With the following privacy policy we would like to inform you which types of your personal data (hereinafter also abbreviated as " data") we process for which purposes and in which scope. The privacy statement applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online services").
The terms used are not gender-specific.
Last Update: 01. February 2023
ELEMENT Insurance AG
Saarbrücker Str. 36-38
10405 Berlin
Germany
Authorised Representatives: Dr. Astrid Stange (Vorstandsvorsitzende/Chair), Dr. Michael Bongartz, Philipp Hartz, Eric Schuh
E-mail address: info@element.in
ELEMENT Insurance AG
Saarbrücker Str. 37A
10405 Berlin
Germany
datenschutz@element.in
The following table summarises the types ofdata processed, the purposes for which they are processed and the concerneddata subjects.
In the following we inform you about the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process personal data. Please note that, in addition to the regulations of the GDPR, the national data protection regulations may apply in your country or in our country of residence or domicile. If, in addition, more specific legal bases are applicable in individual cases, we will inform you of these in the data protection declaration.
National data protection regulations inGermany: In addition to the data protectionregulations of the General Data Protection Regulation, national regulationsapply to data protection in Germany. This includes in particular the Law onProtection against Misuse of Personal Data in Data Processing (Federal Data ProtectionAct - BDSG). In particular, the BDSG contains special provisions on the rightto access, the right to erase, the right to object, the processing of specialcategories of personal data, processing for other purposes and transmission aswell as automated individual decision-making, including profiling. Furthermore,it regulates data processing for the purposes of the employment relationship (§26 BDSG), in particular with regard to the establishment, execution ortermination of employment relationships as well as the consent of employees.Furthermore, data protection laws of the individual federal states may apply.
We take appropriate technical and organisational measures in accordance with the legal requirements, taking intoaccount the state of the art, the costsof implementation and the nature, scope, context and purposes of processing aswell as the risk of varying likelihood and severity for the rights and freedomsof natural persons, in order to ensure a level of security appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data bycontrolling physical and electronic access to the data as well as access to,input, transmission, securing and separation of the data. In addition, we haveestablished procedures to ensure that data subjects' rights are respected, thatdata is erased, and that we are prepared to respond to data threats rapidly.Furthermore, we take the protection of personal data into account as early asthe development or selection of hardware, software and service providers, inaccordance with the principle of privacy by design and privacy by default.
SSL encryption (https): In order to protect yourdata transmitted via our online services in the best possible way, we use SSLencryption. You can recognize such encrypted connections by the prefix https://in the address bar of your browser.
To secure the personal information youprovide on our website, we use Transport Layer Security (TLS), which encryptsthe information you provide.
In the context of our processing ofpersonal data, it may happen that the data is transferred to other places,companies or persons or that it is disclosed to them. Recipients of this datamay include, for example, payment institutions within the context of paymenttransactions, service providers commissioned with IT tasks or providers ofservices and content that are embedded in a website. In such a case, the legalrequirements will be respected and in particular corresponding contracts oragreements, which serve the protection of your data, will be concluded with therecipients of your data.
If we process data in a third country (i.e.outside the European Union (EU), the European Economic Area (EEA)) or theprocessing takes place in the context of the use of third party services ordisclosure or transfer of data to other persons, bodies or companies, this willonly take place in accordance with the legal requirements.
Subject to express consent or transferrequired by contract or law, we process or have processed the data only inthird countries with a recognised level of data protection, on the basis ofspecial guarantees, such as a contractual obligation through so-called standardprotection clauses of the EU Commission or if certifications or bindinginternal data protection regulations justify the processing (Article 44 to 49GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_en).
Cookies are text files that contain datafrom visited websites or domains and are stored by a browser on the user'scomputer. A cookie is primarily used to store information about a user duringor after his visit within an online service. The information stored caninclude, for example, the language settings on a website, the login status, ashopping basket or the location where a video was viewed. The term"cookies" also includes other technologies that fulfil the samefunctions as cookies (e.g. if user information is stored using pseudonymousonline identifiers, also referred to as "user IDs").
The following types and functions ofcookies are distinguished:
Information on legal basis: The legal basis on which we process your personal data with thehelp of cookies depends on whether we ask you for your consent. If this appliesand you consent to the use of cookies, the legal basis for processing your datais your declared consent. Otherwise, the data processed with the help ofcookies will be processed on the basis of our legitimate interests (e.g. in abusiness operation of our online service and its improvement) or, if the use ofcookies is necessary to fulfill our contractual obligations.
