquiry, including all resulting personal data (name, inquiry), will be stored and processed by us for the purpose of handling your request. We will not share this data without your consent.
The processing of this data is based on Article 6(1)(b) GDPR if your request is related to the performance of a contract or is necessary for taking steps prior to entering into a contract. In all other cases, processing is based on our legitimate interest in the effective handling of inquiries addressed to us (Article 6(1)(f) GDPR) or on your consent (Article 6(1)(a) GDPR), if such consent has been obtained; you may withdraw your consent at any time.
The data you send us via contact requests will remain with us until you request its deletion, revoke your consent to its storage, or the purpose for data storage no longer applies (e.g., after your request has been processed). Mandatory legal provisions – in particular, statutory retention periods – remain unaffected.
4. Plugins and Tools
Google Fonts (local hosting)
This website uses Google Fonts, provided by Google, for consistent font display. The Google Fonts are installed locally. No connection to Google servers is established.
You can find more information about Google Fonts at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=de.
5. eCommerce and payment providers
Processing of customer and contract data
We collect, process, and use personal customer and contract data to establish, define the content of, and modify our contractual relationships. We collect, process, and use personal data relating to the use of this website (usage data) only to the extent necessary to enable the user to access the service or for billing purposes. The legal basis for this is Article 6(1)(b) GDPR.
The collected customer data will be deleted after completion of the order or termination of the business relationship and expiry of any applicable statutory retention periods. Statutory retention periods remain unaffected.
6. Audio and video conferences
Data processing
We use online conferencing tools, among other methods, to communicate with our customers. The specific tools we use are listed below. When you communicate with us via video or audio conference over the internet, your personal data will be collected and processed by us and the provider of the respective conferencing tool.
The conference tools collect all data that you provide/use to access the tools (email address and/or your phone number). Furthermore, the conference tools process the duration of the conference, the start and end times of your participation, the number of participants, and other “contextual information” related to the communication process (metadata).
Furthermore, the tool provider processes all technical data necessary for handling online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or speaker, and the type of connection.
If content is exchanged, uploaded, or otherwise made available within the tool, it will also be stored on the tool provider’s servers. Such content includes, in particular, cloud recordings, chat/instant messages, voicemails, uploaded photos and videos, files, whiteboards, and other information shared during the use of the service.
Please note that we do not have full control over the data processing operations of the tools used. Our options are largely determined by the respective provider’s company policy. Further information on data processing by the conference tools can be found in the privacy policies of the respective tools, which we have listed below this text.
Purpose and legal basis
The conference tools are used to communicate with prospective or existing business partners or to offer certain services to our customers (Art. 6 para. 1 lit. b GDPR). Furthermore, the use of these tools serves to generally simplify and expedite communication with us or our company (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). Where consent has been requested, the use of the relevant tools is based on this consent; this consent can be revoked at any time with effect for the future.
Storage duration
The data we collect directly via video and conferencing tools will be deleted from our systems as soon as you request its deletion, withdraw your consent to its storage, or the purpose for data storage no longer applies. Stored cookies remain on your device until you delete them. Mandatory legal retention periods remain unaffected.
We have no control over how long your data is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.
Conference tools used
We use the following conference tools:
Zoom
We use Zoom. The provider of this service is Zoom Communications Inc., 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA. Details regarding data processing can be found in Zoom’s privacy policy: https://zoom.us/de-de/privacy.html.
Data transfers to the USA are based on the EU Commission’s Standard Contractual Clauses. Details can be found here: https://zoom.us/de-de/privacy.html.
Order processing
We have concluded a data processing agreement (DPA) for the use of the aforementioned service. This is a legally required contract under data protection law, which ensures that the service provider processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.
Microsoft Teams
We use Microsoft Teams. The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland. For details on data processing, please see the Microsoft Teams privacy policy: https://privacy.microsoft.com/de-de/privacystatement.
The company is certified under the EU-US Data Privacy Framework (DPF). The DPF is an agreement between the European Union and the USA designed to ensure compliance with European data protection standards for data processing in the USA. Every company certified under the DPF commits to adhering to these data protection standards. Further information is available from the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000KzNaAAK&status=Active
Order processing
We have concluded a data processing agreement (DPA) for the use of the aforementioned service. This is a legally required contract under data protection law, which ensures that the service provider processes the personal data of our website visitors only according to our instructions and in compliance with the GDPR.