Privacy policy

delphai by AtomLeap GmbH (“delphai”, “we” or “our”) cares about your privacy and the security of your information. We want you to be familiar with how we collect, use, and disclose information. This page informs you of our policies and practices regarding the collection, use, and disclosure of information that personally identifies you (“Personal Information”) when you use our website, software, or services. Therefore, delphai always complies in accordance with the General Data Protection Regulation (“GDPR”).

It is recommended that you read this privacy policy carefully. If you have additional questions or would like further information on this topic, please feel free to contact us at privacy@delphai.com.

By using one of our websites :

• delphai.com
• app.delphai.com
• atomleap.com
• hightechseedlab.com

delphai is the controller for the purposes of the GDPR:

delphai by AtomLeap GmbH
Oranienstr. 183
10999 Berlin, Germany
Email: contact@delphai.com
Represented by managing director Dr Robin Tech

delphai by AtomLeap GmbH
Oranienstr. 183
10999 Berlin, Germany
Email: privacy@delphai.com

When you use our website, we collect personal information for the purpose of improving our website, identifying, and communicating with you. We may process the following types of data:

• Inventory data (e.g., names, addresses)
• Contact details (e.g., email, telephone numbers)
• Content data (e.g., text input, photographs, videos)
• Usage data (e.g., visited websites, interest in content, access times)
• Meta/communication data (e.g., device information, IP addresses)

We only use and process your personal information when we have a legal basis to do so. We will only process your personal information when:

• We need it to provide you with the services;
• You give us consent for a specific purpose; or
• It satisfies our legitimate interests (which are not overridden by your data protection interests), such as for improving, marketing, and promoting the services and protecting our legal rights;
• We need to process your data to comply with our legal obligations.

We use the personal information we collect or receive:

• To send you marketing and promotional communications; you can opt-out of our marketing emails at any time.
• We may use your personal information to request feedback and to contact you about your use of our website.
• We may use your personal information as part of our efforts to keep our sites safe and secure.
• To enforce our terms, conditions and policies.
• To respond to legal requests and prevent harm.
• We may use your personal information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and evaluating and improve our website, products, services, marketing and your experience.

Notwithstanding any other provisions in this privacy policy, we process personal data for the following purposes:

• Provision of the online offers, their functions and contents
• Answering contact requests and communication with visitors, users, clients, or applicants
• Adopting security measures
• Conducting marketing
• Administrative, financial accounting, and office organization
• Contact management
• Sending newsletters
• Hosting and collection of access data and log files
• Carrying out an application procedure

In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not explicitly mentioned in this privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR, the legal basis for processing for the performance of our services and performance of contractual measures as well as for answering inquiries is Art. 6(1)(b) GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6(1)(c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6(1)(f) GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) DSGVO serves as the legal basis. Additionally, we may process:

Administration & accounting

• We process data within the framework of administrative tasks as well as the organisation of our company, financial accounting and compliance with legal obligations, e.g., archiving. We process the same data that we process in the course of providing our contractual services.
• The respective legal bases for data processing are Art. 6(1)(c) GDPR, Art. 6(1)(f) GDPR. Customers, interested parties, business partners and website users are affected by the processing. The purpose and our interest in the processing lie in the administration, financial accounting, office organization, archiving of data, thus tasks that serve the maintenance of our business activities, perception of our tasks and provision of our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information provided in these processing activities.
• We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers. Furthermore, we store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g., for the purpose of making contact at a later date. We store this data, which is mainly company-related, permanently.

Business analyses & market research

• In order to operate our business economically and to identify market trends, customer as well as user requirements, we analyse the data available to us on business transactions, contracts, enquiries, etc., in order to ensure that we are able to offer our clients the best possible service.
• We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6(1)(f) GDPR, whereby the persons concerned include clients, interested parties, business partners, visitors, and users of the online offer. The analyses are carried out for the purpose of economic evaluations, marketing and market research. We can take into account the profiles of registered users with information, e.g., on the services they have used. The analyses serve us to increase the user-friendliness, the optimization of our offer and the economic efficiency.
• The analyses serve us alone and are not disclosed externally unless they are anonymous analyses with aggregated values. If these analyses or profiles are personal, they will be deleted or made anonymous upon termination of the user, otherwise after two years from the conclusion of the contract. For the rest, macroeconomic analyses and general trend determinations are conducted anonymously wherever possible.

Contacting

• When contacting us (e.g., via the contact form, e-mail, telephone or social media), the contacting person’s details are processed for processing the contact enquiry and its processing in accordance with Art. 6(1)(b) GDPR. User information can be stored in a customer relationship management system (“CRM system”) or comparable request organization. We delete the requests if they are no longer necessary. We review this requirement every two years; the statutory archiving obligations also apply.

