Privacy policy

Updated on 2021-Oct-18

EqualTo web application

Available on https://app.equalto.com and a customer-sepcific subdomain of equalto.com.
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EqualTo website (https://www.equalto.com)

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Data protection is of a particularly high priority for the management of EqualTo GmbH.

This privacy policy explains how EqualTo GmbH collects and processes your personal data when you interact with any of the following:

  1. The EqualTo Website, hosted on https://www.equalto.com.
  2. The EqualTo Software as a Service application (“EqualTo SaaS”), hosted on https://app.equalto.com and a customer-specific subdomain of equalto.com. EqualTo SaaS allows you to easily create and deploy employee incentive plans.
  3. EqualTo Connectors, which process data on third party services you control and transfers that data to EqualTo SaaS for the purpose of implementing employee incentive plans.
  4. EqualTo Analytics, which collects and processes your interactions with EqualTo SaaS. EqualTo Analytics is opt-in, and you can subsequently opt-out at any time.

The use of EqualTo GmbH public website (https://www.equalto.com) is possible without providing any personal data; however, if a data subject wants to use software services available via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The use of the EqualTo Software as a Service platform (“EqualTo SaaS”) requires the collection and processing of some of your personal data (such as your email address to facilitate login). Additionally, EqualTo SaaS provides an opt-in to “EqualTo Analytics”, with which you can consent to data collection and processing. While “EqualTo Analytics” is not required for the use of EqualTo SaaS, EqualTo Analytics does provide EqualTo GmbH with valuable information that allows us to diagnose issues and improve EqualTo SaaS for all our customers.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to EqualTo GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the processor of customer data and the controller of other data, EqualTo GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.

1. Definitions

The data protection declaration of EqualTo GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:​

  1. Personal data: Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  2. Data subject: Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing
  3. Processing: Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  4. Restriction of processing: Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
  5. Profiling: Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
  6. Pseudonymisation: Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
  7. Controller or controller responsible for the processing: Controller or controller responsible for the processing is 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; where the purposes and means of such processing are determined by European Union or Member State law, the controller or the specific criteria for its nomination may be provided for by European Union or Member State law.
  8. Processor: Processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
  9. Recipient: Recipient is a natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with European Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
  10. Third party: Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
  11. Consent: Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
  12. EqualTo SaaS: The “EqualTo Software as a Service” platform.
  13. EqualTo Connectors: The software used to process data on third-party applications such as Salesforce, Hubspot and Pipedrive and send that data (via a secure, encrypted channel) to EqualTo SaaS for the purpose of evaluating EqualTo SaaS incentive plans. For the avoidance of doubt, EqualTo Connectors includes the “EqualTo Connector” used to connect EqualTo SaaS to Salesforce.
  14. EqualTo Website or website: The EqualTo GmbH public website, available on https://www.equalto.com.
  15. EqualTo Services: Refers to EqualTo SaaS and the EqualTo Website collectively
  16. EqualTo Analytics: Users of EqualTo SaaS may opt-in to EqualTo Analytics, which allows EqualTo to collect personal data. Users can subsequently opt-out of EqualTo Analytics at any time from their EqualTo SaaS account settings.

2. Name and Address of the processor

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

EqualTo GmbH
Sebastian-Kneipp-Strasse 33
79104 Freiburg im Breisgau
Germany

Email: privacy@equalto.com

Website: https://www.equalto.com

3. Name and Address of the Data Protection Officer

The Data Protection Officer of the processor is:
Diarmuid Glynn
EqualTo GmbH
Sebastian-Kneipp-Strasse 33
79104 Freiburg im Breisgau
Germany

Email: privacy@equalto.com

Any data subject may, at any time, contact our Data Protection Officer directly with all questions and suggestions concerning data protection.

4. Cookies

EqualTo Services use cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, EqualTo GmbH can provide the users of EqualTo Services with a more user-friendly service that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

5. Collection of general data and information

EqualTo Services collect general data and information when accessed by a data subject or automated system. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, EqualTo GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, EqualTo GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

6. Registration on the EqualTo Services

The data subject has the possibility to register on the website of the processor with the indication of personal data. Which personal data are transmitted to the processor is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the processor, and for his own purposes. The processor may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the processor.

By registering on the website of the processor, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the processor to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the processor.

The data processor shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data processor shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

7. Subscription to our newsletters

On EqualTo Services, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
EqualTo GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used for one of two purposes:

  1. So as to allow EqualTo GmbH to email the registrant newsletters
  2. So as to allow EqualTo GmbH to directly contact the registrant - by phone, email or letter - about EqualTo GmbH products or services that may be of interest

In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. Personal data may be transferred to ‘HubSpot’ (see the “HubSpot” section in this privacy policy for more information on how EqualTo GmbH uses HubSpot to process your data). The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

8. Newsletter-Tracking

The newsletter of EqualTo GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, EqualTo GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. EqualTo GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.

9. Contact possibility via the website

The website of EqualTo GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

10. Data Processing Instructions for EqualTo SaaS, EqualTo Analytics and EqualTo Connectors

EqualTo GmbH may to process the following categories of personal data for the purpose of providing EqualTo SaaS:

EqualTo GmbH may process the following categories of personal data for the purpose of providing EqualTo Analytics (only enabled after you opt-in):

EqualTo Connectors may process the following categories of personal data from external platforms you control (“External Platforms”) and sending that data to EqualTo SaaS for further processing and storage:

Non-exhaustive list of External Platforms supported by EqualTo Connectors: Salesforce, HubSpot, Pipedrive.

When the EqualTo Connector transfers data from the External System to EqualTo SaaS, it does so in a secure manner using encryption and other industry standard best-practices to protect your data.

Note that an administrator of your External Platform must explicitly grant the EqualTo Connector access to the External Platform.

11. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

12. Rights of the data subject

13. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

14. Subprocessors

You can find the list of subprocessors used by EqualTo here: https://www.equalto.com/subprocessors

15. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the previously mentioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

16. The legitimate interests pursued by the controller or by a third party

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

17. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

In the case of EqualTo SaaS, we will store and process your personal data so long as you maintain a registered user account on our platform. Your data will be completely removed from our system and backups within 90 days of your deletion of your EqualTo SaaS user account.

18. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject may contact any employee. The employee can clarify to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

19. Updates to the privacy policy

EqualTo GmbH keeps its privacy policy under regular review and places any updates in https://www.equalto.com/privacy-policy.