Data Protection

As of October 2022

Name and address of the person responsible
Contact details of the data protection officer
General information on data processing
Rights of the data subject
Provision of the website and creation of log files
Use of cookies
Email contact
Contact form
Application by email and application form
Company presences in career-oriented networks
Hosting
Content Delivery Networks

I) Name and address of the person responsible

The responsible person within the meaning of the General Data Protection Regulation (GDPR) and other data protection regulations is:

NYALA Digital Asset AG
Uhlandstr. 32
10719 Berlin
Germany
Tel. : 030403631840
E-mail: info@nyala.de
Website: www.nyala.de

II) Contact details of the data protection officer

The data protection officer of the data controller is:

Secjur GmbH
Niklas Hanitsch
Steinhöft 9
20459 Hamburg
+49 40 228 599 520
Website: dsb@secjur.com

III) General information on data processing

Scope of the processing of personal data
As a matter of principle, we only process personal data of our users insofar as this is necessary for the provision of a functional website as well as our contents and services. The processing of personal data of our users is regularly only carried out after the consent of the user. An exception applies in those cases in which obtaining prior consent is not possible for actual reasons and the processing of the data is required by legal regulations.
Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) sentence 1 lit. a GDPR serves as the legal basis.

When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) sentence 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfilment of a legal obligation to which our company is subject, Art. 6 (1) sentence 1 lit. c GDPR serves as the legal basis.

In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 (1) sentence 1 lit. d GDPR serves as the legal basis.

If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) sentence 1 lit. f GDPR serves as the legal basis for the processing.
Data deletion and storage period
The personal data of the data subject shall be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a necessity for the continued storage of the data for the conclusion or fulfilment of a contract.

IV) Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller:

Right to information
You may request confirmation from the controller as to whether personal data concerning you are being processed by him.

If there is such processing, you can request information from the controller about the following:
– the purposes for which the personal data are processed;
– the categories of personal data which are processed;
– the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
– the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage duration;
– the existence of a right to rectify or erase personal data concerning you, a right to have processing restricted by the controller or a right to object to such processing;
– the existence of a right of appeal to a supervisory authority;
– any available information on the origin of the data if the personal data are not collected from the data subject;
– the existence of automated decision-making, including profiling, pursuant to Art. 22 (1) and (4) of the GDPR and, at least in these cases, – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information on whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 of the GDPR in connection with the transfer.
Right of rectifation
You have a right of rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
Right to restriction of processing
You may request the restriction of the processing of personal data concerning you under the following conditions:

– if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
– the processing is unlawful and you refuse to erase the personal data and instead request the restriction of the use of the personal data;
– the controller no longer needs the personal data for the purposes of processing, but you need it for the assertion, exercise or defence of legal claims, or
– if you have objected to the processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.

Where the processing of personal data relating to you has been restricted, those data may be processed, with the exception of their storage, only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.

If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
Right to erasure
a) Obligation to delete
You may request the controller to erase the personal data concerning you without delay and the controller is obliged to erase this data without delay if one of the following reasons applies:

1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
2) You revoke your consent on which the processing was based pursuant to Art. 6 (1) sentence 1 lit. a or Art. 9 (2) lit. a GDPR and there is no other legal basis for the processing.
3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
4) The personal data concerning you has been processed unlawfully.
5) The deletion of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
6) The personal data concerning you was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 (1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to, or copies or replications of, that personal data.

c) Exceptions
The right to erasure does not exist insofar as the processing is necessary
– to exercise the right to freedom of expression and information.
– for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
– for reasons of public interest in the area of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) of the GDPR, where the right referred to in Section a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing, or- for the assertion, exercise or defence of legal claims.
Right to information
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data concerning you have been disclosed, unless this proves impossible or involves a disproportionate effort

You have the right to be informed of these recipients by the controller.
Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that

a) the processing is based on consent pursuant to Art. 6 (1) sentence 1 lit. a GDPR or Art. 9 (2) lit. a GDPR or on a contract pursuant to Art. 6 (1) sentence 1 lit. b GDPR and
b) the processing is carried out with the aid of automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transferred directly from one controller to another controller, insofar as this is technically feasible. This must not affect the freedoms and rights of other persons.

The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Right of objection
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 (1) sentence 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

You have the possibility, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise your right to object by means of automated procedures using technical specifications.
Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
Automated decision in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
a) is necessary for the conclusion or performance of a contract between you and the responsible person,
b) is authorised by legislation of the Union or the Member States to which the controller is subject and that legislation contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or
c) is done with your express consent.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.

V) Provision of the website and creation of log files

Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:
– Information about the browser type and version used
– The operating system of the user
– The IP address of the user
– Date and time of access
– Websites from which the user’s system accesses our website
– Websites that are accessed by the user’s system via our website

This data is stored in the log files of our system. This data is not stored together with other personal data of the user.
Purpose of the data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.

