Privacy policy on the use of the website

1. General information on data protection

This data protection notice applies to the use of the web pages of HLkomm Telekommunikations GmbH (hereinafter referred to as "TNB") at https://www.an.de, https://www.rechenzentrum-leipzig.de, https://www.rechenzentrum-ost-berlin.de, https://www.smart-infoscreen.de for the establishment and use of a telecommunications service contract with us and for the use of services of third party providers via the telecommunications connection provided by us (e.g. for 0800, 0180, 0900, 0137 services of third party providers). The information also applies to a contact or supplier relationship that you enter into with us or when ordering newsletters or advertising. The information also applies if we expressly refer to it elsewhere.

The responsible party for data processing is:

HLkomm Telekommunikations GmbH
Nonnenmühlgasse 1, 04107 Leipzig

Telephone: 0341 8697 0
Fax: 0341 8697 499
E-Mail: business@pyur.com

The contact details of our data protection officers is:

Sabine Pernikas
MORGENSTERN Rechtsanwaltsgesellschaft mbH
Große Himmelsgasse 1, 67346 Speyer
Telephone: 06232 1001 190
E-Mail: datenschutz@business.pyur.com

We (the "responsible body") value the protection of your personal information. Therefore, we would like to inform you here about our handling of your data and our data protection principles. We process personal data collected within the scope of this privacy policy in accordance with the applicable legal provisions on data protection and data security laws of the Federal Republic of Germany. For us as a telecommunications company, this is the TKG. As of 25.05.2018, data protection is also governed in particular by the EU General Data Protection Regulation (DSGVO) and the (new) BDSG issued for this purpose.

1.1. Data collection and origin of the data

We collect the data that you provide to us when using our websites.

In addition, we collect data within the scope of establishing and structuring a customer relationship with you as a customer of our telecommunications services as well as traffic data if you use our telecommunications services or the services of third parties (e.g. 0800, 0180, 0900, 0137, etc.) via the connection provided by us. In this case, we collect data to establish and maintain the connection or to provide the service, as well as for billing purposes.

If you use the services of third parties via the connection provided by us, we will bill you for the charges incurred for this together with our services, depending on the nature of the service, and in certain circumstances (e.g. a disruption in payment) we will communicate your name and address to the service provider you have chosen. The details depend on which service you use.

If you enter into a so-called "contact relationship" with us (inquiries or offers for services, newsletter registration), conclude supplier contracts with us or apply for a job with us, we collect and process this data - insofar as this is necessary or appropriate according to Art. 6 lit. f) DSGVO.

In addition, we continue to collect data from publicly available sources (e.g. commercial register, your websites, press articles, etc.) and obtain data from credit agencies within the scope of permissibility according to Art. 6 lit f) DSGVO.

Personal data that we collect and store in this way may be:

IP address and usage data when retrieving website content;
Name and address and other contact data (telephone numbers, E-Mail address, fax number, etc.), registration numbers, names and addresses of authorized representatives, account information and the corresponding data of the responsible contact persons of you as a customer of our services;
Other inventory or product data as well as traffic and billing data within a customer relationship, such as products and rates selected, services charged (connections), payment data;
Name and contact data within the scope of the establishment and processing of a contact relationship or a supplier relationship.
Name and mail address when registering for the newsletter as well as shipping information for the respective newsletters.
Information that we receive from credit agencies on the basis of Art. 6 para. 1 lit f) DSGVO.

All personal data is only collected within the scope of a legal permission or if you have given us your consent.

1.2. Use and disclosure of personal data in general

We use your personal data to enable you to use our website. In addition, processing and transmission may take place when you use our websites, insofar as you use social network services and for anonymized analysis (e.g. Google Analytics), see in detail section 7.

We generally use your personal data to establish and fulfill a contract with you as a service provider and for billing purposes.

