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Data Privacy

Preface

Thank you for your interest in our website. We, COBE GmbH, take the protection of your personal data seriously and would like to inform you at this point about data protection in our company.

Within the scope of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") in order to ensure the protection of personal data of the person affected by a processing (we also address you as a data subject hereinafter with "customer", "user", "you", or "data subject").

Insofar as we decide either alone or jointly with others on the purposes and means of data processing, this includes above all the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (see Articles 13 and 14 GDPR). With this statement (hereinafter: "Privacy Notice"), we inform you about the manner in which your personal data is processed by us.

Our data protection notices have a modular structure. They consist of a general part for any processing of personal data and processing situations that come into play each time a website is called up (A. General) and a special part, the content of which relates in each case only to the processing situation specified there with the designation of the respective offer or product, in particular the visit to websites as detailed here (B. Visit to websites).

A. General

1. Definitions

Following Art. 4 GDPR, these data protection notices are based on the following definitions:

  • "Personal data" (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or sound recordings may also contain personal data).
  • "Processing" (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e., acquisition), recording, organization, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data.
  • "Controller" (Art. 4 No. 7 GDPR) means 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.
  • "Third party” (Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or processor, are authorized to process the personal data; this also includes other group-affiliated legal entities.
  • "Processor" (Art. 4 No. 8 GDPR) means a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller's instructions (e.g. IT service provider). In terms of data protection law, a processor is in particular not a third party within the meaning of Art. 4 No. 10 GDPR.
  • "Consent" (Art. 4 No. 11 GDPR) of the data subject means any freely given, informed and unambiguous expression of will in the form of a statement or other unambiguous affirmative act by which the data subject indicates that he or she consents to the processing of personal data relating to him or her.

2. Name and address of the controller

Responsible for the processing of your personal data within the meaning of Art. 4 No. 7 GDPR is:
‍
COBE GmbH
Hofmannstraße 7B
81379 Munich
Phone: +49 (0)89 997437050
E-mail: hello@cobeisfresh.com
‍
For further information on our company, please refer to the imprint details on our website https://www.cobeisfresh.com/legal-information.

3. Contact details of the data protection officers

If you have any questions or complaints, please contact one of our data protection officers using the following contact details:
‍
Responsible for COBE GmbH
Jörg F. Smid, DPL Consult, Hohe Bleichen 13, 20354 Hamburg, Germany.
info@dpl-consult.com

Responsible for COBE d.o.o.
Kovačević Prpić Simeunović d.o.o.Trg žrtava fašizma 610 000 Zagreb, Croatia.
+385 1 5576 575
info@kps-law.com

4. Legal basis of data processing

By law, any processing of personal data is in principle prohibited and only permitted if the data processing falls under one of the following justifications:

  • Art. 6 (1) p. 1 lit. a GDPR ("consent"): if the data subject has voluntarily, in an informed manner and unambiguously indicated by a statement or other unambiguous confirmatory act that he or she consents to the processing of personal data relating to him or her for one or more specific purposes;
  • Art. 6 (1) p. 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the data subject's request;
  • Art. 6 (1) p. 1 lit. c GDPR: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g., a legal obligation to keep records);
  • Art. 6 (1) p. 1 lit. d GDPR: If the processing is necessary to protect vital interests of the data subject or another natural person;
  • Art. 6 (1) p. 1 lit. e GDPR: If the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or
  • Art. 6 (1) p. 1 lit. f GDPR ("Legitimate Interests"): If the processing is necessary to protect the legitimate (in particular legal or economic) interests of the controller or a third party, unless the conflicting interests or rights of the data subject override (in particular if the data subject is a minor). 

5. Data deletion and storage period

Your data will only be processed for as long as it is necessary to achieve the processing purposes listed below.

In addition, data may be stored if a (threatened) legal dispute with you or other legal proceedings are pending, or if storage is required due to legal regulations to which we are subject as the controller (e.g. Section 257 HGB, Section 147 AO). These statutory retention periods can be up to 10 years.

