Data and privacy policy

June 2023

Pomfort GmbH (hereinafter: “Pomfort”), the operator of this website and its pages, takes the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Privacy Policy.

  1. Responsible party

    The responsible party, pursuant to Art. 4 (7) of the European Data Protection Regulation (GDPR), is:

    Pomfort GmbH
    Kapuzinerstraße 9, 80337 Munich
    Germany
    Phone: +49 89 3303571-0
    E-mail: contact@pomfort.com

    If you have any concerns regarding data protection, you can contact us at any time using the contact details above.

  2. Legal basis, purpose and duration of data processing

    a. Use of our website

    Each time our website is accessed, our system automatically processes the following data and information from the computer system of the accessing computer:

    • Type and version of browser used
    • Used operating system
    • Referrer URL
    • Hostname of the accessing computer
    • Time of the server inquiry
    • IP address

    The processing of the aforementioned data is technically necessary and is carried out in order to provide you with our website. For this reason, the user's IP address must be stored for the duration of the session. In addition, we use the aforementioned data for the technical optimization of the website and to ensure the security of our information technology systems. We have a legitimate interest in providing a technical error-free and optimized website. In order to achieve this, the aforementioned data must be processed. The legal basis for the processing is Art. 6 (1) lit. f GDPR (legitimate interest).

    b. Contact

    If you contact us via e-mail, mail or telephone, we process the data you provide (e.g. your e-mail address and the content of your inquiry) to answer your question. If you contact us via our contact form, we process the following data: name and e-mail address and the content of your inquiry. The processing of these data is based on Art. 6 (1) lit. b GDPR, if your request is related to a contract you have with us or if it is necessary to carry out pre-contractual measures. In all other cases, the processing is based on our legitimate interest, Art. 6 (1) lit. f GDPR. In the latter case, our legitimate interest is to respond to your request in a reasonable manner.

    c. Newsletter

    On our website, we provide the possibility to subscribe to our newsletter. If you have given us your consent, we will inform you regularly about current productions, products, events and other news from our company. To subscribe to the newsletter, you have to click on the button in the corresponding newsletter registration form. A confirmation e-mail which asks you again for your consent will be sent to your e-mail address (“double opt-in procedure”). We then process your e-mail address you confirmed when you registered, your name and your country. The legal basis for the processing described above is Art. 6 (1) lit. a GDPR (processing based on consent). You can revoke your consent and unsubscribe from the newsletter at any time. After revoking your consent, you will no longer receive newsletters from us. To revoke your consent, you can click the unsubscribe link included in each newsletter. Your data will be stored until you unsubscribe from the newsletter service and will then be deleted from the newsletter distribution list. After you unsubscribe from the newsletter distribution list, your e-mail address may be stored by us or the newsletter service provider in a blacklist, if such action is necessary to prevent future mailings. The data from the blacklist is used only for this purpose and not merged with other data. This serves both your interest and our interest and therefore constitutes the legal basis to process the aforementioned data in the meaning of Art. 6 (1) lit. f GDPR. The storage in the blacklist is indefinite. You may object to the storage if your interests outweigh our legitimate interest.

    d. Account creation

    You can create a Pomfort Account on our website to manage your use of our products and services. A Pomfort-Account is necessary to use some of our products and services, especially ShotHub. We process the following data when you create your Pomfort Account: First name, last name, e-mail address and password. The processing of these data is necessary for the fulfillment of a contractual relationship with you or for the performance of corresponding pre-contractual measures. The legal basis for the processing described above is therefore Art. 6 (1) sentence 1 lit. b GDPR.

    e. Products and services

    When you acquire a license or subscription to use our services or products directly from us, we may process data to manage your order, to grant you a license and to provide you with access to our products and services. For this reason we process the following data: first and last name, address, company, phone number, e-mail address. When you use our products and services that are web-based (especially ShotHub), we process the following data in the context of the use of our products and services: First name, last name, e-mail address. The processing of the aforementioned personal data is necessary for the fulfillment of the contract that you have concluded or want to conclude with us regarding the use of our services and products. The legal basis for the processing is therefore Art. 6 (1) sentence 1 lit.b GDPR.

    f. Cookies

    When you use our website, cookies are stored on your computer or end device (e.g. smartphone, tablet). Cookies are small text files that store information about the use of our website (e.g. web pages visited, number of visits, visiting times, time spent on individual pages, browser used, operating system used, etc.) on your device, if you allow the use of cookies via the settings of your browser. In the following, for the sake of uniformity, we refer to cookies also when other cookie-like technologies are used. Cookies cannot execute programs or transfer any virus to your computer.