If you use our telecommunications network by means of a call or a connection, we use your data to enable this use and to bill you. Data may be transferred to other network operators or providers of telecommunications services if this is necessary for the service selected by you as the user, e.g., for the delivery of connections to other destination networks or the receipt of connections for your line from other source networks. In addition, data is exchanged with connection network operators if you use services that are implemented in a so-called connection network (e.g. 0800, 0180, 0900, 0137 services, etc.), insofar as this is necessary for the provision of the respective service and its billing as well as the collection of the fee. In this context, it may be necessary for us to exchange your data with the respective service provider selected by you, for example in cases of disrupted payments.

If you enter into a contact, supplier or application relationship with us, we use your data in order to establish and fulfill this relationship or to process it and, if necessary - insofar as relevant - to bill you.

In addition, we use data that has lawfully become known to us for the purpose of advertising by mail and also by e-mail or telephone, provided that you have specifically and effectively consented to this.

Overall, it may also be necessary for us to pass on your data to external service providers within the framework of order processing. In addition, we may exchange data with credit agencies within the permission of Art. 6 para. 1 lif ) DSGVO, if this is necessary or appropriate for the establishment of a contract or the enforcement of claims. We will not sell or otherwise market your personal data to third parties.

Data transfers to third countries arise in the context of the administration, development and operation of IT systems and only insofar as a) the transfer is permissible in principle and b) the special conditions for a transfer to a third country exist, in particular the data importer guarantees an adequate level of data protection in accordance with the EU standard contractual clauses for the transfer of personal data to processors in third countries. This is based on the provisions of the DSGVO, the Federal Data Protection Act and the Telemedia Act. A transfer may also occur when using our websites, see in detail item 7.

2. Data processing purposes

We process the aforementioned personal data in accordance with the provisions of the DSGVO and the Federal Data Protection Act (BDSG) and - where applicable - the TKG:

2.1. For the fulfillment of contractual or pre-contractual obligations (Art. 6 para. 1 lit. b) DSGVO

The processing of personal data is carried out for the use of our website by you, for the fulfillment of a contract with you as a customer, in the use of our network and in the event of a contact or application relationship. The purposes of the data processing and the necessity are primarily based on the purpose specifically determined by the aforementioned legal relationships.

In the context of a contract with you as a customer, this includes in particular the establishment, structuring, fulfillment, consultation and billing of such a contract together with the services used by you as well as the exchange of personal data with business partners who are required to be involved (e.g., issuing or receiving network operators when switching providers, data exchange with interconnection partners). When using our network, we also exchange data accordingly with other network operators, insofar as this is necessary to establish and maintain the connection or to provide the requested service, as well as for billing and invoicing, including collection of receivables. This also includes storing data on payment behavior. We need this data in order to be able to carry out the dunning process or a possible blocking.

Processing also takes place in order to process your inquiries and to initiate customer relations or a comparable contact relationship, as well as in the case of job applications.

For the aforementioned purposes, it may also be necessary for us to pass on your data to group companies or external service providers, in each case within the framework of order processing.

2.2. Processing in the context of a balancing of interests (Art. 6 para. 1 lit f. DSGVO)

As far as necessary for our purposes, we process your data beyond the actual fulfillment of the preliminary contract or agreement to protect legitimate interests of us or third parties, unless your interests in not having the data processed outweigh this:

Anonymization of IP addresses when using our website for statistical purposes, data security and optimization of our website.
Possible measures for the data security of our website, such as in particular the storage of IP addresses, insofar as the concrete threat situation makes this appear appropriate.
Establishment and fulfillment of contact relationships within the scope of expediency
Processing of applications within the scope of expediency.
Recovery of outstanding debts; here we work together with reliable partners, see point 6.
Postal advertising, unless you object to this.

2.3. Processing within the scope of your consent (Art. 6 para. 1 lit a) DSGVO)

If you give us consent to process personal data for a specific purpose in accordance with existing requirements, we process this data within the consent.

