Privacy Policy

1. Definitions

The data protection declaration of Nightale™ 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: Any information relating to an identified or identifiable natural person (“data subject”).
• b) Data subject: Any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
• c) Processing: Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means.
• d) Restriction of processing: The marking of stored personal data with the aim of limiting their processing in the future.
• e) Profiling: 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.
• f) Pseudonymisation: 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.
• g) Controller: 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.
• h) Processor: A natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
• i) Recipient: A natural or legal person, public authority, agency or another body, to which the personal data are disclosed.
• j) Third party: 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: Any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she signifies agreement to the processing of personal data.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

3. Collection of general data and information (Hosting)

The website of Nightale™ 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 (referrer), (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.

Hosting with Cloudflare Pages

We host our website with Cloudflare Pages. The provider is Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA.

Cloudflare acts as a Content Delivery Network (CDN) and security service provider. When you access our website, a connection is established to Cloudflare's servers. In this process, your IP address and potentially other technical data are transmitted to Cloudflare to ensure the security and speed of the website (Art. 6(1) lit. f GDPR). Data transfer to the USA is based on the EU Commission's Standard Contractual Clauses.

4. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period expires, the personal data are routinely blocked or erased in accordance with legal requirements.

5. Rights of the data subject

Each data subject shall have the following rights granted by the European legislator:

• a) Right of confirmation: To obtain confirmation as to whether or not personal data concerning him or her are being processed.
• b) Right of access: To obtain free information about his or her personal data stored at any time and a copy of this information.
• c) Right to rectification: To obtain without undue delay the rectification of inaccurate personal data.
• d) Right to erasure (Right to be forgotten): To obtain the erasure of personal data concerning him or her without undue delay, as long as the processing is not necessary.
• e) Right of restriction of processing: To obtain restriction of processing where specific conditions apply (e.g., accuracy is contested).
• f) Right to data portability: To receive the personal data in a structured, commonly used and machine-readable format.
• g) Right to object: To object, on grounds relating to his or her particular situation, at any time, to processing of personal data based on Art. 6(1) lit. e or f GDPR.
• h) Automated decision-making/Profiling: Not to be subject to a decision based solely on automated processing.
• i) Right to withdraw consent: To withdraw his or her consent to processing of his or her personal data at any time.

If a data subject wishes to exercise these rights, he or she may, at any time, contact us.

6. Data protection for applications

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically (e.g. via email). If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure (e.g. burden of proof under the General Equal Treatment Act).

7. Data protection provisions regarding the application and use of Roblox content

The controller has integrated components (images/thumbnails) of the Roblox platform on this website. Roblox is an online platform of the Roblox Corporation, 970 Park Place, Suite 100, San Mateo, California 94403, USA.

For the purpose of displaying our portfolio, we load graphics directly from Roblox servers. With every single call-up to our website that contains such a graphic, the browser of the data subject establishes a direct connection to Roblox. As part of this technical procedure, Roblox receives knowledge of which specific sub-page of our website is visited by the data subject (by transmitting the IP address). This is technically necessary to display the images.

The use is based on Art. 6(1) lit. f GDPR (Legitimate interest in the appealing presentation of the offer). Further information on data protection at Roblox can be found at https://en.help.roblox.com/hc/en-us/articles/115004630823.

8. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent. If the processing is necessary for the performance of a contract, the processing is based on Art. 6(1) lit. b GDPR. The same applies to pre-contractual measures. Legal obligations (e.g. tax) are based on Art. 6(1) lit. c GDPR. Vital interests are based on Art. 6(1) lit. d GDPR.

Finally, processing operations could be based on Art. 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.

9. Legitimate interests pursued by the controller

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

10. Period for which the personal data will be stored

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.

11. Provision of personal data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions. 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 one of our employees.

12. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.