Retention period: Unless we provide you with explicit information on the retentionperiod of permanent cookies (e.g. within the scope of a so-called cookieopt-in), please assume that the retention period can be as long as two years.
General information on Withdrawal ofconsent and objection (Opt-Out): Respective ofwhether processing is based on consent or legal permission, you have the optionat any time to object to the processing of your data using cookie technologiesor to revoke consent (collectively referred to as "opt-out"). You caninitially explain your objection using the settings of your browser, e.g. bydeactivating the use of cookies (which may also restrict the functionality ofour online services). An objection to the use of cookies for online marketingpurposes can be raised for a large number of services, especially in the caseof tracking, via the websites https://www.aboutads.info/choices/and https://www.youronlinechoices.com.In addition, you can receive further information on objections in the contextof the information on the used service providers and cookies.
Processing Cookie Data on the Basis ofConsent: Before we process or have processed datawithin the context of the usage of cookies, we ask the users for their consent,which can be revoked at any time. Before the consent has not been given, we mayuse cookies that are necessary for the operation of our online services.
Cookie Settings/ Opt-Out:
Services and service providers beingused:
· Usercentrics: ConsentManagement; Service provider: Usercentrics GmbH, Rosental 4, 80331 München;Website: https://usercentrics.com/de/; Privacy policy:https://usercentrics.com/de/datenschutzerklaerung/
This website uses Usercentrics that sets atechnically necessary cookie (usercentrics cookie) to store your cookieconsent.
Usercentrics does not process any personaldata.
Usercentrics stores the consent you gavewhen you entered the website. If you wish to revoke these consents, simplydelete the cookie in your browser. When you enter/reload the website, you willbe asked again for your cookie consent.
If you want to change the settings you madepreviously, you can do so at any time. To do this, open the selection menu viathe fingerprint symbol displayed in the lower left corner of your screen.
In order to provide our online servicessecurely and efficiently, we use the services of one or more web hostingproviders from whose servers (or servers they manage) the online services canbe accessed. For these purposes, we may use infrastructure and platformservices, computing capacity, storage space and database services, as well assecurity and technical maintenance services.
The data processed within the framework of theprovision of the hosting services may include all information relating to theusers of our online services that is collected in the course of use andcommunication. This regularly includes the IP address, which is necessary to beable to deliver the contents of online services to browsers, and all entriesmade within our online services or from websites.
Collection of Access Data and Log Files: We, ourselves or our web hosting provider, collect data on thebasis of each access to the server (so-called server log files). Server logfiles may include the address and name of the web pages and files accessed, thedate and time of access, data volumes transferred, notification of successfulaccess, browser type and version, the user's operating system, referrer URL(the previously visited page) and, as a general rule, IP addresses and therequesting provider.
The server log files can be used forsecurity purposes, e.g. to avoid overloading the servers (especially in thecase of abusive attacks, so-called DDoS attacks) and to ensure the stabilityand optimal load balancing of the servers.
Services and service providers beingused:
We use blogos or comparable means of onlinecommunication and publication (hereinafter "publication medium").Readers' data will only be processed for the purposes of the publication mediumto the extent necessary for its presentation and communication between authorsand readers or for security reasons. For the rest, we refer to the informationon the processing of visitors to our publication medium within the scope ofthis privacy policy.
Services and service providers beingused:
When contacting us (e.g. by contact form,e-mail, telephone or via social media), the data of the inquiring persons areprocessed insofar as this is necessary to answer the contact enquiries and anyrequested activities.
The response to contact enquiries withinthe framework of contractual or pre-contractual relationships is made in orderto fulfil our contractual obligations or to respond to (pre)contractualenquiries and otherwise on the basis of the legitimate interests in respondingto the enquiries.
Services and service providers beingused:
· Salesforce: CRM-System, Management von Kontaktanfragen und Kommunikation;Dienstanbieter: salesforce.com Germany GmbH, Erika-Mann-Str. 31, 80636 München;Mutterunternehmen: Salesforce.com, inc. Salesforce Tower, 415 Mission Street,3rd Floor, San Francisco, CA 94105, USA; Website:https://www.salesforce.com/de/; Datenschutzerklärung: https://www.salesforce.com/de/company/privacy/.
The application process requires applicantsto provide us with the data necessary for their assessment and selection. Theinformation required can be found in the job description or, in the case ofonline forms, in the information contained therein.
In principle, the required informationincludes personal information such as name, address, a contact option and proofof the qualifications required for a particular employment. Upon request, we willbe happy to provide you with additional information.
