As of November 22, 2023
We take the protection of your personal data very seriously. With this Privacy Policy, we inform you which personal data we collect and how and for what purposes it is processed. We always treat your personal data in accordance with the statutory data protection regulations and this Privacy Policy.
Controller is Penguin Capital Management GmbH, Liebigstraße 8, 80538 München, Phone: +49 (0) 89 999 54 551, E-Mail: office@penguin.capital (hereinafter „Penguin Capital“).
Our data protection officer is Florian Padberg, E-mail florian.padberg@ituso.de. If you have any questions about data protection, you can contact our data protection officer at any time.
Each time you visit our website, our system automatically collects data and information from the computer system of the calling computer. The following data is logged:
This data is processed in order to be able to present the website, to ensure the security, availability and integrity of the website (e.g., detection and defense against DoS attacks or access by bots), to improve the quality and presentation of the website, to be able to identify and correct errors and for statistical purposes. This data is regularly deleted after a few days.
Our website is hosted by a service provider on the basis of a data processing agreement pursuant to Art. 28 GDPR. The website is hosted in the USA and personal data of website visitors is transferred to a third country without an adequate level of data protection. We ensure that appropriate safeguards are provided for the transfer in accordance with Art. 46 GDPR. We will provide you with proof of the appropriate safeguards (Standard Contractual Clauses) at any time upon request.
The legal basis for this data processing is Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the above purposes.
We use a Content Delivery Network (CDN) to increase the security and delivery speed of the website. A CDN is a network of servers distributed worldwide that is capable of delivering optimized content to users. For this purpose, personal data may be processed in server log files by the provider of the CDN.
The provider of the CDN acts as a data processor for us on the basis of a data processing agreement pursuant to Art. 28 GDPR.
Since a CDN represents a network of servers distributed worldwide, the use of a CDN may result in the transfer of personal data to a third country without an adequate level of data protection. In this case, we ensure that appropriate safeguards are provided for the transfer in accordance with Art. 46 GDPR. We will provide you with proof of the appropriate safeguards (Standard Contractual Clauses) at any time upon request.
The legal basis for this data processing is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is to increase the security and delivery speed of the website.
If you contact us, e.g. by e-mail, via a contact form or via live chat, the information you provide will be stored for the purpose of processing the request.
We need the information requested in a contact form or live chat to process your request, to address you correctly and to send you a reply.
The legal basis for this data processing is Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the communication with prospects, visitors, and customers. If the purpose of the contact is to conclude a contract, legal basis for processing is Art. 6 (1) lit. b) GDPR.
We process the data of our customers, service providers and suppliers as part of the provision of our contractual services. In this context, inventory data (for example, surname and first name of the contact person(s), address), contact data (for example, e-mail address, telephone number), contract data (for example, subject matter of the contract, term), payment data and data collected in the context of the provision of services and/or required for the provision of services are processed, if applicable.
Inquiries and customer relations are regularly stored and processed in our CRM system. The data processed in this context (surname, first name, title, postal address, date of birth if applicable, your specific interest with regard to our products and services and your interactions with us) may also be used by us for direct marketing purposes, in particular for postal advertising, in compliance with the legal requirements.
The legal basis for this storage and processing is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the marketing of our products and services and the maintenance of our prospect, customer and service provider relationships.
Our CRM system is provided by an external service provider as a data processor on the basis of a data processing agreement pursuant to Art. 28 GDPR. The CRM system is hosted in the USA and personal data processed via the CRM system is transferred to a third country outside the EU without an adequate level of data protection. We provide appropriate safeguards for this data transfer in accordance with Art. 46 GDPR. We will be provide proof of the appropriate safeguards (Standard Contractual Clauses) upon request.
We use the tool Calendly for easy, fast and uncomplicated scheduling of meetings. Calendly is provided by Calendly LLC in the USA (hereinafter "Calendly").
When scheduling a meeting with the Calendly tool, the information you provide is processed for the purpose of scheduling a meeting with us.
Calendly acts as a data processor on the basis of a data processing agreement pursuant to Art. 28 GDPR.
When using the meeting scheduling function of Calendly, personal data is transferred to a third country without an adequate level of data protection. We ensure that appropriate safeguards are provided for the transfer in accordance with Art. 46 GDPR. We will provide you with proof of the appropriate safeguards (Standard Contractual Clauses) at any time upon request.
The legal basis for this data processing is Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is communication with prospects and customers. If the meeting is aimed at the conclusion of a contract or takes place within the framework of an existing contractual relationship, the legal basis for the processing is Art. 6 (1) lit. b) GDPR.
On our website, you can register to receive a newsletter by e-mail. During registration, the data from the input mask, the IP address of the calling computer and the date and time of registration are transmitted to us. For the processing of the data, your consent is obtained during registration and reference is made to this Privacy Policy.
In order to verify that a registration for the sending of a newsletter is made by the actual owner of an e-mail address, we use the so-called "double opt-in" procedure. In this process, after registration of an e-mail address, a confirmation e-mail is sent to the registered e-mail address. Registration for the newsletter is only completed when a confirmation link contained in the confirmation e-mail is activated. The IP address of the calling computer and the date and time of activation of the confirmation link are also transmitted to us.