    (1) Cookies necessary for the website functionality

    The purpose of cookies necessary for the operation of the website is to enable the proper meaningful functionality of our website. Basic functions of our website cannot be offered without the use of cookies. We require cookies to provide the following functions:

    • Saving cookie preferences
    • Language preferences

    The legal basis for the processing of information from technically necessary cookies is Sec. 25 (2) No. 2 of the Telecommunications and Telemedia Data Protection Act (TTDSG). Insofar as personal data, e.g. in the form of your IP address, is processed as part of technically necessary cookies, the legal basis for the processing is Art. 6 (1) sentence 1 lit. f DSGVO (processing is necessary to protect the legitimate interests of the controller). We have a legitimate interest in offering our website visitors a properly functioning website as well as a website that is designed in a user-friendly and contemporary manner.

    (2) Cookies not necessary for the operation of the website

    In addition, we use cookies, which are not absolutely necessary for the operation of the website, but which allow our website visitors to store preferences and enable us to analyze and evaluate the use of our website in order to improve it. However, we only set the cookies required for the aforementioned purposes if you have given us your consent to do so. The legal basis for the use of non-necessary cookies and the related processing of information on your device is in each case your consent pursuant to Section 25 (1) sentence 1 TTDSG. Insofar as personal data, e.g. in the form of your IP address, is processed as part of not necessary cookies, the legal basis for the processing is also Art. 6 (1) sentence 1 lit. a GDPR (processing based on consent).

    Google Analytics

    With your consent, this website uses Google Analytics, a web analytics service provided by Google Inc, USA ("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 these cookies about your use of this website is usually transmitted to a Google server in the USA and stored there. We have activated IP anonymization on this website (through the extension "_anonymizeIp()) so that your IP address is shortened beforehand by Google within the European Union or in other contracting states to the Agreement on the European Economic Area in order to exclude any personal reference. The full IP address will only in exceptional cases be transmitted to a Google server in the USA and shortened there. On our behalf, Google will use this information for the purpose of evaluating your use of the website, compiling reports on your website activity and providing other services relating to your website activity and internet usage to the website operator for analysis purposes.

    Google Tag Manager

    With your consent, this website uses Google Tag Manager, a web service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager only manages and runs the tools integrated via it. For this reason, the Google Tag Manager collects your IP address, which may also be transferred to Google’s parent company in the United States.

    Google reCAPTCHA

    With your consent, this website uses Google Recaptcha, a web service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). The purpose of reCAPTCHA is to determine whether data entered on this website (e.g., information entered into a contact form) is being provided by a human user or by an automated program. To determine this, reCAPTCHA analyzes the behavior of the website visitors based on a variety of parameters. This analysis is triggered automatically as soon as the website visitor enters the site. For this analysis, reCAPTCHA evaluates a variety of data (e.g., IP address, time the website visitor spent on the site or cursor movements initiated by the user). The data tracked during such analyses are forwarded to Google.

    Wordfence

    This website uses Wordfence. The provider is Defiant Inc, Defiant, Inc, 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter “Wordfence”). Wordfence is designed to protect our website from unwanted access or malicious cyberattacks. To accomplish this, our website establishes a permanent connection with Wordfence’s servers, which check and block their databases against access to our website.