If made available, applicants can submittheir applications via an online form. The data will be transmitted to usencrypted according to the state of the art. Applicants can also send us theirapplications by e-mail. Please note, however, that e-mails on the Internet aregenerally not sent in encrypted form. As a rule, e-mails are encrypted duringtransport, but not on the servers from which they are sent and received. We cantherefore accept no responsibility for the transmission path of the applicationbetween the sender and the reception on our server. For the purposes ofsearching for applicants, submitting applications and selecting applicants, wemay make use of the applicant management and recruitment software, platformsand services of third-party providers in compliance with legal requirements.Applicants are welcome to contact us about how to submit their application orsend it to us by regular mail.
Processing of special categories of data: If special categories of personal data within the meaning ofArticle 9 (1) GDPR (e.g. health data, such as severely handicapped status orethnic origin) are requested from applicants within the framework of theapplication procedure, so that the responsible person or the person concernedcan exercise his/her rights arising from labour law and social security andsocial protection law and fulfil his/her duties in this regard, theirprocessing shall be carried out in accordance with Article 9 (1)(b) GDPR, inthe case of the protection of vital interests of applicants or other personspursuant to Article 9 (1)(c) GDPR or for the purposes of preventive health careor occupational medicine, for the assessment of the employee's ability to work,for medical diagnostics, care or treatment in the health or social sector orfor the administration of systems and services in the health or social sectorin accordance with Article 9 (1)(h) GDPR. In the case of a communication ofspecial categories of data based on voluntary consent, their processing iscarried out on the basis of Article 9 (1)(a) GDPR.
Ereasure of data: In the event of a successful application, the data provided by theapplicants may be further processed by us for the purposes of the employmentrelationship. Otherwise, if the application for a job offer is not successful,the applicant's data will be deleted. Applicants' data will also be deleted ifan application is withdrawn, to which applicants are entitled at any time.Subject to a justified revocation by the applicant, the deletion will takeplace at the latest after the expiry of a period of six months, so that we cananswer any follow-up questions regarding the application and comply with ourduty of proof under the regulations on equal treatment of applicants. Invoicesfor any reimbursement of travel expenses are archived in accordance with taxregulations.
Admission to a talent pool - Admission to an talent pool, if offered, is based on consent.Applicants are informed that their consent to be included in the talent pool isvoluntary, has no influence on the current application process and that theycan revoke their consent at any time for the future.
Services and service providers beingused:
We send newsletters, e-mails and otherelectronic communications (hereinafter referred to as "newsletters")only with the consent of the recipient or a legal permission. Insofar as thecontents of the newsletter are specifically described within the framework ofregistration, they are decisive for the consent of the user. Otherwise, ournewsletters contain information about our services and us.
In order to subscribe to our newsletters,it is generally sufficient to enter your e-mail address. We may, however, askyou to provide a name for the purpose of contacting you personally in thenewsletter or to provide further information if this is required for thepurposes of the newsletter.
Double opt-in procedure: The registration to our newsletter takes place in general in aso-called Double-Opt-In procedure. This means that you will receive an e-mail afterregistration asking you to confirm your registration. This confirmation isnecessary so that no one can register with external e-mail addresses.
The registrations for the newsletter are logged in order to be able to provethe registration process according to the legal requirements. This includesstoring the login and confirmation times as well as the IP address. Likewise,the changes of your data stored with the dispatch service provider are logged.
Deletion and restriction of processing: We may store the unsubscribed email addresses for up to three yearsbased on our legitimate interests before deleting them to provide evidence ofprior consent. The processing of these data is limited to the purpose of apossible defense against claims. An individual deletion request is possible atany time, provided that the former existence of a consent is confirmed at thesame time. In the case of an obligation to permanently observe an objection, wereserve the right to store the e-mail address solely for this purpose in ablacklist.
Information on legal bases: The sending of the newsletter is based on the consent of therecipients or, if consent is not required, on the basis of our legitimateinterests in direct marketing. Insofar as we engage a service provider forsending e-mails, this is done on the basis of our legitimate interests. Theregistration procedure is recorded on the basis of our legitimate interests forthe purpose of demonstrating that it has been conducted in accordance with thelaw.
Contents: Information aboutELEMENT, our services, products, promotions and offers as well as generalinformation from the insurance industry.
Analysis and performance measurement: The newsletters contain a so-called "web-beacon", i.e. apixel-sized file, which is retrieved from our server when the newsletter isopened or, if we use a mailing service provider, from its server. Within thescope of this retrieval, technical information such as information about thebrowser and your system, as well as your IP address and time of retrieval arefirst collected.
