Privacy Policy for the Workist Website
The protection of your personal data is important to us. With this privacy policy we would like to explain to you in more detail what personal data we collect when you use the Workist website at https://workist.com and for what purpose the data is used.
1. Controller and Contract
Workist GmbH
Linienstraße 126
10115 Berlin
represented by the managing directors Tim Wegner and Alexander Müller
(hereinafter referred to as “Workist” or “we”)
If you have any questions or suggestions on the subject of data protection, you are welcome to contact us by e-mail at the following address: privacy@workist.com
You can contact our data protection officer at the following e-mail address: privacy@workist.com and for what purpose the data is used.
2. Subject Matter and Data Protection
The subject of data protection is personal data. According to Art. 4 No. 1 GDPR (General Data Protection Regulation), personal data is any information about an identified or identifiable natural person; this includes, for example, the name or identification numbers.
3. Automated Data Collection
When you access our website, your end device automatically transfers data for technical reasons. The following data is stored separately from other data that you may transmit to us:
– IP address (shortened by one octet)
– URL of the requested page
– date and time
We store this data for statistical analysis with the aim of optimizing the website and our offer.
Your shortened IP address is only stored for a period of 90 days.
4. Cookies
We store so-called cookies in order to offer certain functions of our website and to optimise the use of our website. Cookies are small files that are stored on your end device with the help of your internet browser.
Specifically, we use the following cookies (unless other cookies are specified elsewhere in this privacy policy):
– Session cookies: These cookies are required to store certain technical data during your visit to our website, e.g. to determine whether you have logged in.
– Login cookies: These cookies are needed to store your login beyond a session if you wish to do so.
– Consent cookie: This cookie saves your cookie settings for one year.
The legal basis for the use of these cookies is Sec. 15 (1) of the German Telemedia Act or Art. 6 (1) (b) GDPR, insofar as these are necessary for the use of our website and the functions you have called up. Otherwise, we use cookies on the basis of the consent you have given us, Art. 6 (1) (a) GDPR.
5. Registration for our Platform
On the Workist website you can register to use our AI-supported process automation platform (Software-as-a-Service solution). For this purpose you have to provide the following mandatory information:
– First and last name
– E-mail address
– Password
Your registration data is required to set up and manage an account for you and to enable you to use our platform, Art. 6 (1) (b) GDPR. In order to set up this account, you must provide us with this data. However, you are under no contractual or legal obligation to provide the data.
Further details on the use of your data when using our platform can be found in our separate data protection declaration at workist.com/en/terms-of-use.
6. Enquiries
You have the possibility to send us enquiries via the contact form or by e-mail at privacy@workist.com. In order to be able to process your enquiries via the contact form, we require some mandatory information (name, company, e-mail address, date for contacting you, content of the enquiry). If you send us enquiries, we will store and use your details to process the enquiry.
We store enquiries about agreements or of potential legal relevance during the general period of limitation, i.e. three years from the end of the year in which we received your enquiries. We store all other enquiries for a period of 24 months. After this period, your enquiries will be deleted unless we are obliged by law to retain them for a longer period.
The data is stored on the basis of our legitimate interest, the proper documentation of our business operations and the safeguarding of our legal positions (Art. 6 (1) (f) GDPR). In the case of enquiries concerning agreements, data is stored for the purpose of initiating and fulfilling the respective contractual relationship (Art. 6 (1) (b) GDPR) and, where applicable, for the fulfilment of legal obligations (Art. 6 (1) (c) GDPR).
For the contact form, we use the service Typeform of TYPEFORM S.L., Carrer Bac de Roda 163, 08018 Barcelona, Spain as a data processor in the sense of Art. 28 GDPR.