2.4. Processing due to legal requirements (Art. 6 para. 1lit c) DSGVO)

We process your personal data insofar as we are subject to a legal obligation, such as statutory retention obligations or information or monitoring obligations to state institutions within the scope of the law.

3. Data transfer to third parties

Within our company, your data will be accessed by the persons entrusted with its processing within the scope of necessity or reasonable expediency. Within our group of companies, your data will be transferred to certain companies if they perform data processing tasks centrally for the companies affiliated in the group (e.g. accounting, legal department, purchasing).

Service providers and vicarious agents employed by us may also be given access to the personal data for these purposes if they comply with our written instructions under data protection law as well as the general data secrecy within the scope of commissioned processing and - if applicable - maintain the secrecy of telecommunications.

In addition, in the course of implementing services in our network, data is exchanged with the network operators involved and other service providers in accordance with the TKG, in particular in the event of a change of provider and the establishment and holding of connections across network boundaries, as well as for billing purposes and the collection of receivables. This transmission shall only take place within the scope of necessity, as prescribed in §§ 95 et seq. TKG. The details of data exchange and data processing depend on the type of service used. If you use the services of third parties via the connection provided by us, you will receive further details from these third parties. Since we are not aware in advance of the possible third party providers using them via our connection, we cannot provide you at this point with any specific information about the address at which you can reach your respective third party service provider.

In particular, we will not transmit any personal data to third parties for the purposes of advertising or address trading. When using our websites, data may be transmitted to Google and the providers of social networks, see section 7.

4. Data transfer to a third country or to international organizations

A data transfer to countries outside the EU or the EEA ("third country") only takes place as far as this is necessary for the execution of the contractual relationship (contract with the service provider or for the use of the services realized in our network). In the case of other contractual relationships, such as a contact relationship or an application, such data transfer only takes place for the fulfillment of this contractual relationship or insofar as this is exceptionally appropriate due to a legitimate interest. The same applies to the use of our web pages from locations outside the EU or the EEA. When using our website, data may be transmitted to Google and the providers of social networks, see section 7.

5. Duration of data storage

In the context of web page usage, we store the IP address and usage data for the duration of the usage process. In addition, the IP address is stored insofar as this is appropriate for data security and clarification or prevention of security or data protection violations, whereby the appropriateness depends on the specific threat situation. In this case, the IP addresses will only be stored for as long as is reasonable for the aforementioned purposes, generally not beyond three months. In the event of criminal charges or criminal prosecution or the enforcement of claims against persons who carry out security or data protection violations, the data may be stored and used until final clarification or enforcement of the claims. When using our website, data may also be transmitted to analytics services and social network providers, see section 7.

In order to establish, form and fulfill a contract with you as a customer of telecommunications services, we store the data until the end of the contract and beyond, namely until the end of the calendar year following the year in which the contract is terminated. When this period expires, the data is not deleted, but blocked, as we are required by commercial and tax law to store the data for up to 10 years. This storage also applies to the invoice totals. Specifically for the accruing individual connections and the resulting billing data, we store this data for a period of six calendar months, insofar as this is necessary for billing purposes with you or other network operators or service providers. If you, as the debtor, raise objections in due time, the data will be stored until the objections have been clarified or the debt has been collected. Further storage will only take place in exceptional cases if this is permitted under the TKG (e.g., troubleshooting, clarification and prevention of misuse).

In the context of a contact relationship, the contact data as well as the communication data will be stored and used as far as this is necessary for the respective communication purpose or appropriate within the scope of reasonableness.

In the context of an application relationship, the contact data as well as the application data will be stored and used insofar as this is necessary for the respective application purpose or appropriate within the scope of reasonableness. If the application is not granted, the data will be deleted within two months after notification of the rejection, provided that no other legitimate interests of the controller conflict with such deletion. Other legitimate interest in this sense is, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (AGG).

