Last update: 15.12.2020 | Please note that for all our legal information only the German version is legally binding.
Name and contact of the person responsible in accordance with Article 4.7 GDPR
Dr.-Ing. Sebastian Ahrndt, firstname.lastname@example.org
Birthy UG (haftungsbeschränkt)
Ruppiner Chaussee 49
Security and protection of your personal data
We consider it our primary responsibility to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. For this reason, we apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of Germany's Federal Data Protection Act (BDSG). We have taken technical and organisational measures to ensure that the regulations on data protection are observed both by us and by our external service providers.
Data protection officier
Responsible body within the meaning of the Federal Data Protection Act is:
Birthy UG (haftungsbeschränkt)
Ruppiner Chaussee 49
Berlin Commissioner for Data Protection and Freedom of Information
The legislator requires that personal data are processed lawfully, fairly and in a way that is comprehensible to the data subject ("lawfulness, fairness, transparency"). To ensure this, we inform you about the individual legal definitions which are also used in this data protection declaration:
1. Personal Data
„Personal Data“ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
„Processing“ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. Restriction of Processing
„Restriction of Processing“ means the marking of stored personal data with the aim of limiting their processing in the future.
„Profiling“ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
„Pseudonymisation“ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
6. Filing system
„Filing system“ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
„Controller“ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
„Processor“ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
„Recipient“ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10. Third party
„Third party“ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
"Consent" of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
Lawfulness of processing
The processing of personal data is lawful only if there is a legal basis for the processing. Pursuant to Article 6 (1) lit. a - f GDPR, the legal basis for processing may be in particular:
- The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
- Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
- Processing is necessary for compliance with a legal obligation to which the controller is subject.
- Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Information on the collection of personal data
- In the following we inform about the collection of personal data when using our website and/or our app. Personal data are, for example, name, address, e-mail addresses, user behaviour.
- If you contact us by e-mail or via a contact form, the data you provide (your e-mail address, your name and telephone number if applicable) will be stored by us to answer your questions. We delete the data collected in this context after storage is no longer necessary, or processing is restricted if there are legal obligations to retain data.
Collection of personal data when visiting our website
If you use the website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser sends to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website and to ensure stability and security (legal basis is Art. 6.1 (f) GDPR):
- Timestamp of your request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (the concrete site)
- HTTP status code
- Amount of data transmitted
- Operating system
- Language and version of browser
Collection of personal data when using our App
The protection of your personal data is very important to Birthy. Birthy pays particular importance to ensure that your privacy is always protected when using the Emily App. For this reason, compliance with the legal provisions on data protection is a matter of course for us. Furthermore, it is important for us that you know at all times whether or when we store which data and how we use it.
We use the third-party solution Google Firebase to obtain basic anonymized statistical data and information about possible crashes that occur while using the app. Accordingly, we assert our legitimate interest pursuant to Art. 6 para. p. 1 lit. f GDPR. The data collected does not allow us to draw conclusions about individual persons, nor do we make any efforts to personalize the data subsequently. They are only used for the basic statistical recording of user behaviour and the collection of error reports. Further information on data protection in connection with Google Firebase can be found at: https://www.firebase.com/terms/privacy-policy.html. In the settings you have the possibility to contradict or agree to the collection of usage data and error reports at any time. A collection will only take place if you have given your active consent.
All other data is only collected within the app if you voluntarily enter it. This data is only collected within the app, only stored on your mobile device and not passed on to third parties.
In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard disk, assigned to the browser you are using, and through which certain information flows to the site that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer. They serve to make the Internet offer as a whole more user-friendly and effective.
This website uses the following types of cookies, the scope and function of which are explained below:
- Transient cookies are automatically deleted when you close the browser. This includes in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the shared session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
- Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
You can configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. So-called "third party cookies" are cookies that were set by a third party and therefore not by the actual website on which you are currently located. Please note that by disabling cookies you may not be able to use all the features of this website.
Further functions and offers of our website
In addition to the purely informative use of our website, we offer various services which you can use if you are interested. To do so, you will usually have to provide additional personal data which we use to provide the respective service and to which the aforementioned data processing principles apply.
In some cases we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.
Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, conclusion of contracts or similar services together with partners. You will receive more detailed information on this when you provide your personal data or in the description of the offer below.
If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this in the description of the offer.
Our offer is principally directed at adults. Persons under 18 years of age should not transmit any personal data to us without the consent of their parents or legal guardians. Our service is not aimed at persons under 13 years of age. We do not knowingly collect personal data from children under 13 years of age. If we discover that a child under the age of 13 has provided us with personal information, we will delete it immediately. If you are a parent or guardian and you know that your child has provided us with personal information, please contact us so that we can take the necessary action.
Rights of the data subject
You have the following rights, which you can exercise free of charge:
Access to your data (Art. 15 GDPR)
If personal data is processed, you can request information about these personal data and about the following information at any time:
- the processing purposes;
- the categories of personal data that will be processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- if possible, the envisaged duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration;
- the existence of a right to have personal data concerning you rectified or erased or to have the processing limited by the controller or to object to such processing;
- the existence of a right of appeal to a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to the source of the data;
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject.