7. Newsletter
On our website you have the possibility to register for our newsletter. With our newsletter we would like to provide you with information as individualised as possible about our services. By registering for our newsletter, you therefore agree that we may use your e-mail address to send the newsletter and the data we have stored with your e-mail address to individualise the newsletter. For these purposes, we will analyse your reading and usage behaviour when using the newsletter and our website and use cookies for this purpose. The legal basis for this data processing is Art. 6 (1) (a) GDPR. You can withdraw your consent at any time by unsubscribing from our newsletter. You can use the unsubscribe link contained in every e-mail for this purpose.
To verify your e-mail address, you will first receive a registration e-mail, which you must confirm via a link (double opt-in). When you register for the newsletter, we save the IP address as well as the date and time of registration. The processing of this data is necessary in order to prove that you have given your consent. The legal basis results from our legal obligation to be able to prove your consent (Art. 6 (1) (c) in conjunction with Art. 7 (1) GDPR).
For the distribution of our newsletter and the individualisation of contents we use the services of the provider Mailchimp, based in the USA (“Mailchimp”). There is no adequacy decision by the EU Commission for the USA. Therefore, we have concluded with Mailchimp the standard data protection clauses approved by the EU Commission in accordance with Art. 46 (2) (c) GDPR with Mailchimp.
8. Google Analytics
If you agree, we will use Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Pkwy Mountain View, California 94043, USA (“Google”). There is no adequacy decision by the EU Commission for the USA. Therefore, we have concluded with Google the standard data protection clauses approved by the EU Commission in accordance with Art. 46 (2) c GDPR.
Google Analytics collects pseudonymous data about the use of our website including your shortened IP address and uses cookies. This data is transferred to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and generating other analyses and reports relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
Your data will be stored by Google Analytics for a period of 14 months. After this period, the data will be deleted and only aggregated statistics will be kept.
The use of Google Analytics is based on your consent (Art. 6 (1) (a) GDPR).
You can withdraw your consent at any time and deactivate Google Analytics using a browser add-on. You can download this here: http://tools.google.com/dlpage/gaoptout?hl=en. Alternatively you can withdraw your consent by clicking here.
Google Analytics
You can also withdraw your consent via our Cookie Consent Manager. This does not affect the lawfulness of the processing that took place before your withdrawal.
9. Matomo
We use Matomo, an open source software for statistical analysis of the number of visitors. The usage information recorded by Matomo (including your shortened IP address) is transferred to our server and stored for usage analysis and product optimisation purposes. Your IP address is immediately shortened during this process so that you are not identifiable to us as a user. The pseudonymous data we store about the use of this website will not be passed on to third parties.
If you do not agree with the storage and evaluation of this data from your visit, you can object to the storage and use of this data at any time by clicking here.
In this case a so-called Opt-Out Cookie is stored in your browser, so that Matomo does not collect any session data. Please be aware that if you delete your cookies, the Opt-Out Cookie will also be deleted and may have to be reactivated by you.
The use of Matomo is based on our legitimate interest in a demand-based design, the statistical evaluation as well as the efficient promotion of our website and the fact that your legitimate interests do not prevail, Art. 6 (1) (f) GDPR.
10. Third party content
We have also included third party content on our website. This content is loaded from the servers of the respective providers so that your end device transmits certain necessary technical data to the third party provider. In particular, it cannot be excluded that these providers may take note of the IP address assigned to you. Insofar as personal data is processed in this process, this is done on the basis of the privacy policies of the respective third party providers. The integration by us is based on our legitimate interests in being able to provide our users with the relevant content and functionalities and to be able to operate our website efficiently, as well as the fact that your legitimate interests do not prevail, Art. 6 (1) (f) GDPR. In detail, we include the following third party content:
10.1. We use Google Fonts, a service provided by Google LLC, 1600 Amphitheatre Pkwy Mountain View, California 94043, USA (“Google”) for font embedding. We do not transmit any personal data to Google in this process. Google does not use cookies either. However, for technical reasons your browser will transmit your IP address to Google.Google’s privacy policy can be found here: https://policies.google.com/privacy?hl=en, further information on data processing with Google Fonts can be found here: https://developers.google.com/fonts/faq. There is no adequacy decision by the EU Commission for the USA. Therefore, we have concluded with Google the standard data protection clauses approved by the EU Commission in accordance with Art. 46 (2) c GDPR.
