Date: 26.06.2023

knowing01 GmbH, Am Stadtpark 66, 81243 München, hello@knowing01.com, DE-330020123

Data Privacy Declaration

Preamble

We are very delighted that you have shown interest in knowing01 GmbH (hereafter “knowing⁰¹”). Data protection is of a particularly high priority for the management of knowing⁰¹.

By means of this data protection declaration, knowing⁰¹ would like to inform the general public of the nature, scope, and purpose of the personal data we collect from visitors of the website www.knowing01.com (hereafter “website”), as well as how we use and process this data. Furthermore, data subjects (c.f. Definitions) are informed, by means of this data privacy declaration, of the rights to which they are entitled. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with other data protection regulations applicable to knowing⁰¹.

As the controller, knowing⁰¹ has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.

1. Definitions

The data protection declaration of knowing⁰¹ is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

Personal data: Personal data means any information relating to an identified or identifiable natural person (“data subject”) – the individual. 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.

Data subject: Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing

Processing: Processing is 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.

Controller: Controller or controller responsible for the processing is 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.

Third party: Third party is 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: Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which the individual, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to this individual.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Registry court: Amtsgericht München
Register number: HRB 255321
Authorized representative/Managing director: Dr. Nikola Müller

3. Collection and Storage of Personal Data and its Use

When visiting the website

For basic web analytics, we are using the open source self-hosted software matomo. We adapted the settings such that only anonymised data are collected and no cookies are set following their guidelines. Hence, we do not require your consent for using this website according to GDPR rules and regulations. You may always opt-out entirely by un-checking the checkbox below.

The website of knowing⁰¹ collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be:

• the browser types and versions used
• the operating system used by the accessing system
• the website from which an accessing system reaches our website (so-called referrers)
• the sub-websites
• the date and time of access to the Internet site
• an anonymized Internet protocol address (IP address)
• the Internet service provider of the accessing system
• any other similar data and information that may be used in the event of attacks on our information technology systems.

The above information is stored and processed for the purposes of

• delivering the content of our website correctly
• optimizing the content of our website as well as its advertisement
• ensuring the long-term viability of our information technology systems and website technology
• providing law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.

The processing of the data is based on Art. 6(1) lit. f GDPR. The legitimate interest of knowing⁰¹ is implied by the processing purposes described above. When using these general data and information, knowing⁰¹ does not draw any conclusions about the data subject. The data, as the website content is hosted with Netlify Inc., with further information around this relationship provided under section 4 of this statement.

When subscribing to our newsletter

On the website of knowing⁰¹, users are given the opportunity to subscribe to knowing⁰¹’s newsletter using a contact form. The input mask used for this purpose determines what personal data are transmitted, with only the E-mail-address being mandatory for receipt of the newsletter.

knowing⁰¹ informs the subscribers on a non-regular basis by means of a newsletter about product news, enterprise offers or client success stories.

The processing of the data is based on Art. 6 (1) lit. a GDPR with the consent given as part of the subscription form. Unsubscribing from the newsletter is possible at any point in time, for example through the link provided at the end of each newsletter issue. Alternatively, users can unsubscribe at any time by sending a corresponding email to privacy@knowing01.com. The data submitted in the subscription form as well as the consent information is stored with Netlify Inc., as well as transferred and used in applications with Salesforce.

Further information around the relationship with Netlify Inc. and Salesforce is provided under section 4 of this statement.

When contacting us via web forms or the general email address

The website of knowing⁰¹ contains information that enables a quick electronic contact to knowing⁰¹ using either contact forms or a general email address. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. The minimal information transmitted in any case is the email address of the data subject. Some forms additionally require the affiliation with a company or organization.

Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject.

The processing of data submitted via web forms is based on Art. 6 (1) lit. a GDPR. All information submitted via any of the web forms is stored with Netlify Inc.

The processing of data submitted via email is based on Art. 6 (1) lit. f GDPR. All information submitted via email are stored with Deutsche Telekom.

Information submitted via webforms or email may subsequently be stored with Deutsche Telekom or Salesforce.

Further information around the relationship with Netlify Inc., Salesforce, and Deutsche Telekom are provided under section 4 of this statement.

When submitting an application via email

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing of applications at knowing⁰¹ may be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by email to the email address provided on the website to the controller

If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure.