Where personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards in accordance with Article 46 GDPR in relation to the transfer. We shall provide a copy of the personal data which are the subject of the processing. For any further copies you request, we may charge a reasonable fee based on the administrative costs. If you submit the application electronically, the information must be made available in a common electronic format, unless otherwise stated.
Right to rectification (Art. 16 GDPR)
You have the right to demand from us immediately the correction of incorrect personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.
Right to cancellation (‘right to be forgotten’) (Art. 17 GDPR)
You have the right to ask the data controller to delete personal data about you immediately and we are obligated to delete personal data immediately if any of the following reasons apply:
- Personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- The data subject shall revoke the consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Article 21(1) DSGVO and there are no overriding legitimate reasons for the processing or the data subject objects to the processing pursuant to Article 21(2) DSGVO.
- The personal data have been processed unlawfully.
- The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
- The personal data have been collected in relation to information society services offered pursuant to Article 8(1) DSGVO.
Where the controller has made the personal data public and is obliged to delete them in accordance with paragraph 1, he shall take reasonable measures, including technical measures, taking into account available technology and implementation costs, to inform data controllers processing the personal data that a data subject has requested them to delete all links to those personal data or copies or replications of those personal data.
The right to cancellation ("right to be forgotten") does not exist insofar as the processing is necessary:
- the exercise of freedom of expression and information;
- to fulfil a legal obligation which the processing requires under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
- on grounds of public interest in the field of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) of the GDPR;
- for archival, scientific or historical research purposes in the public interest or for statistical purposes in accordance with Article 89(1) of the GDPR, where the law referred to in paragraph 1 is likely to render impossible or seriously prejudicial the attainment of the objectives of such processing, or
- to assert, exercise or defend legal claims.
Right to limitation of processing (Art. 18 GDPR)
You have the right to demand that we restrict the processing of your personal data if one of the following conditions is met:
- the accuracy of the personal data is disputed by the data subject for a period of time which allows the data controller to verify the accuracy of the personal data,
- the processing is unlawful and the data subject refuses to erase the personal data and instead requests the restriction of the use of the personal data;
- the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the assertion, exercise or defence of legal rights, or
- the data subject has objected to the processing pursuant to Article 21(1) GDPR until it is established whether the controller's legitimate reasons outweigh those of the data subject.
Where processing has been restricted in accordance with the above conditions, such personal data shall not be processed, except with the consent of the data subject or for the exercise or defence of legal rights or the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State, except where the data are stored. In order to exercise the right to limit the processing, the data subject may at any time contact us at the above contact details.
Right to data portability (Art. 20 GDPR)
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and you have the right to transfer such data to another controller without interference from the controller to whom the personal data has been provided, provided that:
- the processing is based on a consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR, and
- processing is carried out using automated procedures.
In exercising the right to data transfer as provided for in paragraph 1, you have the right to obtain that the personal data be transferred directly from one data controller to another data controller, to the extent that this is technically feasible. The exercise of the right to data transfer does not affect the right to cancellation ("right to be forgotten"). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right to object (Art. 21 GDPR)
You have the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you carried out pursuant to Article 6(1)(e) or (f) of the GDPR, including profiling based on these provisions. The controller will no longer process the personal data unless he can prove compelling legitimate reasons for the processing outweighing the interests, rights and freedoms of the data subject or the processing is for the assertion, exercise or defence of legal claims.
If personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling in so far as it is connected with such direct marketing. If you object to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
Notwithstanding Directive 2002/58/EC, you may exercise your right to object in relation to the use of information society services by means of automated procedures using technical specifications.
You have the right to object to the processing of your personal data concerning you for the purposes of scientific or historical research or for statistical purposes as referred to in Article 89(1) for reasons connected with your particular situation, unless such processing is necessary for the performance of a task in the public interest.
You may exercise your right to object at any time by contacting the controller concerned.
Not to be subject to automated individual decision-making (Art. 22 GDPR)
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This does not apply if the decision:
- is necessary for the conclusion or performance of a contract between the data subject and the person responsible,
- is authorised by legislation of the Union or of the Member States to which the person responsible is subject and that legislation contains adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or
- with the express consent of the data subject.
The controller shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to have the data subject intervene, to present his or her views and to contest the decision.
The data subject may exercise this right at any time by contacting the person responsible.
How can you exercise your rights?
If you wish to exercise your rights, you can contact us at any time via the contact details below, or by sending us a letter with your name, address and telephone number. We will respond to your request within one month. We ask you to identify yourself using a valid identity document. This allows us to verify whether we provide the data to the correct person.Excessive requests regarding the provision of information can be rejected by us. Requests are considered excessive when made more frequently than what is usual or necessary.