10.2. We use YouTube videos. YouTube is a service provided by Google LLC, 1600 Amphitheatre Pkwy Mountain View, California 94043, USA, to EU users provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google’s privacy policy can be found here: https://policies.google.com/privacy?hl=en. There is no adequacy decision by the EU Commission for the USA. Therefore, we have concluded with Google the standard data protection clauses approved by the EU Commission in accordance with Art. 46 (2) c GDPR.
11. Marketing and Re-Marketing Services
11.1 Google Remarketing and Personalisation of Advertising in the Google Network
If you have consented, we use the remarketing services described below provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Please note that this may also involve data processing by Google LLC based in the USA. There is no adequacy decision by the EU Commission for the USA. Therefore, we have concluded with Google the standard data protection clauses approved by the EU Commission in accordance with Art. 46 (2) c GDPR.
Google uses cookies to record your usage behaviour on our website in order to show you interest-based advertising for our products on other pages within the Google advertising network across devices. This includes Google Search and other sites operated by Google and its subsidiaries, as well as sites of Google’s advertising partners. The information is accordingly transmitted to Google and Google’s partners. Further processing of data will only take place if you have consented to Google linking your browsing history to your Google Account and using information from your Google Account to personalise the ads you see on the web. In this case, if you are logged in to Google while visiting our website, Google will use your data together with Google Analytics data to create and define target audience lists for cross-device remarketing. For this purpose, your personal data is temporarily linked by Google with Google Analytics data to form target groups.
The use of these services is based on your consent (Art. 6 (1) (a) GDPR). You can withdraw your consent via our Cookie Consent Manager. This does not affect the lawfulness of the processing that took place before your withdrawal. Otherwise the remarketing cookie is automatically deleted after 90 days.
Basic information on the processing of your personal data by Google can be found here: https://policies.google.com/privacy?hl=en. You also have the following options on Google:
– You can deactivate personalised advertising from Google: www.google.com/ads/preferences
– You can disable personalised advertising based on the device: (https://support.google.com/ads/answer/1660762#mob)
– You can deactivate personalised advertising browser-based: (http://optout.networkadvertising.org/?c=1)
11.2 Microsoft Ads
If you have consented, we will use Microsoft Ads, a service provided by Microsoft Ireland Operations, Ltd, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland (“Microsoft”). Please note that this may also involve data processing by Microsoft Inc. based in the USA. There is no adequacy decision for the USA by the EU Commission. In this case, Microsoft will use the standard data protection clauses approved by the EU Commission, which constitute an appropriate guarantee within the meaning of Art. 46 (2) (c) GDPR for transfers to third countries.
Microsoft uses cookies to record your usage behaviour on our website in order to show you interest-based advertising for our products on other sites within the Microsoft advertising network across devices. This includes Bing search and other sites operated by Microsoft and its subsidiaries and sites of Microsoft’s advertising partners. The information is shared accordingly with Microsoft and Microsoft’s partners. Further processing of data will only take place if you have consented to Microsoft linking your browsing history to your Microsoft account and using information from your Microsoft account to personalise the ads you see on the web. In this case, if you are logged in to Microsoft while visiting our website, Microsoft will use your data to create and define target audience lists for cross-device remarketing.
The use of these services is based on your consent (Art. 6 (1) (a) GDPR).
You can withdraw your consent via our Cookie Consent Manager. This does not affect the lawfulness of the processing that took before your withdrawal. Otherwise the remarketing cookie is automatically deleted after 90 days. Basic information on the processing of your personal data by Microsoft can be found here: https://privacy.microsoft.com/en-us/privacystatement
11.3. LinkedIn Marketing Solutions (formerly LinkedIn Ads)
If you have consented, we use LinkedIn Marketing Solutions, a service provided by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (“LinkedIn”). Please note that this may also involve data processing by LinkedIn Inc. based in the USA. There is no adequacy decision by the EU Commission for the USA. In this case LinkedIn will use the standard data protection clauses approved by the EU Commission, which constitute a suitable guarantee within the meaning of Art. 46 (2) (c) GDPR for transfers to third countries.
