Privacy Policy | Pergola

We (Datasophie GmbH, “DS”) are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at contact@datasophie.de.

When you visit our websites (https://datasophie.com, https://datasophie.de, https://pergola.cloud), we refer to them collectively in this privacy policy as “Website” or “Websites”), and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our websites and our services.

This privacy policy applies to all information collected through our Websites, and/or any related services, sales, marketing or events (we refer to them collectively in this Privacy Policy as the “Services”).

Introduction

The data controller in respect of any Personal Data that you submit to us via the Services (or otherwise) is

Datasophie GmbH, Roßtränke 4, 94032 Passau, Germany

contact@datasophie.de

The Personal Data you submit to us via the Services (or otherwise) will be processed by us or by data processors appointed by us to undertake processing on our behalf.

DS respects your privacy rights and recognizes the importance of protecting the information collected about you. We have adopted this Privacy Policy to explain how we collect, use and store your Personal Data and Non-Personal Data.

If you want to know what Personal Data or Non-Personal Data we hold about you or if you have any other queries in relation to this Privacy Policy, please contact us by emailing us at contact@datasophie.de. We will require you to verify your identity before releasing any information to you.

What Is Personal and Non-Personal Data?

“Personal Data” means any information relating to an identified or identifiable natural person; 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, or an online identifier.

“Non-Personal Data” means information that we have collected from you which is not Personal Data, i.e. cannot be used by us to identify you.

Which Data Does DS Collect and Use at Which Stage?

Use of our Website

General

If you access or use our Website we may collect the following Personal Data and Non-Personal Data:

Requested resource (name of the requested file)
Browser type and version
Browser language
Operating system
Browser window size
Screen resolution
JavaScript enabled/disabled
Cookie support enabled/disabled (browser capability only; no cookies are set by us for analytics)
Color depth/settings
Referrer URL
Date and time of access
Pages viewed and interactions (such as clicks)
IP address

DS also may maintain log files that contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider and can, in certain circumstances, amount to Personal Data. In general, we use log files to monitor traffic on our Website and to troubleshoot technical problems. In the event of user abuse of our Website, however, we may block certain IP addresses.

We use the information set out in this Section to optimize your experience of the Services. The collection of the information set out in this Section is mandatory. DS is not able to properly provide you with the Services without this basic information.

Cookies and Tracking Technologies

We do not use cookies or similar technologies for analytics or visitor tracking.

We use a privacy-friendly analytics solution that does not use cookies or similar identifiers to recognize returning visitors. The information collected is used solely to understand the use of our Website, improve its functionality and performance, ensure security, and troubleshoot technical issues.

IP addresses are processed only to the extent necessary for these purposes. Where possible, IP addresses are shortened or otherwise handled in a manner that minimizes the identification of individual users.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we might not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track”, visit http://www.allaboutdnt.com.

Account Registration and Commercial Transaction

You will need to register for an account in order to access and use some of the Services (“Account”). If you register for an Account, in addition to the information we collect under Section “Use of our Website” above we will also collect the following Personal Data:

Account ID
Login ID
Display name
Password
Email address
Avatar or profile picture
Creation date

If you conduct and carry out commercial transactions via any of the Services, in addition to the Personal Data set out above, we may also collect the following Personal Data and Non-Personal Data:

First name
Last name
Billing address (including street, ZIP code, country)
Shipping address for physical goods (including street, ZIP code, country)
Telephone number
Date and data of transaction
Object acquired
Value
Confirmation email address

We use this Personal Data and Non-Personal Data to

fulfill our contractual obligations and comply with applicable law;
track the transactions you have made via the Services;
remember which products you have added to your basket;
provide customer service to you in relation to your use of the Services, to deal with enquiries and complaints relating to the use of the Services and to notify you about any changes to the services that we provide via the Services;
send you reminder and verification notifications such as password reminders.

We are obliged by applicable law to identify our commercial customers for purposes of enabling our contractual relationships with them. We are also obliged by applicable law to collect and store detailed information regarding all commercial transactions, especially for accounting and tax purposes.

The collection of the information set out in this Section is mandatory. DS is prohibited by law from providing you with commercial services without collecting such information. For legal reasons this information will be stored as long as your account remains open and thereafter for the retention periods set forth by law for accounting and tax purposes.

Usage Metrics

If you upload and store Projects on Pergola (as defined in the Terms of Service), we will track and store usage metrics:

for billing purposes;
to secure proper functionality of Pergola;
to detect data breaches and other illegal activities.