The processing of application data is based on Art. 6 (1) lit. c and f GDPR. A legitimate interest in this relation is, e.g., a burden of proof in a procedure under the General Equal Treatment Act (AGG). All information submitted electronically as part of the application process are stored with Deutsche Telekom. Further information around this relations is provided under section 4 of this statement.

4. Third Parties

There is no transfer of personal data to third parties for other purposes than listed in the following. Transfer of personal data is only done on grounds of Art. 6(1) GDPR. All above mentioned general policies for data protection also apply to our handling and usage of third party services. Additional policies of our third party services are referenced below.

Netlify Inc.

For hosting of the live version of our webpage knowing⁰¹ uses the services of Netlify Inc. Beyond hosting, this service provides analytics (page views, top pages, top sources). For more information on the privacy policy of Netlify Inc., please visit their privacy policy page. knowing⁰¹ furthermore uses the web forms services from Netlify, which stores all information submitted in the form plus the consent for storage and processing as well as receiving further communication by knowing⁰¹.

Deutsche Telekom

When contacting knowing⁰¹ via one of channels offered on the website, the processing on the grounds of your request is likely to involve storing of selected personal data submitted in operational applications and drives that knowing⁰¹ procures as cloud services from Deutsche Telekom. Further information on the privacy policy of Deutsche Telekom, please visit their privacy policy portal.

Salesforce

When contacting knowing⁰¹ via one of channels offered on the website, the processing on the grounds of your request may involve storing of selected personal data submitted in customer relationship management and customer support applications and that knowing⁰¹ procures as cloud services from Salesforce. Further information on the privacy policy of Salesforce, please visit their privacy policy portal.

Social network icons

The knowing⁰¹ website contains social network icons of GitHub, LinkedIn and Twitter (hereafter “social networks”), identifiable by the respective logo. As these icons are embedded graphics, visiting the webpage knowing⁰¹ does not cause a connection to the servers of the social networks.

In case the icons are clicked on, the website user is forwarded to the knowing⁰¹ profile on the respective social network. knowing⁰¹ has no influence on process and amount of data collected by the social network during such a profile visit. For more information on the applied privacy policies, please visit Github privacy policy, LinkedIn privacy policy, and Twitter privacy policy resources.

Google fonts

In order to present our contents correctly and graphically appealing across all browsers, we use script libraries and font libraries such as Google Web Fonts on this website. Google Web Fonts are transferred to your browser's cache to avoid multiple loading. If your browser does not support Google Web Fonts or does not allow access, content will be displayed in a default font. Calling script libraries or font libraries automatically triggers a connection to the library operator. In theory, it is possible for operators of corresponding libraries to collect data. The privacy policy of the library operator Google can be found here. Should you be unwilling to have this data about your use of the site theoretically stored and analyzed, you may at any time opt-out here.

5. Rights of the data subject

Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• 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;
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
• the existence of the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

• The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data have been unlawfully processed.
• The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
• The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by knowing⁰¹, he or she may, at any time, contact any employee of the controller. An employee of knowing⁰¹ shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of knowing⁰¹ will arrange the necessary measures in individual cases.

Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

• The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
• The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
• The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
• The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by knowing⁰¹, he or she may at any time contact any employee of the controller. The employee of knowing⁰¹ will arrange the restriction of the processing.

Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of knowing⁰¹.

Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

knowing⁰¹ shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If knowing⁰¹ processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to knowing⁰¹ to the processing for direct marketing purposes, knowing⁰¹ will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by knowing⁰¹ for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of knowing⁰¹. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, knowing⁰¹ shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of knowing⁰¹.

Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of knowing⁰¹.

Use privacy@knowing01.com to make use of your rights to withdraw, object or delete.

6. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

Closing Remarks

This data privacy statement is currently valid and has last been updated in June 2023. Due to the constant evolution of our website and services or due to changing regulation it may be necessary to update the provisions in this statement. The currently valid version of the data privacy statement can be accessed at all time under https://knowing01.com/privacy/ and may be printed for reference.

This data privacy statement has been formulated using input that has been generated by the Privacy Policy Generator of the External Data Protection Officers that was developed in cooperation with the Media Law Lawyers from WBS-LAW.