    Zendesk

    We deploy the CRM system Zendesk to process user inquiries. The provider is Zendesk, Inc., 1019 Market Street in San Francisco, CA 94103 USA. We use Zendesk to be able to respond to your inquiries promptly and efficiently. This constitutes a legitimate interest as defined in Art. 6(1)(f) GDPR. In order to be able to submit inquiries, you must provide your e-mail address and name. The messages addressed to us remain with us until you request deletion, or the data storage purpose no longer applies (e.g. after completed processing of your request). Mandatory statutory provisions, in particular retention periods, remain unaffected.

    (3) Revocation of consent given for cookies that are not necessary for the website functionality

    You can revoke or grant your consent to the use of not necessary cookies at any time with effect for the future. Click on the following button to change your settings for individual or several cookie categories or to give or revoke your consent.

    Note: Revoking your consent does not delete cookies that were previously stored on your device. You can delete these cookies at any time in your browser settings.

    (4) Duration of storage

    How long the information we receive via cookies is stored depends on the respective service provider and the purpose of the cookies. You can obtain detailed information on this by clicking on the respective service or cookie in our cookie banner. For each cookie used, the respective expiration date is noted. Cookies will also be deleted earlier than the stated expiration date if you revoke your consent via our cookie banner or delete cookies stored in your browser.

    g. Social Media Pages

    We operate pages on various social media platforms. In addition to us, the operator of the respective social media platform is also responsible for processing your data according to Art. 26 GDPR.

    Facebook

    From our website you can reach our Facebook page via a link which you must actively click on. The provider of our Facebook page is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 D02 AX07 Ireland. Data necessary for the provision of the site is maybe processed by Meta. Only if you give your consent, Meta uses cookies. We would like to point out that we have no knowledge of the data transmitted to Meta or how Meta uses it.

    Instagram

    From our website you can reach our Instagram page via a link which you must actively click on. The provider of our Instagram page is Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 D02 AX07 Ireland. Data necessary for the provision of the site is maybe processed by Meta. Only if you give your consent, Meta uses cookies. We would like to point out that we have no knowledge of the data transmitted to Meta or how Meta uses it.

    X, formerly known as Twitter

    From our website you can reach our Twitter page via a link which you must actively click on. The provider of our Twitter page is Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 Ireland. Data necessary for the provision of the site is maybe processed by Twitter. Only if you give your consent, Twitter uses cookies. We would like to point out that we have no knowledge of the data transmitted to Twitter or how Twitter uses it.

    LinkedIn

    From our website you can reach our LinkedIn page via a link which you must actively click on. The provider of our LinkedIn page is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2 Ireland. Data necessary for the provision of the site is maybe processed by LinkedIn. Only if you give your consent, LinkedIn uses cookies. We would like to point out that we have no knowledge of the data transmitted to LinkedIn or how LinkedIn uses it.

    YouTube

    From our website you can reach our Youtube page via a link which you must actively click on. The provider of our Youtube page is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland . Data necessary for the provision of the site is maybe processed by Google. Only if you give your consent, Google uses cookies. We would like to point out that we have no knowledge of the data transmitted to Google or how Google uses it.

    GitHub

    From our website you can reach our GitHub page via a link which you must actively click on. The provider of our GitHub page is GitHub Inc., 88 Colin P Kelly Jr St, San Francisco, CA 94107, United States. Data necessary for the provision of the site is maybe processed by GitHub. Only if you give your consent, GitHub uses cookies. We would like to point out that we have no knowledge of the data transmitted to GitHub or how GitHub uses it. The legal basis for using our social media pages is our legitimate interest. We have a legitimate interest to collaborate with social media platforms which offer a technically error free website and which are frequently used by our clients. In order to achieve this, necessary data for operating the social media pages must be processed by the provider of the respective social media platform. The legal basis for processing is Art. 6 (1) lit. f GDPR (legitimate interest). Insofar as the social media pages use cookies, the legal basis for processing your data is only your consent (Art. 6 para. 1 sentence 1 lit. a DSGVO).

    h. Embedded audio and video

    To display videos and play audio on our website, we use various media platforms:

    Vimeo

    With your consent, we display Videos hosted by the platform Vimeo on our website. The provider is Vimeo, LLC, 555 West 18th Street, New York, New York 10011 (USA). Your browser connects to Vimeo's servers and sends your IP address, information about your server type, browser type or other device characteristics to Vimeo. Activities of you in the respective video (e.g. activation of the "Like" button) as well as the session duration and bounce rate are also stored. If you are registered as a user with Vimeo, it is possible that further data is processed, but we have no knowledge of this.