For this purposes, either cookies or cookie-like technologies such as pixels or ad tags are used on our website. These technologies record when you perform certain actions on our website or visit certain areas of our website. In addition, usage data (such as URL, referrer URL, IP address, device and browser characteristics and time stamps) are also recorded. The pixel generates a checksum (hash value) from this information and sends this hash value to LinkedIn. If available, the LinkedIn cookie is also contacted and your LinkedIn ID is transmitted. If you have a LinkedIn profile and log in on this profile, the data transmitted by the technologies can be used to present you with targeted, individualised advertising on LinkedIn. Data from users who do not have a LinkedIn profile will be discarded by LinkedIn unused.
We use LinkedIn Marketing Solutions on the basis of your consent (Art. 6 (1) (a) GDPR). You can withdraw your consent at any time via our Cookie Consent Manager. This does not affect the lawfulness of the processing that took place before your withdrawal. Basic information on the processing of your personal data by LinkedIn can be found here: https://www.linkedin.com/legal/privacy-policy
11.3 LinkedIn Matched Audiences
If you have consented, we will use the so-called LinkedIn Insight Tag to create Matched Audiences. This involves sending information about your use of this website (e.g., products you have viewed, unique ID numbers that can distinguish you from other users) to LinkedIn so that we can create target audiences on LinkedIn and target them with advertising. This may enable LinkedIn to identify you across multiple websites.
The use of this service is subject to your consent (Art. 6 (1) (a) GDPR). You can withdraw your consent at any time, e.g. via our Cookie Consent Tool, or or by adjusting your advertising settings as a LinkedIn user in your account via “Data privacy” and “Manage cookie preferences”.
11.3.2 LinkedIn Lead Gen Forms
We also use LinkedIn Lead Gen Forms. These are advertisements on LinkedIn where you have the possibility to send us information such as registrations or contact requests via a form. LinkedIn fills out these forms with your LinkedIn profile information so that you can submit your information to us with only a few clicks. Information submitted in this way is subject to Section 6 of this Privacy Policy. We keep the leads at LinkedIn for a period of 90 days.
When you open the form or send us information via the form – and if you have consented – we can also use this information to create target audiences through LinkedIn Matched Audiences, which we can then target with advertising on LinkedIn.
The processing of your data that you submit to us via LinkedIn Lead Gen Forms is carried out for the corresponding purpose for which the Lead Gen Form was published, e.g. to send general enquiries to us or to participate in events (Art. 6 (1) (b) GDPR) or to receive promotional messages from us (Art. 6 (1) (a) GDPR).
You can revoke your eventual consent at any time by deleting the data transmitted to us in your LinkedIn settings under “Data privacy” and “Manage your data and activity”.
12. Web Host
We operate our website on servers of our web host Digital Ocean LLC, 101 Avenue of the Americas, 10th Floor, New York, NY 10013 USA, (“Digital Ocean”), which processes personal data on our behalf. The processing is in principle carried out within the European Union, but also in the USA. There is no adequacy decision by the EU Commission for the USA. Therefore, we have concluded with Digital Ocean the standard data protection clauses approved by the EU Commission in accordance with Art. 46 (2) c GDPR.
13. Disclosure of Data
In principle, your personal data will only be passed on without your express prior consent in the following cases:
– If it is necessary for the clarification of an illegal use of our services or for legal proceedings, personal data will be forwarded to the prosecution authorities as well as to injured third parties if applicable. However, this only happens if there are concrete indications of illegal or abusive behaviour. Data may also be passed on if this serves to enforce terms of use or other agreements. We are also legally obliged to provide information to certain public authorities on request. These are criminal prosecution authorities, authorities that pursue administrative offences for which fines have been imposed and the tax authorities.
