Disclaimer

Legal Notes

ProfitBricks Data Protection Information

ProfitBricks GmbH (following ProfitBricks) is committed to comply with the applicable legal regulations for the protection of personal data as well as the principles of data security in the configuration of their services. In the following, we would like to inform you on the circumstances under which we collect data from you, on how we process it and to whom we might disclose it if necessary.

Data privacy at ProfitBricks

In order to protect the personal data collected from you by ProfitBricks against accidental or deliberate manipulation, loss, destruction or the access of unauthorized persons (see sections 9, 11of the German Federal Data Protection Act (BDSG) in conjunction with the Annex to section 9 of the Act), our technical and organizational security measures are constantly improved according to the technological development. In addition, our employees, subcontractors and other support staff are obligated to observe confidentiality and data privacy.

Of course, any access to your data that is stored at our company only takes place through an encrypted connection. By using the most up-to-date firewall systems, we provide the best posible protection for your data. The entire registration procedure over our homepage as well as the use of the ProfitBricks Virtual Data Center also completely realized through an encrypted SSL/ TSL (Secure Sockets Layer/ Transport Layer Security) connection.

If you have any questions with respect to data protection which are not answered in our data protection information, please don’t hesitate to contact our qualified staff and/or our data protection officer. You can contact them via mail under datenschutz@profitbricks.com at any time.

Data collection and processing from access over the internet

Every time a user accesses our websites, temporary data of this process is stored and processed in a protocol file for a certain period of time.

The following data is collected and stored until its automated deletion:

  • IP address of the accessing computer,
  • date and time of access,
  • name and URL of the accessed file,
  • notification whether the access was successful,
  • identification data of the browser and operating system used,
  • website from which the data was accessed,
  • name of your internet access provider.


The data is processed with the purpose to enable the use of the website (connection establishment), maintaining system security, technical administration of the network infrastructure as well as for optimizing our online presence. The data listed above is only analyzed for statistical purposes and for improving our internet presence, then it is deleted. The IP address can on principle only be analyzed in case of attacks on the network infrastructure of ProfitBricks.

With the exception of the specific situations mentioned in this data protection statement, your personal data will not be processed further unless you expressly authorize it.

Inventory data

ProfitBricks collects, stores and uses your personal data which is required for the conclusion, content and structure or modification of the contractual relationship (inventory data) exclusively for the execution of the contractual relationship established with you. It will only be processed for correspondence with you and only for the purpose for which you made the data available to us.

For your registration in the member area of ProfitBricks, you will usually have to indicate the following data:

  • title,
  • first name(s), surname or company name (including representation as the case may be),
  • address (street, street number, postal code, city and country/region),
  • email address,
  • date of birth,
  • telephone and fax number (optional),
  • bank details (IBAN, bank identifier code, account number, account holder or issuing organization and credit card number),
  • VAT ID number (as the case may be),
  • user identification (password).

Any other use of inventory data beyond this for advertising or market research is subject to your express consent. This declaration of consent can be provided during the registration process, is voluntary, and can be revoked at any time.
 

Traffic data

Personal data which is required for you to be able to use our services and for us to charge them (traffic/ usage data) will be used for the execution of the concluded contracts. Such usage data includes for example information about beginning and end of the registration as well about the extent of the respective contractual services.

As far as the usage and/or traffic data is required for accounting purposes (accounting data), it will be stored for a maximum period of up to six months after the invoice has been sent. It will only be stored longer than that if the user raises any objections against the invoice or does not pay the invoice in spite of reminders. If the data is required for the fulfilment of obligations to retain it pursuant to legal, statutory or contractual provisions, the data can be stored for longer.

Moreover, the usage data can be used for purposes of advertising and market research, to design the ProfitBricks website to meet the needs of users as well as for setting up usage profiles with the use of pseudonyms, if the customer has consented to this use. The customer has the right to object to this use of the data at any time.

Cookies

As far as your security settings allow for this and in order to enhance the functional scope of our online presence and thus render its usage more comfortable for you, we use so-called “cookies”. By means of these “cookies”, data can be saved to your computer when you access our website. You have the possibility to prevent the storage of cookies on your computer by adjusting the corresponding settings in your browser. However, this could limit the range of features available in our Internet service.