6. Data security

We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties, taking into account the state of the art, implementation costs and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.

7. Recipients of the personal data; Cooperation with processors

We cooperate with our sister company COBE d.o.o., Ulica Hrvatske Republike 33, 31000 Osijek, Croatia. If it is necessary for the processing of your request, we also transfer your personal data to COBE d.o.o.

Like any large company, we also use external service providers in Germany and abroad to process our business transactions (e.g. for IT, logistics, sales and marketing). These service providers act exclusively on our instructions and have been contractually obliged by us to comply with data protection regulations in accordance as per Art. 28 GDPR.

8. Conditions for the transfer of personal data to third countries

As part of our business relationships, your personal data may be transferred to companies outside the European Economic Area (EEA), i.e. in third countries. The European Economic Area consists of the countries of the European Union as well as Norway, Iceland and Liechtenstein. We will inform you about the respective details of the transfer at the relevant points below.

Some third countries are certified by the European Commission as having a level of data protection comparable to the EEA standard through so-called adequacy decisions. When transferring personal data to other third countries, we ensure that data protection is adequately guaranteed. This is possible through binding corporate rules, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognized codes of conduct. Please contact our data protection officer (see A.3.) if you would like further information on this.

9. No automated decision making (including profiling)

We do not intend to use any personal data collected from you for any automated decision making process (including profiling).

10. No obligation to provide personal data.

For you as a customer, there is also basically no legal or contractual obligation to provide us with your personal data; however, it may be that we can only provide certain offers to a limited extent or not at all if you do not provide the data required for this, e.g. if you do not provide your contract details on our contact form.

11. Legal obligation to transmit certain data

We may, under certain circumstances, be subject to a specific legal or statutory obligation to provide lawfully processed personal data to third parties, in particular public bodies (Art. 6 (1) p. 1 lit. c GDPR).

12. Your rights

You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details given at the beginning of A. 2. As a data subject, you have the right

  • to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of data, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details. You also have the right to obtain a copy of the personal data that is the subject of the processing;
  • in accordance with Art. 16 GDPR, to demand the correction of incorrect data or the completion of your data stored by us without delay;
  • to demand the deletion of your data stored by us if the requirements of Art. 17 GDPR are met, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • in accordance with Art. 18 GDPR, to request the restriction of the processing of your data, insofar as the accuracy of the data is disputed by you or the processing is unlawful;
  • pursuant to Art. 20 GDPR, to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller ("data portability");
  • to object to the processing in accordance with Art. 21 GDPR, provided that the processing is based on Art. 6 (1) p. 1 lit. e or lit. f GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your objection, we will review the merits of the case and either discontinue or adjust the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing. If you object to direct marketing, we will immediately stop processing your personal data for direct marketing purposes;
  • to withdraw your consent at any time in accordance with Art. 7 (3) GDPR. As a result, we may no longer continue the data processing based on this consent in the future. The legality of processing your personal data in the past based on effective consent will not be affected by your withdrawal of consent;
  • to complain to a data protection supervisory authority about the processing of your personal data in our company in accordance with Art. 77 GDPR, e.g. to the data protection supervisory authority responsible for us, the Bavarian State Office for Data Protection Supervision, Promenade 18, 91522 Ansbach.

B. Purpose of processing by visiting our web pages

1. Explanation of function

You can obtain information about our company and the services we offer in particular at https://www.cobeisfresh.com/ together with the associated sub-pages (hereinafter collectively referred to as "websites"). When you visit our websites, personal data may be processed for the purposes explained below.

2. „Log Data”

When you visit our websites, a so-called protocol data record (so-called server log files) is stored temporarily and anonymously on our web server. This consists of:

  • the URL of the page that requested the page (so-called referrer URL)
  • the name and URL of the requested page
  • the date and time of the request
  • the description of the type, language and version of the web browser used
  • the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
  • the amount of data transferred
  • the operating system
  • the message whether the request was successful (access status/http status code)
  • the GMT time zone difference

3. Contact form data

When contact forms are used, the data transmitted as a result are processed (e.g. surname and first name, telephone number, e-mail address and the time of transmission).