Newsletters

• With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights to object. By subscribing to our newsletter you agree to the receipt and the described procedures.
• We send newsletters, e-mails, and other electronic notifications containing advertising information (hereinafter “newsletters”) only with the consent of the recipients or legal permission. If the contents of a newsletter are specifically described within the scope of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our services and us.
• Subscription to our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can log in with other email addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. The changes to your data stored with the shipping service provider are also logged.
• To subscribe to the newsletter, simply enter your e-mail address. The dispatch of the newsletter and the performance measurement associated with it is based on the recipient’s consent pursuant to Art. 6(1)(a), Art. 7 GDPR in conjunction with Section 7 para. 2 no. 3 German Act Against Unfair Competition or on the basis of the legal permission pursuant to Section 7 para. 3 German Act Against Unfair Competition. The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR. We are interested in the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of users and also allows us to provide proof of consent.
• You can cancel the newsletter service at any time, i.e., revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the email addresses of users that have unsubscribed for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of these data is limited to the purpose of a possible defence against claims. An individual application for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.

Hosting

• The hosting services we use provide: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services that we use for the purpose of operating this online offering.
• We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta- and communication data of customers, interested parties, and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online service and offer according to Art. 6(1)(f) GDPR in conjunction with. Art. 28 GDPR (conclusion of order processing contract)

Access data & log files

• We, or our hosting provider, collect the following data on the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR data on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
• Log file data will be stored for security reasons (e.g., to investigate misuse or fraud) and deleted after a reasonable time, typically within eight weeks. Data needed for security incident handling are excluded from deletion until the respective incident has been finally clarified.

Job applications

• If you apply for an open position or send us an unsolicited application we may process, among other things: name, birth date, contact details, application documents (CV, certificates, letter of motivation, etc.).
• The legal basis for the processing of data in the context of job applications is Art. 6(1)(b) GDPR. The purpose of data processing is the electronic submission and examination of applications, application documents, and, if applicable, to inform applicants in future about job opportunities. If the application is for employment within the scope of a project, the data will be deleted three months after the end of the project if the application is rejected, and six months after the end of the application procedure if the application is not project-related. Upon request, we will delete the stored data before the end of the storage period, provided there is no longer storage due to commercial, tax or social security law storage obligations. In the event of employment, the application documents will be deleted three years after termination of employment, provided that there is no longer retention due to commercial, tax or social security retention obligations.

We have implemented appropriate technical and organisational controls to protect your personal data against unauthorised processing and against accidental loss, damage, or destruction. You are responsible for choosing a secure password when we ask you to set up a password to access our software. You should keep this password confidential and you should choose a password that you do not use on any other site. You should not share your password with anyone else, including anyone who works for us. Unfortunately, sending information via the internet is not completely secure. Although we will do our best to protect your personal data once with us, we cannot guarantee the security of any personal data sent to our site while still in transit and so you provide it at your own risk.

If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g., if a transmission of the data to third parties in accordance with Art. 6(1)(b) GDPR for contract performance is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.). If we commission third parties with the processing of data on the basis of a so-called “data processing agreement”, this is done on the basis of Art. 28 GDPR.

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the performance of our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the special requirements of Art. 44 et seq. GDPR. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR. In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you. In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 GDPR. You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request its transmission to other persons responsible. In accordance with Art. 77 GDPR, they also have the right to file a complaint with the competent supervisory authority. The “Berlin Commissioner for Data Protection and Freedom of Information” (https://www.datenschutz-berlin.de/kontakt.html) is responsible for this.

Right to withdraw consent: You have the right to withdraw your consent pursuant to Art. 7(3) GDPR at any time with future effect. The withdrawal does not affect the lawfulness of processing based on consent before its withdrawal.

Right to object: You can object to the future processing of the data concerning you in accordance with Art. 21 GDPR at any time. You may object in particular against processing for direct marketing purposes.

Cookies & right to object to processing related to direct marketing: “Cookies” are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the content of a shopping basket in an online shop or a login status can be stored. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved when users visit it after several days. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”). We may use temporary and permanent cookies and clarify this within the framework of our Data Protection and Cookies Policy. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer. You can object to the future processing of the data concerning you in accordance with Art. 21 GDPR at any time. You may object in particular against processing for direct marketing purposes. A general objection to the use of cookies used for online marketing purposes can be declared for many of the services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.

Erasure of personal data: The data processed by us will be deleted or their processing restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this Data Protection and Cookies Policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons. According to legal requirements in Germany, the storage is carried out in particular for ten years in accordance with Section 147 para. 1 AO, Section 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and six years in accordance with Section 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).

Right to lodge a complaint with a supervisory authority: You have the right to lodge a complaint with any supervisory authority if you believe that the processing of data relating to you is illegal. The data protection supervisory authority responsible for delphai by AtomLeap GmbH is: Berliner Beauftragte für Datenschutz und Informationsfreiheit, Friedrichstr. 219, 10969 Berlin, Germany; email: mailbox@datenschutz-berlin.de.

From time to time, we may make changes to the privacy policy. This may be in relation to changes in the law, best practice or changes in our services. If we decide to change our privacy policy we will post the changes here. If the changes are significant, we may also choose to email all our registered users with the new details. If required by law, we will get your permission or give you the opportunity to opt-out of any new uses of your data.

Last updated: July 2021