We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of Monda. The use of the Internet pages of Monda 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, address, email 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 Monda. 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, Monda 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.
The data protection declaration of Monda 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:
A) PERSONAL DATA
Personal data means any information relating to an identified or identifiable natural person (“data subject”). 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.
B) DATA SUBJECT
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
C) 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.
D) RESTRICTION OF PROCESSING
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
E) PROFILING
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
F) PSEUDONYMISATION
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
G) CONTROLLER OR CONTROLLER RESPONSIBLE FOR THE PROCESSING
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.
H) PROCESSOR
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
I) RECIPIENT
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
J) 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.
K) CONSENT
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
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:
Company: Monda Labs, Inc.
Address: 850 New Burton Road, Suite 201, Dover, DE 19904, United States
Email: privacy@monda.ai
Website: https://www.monda.ai
For all questions on the subject of data protection in connection with our products/services or the use of our website, you can also contact our Data Protection Officer at any time. The Data Protection Officer can be reached at the above postal address and at the e-mail address given above (keyword: "to the attention of the Data Protection Officer"). We expressly point out that if you use this e-mail address, the contents will not be exclusively noted by our Data Protection Officer. If you wish to exchange confidential information, please therefore first contact us directly via this e-mail address.
The Internet pages of Monda use cookies. Cookies are text files that are stored on your device 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 data 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, Monda can provide the users of this website with more user-friendly services that would not be possible without the cookie setting as well as to analyze users’ behavior in order to improve website performance as well as to personalize website content and advertisement or to embed third party media (e.g. video).
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. For example, if the website uses cookies, the user 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.
Apart from cookies, we can use other tracking technologies offered by us or by third parties (together “Tools”). Other Tools can include:
• Web storage (local storage / session storage): Information stored on the end device, consisting of a name and a value. Information in session storage is deleted after the session, while information in local storage has no expiry date and remains stored unless a mechanism for deletion has been set up (e.g. storage of a local storage with a time entry). Information in local and session storage can also be removed manually.
• JavaScript: programming codes (scripts) embedded or called up on the website that, for example, set cookies and web storage or actively collect information from the end device or about the user behaviour of visitors. JavaScript may be used for "active fingerprinting" and the creation of user profiles. JavaScript can be blocked by a setting in the browser, although most services will then no longer work.
• Pixel: A tiny graphic automatically loaded by a service that can make it possible to recognise visitors by automatically transmitting the usual connection data (in particular IP address, information about the browser, operating system, language, address called up and time of the call) and, for example, to determine whether an email has been opened or a website visited. With the help of pixels, "passive fingerprinting" and the creation of user profiles can be carried out. The use of pixels can be prevented, for example, by blocking images, such as in emails, although the display is then severely restricted.
With the help of these technologies and also by simply establishing a connection on a page, it may be possible to create so-called "fingerprints", i.e. usage profiles that do not require the use of cookies or web storage and can still recognise visitors. Fingerprints based on the connection setup cannot be completely prevented manually.
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.
We use Tools necessary for website operation on the basis of our legitimate interest pursuant to Art. 6 (1)(f) GDPR in order to provide the basic functionality of our website. In certain cases, these Tools may also be necessary for the fulfilment of a contract or for the implementation of pre-contractual measures, in which case the processing is carried out in accordance with Art. 6 (1)(b) GDPR. Access to and storage of information on the user’s end device is absolutely necessary in these cases and is carried out on the basis of the implementation laws of the ePrivacy Directive of the EU member states, in Germany according to Section 25 (2) of the German Telemedia and Telecommunication Law (hereinafter: “TTDSG”).
We use all other non-essential (optional) Tools that provide additional functions on the basis of your consent in accordance with Art. 6 (1)(a) GDPR. On this website, we collect consent for Analytics Tools, Marketing Tools and External Media. Access to and storage of information in the end device then takes place on the basis of the implementation laws of the ePrivacy Directive of the EU member states, in Germany according to Section 25 (1) TTDSG. Data processing using these tools only takes place if we have received your consent for this in advance.
If personal data is transferred to third countries, we refer you to the section “Data transfer to third countries", also with regard to any associated risks. We will inform you if an adequacy decision exists for the third country in question or if standard contractual clauses or other legal safeguards have been concluded for the use of certain tools. If you have given your consent to the use of certain tools and the associated transfer of your personal data to third countries, we will (also) transfer the data processed when using the tools to third countries on the basis of this consent in accordance with Art. 49 (1)(a) GDPR.
