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Privacy Policy

The OpenCraft GmbH (“we”) operates the website OpenCraft.com (the “Site”), accessible at http://opencraft.com and https://console.opencraft.com/.

This privacy policy informs you on the personal data we collect when you visit our Site and how we process it. With this privacy policy, we also fulfil our obligation to inform you pursuant to Art. 13 GDPR.

Identity of the controller and contact details of our Data Protection Officer

The controller is

OpenCraft GmbH
c/o Dr. Jan Timmann
Jerusalemer Str. 14
10117 Berlin
Germany

contact@opencraft.com

You can contact our Data Protection Officer under the address mentioned above or via email to Xavier Antoviaque <privacy@opencraft.com>.

Purposes of processing, its legal basis and the period for which the data will be stored

  1. General use of the Site
    Generally, we do not store personal data while you use our Site with the exception that our webserver registers all connections to the Site automatically and collects the following technical information about your visit:
    • Your IP address;
    • the name of the files accessed;
    • information about the transmission;
    • date and time of the connection;
    • the amount of data transmitted;
    • the referrer; and
    • the web browser/user agent.We process this data to allow your device to establish a connection to our webserver over the Internet. This purpose also constitutes our legitimate interest (Art. 6 par. 1 lit. f) GDPR).Afterwards the IP address is anonymized and the remaining data is stored in log files.
  2. Registering for a self-service instance
    On our Site, you can register for an instant, self-service instance. To provide you with such instance, we collect the following information:
    • Domain name
    • Instance name
    • Your full name
    • Email address
    • Public email address
    • User name
    • PasswordWe process this information to provide you with our services and for the performance of our contract with you (Art. 6 par. 1 lit. b) GDPR). We retain such data until termination of contract and for three more years for the establishment, exercise or defence of legal claims.Moreover, we are legally obliged to retain certain documents relevant for tax and accounting reasons pursuant to Sec. 147 AO (tax code, Abgabenordnung) and Sec. 257 HGB (Commercial Code, Handelsgesetzbuch):
    • We are obliged to retain trading books, inventories, opening balances, annual financial statements, status reports and all information or instructions necessary for understanding such documents as well as accounting records for a period of 10 years (retention period beginning with the end of the year in which the respective document was created).
    • Additionally, we are obliged to retain commercial letters send or received and other documents relevant for tax reasons for 6 years (retention period beginning with the end of the year in which the respective document was created or the letter received).
    • Any personal data contained in such documents will be retained and processed for the same period. Legal basis for such processing is Art. 6 par. 1 lit. c) GDPR.
  3. Contact
    You can contact us either by filling out a form on our Site or by writing an email. In both cases, we will process all personal data you provide us with in order to answer your request. This may include especially your name, email address, subject of your message and the message itself. We will retain your messages as long as we communicate actively. Afterwards, we will store it for three more years in case you contact us again.All processing for such purposes is based on Art. 6 par. 1 lit. f) GDPR. The aforementioned purposes constitute our legitimate interests we pursue with them.

Recipients and transfers to third countries

Internally, the relevant employees process your data. Externally, we use IT service providers in order to present you our Site and all its functions. If not stated otherwise in this privacy policy, we do not transfer personal data to third countries.

Rights of the data subject

If the respective requirements are met, the GDPR grants you certain rights as a data subject.

Art. 15 GDPR – Right of access: You shall have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and certain information.

Art. 16 GDPR – Right to rectification: You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Art. 17 GDPR – Right to erasure: You shall have the right to obtain from us the erasure of personal data concerning you without undue delay.

Art. 18 GDPR – Right to restriction of processing: You shall have the right to obtain from us the restriction of processing.

Art. 20 GDPR – Right to data portability: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you shall have the right to transmit those data to another controller without hindrance from us. You shall also have the right to have the personal data transmitted directly from us to another controller, where technically feasible.

Art. 21 GDPR – Right to object: You shall have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, which is based on legitimate interests or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

In such case, we shall no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms or where the processing is necessary for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, you shall have the right to object at any time for such marketing, which includes profiling to the extent that it is related to such direct marketing.

Art. 77 GDPR – Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

Right to withdraw your consent: Where the processing is based on your informed consent, you shall have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. Therefore, you may send us a message to contact@opencraft.com.

Obligation to provide us with personal data

You have no statutory or contractual obligation to provide us with any personal data. However, we may not be able to provide you with our services if you decide not to do so.

Existence of automated individual decision-making, including profiling

We do not use automated individual decision-making, including profiling pursuant to Art. 22 GDPR, which produces legal effects concerning you or similarly significantly affects you.

Internet specific processing or use of personal data

Cookies

For providing you the services of the Site we may use cookies. Cookies are small text files, which are transferred from the Site and stored on your device. Cookies cannot execute programs or infect your device with computer viruses. Some cookies are stored only for your current browser session and will be deleted once you close your browser. Other cookies may be stored on your device for a certain period. You can obtain more information on how long specific cookies are stored within your end device’s or browser software’s settings. We use cookies for different purposes. One purpose is to provide you with the functionality of our Site. Another purpose is analyzing your usage of our Site. These cookies are not strictly necessary for our Site to work properly, however, they give us new insights on how to improve our services.

Typically, cookies do not contain personal data. However, if that may be the case in certain situation, the processing of such data has its legal ground in Art. 6 par. 1 lit. f) GDPR. The aforementioned purposes also constitutes the legitimate interests we pursue with them.

If you wish to prevent us from storing cookies on your device, your web browser or device may provide you with settings to do so. You may find an instruction on how to change your settings in the help section of your browser or device. The respective settings only apply to the device you are currently using. If you use another device, change your web browser or reinstall your browser you may have to change the respective settings again. Please, be aware that not accepting cookies may lead to you not being able to use the Site and all its functions.

Berlin, August 2018