If you register for the newsletter or a competition with us, your data will be stored and used until you unsubscribe from the newsletter or we cancel the newsletter. Your consent and the information about the previous sending remain stored until the statute of limitations of possible injunctive relief on your part, but we no longer use the data for the further sending of newsletters. The details on data processing result from the respective competition.

6. Recovery of outstanding receivables

Insofar as the recovery of an outstanding debt becomes necessary as a result of the contractual relationship or in any other way within the framework of the exercise of our legitimate interests - and the interests of the fundamental rights and freedoms of the data subject, which require the protection of personal data, do not outweigh this - we shall alternatively commission one of the following legal entities with the recovery:

Sachsen Inkasso, Inhaber Marco Boy
Neumarkt 29-33, 04109 Leipzig
Prodefacto Forderungsmanagement GmbH
Am Landgericht 2, 49074 Osnabrück
Geschäftsführer: Christoph Overmann.

The data required for collection shall be transmitted to the legal entity commissioned in each case. The legal basis is Article 6(1)(b) and Article 6(1)(f) of the DSGVO and Section 95(5) of the TKG. For further information on data processing at the legal entities mentioned, please contact them at the address given in each case.

7. Special data processing for website use

7.1. Automatically collected information for web analysis

For technical reasons, your Internet browser automatically transmits data to the web server when you access the site. This data may be collected for marketing and optimization purposes in addition to service provision.

7.2. Cookies

The Internet pages partly use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, more effective and safer. Cookies are small text files that are stored on your computer and saved by your browser. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If you disable cookies, the functionality of this website may be limited.

Services Cookies:

Measurement Cookies:

We may also use cookies to measure the use of our services ("web audience measurement"). Exclusively we take this measurement and evaluate this data for measurement. These cookies remain stored on your terminal device until you delete them or the deletion period set by us is reached. These cookies allow us to recognize your browser on your next visit. In addition to the pages visited and the time of retrieval, information about the type and technical specifications of your end device is also recorded.

If you do not wish your activities to be recorded, you can use the "Do-Not-Track" setting of your web browser. If you have activated this setting, no usage data about your visit will be stored.

7.3. Google Analytics

Our websites may use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. However, due to IP anonymization on this website, your IP address will be truncated beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. Google uses pseudonyms for this purpose. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google.

7.4. Adobe Analytics (Omniture)

This website uses Adobe Analytics, a web analytics service provided by Adobe Systems Software Ireland Limited ("Adobe"). Adobe Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. If the information generated by the cookie about the use of the website is transmitted to a server of Adobe, then the settings ensure that the IP address is anonymized before geolocation and replaced by a generic IP address before storage.

On behalf of the operator of this website, Adobe will use this information for the purpose of evaluating the use of the website by users, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Adobe Analytics is not merged with other Adobe data. You can prevent the storage of cookies by selecting the appropriate settings in your browser software. However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Adobe and the processing of this data by Adobe by downloading and installing the browser plug-in available at the following link: adobe.com/de/privacy/opt-out.html.

8. What data protection rights can you assert as a affected party?

You have the right to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you can request information about the processing purposes, the category of personal data, the 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 of complaint, the origin of your data if it has not been collected by us, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its details.

In accordance with Art. 16 DSGVO, you can immediately request the correction of incorrect or completion of your personal data stored by us. Pursuant to Art. 17 DSGVO, you have the right to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.

Pursuant to Art. 18 DSGVO, you have the right to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer need the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO.

Pursuant to Art. 20 DSGVO, you have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller.

In accordance with Art. 7 (3) DSGVO, you have the right to revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future.

Right of objection

You have the right to object to the processing of your personal data for direct marketing purposes without giving reasons. If we process your data to protect legitimate interests, you may object to this processing on grounds relating to your particular situation. We will then no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.

9. Where can you file a complaint?

You also have the right under Article 77 DSGVO to complain to a supervisory authority about the processing of your personal data by us.