This information is used for the technicalimprovement of our newsletter on the basis of technical data or target groupsand their reading behaviour on the basis of their retrieval points (which canbe determined with the help of the IP address) or access times. This analysisalso includes determining whether newsletters are opened, when they are openedand which links are clicked. For technical reasons, this information can beassigned to the individual newsletter recipients. It is, however, neither our endeavornor, if used, that of the shipping service provider to observe individualusers. The evaluations serve us much more to recognize the reading habits ofour users and to adapt our content to them or to send different contentaccording to the interests of our users.
The evaluation of the newsletter and themeasurement of success is carried out, subject to the express consent of theuser, on the basis of our legitimate interests for the purposes of using a user-friendlyand secure newsletter system which serves both our business interests and theexpectations of the user.
A separate objection to the performancemeasurement is unfortunately not possible, in this case the entire newslettersubscription must be cancelled or objected to.
Services and service providers beingused:
Web analysis is used to evaluate thevisitor traffic on our website and may include the behaviour, interests ordemographic information of users, such as age or gender, as pseudonymousvalues. With the help of web analysis we can e.g. recognize, at which time ouronline services or their functions or contents are most frequently used orrequested for repeatedly, as well as which areas require optimization.
In addition to web analysis, we can alsouse test procedures, e.g. to test and optimize different versions of our onlineservices or their components.
For these purposes, so-called user profilescan be created and stored in a file (so-called "cookie") or similarprocedures in which the relevant user information for the aforementionedanalyses is stored. This information may include, for example, content viewed,web pages visited and elements and technical data used there, such as thebrowser used, computer system used and information on times of use. If usershave consented to the collection of their location data, these may also beprocessed, depending on the provider.
The IP addresses of the users are alsostored. However, we use any existing IP masking procedure (i.e.pseudonymisation by shortening the IP address) to protect the user. In general,within the framework of web analysis, A/B testing and optimisation, no userdata (such as e-mail addresses or names) is stored, but pseudonyms. This meansthat we, as well as the providers of the software used, do not know the actualidentity of the users, but only the information stored in their profiles forthe purposes of the respective processes.
Information on legal basis: If we ask the users for their consent to the use of third partyproviders, the legal basis of the processing is consent. Furthermore, theprocessing can be a component of our (pre)contractual services, provided thatthe use of the third party was agreed within this context. Otherwise, user datawill be processed on the basis of our legitimate interests (i.e. interest inefficient, economic and recipient friendly services). In this context, we wouldalso like to refer you to the information on the use of cookies in this privacypolicy.
Services and service providers beingused:
We process personal data for the purposesof online marketing, which may include in particular the marketing ofadvertising space or the display of advertising and other content (collectivelyreferred to as "Content") based on the potential interests of usersand the measurement of their effectiveness.
For these purposes, so-called user profilesare created and stored in a file (so-called "cookie") or similarprocedure in which the relevant user information for the display of theaforementioned content is stored. This information may include, for example,content viewed, websites visited, online networks used, communication partnersand technical information such as the browser used, computer system used andinformation on usage times. If users have consented to the collection of theirsideline data, these can also be processed.
The IP addresses of the users are alsostored. However, we use provided IP masking procedures (i.e. pseudonymisationby shortening the IP address) to ensure the protection of the user's by using apseudonym. In general, within the framework of the online marketing process, noclear user data (such as e-mail addresses or names) is secured, but pseudonyms.This means that we, as well as the providers of online marketing procedures, donot know the actual identity of the users, but only the information stored intheir profiles.
The information in the profiles is usuallystored in the cookies or similar memorizing procedures. These cookies canlater, generally also on other websites that use the same online marketingtechnology, be read and analyzed for purposes of content display, as well assupplemented with other data and stored on the server of the online marketingtechnology provider.
Exceptionally, clear data can be assignedto the profiles. This is the case, for example, if the users are members of asocial network whose online marketing technology we use and the network linksthe profiles of the users in the aforementioned data. Please note that usersmay enter into additional agreements with the social network providers or otherservice providers, e.g. by consenting as part of a registration process.
As a matter of principle, we only gainaccess to summarised information about the performance of our advertisements.However, within the framework of so-called conversion measurement, we can checkwhich of our online marketing processes have led to a so-called conversion,i.e. to the conclusion of a contract with us. The conversion measurement isused alone for the performance analysis of our marketing activities.