We use the Consent Management Platform ("CMP") tool provided by Piwik PRO GmbH registered at Kurfuerstendamm 21, 10719 Berlin, Germany, to obtain and manage your consent. This generates a banner that informs you about the data processing on our website and gives you the opportunity to consent to all, individual or no data processing using optional tools. This banner appears the first time you visit our website and when you call up the selection of your settings again in order to change them or revoke your consent. The banner will also appear on subsequent visits to our website if you have deactivated the storage of cookies or the cookies or information in the local storage have been deleted or have expired.
As part of your website visit, your consent or revocation, your IP address, information about your browser, your end device and the time of your visit will be transmitted to the CMP.
This data processing is necessary in order to provide you with the legally required consent management and to fulfil our documentation obligations. The legal basis is Art. 6 (1)(f) GDPR, based on our interest in fulfilling the legal requirements for consent management. Access to and storage of information in the end device is absolutely necessary in these cases and is carried out on the basis of the implementation laws of the ePrivacy Directive of the EU member states, in Germany according to Section 25 (2) TTDSG.
You can revoke your consent for certain Tools, i.e. for the storage and access to information in the end device, the further processing of your personal data and the transfer of your data to third countries, at any time with effect for the future. To do so, click on the Manage Settings. There you can also change the selection of the categories of Tools you wish to consent to. Alternatively, you can assert your cancellation directly with the provider for certain Tools.
We use certain Tools to enable the basic functions of our website ("necessary tools"). These include, for example, tools to prepare and display website content, to manage and integrate tools, to detect and prevent fraud and to ensure the security of our website. Without these tools, we would not be able to provide our service. Therefore, necessary tools are used without consent.
We use the content delivery network of the provider Cloudflare Inc, 101 Townsend St., San Francisco, CA 94107 USA ("Cloudflare") on this website to make our website faster to access and more secure to operate.
Cloudflare offers a globally distributed content delivery network in which copies of our website are created and stored on Cloudflare servers. This ensures that when you visit our website, the content is delivered from the server that can display our website to you the fastest. Cloudflare also blocks threats and limits abusive bots and crawlers that would slow down the retrieval of the website or attack our systems. To use the Content Delivery Network, the data traffic between your browser and our website flows via the Cloudflare infrastructure.
When using the Content Delivery Network, Cloudflare receives information on IP addresses and connection protocol data (such as the HTTP header with the user agent information). The IP addresses are merely pseudonymised data that could at best theoretically and not without considerable effort and cost be assigned to a natural person. Data processing and storage generally takes place in the European Union.
For security reasons, Cloudflare also uses a strictly necessary cookie:
- "__cf_bm" (30 minutes): Security cookie, detection of bots and defence against cyber attacks.
You can find more information about the cookies stored by Cloudflare at:
https://developers.cloudflare.com/fundamentals/reference/policies-compliances/cloudflare-cookies/
The data collected when our website is accessed is stored and processed exclusively in the European Union ("Data Localisation Suite"). This also includes the resulting log files and, in particular, data processing to accelerate secure access to the site, recognise threats such as bots and DDoS attacks and ensure the stability of the connection setup. To this end, we have agreed with Cloudflare to use regional, European infrastructure and services, the "Customer Metadata Boundary" option and the use of the "Geo Key Manager". This means that European servers (especially in Luxembourg) are used and the TLS connections are only encrypted and decrypted within the European Union. Key management is carried out using SSL/TLS keys that are stored in the European Union and do not leave it. This ensures that the data automatically transmitted when you visit our website is only processed within the European Union. Further information on these security measures can be found at: https://support.cloudflare.com/hc/en-us/articles/360061946171-Data-Localization-Suite.
As a rule, Cloudflare stores your data for up to seven days. However, if your IP address triggers a security warning at Cloudflare, there may be exceptions to the above storage period.
We have concluded an order processing contract with Cloudflare. Cloudflare may also transfer your personal data to the US and process it there. Cloudflare has joined the EU-US Data Privacy Framework, which is why the transfer in this case is based on the adequacy decision for the US in accordance with Art. 45 GDPR.