The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimise the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

These purposes are also our legitimate interest in data processing according to Art. 6 (1) sentence 1 lit. f GDPR.
Legal basis for the data processing
The legal basis for the temporary storage of the data and the log files is Art. 6 (1) sentence 1 lit. f GDPR.
Duration of the storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

In the case of storage of data in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that an assignment of the calling client is no longer possible.
Possibility of objection and removal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. The user can object to this. Whether the objection is successful is to be determined within the framework of a balancing of interests.

VI) Use of cookies

Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user calls up a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.

The following data is stored and transmitted in the cookies:

– Language settings
– Use of website functions

The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user without the inclusion of additional information. The data is not stored together with other personal data of the users.
Purpose of the data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

We need cookies for the following applications:
– Adoption of language settings
– Use of website functions

The user data collected through technically necessary cookies are not used to create user profiles.
Legal basis for the data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) sentence 1 lit. f GDPR.
Duration of storage, possibility of objection and elimination
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website to their full extent.

If you use a Safari browser from version 12.1, cookies are automatically deleted after seven days. This also applies to opt-out cookies, which are set to prevent tracking measures.

VII) Email contact

Description and scope of data processing
On our website, it is possible to contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be stored.

The data is used exclusively for processing the conversation.
Purpose of the data processing
In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.
Legal basis for the data processing
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 (1) lit. f GDPR. If the email contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR.
Duration of the storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by email, this is the case when the respective conversation with the user has ended. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
Possibility of objection and removal
If the user contacts us by email, he or she can object to the storage of his or her personal data at any time by emailing legal@nyala.de. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

VIII) Contact form

All personal data stored in the course of contacting us will be deleted in this case.
Our website contains a contact form that can be used for electronic contact. If a user uses this option, the data entered in the input mask is transmitted to us and stored.

The following data is stored at the time the message is sent:
– Email adress
– Telephone / mobile phone number
– Name
– First name
– IP address of the calling computer
– Date and time of contact
– Message content

Alternatively, it is possible to contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be stored.

The data is used exclusively for processing the conversation.
Use of Pipedrive
We also use features of Pipedrive as our CRM tool to process and store your contact information from the provider, Pipedrive Inc, 490 1st Ave South, Suite 800 St. Petersburg, FL 33701, USA. In order to be able to process and respond to your requests and messages as quickly as possible, we have connected our contact form with our customer relationship management tool (“CRM tool”) Pipedrive. The data transmitted when filling out the form is sent to Pipedrive and stored there on
Pipedrive servers.

Further information on the processing of your data by Pipedrive can be found here:

https://www.pipedrive.com/en/privacy

When using Pipedrive, personal data may be transferred to the USA. The United States of America does not offer an adequate level of data protection based on a decision of the European Union. The main risk of the transfer lies in the obligation of the service provider to make user data accessible to American authorities under certain circumstances. There is currently an order processing agreement with Pipedrive with standard contractual clauses to make the third-country transfer as data protection-friendly and secure as possible. Adaptations to the ECJ ruling of 16.07.2020 (Schrems II, ref. C-311/18) including additional security measures are currently being sought by us. A copy of the standard data protection clauses can be requested by sending us an informal email.
Purpose of the data processing
The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact via the contact form, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
Legal basis for the data processing
The legal basis for the processing of data transmitted in the course of sending a contact form is Art. 6 (1) sentence 1 lit. f GDPR. If the contact via the contact form aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) sentence 1 lit. b GDPR.
Duration of the storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
Possibility of objection and removal
If the user contacts us via the contact form, he or she can object to the storage of his or her personal data at any time by sending an email to legal@nyala.de. In such a case, the conversation cannot be continued.

All personal data stored in the course of contacting us will be deleted in this case.

IX) Application by email and application form

Scope of the processing of personal data
Our website contains an application form that can be used for electronic applications. If an applicant uses this option, the data entered in the input mask will be transmitted to us and stored. These data are:
– Salutation
– First name
– Name
– Adress
– Telephone / Mobile phone number
– Email adress
– Salay expectation
– Information on education and schooling
– Language skills
– Curriculum vitae
– Testimonial
– Photo (if provided voluntarily by the applicant)

Alternatively, you can also send us your application by email. In this case, we will collect your email address and the data you provide in the email.

After sending your application, you will receive a confirmation of receipt of your application documents by email from us.

Your data will not be passed on to third parties. The data will only be used for processing your application.
Purpose of the data processing
The processing of personal data from the application form is solely for the purpose of processing your application. In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the submission process serve to prevent misuse of the application form and to ensure the security of our information technology systems.
Legal basis for the data processing
The legal basis for the processing of your data is the initiation of a contract at the request of the data subject, Art. 6 (1) sentence 1 lit. b Alt. 1 GDPR and Sec. 26 (1) sentence 1 of the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG).

The legal basis for the processing of data in the context of inclusion in the applicant pool is Art. 6 (1) sentence 1 lit. a GDPR if the applicant has given his or her consent.
Duration of the storage
After completion of the application process, the data will be stored for up to six months. Your data will be deleted after the six months at the latest. In the event of a legal obligation, the data will be stored within the framework of the applicable provisions.