    YouTube

    With your consent, we display Videos hosted by the platform Youtube on our website. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland. Your browser connects to Google's servers and sends your IP address, information about your server type, browser type or other device characteristics to Google. Activities of you in the respective video (e.g. activation of the "Like" button) as well as the session duration and bounce rate are also stored. If you are registered as a user with Youtube, it is possible that further data is processed, but we have no knowledge of this.

    Spotify

    With your consent, we embed podcasts hosted by the platform Spotify on our website. The provider is Spotify USA Inc., 150 Greenwich Street, Floor 62, New York, NY 10007, USA. Your browser connects to Spotify’s servers and sends your IP address, information about your server type, browser type or other device characteristics to Spotify. Activities of you in the respective podcast (e.g. activation of the "Like" button) as well as the session duration and bounce rate are also stored. If you are registered as a user with Spotify, it is possible that further data is processed, but we have no knowledge of this. The legal basis for using other media platforms to display videos on our website is our legitimate interest. We have a legitimate interest in collaborating with media platforms which offer a technical error-free display of videos and work reliably. In order to achieve this, necessary data for using the media platforms must be processed by the provider of the respective media platform. The legal basis for processing is Art. 6 (1) lit. f GDPR (legitimate interest). Insofar as the media platform processes data, which is not necessary to display the respective video, the legal basis is your consent (Art. 6 para. 1 sentence 1 lit. a DSGVO). You can revoke your consent at any time with effect for the future.

  3. Data transfer

    We will only pass on or transfer your personal data to third parties if this is necessary to fulfill contractual obligations with you, if there is a legitimate interest on our part, if you have given your consent and/or if we are obliged to do so by law or by official or court order. With some service providers and third-party services that we use (especially Google and Vimeo), it cannot be ruled out that personal data is transferred outside the EU/EEA to third countries (especially to the USA). In these third countries, there is usually no comparable level of protection for data security as in the EU/EEA. In order to ensure an appropriate level of data protection, we conclude so-called EU standard clauses with these service providers, according to which the respective service provider undertakes to comply with standards set by the EU Commission in order to protect your personal data. In addition, we also select service providers based on whether they provide additional guarantees, such as acquired protection certificates and/or proof of additional and appropriate technical and organizational measures to protect your personal data (e.g., an encryption of data).

  4. Non-existing of automated decision-making (including profiling)

    Please note that you will not be subject to a decision based solely on automated processing, including profiling, which has legal effects or similar effects for you.

  5. Your rights

    Please note that you will not be subject to a decision based solely on automated processing, including profiling, which has legal effects or similar effects for you.

    You have the following rights vis-à-vis us with regard to the personal data concerning you:

    • Right of access (Art. 15 GDPR),
    • Right to rectification (Art. 16 GDPR),
    • Right to erasure (Art. 17 GDPR; "right to be forgotten"),
    • Right to restriction of processing (Art. 18 GDPR),
    • Right to object to processing (Art. 21 GDPR),
    • Right to data portability (Art. 20 GDPR).

    You also have the right to lodge a complaint with a data protection supervisory authority, in particular in the member state of your place of residence, place of work or place of the alleged infringement if you consider that the processing of personal data related to you is carried out unlawfully.

    Where you have given us consent to process your data, you can revoke this consent at any time with effect for the future. The lawfulness of the processing of your data until the revocation remains unaffected. To assert your rights, you can contact us at any time via the contact information listed in section 1 above and/or the contact channels listed in our imprint.

    We would also like to point out that if your personal data is processed on the basis of legitimate interest within the framework of the balance of interests pursuant to Art. 6 (1) lit. f GDPR, you have the right to object to the processing of your personal data at any time.