Our website uses the Google Fonts service, which is provided for persons from the European Economic Area and Switzerland by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland and for all other persons by Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043, US (together "Google").
When you call up a page, your browser loads the required fonts in order to display texts correctly and attractively. For this purpose, your browser must establish a connection to Google's servers. This tells Google that our website has been accessed via your IP address. According to Google, such calls are separate from other Google services that require user authentication. They are not merged with other data. No cookies are stored.
Google Fonts is used to ensure a uniform and appealing presentation of our online presence through the maintenance-free and efficient use of fonts. The server to which a connection is established may be located in the USA.
No cookies are set by Google Fonts.
Your personal data may also be transferred by Google Ireland Limited to Google LLC in the USA. Google LLC has joined the EU-US Data Privacy Framework, which is why the transfer in this case is based on the adequacy decision for the USA in accordance with Art. 45 GDPR.
Further information can be found
- in the FAQ: https://developers.google.com/fonts/faq;
- in Google's privacy policy: https://policies.google.com/privacy.
We use the content delivery network (CDN) provided by Amazon Web Services EMEA SARL registered at 38 Avenue John F. Kennedy, L-1855, Luxemburg (hereinafter “Amazon Cloudfront” on this website to make our website faster to access and more secure to operate. Thus, Amazon Cloudfront allows content from the network to be displayed to a user at increased speed. This works by storing this content in different locations around the world so that this content can send it to the user from the interface with the lowest latency. Apart from that, this service improves security with traffic encryption and access controls and use AWS Shield Standard to protect against DDoS attacks.
No cookies are set by Amazon Cloudfront.
To use the Content Delivery Network, the data traffic between your browser and our website flows via the Amazon Cloudfront infrastructure. Through the CDN, the following personal data can be accessed:
- IP address,
- website accessed,
- referrer URL,
- the browser used and
- the operating system used.
Your personal data may also be transferred by Amazon in the servers in the USA. Amazon has joined the EU-US Data Privacy Framework, which is why the transfer in this case is based on the adequacy decision for the USA in accordance with Art. 45 GDPR.
Further information about Amazon Cloudfront can be found:
https://docs.aws.amazon.com/AmazonCloudFront/latest/DeveloperGuide/data-protection-summary.html
We use an online toolkit provided by Webflow Inc. registered at 398 11th Street, 2nd Floor, San Francisco, CA 94103, USA (hereinafter “Webflow”) to create this website and select the designs and functions that are needed for the website.
Webflow uses local storage required to display the page, to provide certain website functions and to ensure security (necessary Tools):
“mirage_cache_manifest”
The following personal data can be processed by Webflow:
- Contact data such as name, email address, and company name
We have concluded an order processing agreement with Webflow. Your personal data may also be transferred the servers in the US. Webflow has joined the EU-US Data Privacy Framework, which is why the transfer in this case is based on the adequacy decision for the USA in accordance with Art. 45 GDPR.
Further information about Webflow can be found:
https://webflow.com/legal/eu-privacy-policy
In order to improve our website, we use optional tools to recognise visitors and to statistically record and analyse general user behaviour based on access data ("Analytics Tools"). We also use analysis services to evaluate the use of our various marketing channels. The usage information collected is processed in aggregated form and enables us to track the usage habits of our visitors. This helps us to adapt and optimise the design of our website and make the user experience more pleasant.
This website uses analytical services offered by Piwik PRO GmbH, registered at Kurfuerstendamm 21, Berlin, 10719 Germany (hereinafter “Piwik PRO”) in order to conduct a statistical evaluation of visitor accesses and to understand the customer journey. We calculate metrics like bounce rate, page views, sessions and the like to understand how our website/app is used. We may also create visitors’ profiles based on browsing history to analyze visitor behavior, show personalized content and run online campaigns. JavaScript and cookies are used.
The following data could be stored in the user log together with a pseudonymised user ID:
- Anonymised IP address;
- Referrer URL (previously visited page);
- Pages accessed (date, time, URL, title, duration of visit);
- Downloaded files;
- Clicked links to other websites;
- If applicable, achievement of certain goals (conversions);
- Technical information: Operating system; Browser type, version and language; Device type, make, model and resolution;
- Approximate location (country and, if applicable, city, based on anonymised IP address).