The collection of the information set out in this Section is mandatory. We cannot provide the Pergola services without this use of your data.

Advertising Attribution

We use online advertising platforms, such as Google Ads, to promote our services.

To measure the effectiveness of our advertising campaigns, we process advertising attribution information that is transmitted as part of the URL when you visit our Website after clicking one of our advertisements (for example, a campaign identifier or click identifier). If you subsequently register an account or complete another defined conversion event, we associate that event with the advertising campaign that referred you.

We do not use cookies or similar technologies for advertising attribution, nor do we use the information to track your browsing behavior across websites or to build advertising profiles.

The information is used solely to:

measure the performance of advertising campaigns;
attribute conversions to the corresponding campaign; and
optimize our advertising spend.

Where necessary for campaign attribution, we may share limited conversion information (such as the occurrence and time of a conversion, and where applicable a campaign or click identifier) with the relevant advertising platform. We do not share more information than is necessary to measure campaign performance.

The legal basis for this processing is our legitimate interest pursuant to Art. 6 (1) lit. f GDPR in measuring and improving the effectiveness of our advertising activities. Where applicable, we have concluded the necessary data processing agreements with our service providers.

Retention Periods

DS stores your Personal Information and Non-Personal Information for as long as this is necessary for the provision of the Services, including as required in accordance with contractual or statutory requirements (e.g. tax law, accounting law and guidelines or other commercial purposes such as invoices).

DS shares your Personal Data with third parties only in the specific cases set out below, or otherwise with your consent.

DS may share your Personal Data:

with companies of our corporate group and distribution partners, where necessary for internal administration, accounting, and sales operations. The legal basis under GDPR is Art. 6 (1) lit. f GDPR with having organizational and financial requirements as legitimate interest.
third party service providers under our control (“Data Processors” under GDPR) and monitoring where such disclosure is necessary or helpful to enable us to provide you with any of the Services and such third parties are contractually bound to process your Personal Information and/or Non-Personal Information under at least as protective as those set forth in this Privacy Policy (provided that we may permit them to use information that does not identify you for any purpose except as prohibited by applicable law). The legal basis under GDPR is Art. 6 (1) lit. b GDPR.
third party payment providers which are bound by strict privacy policies to carry out payment transactions with you. The legal basis under GDPR is Art. 6 (1) lit. b GDPR.
any person to whom disclosure is necessary to enable us to enforce our rights under this Privacy Policy (such as law enforcement authorities in case of fraud investigations). The legal basis under GDPR is Art. 6 (1) lit. f GDPR to with defending our rights as legitimate interest.
any authority to which we are obliged by law to disclose your Personal Information and Non-Personal Information (e.g. tax authorities for commercial transactions). The legal basis under GDPR is art. 6 (1) lit. c GDPR.
at your request or your direction.

How Does DS Protect Your Personal Data?

The security of your Personal Data is important to us. We have implemented physical, electronic and managerial procedures in order to help safeguard and prevent unauthorized access, use, alteration, modification and/or disclosure of your Personal Data. We follow applicable law to protect the Personal Data submitted to us, both during transmission and in storage.

The Personal Data that you provide to us will be collected and processed by us or by data processors appointed by us to undertake processing on our behalf. Your Personal Data will be stored on servers which may be owned by data processors under contractual control by us. Any Personal Data that you provide to us in accordance with this Privacy Policy will be adequately protected by this Privacy Policy, our contract with our data processors which implement data protection measures to address applicable law.

Despite these measures, transmission via the internet is not completely secure and we cannot guarantee the security of your Personal Data provided through the internet.

If you have any questions about security on our Website, please contact us at contact@datasophie.de.

Data Transfer

We host our website and services on AWS. The provider is Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, 1855 Luxembourg (hereinafter AWS).

When you visit our website, your personal data will be processed on AWS servers. Personal data can also be transmitted to the parent company of AWS in the USA. Data transfer to the USA is based on the EU standard contractual clauses. Details can be found here.

For more information, see the AWS privacy policy.

Review, Correction of Your Information, Requesting Removal from Mailing Lists and Deactivating Your Account

You can correct, update or delete your Account information at any time by logging on our Website and navigating to your Account settings. Should you be unable to log in your Account, please contact us. We will be happy to review, update or remove information as appropriate.

If you wish to have your account deactivated, please contact us. Please note that we will retain and use information as set out in the Sections above.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us.