Contact form data is processed for the purpose of handling customer inquiries. The legal basis is Art. 6 (1) lit. b or lit. a GDPR.

4. Newsletter

In addition to purely informational use of our website, we offer you the opportunity to subscribe to our newsletter, which we use to inform you about current developments in the field of user experience design and software development as well as events. If you subscribe to our newsletter, the following data will be collected, stored and processed by us:

  • the page from which the page was requested (so-called referrer URL)
  • the date and time of the request
  • the description of the type of web browser used
  • the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
  • the e-mail address
  • the date and time of registration and confirmation

We would like to point out that we evaluate your user behavior when sending the newsletter. For this evaluation, the e-mails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website. For the evaluations, we link the aforementioned data and the web beacons with your e-mail address and an individual ID. Links contained in the newsletter also contain this ID. The data is collected exclusively pseudonymously, i.e. the IDs are not linked with your other personal data, a direct personal reference is excluded.

The newsletter data is processed for the purpose of sending the newsletter. The legal basis for receiving the newsletter is your consent in accordance with Art. 6 para. 1 lit. a GDPR. We use the so-called double opt-in procedure to subscribe to our newsletter. This means that after you have registered, we will send you an email to the email address you have provided in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data. You can revoke your consent to receive the newsletter at any time and unsubscribe from the newsletter. You can declare your revocation by clicking on the link contained in every newsletter e-mail or by sending a message to the contact details given in the imprint.

5. Use of cookies, plugins and other services on our website

5.1 Cookies

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using by means of a characteristic character string and stored on your hard disk and through which certain information flows to the place that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer and therefore cannot cause any damage.

Cookies can contain data that makes it possible to recognize the device used. In some cases, however, cookies only contain information about certain settings that cannot be linked to a specific person.

A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. With regard to their function, a distinction is made between cookies:

  • Technical cookies: these are mandatory in order to navigate the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they store which web pages you have visited;
  • Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you - all information collected is anonymous and is only used to improve our website and find out what interests our users;
  • Advertising cookies, targeting cookies: these are used to provide the website user with tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;
  • Sharing cookies: these are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.

The use of cookies that are not absolutely technically necessary constitutes data processing that is only permitted with your express and active consent in accordance with Section 25 (1) of the Telecommunications Digital Services Data Protection Act (TDDDG) within the meaning of Art. 4 No. 11 GDPR. This applies in particular to the use of advertising, targeting or sharing cookies.In addition, we will only pass on your personal data processed by cookies to third parties if you have given us your express consent to do so in accordance with Art. 6 (1) sentence 1 lit. a GDPR.

5.2 Google Analytics

With your explicit consent, we use Google Analytics for this website, an internet analysis service of Google Ireland Ltd, Gordon House, Barrow Street Dublin 4, Ireland ("Google"). Google Analytics uses cookies and web beacons.

Cookie name and storage duration:

  • AMP_TOKEN: 1 hour
  • _ga: 2 years
  • _gac*: 3 months
  • _gat: 1 minute
  • _gid: 1 day

The information generated in connection with the use of this website is transferred by default to a Google server in the USA and stored there. We only use Google Analytics with IP anonymization activated. This means that Google will truncate the IP address of users within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area, thereby excluding any reference to persons.

Google will use this information on our behalf to evaluate your use of the website and to compile reports on website activity.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. The terms of use of Google Analytics and information on data protection can be accessed via the following links:

https://www.google.com/analytics/terms/us.html and at https://policies.google.com/privacy?hl=en

You can revoke your consent to the storage of cookies at any time. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at http://tools.google.com/dlpage/gaoptout?hl=en.

5.3 Google Tag Manager

This type of service helps us to centrally manage the tags or scripts required on this website. This results in user data being processed by these services, which may also result in this data being stored. Google Tag Manager is a tag management service provided by Google Ireland Ltd.