This data is passed on the basis of our legitimate interest in combating abuse, prosecuting criminal offences and securing, asserting and enforcing claims and that your rights and interests in the protection of your personal data do not prevail, Art. 6 (1) (f) GDPR, or due to a legal obligation under Art. 6 (1) (c) GDPR.
– We pass on personal data to auditors, accounting service providers, lawyers, banks, tax advisors and similar bodies to the extent that this is necessary for the provision of our services (Art. 6 (1) (b) GDPR) or the proper conduct of business (Art. 6 (1) (f) GDPR) or if we are obliged to do so (Art. 6 (1) (c) GDPR).
– We rely on contractually affiliated third party companies and external service providers (“processors”) to provide our services. In such cases, personal data will be passed on to these processors to enable them to further process the data. These processors are carefully selected and regularly reviewed by us to ensure that your rights and freedoms are respected. The processors may use the data exclusively for the purposes specified by us and are furthermore contractually obliged by us to treat your data exclusively in accordance with this privacy policy and the German data protection laws.
We provide data to processors on the basis of Art. 28 (1) GDPR. In the event that personal data is transferred to a data processor outside the EU and there is no adequacy decision, we ensure the proper processing of data by taking measures as set out in Art. 46 et seq. GDPR. For further information, please contact us at the e-mail address given above
– In the course of the further development of our business, the structure of Workist GmbH may change due to a change in legal form, foundation, acquisition or sale of subsidiaries, parts of companies or components. In such transactions, customer information is shared with the part of the company to be transferred. Whenever personal data is shared with third parties to the extent described above, we ensure that this is done in accordance with this privacy policy and the relevant data protection laws.
The disclosure of personal data is justified by the fact that we have a legitimate interest in adapting our corporate form to the economic and legal circumstances and that your rights and interests in the protection of your personal data do not prevail, Art. 6 (1) (f) GDPR.
14. Automated Individual Decision or Measures for Profiling
We do not use any automated processing to make a decision that affects you or for profiling purposes.
15. Deletion of Your Data
Unless otherwise stated, we will delete or anonymize your personal data as soon as it is no longer required for the purposes for which we have collected or used it in accordance with the above paragraphs. As a rule, we store your personal data for the duration of the usage or contractual relationship of the platform, as well as for a period of 4 weeks, during which we store backup copies after the end of the agreement. We also continue to store your data if we are obliged to do so for legal reasons or if the data is required for a longer period for criminal prosecution or for securing, asserting or enforcing legal claims.
In so far as data must be stored for legal reasons, the processing is restricted. The data is then no longer available for further use.
Storage beyond the scope of the contractual relationship is based on our aforementioned legitimate interests pursuant to Art. 6 (1) (f) GDPR.
16. Your rights as a data subject
As a person affected by the processing of personal data, you have a right of access to the data processed, a right to rectify your personal data, a right to erasure of your personal data, a right to restrict the processing of your personal data and a right to data portability.
In addition, you have the right to object at any time, for reasons relating to your particular situation, to the processing of your personal data if the data processing is based on Art. 6 (1) (e) or (f) GDPR (including profiling) or if data is processed for direct marketing purposes.
In the case of consent, you have the right to withdraw your consent at any time, Art. 7 (3) 1 GDPR. You can do this by sending a message to privacy@workist.com. The lawfulness of the processing carried out before your withdrawal is not affected by this.
You also have the right to lodge a complaint with a regulatory body.
Finally, we would like to point out that we process the personal data provided by you when exercising your rights according to Art. 15 to 22 GDPR for the purpose of granting you your rights and to be able to provide proof of this. This processing is based on the legal basis of Art. 6 (1) (c) GDPR.
17. Changes to the Data Policy
The current version of this privacy policy is always available at workist.com/en/privacy-policy.
Status: 8. Januar 2021