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Datenschutzrichtlinie

We are very delighted that you have shown interest in our enterprise. Data protection is a particularly high priority for the management of the Mercury.ai UG. The use of the Internet pages of the Mercury.ai UG is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, company, 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 the country-specific data protection regulations applicable to the Mercury.ai UG. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the Mercury.ai UG 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. mercury.ai UG (haftungsbeschränkt) (hereinafter referred to as "provider") offers a messaging service for interactions between companies (“Company”) and end users (“you” or “end user”) (hereinafter referred to as "services") in connection with messenger platforms and/or to any other digital communication platforms (“platforms”).
  2. This document only relates to personal data transmitted to provider in the course of providing services. For any contractual relationship and data protection issues between the end user and the platform, please refer to the privacy policy of the relevant platform. The use of their services is governed by their own terms and privacy policies. For any contractual relationship and data protection issues between the end user and company using the provider’s services please refer to the privacy policy of the relevant company. The use of their services is governed by their own terms and privacy policies.
  3. The provider does not offer services to end users who are under 13 years old. If provider become aware that an end user is under the age of 13 years, provider will cease to provide the services.
  4. The provider does not claim any ownership rights upon the end user’s content. end user must have the necessary rights to such information and content which he submits through and the right to grant the following rights and licenses to provider. By transmitting any information and content via the services the end user hereby grants the provider the non-exclusive, worldwide, royalty-free, sub-licensable right to use, modify, transmit, store, archive, display and publish the content for the purpose of providing the services.
  5. All rights which may arise from the metadata, models and qualitative as well as quantitative analysis of the information and content sent through the Services (together “Metadata”) will lie or remain unlimitedly with the provider. Metadata includes, but is not limited to information about how the end user uses the services, log files, diagnostic, crash, performance logs and reports as well as time end user last used the services. Metadata will be anonymized in a way that provider is not able to attribute the data to a specific end user.
  6. The parties shall observe the applicable data protection law. The end user agrees that personal data which is required for providing the services can be stored and processed. As soon as end user deletes content or information finally delivered through the services, such content and information will also be deleted from provider’s servers.
  7. The end user agrees that provider collects and stores information about how the end user uses the services, end user’s log files, diagnostic, crash, performance logs and reports, information about the end user’s device, hardware model, operating system, browser, shortened IP address, language preferences, online status, results of semantic analysis, time end user last used the services. Such information will be anonymized by provider in a way that provider is not able to attribute the data to a specific end user.
  8. Provider uses data of end users in order to provide and improve the services, including providing customer support, and fixing, customizing, evaluating the services as well as researching, developing and testing new services and features. Moreover, provider uses the data to conduct troubleshooting activities, to investigate suspicious activity or violations and to ensure that the services are being used legally. Provider allows companies to use the services for order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing.
  9. The end user may withdraw his consent by writing an email to the provider to terms@mercury.ai. If withdrawal of such consent makes providing the services impossible, provider has the right to cease the services.
  10. Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company 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. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

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 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 Mercury.ai, he or she may, at any time, contact any employee of the controller. An employee of Mercury.ai 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 employees of the Mercury.ai will arrange the necessary measures in individual cases.

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.

Mercury.ai 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 the Mercury.ai 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 Mercury.ai to the processing for direct marketing purposes, the Mercury.ai 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 the Mercury.ai 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 Mercury.ai. 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.

Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

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 Mercury.ai, he or she may at any time contact any employee of the controller. The employee of Mercury.ai 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 Mercury.ai.

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:

Mercury.ai GmbH
Ritterstraße 8
33602 Bielefeld
Deutschland

Phone: +49 521 963 77654
Email: hi/at/mercury.ai
Website: www.mercury.ai

Name and address of the data protection officer

The Data Protection Officer of the controller is:

Dr. Christian Rauda
GRAEF Rechtsanwälte
Jungfrauenthal 8
20149 Hamburg
Deutschland

Phone: +494080600090
E-Mail: privacy@mercury.ai
Website: www.graef.eu

Name and address of the data protection complaints office in NRW

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Postfach 20 04 44
40102 Düsseldorf
Phone: 0211/38424-0
E-Mail: poststelle@ldi.nrw.de
Website: https://www.ldi.nrw.de/metanavi_Kontakt/index.php

Any person concerned can contact our data protection officer or the data protection complaints office at any time with any questions or suggestions regarding data protection.

Cookies

The Internet pages of the Mercury.ai GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser. Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID. Through the use of cookies, the Mercury.ai GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

Collection of general data and information

The website of the Mercury.ai GmbH 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

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

When using these general data and information, the Mercury.ai GmbH does not draw any conclusions about the data subject. Rather, this information is needed to

  1. deliver the content of our website correctly,
  2. optimize the content of our website as well as its advertisement
  3. ensure the long-term viability of our information technology systems and website technology, and
  4. provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.

Therefore, the Mercury.ai GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

Contact possibility via the website

The website of the Mercury.ai GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes name, family name, phone number, company and a general address of the so-called electronic mail (e-mail 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. 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. There is no transfer of this personal data to third parties.

Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form 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. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

Content delivery network from Cloudfront

We use a Content Delivery Network (CDN) offered by Amazon Web Services, Inc. 410 Terry Avenue North, Seattle WA 98109, United States. CloudFront is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law. A CDN is a service with the help of which contents of our online offer, in particular large media files, such as graphics or scripts, are delivered faster with the help of regionally distributed servers connected via the Internet. The processing of user data is carried out solely for the aforementioned ticks and to maintain the security and functionality of the CDN. The use is based on our legitimate interests, i.e. interest in a secure and efficient provision, analysis and optimisation of our online offer in accordance with Art. 6 para. 1 lit. f. DSGVO. For more information, please see CloudFront's privacy policy: https://aws.amazon.com/compliance/gdpr-center.

Data protection regulations on the use and application of Salesforce

Salesforce.com is a provider of cloud computing solutions for businesses. Headquartered in 1 Market St #300, San Francisco, CA 94105, USA, the company is a provider of Software as a Service and Platform as a Service and specializes primarily in Customer Relationship Management (CRM) for companies of all sizes.

Salesforce sees the DSGVO as an important step towards harmonizing data protection requirements across the EU and as an opportunity for Salesforce to further strengthen its commitment to data protection: https://www.salesforce.com/de/campaign/gdpr.