The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
Possibility of objection and removal
The applicant has the option to object to the processing of personal data at any time by sending an email to jobs@nyala.de. If the applicant contacts us by email, he/she can object to the storage of his/her personal data at any time. In such a case, the application can no longer be considered.

If the applicant has been included in our applicant pool, he/she has the right to revoke his/her consent to the processing of his/her personal data at any time.

All personal data stored in the course of electronic applications will be deleted in this case.

X) Company presences in career-oriented networks

Scope of data processing
We use the possibility of company presences on professional networks. We maintain a company presence on the following professional network:

LinkedIn:
LinkedIn, Unlimited Company Wilton Place, Dublin 2, Ireland

To ensure appropriate safeguards for the protection of the transfer and processing of personal data outside the EU, so-called standard contractual clauses (Art. 46 (2) sentence 1 lit. c GDPR) have been concluded with LinkedIn.

On our site, we provide information and offer users the opportunity to communicate.

The company website is used for applications, information/PR and active sourcing.

We do not have any information on the processing of your personal data by the companies jointly responsible for the corporate presence. You can find more information on this in the privacy policy of:

LinkedIn:
https://www.linkedin.com/legal/privacy-policy

If you carry out an action on our company website (e.g. comments, posts, likes, etc.), you may make personal data (e.g. clear name or photo of your user profile) public.
Legal basis for the data processing
The legal basis for the processing of your data in connection with the use of our company website is Art.6 (1) sentence 1 lit. f GDPR.

The legal basis for the processing of your data in connection with the use of our company website for the application procedure is Art. 6 (1) sentence 1 lit. b Alt. 1 GDPR and Sec. 26 (1) sentence 1 BDSG.
Purpose of the data processing
Our company website serves to inform users about our services. In doing so, every user is free to publish personal data through activities.
Duration of the storage
We store your activities and personal data published via our corporate website until you object to the processing. In addition, we comply with the statutory retention periods.
Possibility of objection and removal
You can object at any time to the processing of your personal data that we collect in the course of your use of our company website and assert your data subject rights as stated under IV. of this data protection declaration. To do so, send us an informal email to the email address stated in this data protection declaration.

You can find more information on objection and removal options here:

LinkedIn:
https://www.linkedin.com/legal/privacy-policy

XI) Hosting

The website is hosted on servers of a service provider commissioned by us.

Our website provider is:

Amazon Web Services, Inc.
410 Terry Avenue North
Seattle WA 98109
United States

Amazon Web Services, Inc. is a corporation formed and registered under the laws of the State of Delaware. Registration Number: 4152954, Secretary of State, State of Delaware. Tax Identification Number: 204938068; Authorised Representative: Associate General Counsel, EMEA.

The servers automatically collect and store information in so-called server log files, which your browser automatically transmits when you visit the website. The information stored is:
– Browser type and version
– Operating system used
– Referrer URL
– Host name of the accessing computer
– Date and time of the server request
– IP address

This data is not merged with other data sources. The collection of this data is based on Art. 6 (1) lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this purpose, the server log files must be collected.

The location of the website’s server is geographically in Germany. However, your data will also be processed in the United States by Amazon Web Services. To ensure appropriate safeguards for the protection of the transfer and processing of personal data outside the EU, the transfer of data to and processing of data by Amazon Web Services is carried out on the basis of appropriate safeguards pursuant to Art. 46 et seq GDPR, in particular by concluding so-called standard data protection clauses pursuant to Art. 46 (2) lit. c GDPR.

XII) Content Delivery Networks

Amazon CloudFront

Description and scope of data processing
On our website, we use functions of the content delivery network Amazon CloudFront of Amazon Web Service Inc., 410 Terry Avenue North, Seattle WA 98109, USA (hereinafter referred to as: Amazon CloudFront). A Content Delivery Network (CDN) is a network of regionally distributed servers connected via the Internet to deliver content – especially large media files such as videos. Amazon CloudFront provides web optimisation and security services that we use to improve the load times of our website and to protect it from misuse. When you visit our website, a connection is made to Amazon CloudFront’s servers, for example, to retrieve content. This may result in personal data being stored and analysed in server log files, in particular user activity (especially which pages have been visited) and device and browser information (especially the IP address and operating system).Further information on the collection and storage of data by Amazon CloudFront can be found here:

https://aws.amazon.com/de/privacy/
Purpose of the data processing
The use of Amazon CloudFront features is designed to deliver and accelerate online applications and content.
Legal basis for the data processing
The collection of this data is based on Art. 6 (1) lit. f GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimisation of its website – for this purpose, the server log files must be collected.
Duration of the storage
Your personal information will be retained for as long as is necessary to fulfil the purposes described in this Privacy Policy or as required by law.
Possibility of objection and removal
For information on opting out and opting into Amazon CloudFront, please visit:

https://aws.amazon.com/de/privacy/

This privacy policy was created with the support of DataGuard.