The full scope of collected data is described here: https://help.piwik.pro/support/privacy/what-data-does-piwik-pro-collect/
When using Piwik PRO, the following cookies are set for the specified purpose with the respective storage duration of one year:
- “ppms_privacy_*”,
- “stg_last_interaction”,
- “stg_returning_visitor”,
- “stg_traffic_source_priority”
Further information can also be found in the privacy policy of Piwik PRO:
https://piwik.pro/privacy-policy/
We also use optional Tools for advertising purposes ("Marketing Tools"). Some of the access data collected when you use our website is used to create usage profiles, which in particular store your usage behaviour, the advertisements you have viewed or clicked on and, based on this, the classification into advertising categories, interests and preferences. By analysing and evaluating this access data, we are able to show you personalised advertising, i.e. advertising that corresponds to your actual interests and needs, on our website and on the websites and services of other providers. We also analyse your usage behavior in order to recognise you on other sites and to address you in a personalised manner based on your use of our site (so-called retargeting). In addition, we analyse the effectiveness and success of our advertising campaigns (in particular so-called conversions and leads).
The website of Monda 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, Monda 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, Monda 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.
The legal basis for this processing is Art. 6 (1)(b) GDPR, insofar as the page view occurs in the course of the initiation or execution of a contract, and otherwise Art. 6 (1)(f) GDPR due to our legitimate interest in enabling website access and the permanent functionality and security of our systems. However, the automatic transmission of the connection data and the log files developed from it do not constitute access to the information in the end device within the meaning of the implementation laws of the ePrivacy Directive of the EU member states, in Germany § 25 TTDSG. Otherwise, however, it would be absolutely necessary anyway. The log files are generally stored for 7 days and then anonymised. In exceptional cases, individual log files and IP addresses are stored for longer in order to prevent further attacks from this IP address in the event of cyber attacks and/or to take action against the attackers by way of criminal prosecution.
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.
The legal basis for processing the data required for registration (mandatory fields) is Art. 6 para. 1 lit. b GDPR. For all other data, the legal basis is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR to enable you to customise, adapt and change your account, or your consent pursuant to Art. 6 para. 1 lit. a GDPR, insofar as you have given us this.
On the website of Monda, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
Monda informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter shipping. A confirmation email will be sent to the email address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation email is used to prove whether the owner of the email address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the email address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by email, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties.
The legal basis for processing is your consent in accordance with Art. 6 (1)(a) GDPR. You can withdraw your consent at any time with effect for the future by unsubscribing from the newsletter. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
If you register with us or make a purchase from us, we will also use your contact details to send you further information about our products and services that is relevant to you by email (a so-called "existing customer advertising"). This may include, in particular, news, promotions and offers as well as feedback and other surveys. The legal basis for this data processing is Art. 6 (1)(f) GDPR in conjunction with Section 7 para. 3 of German Act agains Unfair Competition (“UWG”), according to which data processing is permitted to safeguard legitimate interests, insofar as this concerns the storage and further use of data for advertising purposes. You can object to the use of your data for advertising purposes at any time by clicking on the corresponding link in the emails or by sending a message to the contact details given above (e.g. by email or letter) without incurring any costs other than the transmission costs according to the basic rates.
The newsletter of Monda contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such emails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Monda may see if and when an email was opened by a data subject, and which links in the email were called up by data subjects. Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. We use this data in pseudonymous form for general statistical evaluations and to optimise and further develop our content and customer communication. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Monda automatically regards a withdrawal from the receipt of the newsletter as a revocation.
The website of Monda contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller by email 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.
The legal basis for this processing is Art. 6 (1)(b) GDPR, insofar as your details are required to answer your enquiry or to initiate or execute a contract, and otherwise Art. 6 (1)(f) GDPR due to our legitimate interest in you contacting us and us being able to answer your enquiry. The data collected by us when you contact us will be automatically deleted after your enquiry has been fully processed, unless we still need your enquiry to fulfil contractual or legal obligations.
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. For more detailed information about data storage please see the section “Period for which the personal data will be stored”.
To assert your rights described here, you can contact us at any time using the contact details above. This also applies if you wish to receive copies of guarantees to demonstrate an adequate level of data protection. If the relevant legal requirements are met, we will comply with your data protection request.