Use of e-tracking programmes / social plugins

1. Google-Analytics

This website also uses e-tracking programmes. These are web analysis services which place text files, so-called “cookies”, on your computer and allow for an analysis of your usage of the website. The information about your usage of the website generated by the cookie (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to analyze your usage of the website, to draw up reports about website activities for the website providers and to provide further services in connection with the website usage and the internet usage. In addition, Google will, as the case may be, transmit this information to third parties,if this is legally required or if such third parties process the data on behalf of Google.

In no case will Google use your IP address in connection with other Google data.

You can prevent the installation of cookies with appropriate settings of your browser software; however, we point out that in this case you might not be able to use all of the functions on our website to the full extent.

By using our website you give your consent for the processing of the data collected from you by Google in the manner described above and for the purposes indicated above.

2. PIWIK​

As an additional tracking tool for our Homepage, we have recently enabled Piwik (https://piwik.org/privacy/). It is a statistics tool, which is being used to analyse hits on our website. It creates pseudonymised profiles with anonymised IP-addresses. If you do not agree to these changes, we kindly ask you to modify your browser accordingly or prohibit this feature via opt-out-cookie at https://analytics.profitbricks.com/index.php?module=CoreAdminHome&action=optOut&language=en.

3. Social Plugins

Our online presence uses social plugins (Plugins) of various social networks such as “Facebook”, “Twitter”, “Google+” or “Add This”. These plugins are recognizable by their respective logos.

When you access a website of our online presence containing such social plugins, your browser establishes a direct connection with the servers of the respective operator of the logo (e.g. facebook.com, twitter.com, xing.de or google.com). The contents of the plugin are directly transmitted to your browser by the service provider and embedded into the website by the provider. Please note that data processing by Facebook, Twitter, Google and AddThis takes place outside the European Union. In addition, we do not have any influence on the quantity of the data which is collected by means of social plugins and therefore inform you according to our knowledge.

By integrating social plugins, the providers receive the information that you have accessed the corresponding website of our online presence. If you are logged in with a service like Facebook, Twitter, Xing or Google+, these providers can associate this visit with your account. If you interact with the plugin, for example by clicking on the Facebook “Like” button or leave a comment, the corresponding information is directly transmitted from your browser to the respective service provider and stored there. If you are not a member of a social network, it is nevertheless possible that the provider identifies and stores your IP address. The purposes and extent of the data collection within the scope of the further processing and usage of your data by the service provider as well as your rights with respect to this are contained in the respective data protection statement.

Disclosure of data to third parties

Billing data can be transmitted to other service providers and third parties, provided that this is necessary for the calculation of the fee and for accounting purposes.

In the event of a ruling by a competent court, or upon request by an investigative agency, or for the purposes of evidence (e.g. in case of a breach of our General Terms and Conditions), the data and information stored by us can be used within the scope of the applicable laws and disclosed to third parties insofar as this is necessary. There are no merits for a voluntary disclosure.

Rights of objection, access, erasure and blocking of data

ProfitBricks will correct and/or delete your personal data at any time if you object to the use of data or if we are obligated to do so due to contractual (breach of Terms and Conditions, pursuit of contractual claims), legal or governmental regulations. In case a deletion is not possible due to legal, statutory or contractual retention periods, or if it requires disproportionate efforts or prejudices your legitimate interests, the data will be blocked instead of deleted.

If you have any questions or comments with respect to the exercise of your rights, please do not hesitate to contact us under datenschutz@profitbricks.com in the registered customer area or by phone under 0800-2244668.

Links to websites of other providers third parties

Our websites can contain links to websites of other providers. Please note that this data protection statement only applies to the websites of ProfitBricks. We do not have any influence on and do not control whether other providers/third parties comply with the applicable data protection regulations.

Modifications of the privacy policy

Due to the further development of our website, governmental regulations or the implementation of new technologies, it can become necessary to change this data protection information. ProfitBricks reserves the right to change this data protection information at any time with effect for the future. We therefore recommend you read the current data protection information again from time to time.

Please do not hesitate to contact us using the contact data indicated above if you have any further questions.

Document version 3.1

Last updated: November, 1st 2016

ProfitBricks Data Protection Information