Unless otherwise stated, we kindly ask youto consider that cookies used will be stored for a period of two years.
Information on legal basis: If we ask users for their consent (e.g. in the context of aso-called "cookie banner consent"), the legal basis for processingdata for online marketing purposes is this consent. Otherwise, user data will beprocessed on the basis of our legitimate interests (i.e. interest in theanalysis, optimisation and economic operation of our online services. In thiscontext, we would also like to refer you to the information on the use ofcookies in this privacy policy.
Services and service providers being used:
We maintain online presences within socialnetworks and process user data in this context in order to communicate with theusers active there or to offer information about us.
We would like to point out that user datamay be processed outside the European Union. This may entail risks for users,e.g. by making it more difficult to enforce users' rights.
In addition, user data is usually processedwithin social networks for market research and advertising purposes. Forexample, user profiles can be created on the basis of user behaviour and theassociated interests of users. The user profiles can then be used, for example,to place advertisements within and outside the networks which are presumed tocorrespond to the interests of the users. For these purposes, cookies areusually stored on the user's computer, in which the user's usage behaviour andinterests are stored. Furthermore, data can be stored in the user profilesindependently of the devices used by the users (especially if the users aremembers of the respective networs or will become members later on).
For a detailed description of therespective processing operations and the opt-out options, please refer to therespective data protection declarations and information provided by theproviders of the respective networks.
Also in the case of requests forinformation and the exercise of rights of data subjects, we point out thatthese can be most effectively pursued with the providers. Only the providershave access to the data of the users and can directly take appropriate measuresand provide information. If you still need help, please do not hesitate tocontact us.
Services and service providers beingused:
Within our online services, we integratefunctional and content elements that are obtained from the servers of theirrespective providers (hereinafter referred to as "third-partyproviders"). These may, for example, be graphics, videos or social mediabuttons as well as contributions (hereinafter uniformly referred to as"Content").
The integration always presupposes that thethird-party providers of this content process the IP address of the user, sincethey could not send the content to their browser without the IP address. The IPaddress is therefore required for the presentation of these contents orfunctions. We strive to use only those contents, whose respective offerers usethe IP address only for the distribution of the contents. Third parties mayalso use so-called pixel tags (invisible graphics, also known as "webbeacons") for statistical or marketing purposes. The "pixeltags" can be used to evaluate information such as visitor traffic on thepages of this website. The pseudonymous information may also be stored incookies on the user's device and may include technical information about thebrowser and operating system, referring websites, visit times and otherinformation about the use of our website, as well as may be linked to suchinformation from other sources.
Information on legal basis: If we ask users for their consent (e.g. in the context of aso-called "cookie banner consent"), the legal basis for processing isthis consent. Otherwise, user data will be processed on the basis of ourlegitimate interests (i.e. interest in the analysis, optimisation and economicoperation of our online services. We refer you to the note on the use ofcookies in this privacy policy.
Services and service providers beingused:
The data processed by us will be erased inaccordance with the statutory provisions as soon as their processing is revokedor other permissions no longer apply (e.g. if the purpose of processing thisdata no longer applies or they are not required for the purpose).
If the data is not deleted because they arerequired for other and legally permissible purposes, their processing islimited to these purposes. This means that the data will be restricted and notprocessed for other purposes. This applies, for example, to data that must bestored for commercial or tax reasons or for which storage is necessary toassert, exercise or defend legal claims or to protect the rights of anothernatural or legal person.
Further information on the erasure ofpersonal data can also be found in the individual data protection notices ofthis privacy policy.
We kindly ask you to inform yourselfregularly about the contents of our data protection declaration. We will adjustthe privacy policy as changes in our data processing practices make thisnecessary. We will inform you as soon as the changes require your cooperation(e.g. consent) or other individual notification.
If we provide addresses and contactinformation of companies and organizations in this privacy policy, we ask youto note that addresses may change over time and to verify the informationbefore contacting us.
As data subject, you are entitled tovarious rights under the GDPR, which arise in particular from Articles 15 to 21of the GDPR:
Supervisory authority competent for us:
Berliner Beauftragte fürDatenschutz und Informationsfreiheit, Friedrichstr. 219,10969 Berlin
This section provides an overview of theterms used in this privacy policy. Many of the terms are drawn from the law anddefined mainly in Article 4 GDPR. The legal definitions are binding. Thefollowing explanations, on the other hand, are intended above all for thepurpose of comprehension. The terms are sorted alphabetically.