A) 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.
B) 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.
C) 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.
D) 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 Monda, he or she may, at any time, contact any employee of the controller. An employee of Monda 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 Monda will arrange the necessary measures in individual cases.
E) 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 Monda, he or she may at any time contact any employee of the controller. The employee of Monda will arrange the restriction of the processing.
F) 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 Monda.
G) 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.
Monda 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 Monda 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 Monda to the processing for direct marketing purposes, Monda 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 Monda 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 Monda. 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.
H) 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, Monda 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 Monda.
I) 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 Monda.
Finally, you have the right to lodge a complaint with a data protection supervisory authority in accordance with Art. 77 GDPR. You can assert this right, for example, with a supervisory authority in the Member State of your place of residence, your place of work or the place of the alleged infringement. In Berlin, where we are based, the competent supervisory authority is Berlin Commissioner for Data Protection and Freedom of Information, Alt-Moabit 59-61, 10555 Berlin.
On this website, the controller has integrated the component of Google reCAPTCHA. We use reCAPTCHA to distinguish whether an input is made by a human or abusively by automated, mechanical processing. The query in this context includes the sending of the IP address and any other data required by Google for the reCAPTCHA service to Google. Your input will be transmitted to Google and analyzed for this purpose.
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
Further information and the applicable data protection provisions of Google reCAPTCHA may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under https://www.google.com/recaptcha/intro/
Art. 6(1)(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)(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)(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)(d) GDPR. Finally, processing operations could be based on Article 6(1)(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).
As explained in this privacy policy, we use services whose providers are partly located in so-called third countries (outside the European Union or the European Economic Area) or process personal data there, i.e. countries whose level of data protection does not correspond to that of the European Union. If this is the case and the European Commission has not issued an adequacy decision for these countries (Art. 45 GDPR), we have taken appropriate precautions to ensure an adequate level of data protection for any data transfers. These include the standard contractual clauses of the European Union or binding corporate rules.
Where this is not possible, we base the transfer of data on derogations under Art. 49 GDPR, in particular your explicit consent or the necessity of the transfer for the fulfilment of the contract or for the implementation of pre-contractual measures.
If a transfer to a third country is planned and there is no adequacy decision or suitable guarantees, it is possible and there is a risk that authorities in the respective third country (e.g. secret services) may gain access to the transferred data in order to collect and analyse it, and that the enforceability of your rights as a data subject cannot be guaranteed. When obtaining your consent via the consent banner, you will also be informed of this.
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
For evidence purposes, we must retain contract data in particular for three years from the end of the year in which the business relationship with you ends. Any claims expire at the earliest at this time in accordance with the statutory limitation period. Even after this, we still have to store some of your data for accounting reasons. We are obliged to do so due to statutory documentation obligations that may arise from the German Commercial Code, the German Fiscal Code, the German Banking Act, the German Money Laundering Act and the German Securities Trading Act. The periods specified there for the retention of documents are two to ten years.
The data collected by us will only be passed on if there is a legal basis for this under data protection law in the specific case, in particular if
- you have given your express consent in accordance with Art. 6 (1)(a) GDPR,
- the disclosure pursuant to Art. 6 (1)(f) GDPR is necessary for the establishment, exercise or defence of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data
- we are legally obliged to disclose your data in accordance with Art. 6 (1)(c) GDPR, in particular if this is necessary for legal prosecution or enforcement due to official enquiries, court orders and legal proceedings, or
- this is legally permissible and required under Art. 6 (1)(b) GDPR for the processing of contractual relationships with you or for the implementation of pre-contractual measures taken at your request.
Some of the data processing may be carried out by our service providers. In addition to the service providers mentioned in this privacy policy, these may include, in particular, data centres that store our website and databases, software providers, IT service providers that maintain our systems, agencies, market research companies, group companies and consulting firms. If we pass on data to our service providers, they may only use the data to fulfil their tasks. The service providers have been carefully selected and commissioned by us. They are contractually bound by our instructions, have suitable technical and organisational measures in place to protect the rights of the data subjects and are regularly monitored by us.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
As a responsible company, we do not use automatic decision-making or profiling.
We occasionally update this privacy policy, for example when we customise our website or when legal or regulatory requirements change.
Status: September 3, 2024.
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