5.4 Google Fonts

Google Fonts is a typeface visualization service provided by Google Ireland Ltd. that allows this Website to incorporate content of this kind on its pages.

5.5 Google Maps

We use Google Maps API applications. Google Maps is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The use of Google Maps is intended to help you find us. When you use Google Maps, you will be taken to the Google Maps pages. Google collects your IP address and location data there. This data may also be processed by Google, Inc. in the USA. You can find Google's privacy policy at: https://policies.google.com/privacy?hl=en. You can find Google's terms of use, including Google Maps, at: https://policies.google.com/terms?gl=DE&hl=en.

5.6 LinkedIn Website Retargeting

We also maintain an online presence on LinkedIn, to which we link. LinkedIn is a service provided by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland (hereinafter: LinkedIn). Please note that LinkedIn offers its services and functionalities under its own responsibility. This applies in particular to the use of interactive functions, such as sharing.

When you visit, follow or engage with our LinkedIn page, LinkedIn processes personal data to provide us with anonymized statistics and insights. This gives us insights into the use of our LinkedIn page (so-called Page Insights). For this purpose, LinkedIn processes in particular data that you have already provided to LinkedIn via the information in your profile, such as information on function, country, industry, seniority, company size and employment status. In addition, LinkedIn processes information about how you interact with our LinkedIn company page, e.g. whether you are a follower of our LinkedIn company page. LinkedIn does not provide us with any personal data about you in this context. This processing of personal data in the context of Page Insights is carried out by LinkedIn and us as joint controllers. The purpose of this processing is that we have a legitimate interest in learning about the use of our LinkedIn page. The legal basis for this processing is Article 6(1)(f) GDPR. As we are joint controllers with LinkedIn for this processing, we have entered into an agreement with the joint controller which sets out the data protection obligations between us and LinkedIn. The agreement is available at: https://legal.linkedin.com/pages-joint-controller-addendum. You can exercise your rights under the GDPR against LinkedIn via the following link ( https://www.linkedin.com/help/linkedin/ask/PPQ?lang=de) online or via the contact details in LinkedIn's privacy policy. You can contact LinkedIn Ireland's Data Protection Officer at the following link: https://www.linkedin.com/help/linkedin/ask/TSO-DPO. You can also contact us at any time to exercise your rights using the contact details provided. In this case, we will forward your request to LinkedIn. In accordance to the agreement with the joint controller, the Irish Data Protection Commission is the lead supervisory authority for the processing of Page Insights. You can lodge a complaint with the Irish Data Protection Commission or another supervisory authority at any time.

Please note that according to the LinkedIn Privacy Policy, personal data is also processed by LinkedIn in the USA or other third countries. LinkedIn states that it only transfers personal data to countries for which an adequacy decision has been issued by the European Commission in accordance with Article 45 of the GDPR or on the basis of appropriate safeguards in accordance with Article 46 of the GDPR.

LinkedIn Website Retargeting is a remarketing and behavioral targeting service provided by LinkedIn Corporation that connects the activity of this Website with the LinkedIn advertising network.

Personal Data processed: Trackers and Usage Data.
Place of processing: United States – Privacy Policy – Opt Out.

Storage duration:

  • AnalyticsSyncHistory: 1 month
  • JSESSIONID: duration of the session
  • UserMatchHistory: 1 month
  • bcookie: 1 year
  • bscookie: 1 year
  • lang: duration of the session
  • lidc: 1 day
  • lissc: 1 year
  • lms_ads: 1 month
  • lms_analytics: 1 month

5.7 Other Social Media Links

Social networks (such as Facebook, Twitter, Instagram, Git Hub, Dribbble, etc.) are integrated on our website exclusively as redirect links to the website of the respective provider, to which you will be redirected immediately after clicking on the icon. User data is only transmitted by the respective provider when you are redirected to the provider's website. For information on how your personal data is handled, please refer to the provider's privacy policy on the respective website.

Status of this data protection policy: January 2024