The registration for the newsletter can be terminated at any time by using the unsubscribe link contained in each newsletter or by contacting us at the above contact details.
The legal basis for the processing of data after registration for the newsletter is your consent pursuant to Art. 6 (1) lit. a) GDPR.
We would like to point out that in the event of a withdrawal of the consent, we will retain the data relating to consent until expiry of the statutory limitation period (pursuant to Section 195 of the German Civil Code (BGB), three calendar years after the last e-mail newsletter was sent) in order to be able to defend ourselves legally if necessary. The accountability obligation takes precedence over the deletion obligation here for this period (Art. 17 (3) lit. e) GDPR). The legal basis for this retention of consent data is Art. 6 (1) lit. c) in conjunction with Art. 5 (1) lit. a), (2), Art. 7 ( 1) GDPR and Art. 6 (1)= lit. f) GDPR.
If you register as a user of our app and provide your e-mail address, this may subsequently be used by us to send you an e-mail newsletter if you have not objected to such use. In such a case, the email newsletter will only be used to send direct advertising for our own similar goods or services. You can object to the use of your e-mail address at any time, without incurring any costs other than the transmission costs according to the basic rates, by using the unsubscribe link contained in every newsletter or by contacting us at the above-mentioned contact details.
The legal basis for sending the newsletter as a result of the sale of goods or services is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR.
We would like to point out that, in case of an objection to further marketing use and if your data has already been used for sending e-mail marketing in the context of an existing customer relationship, we will retain the data on the existence of the requirements of Section 7 (3) of the German Unfair Competition Act (UWG) until the expiry of the statutory limitation period (pursuant to Section 195 of the German Civil Code (BGB), three calendar years after the last advertising e-mail was sent) in order to be able to defend ourselves legally if necessary. The accountability obligation takes precedence over the deletion obligation here for this period (Art. 17 (3) lit. e) GDPR). The legal basis for this retention of consent data is Art. 6 (1) lit. c) in conjunction with Art. 5 (1) lit. a), (2), Art. 7 ( 1) GDPR and Art. 6 (1)= lit. f) GDPR.
A statistical analysis of usage data may be carried out for our newsletters. For this purpose, we may record both the openings of the e-mail and the internal clicks. This information serves the purpose of measuring and optimizing the success of our newsletter campaigns by making the newsletter content more relevant to our target group.
The legal basis for this analysis is your consent pursuant to Art. 6 (1) lit. a) GDPR.
We use an external service provider as a data processor for sending and analyzing our newsletter on the basis of a data processing agreement pursuant to Art. 28 GDPR.
This may involve the transfer of personal data to a third country outside the EU without an adequate level of data protection.
In this case, we ensure that appropriate safeguards are provided for the transfer in accordance with Art. 46 GDPR. We will provide you with proof of the appropriate safeguards (Standard Contractual Clauses) at any time upon request.
Our website uses cookies and implements third-party tools and functions.
Cookies are pieces of information that are transferred from our web server or third-party web servers to your browser and stored there for later retrieval. Cookies may be small files or other types of information storage. Information is stored in cookies that is related to the specific end device used. Cookies contain a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. A cookie also contains information about its origin and the storage period. However, this does not mean that we gain immediate knowledge of your identity.
We also use third-party tools and functions, for example, to expand the functional scope of the website, to analyze the use of the website, and to optimize the content accordingly.
When integrating tools and functions from third-party providers, personal data may be transmitted to the providers of the integrated tools and functions in order to be able to provide the tools and functions.
Cookies and third-party tools and functions are referred to uniformly below as "cookies" for the sake of simplicity.
When visiting our website, cookies are set that are absolutely necessary for the operation of the website. These essential cookies may be, for example, cookies that are required for the display of the website with a content management system, which are used to recognize language settings, or which are used to document whether you have consented to the setting of further (non-essential) cookies or whether you have rejected them.
The technically necessary cookies, including their purpose and storage period or deletion period, are explained to you in our cookie banner, which is displayed when you access the website.
The legal basis for the processing of personal data using essential cookies is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest are the operation and provision of our website.
We also use non-essential cookies, for example to collect additional information about the interests of visitors to our websites or about their usage behavior, in order to analyze and optimize our website and generally our customer interactions on this basis.
Non-essential cookies, including their purpose and storage period or deletion period, are also explained to you in our cookie banner, which is displayed when you access the website.
Non-essential cookies are only set if you have expressly consented to the setting of non-essential cookies. You can also select different categories of non-essential cookies that you wish to allow in the cookie banner.
The legal basis for the processing of personal data using such non-essential cookies is your explicit consent pursuant to Art. 6 (1) lit. a) GDPR.
On our website we use the service Cookiebot from Usercentrics A/S in Denmark. We use Cookiebot to inform you about the cookies used on our website and to obtain your consent to use non-essential cookies. To store the consent, a permanent cookie is stored in your browser.
In this process, the following data is automatically logged: IP address in anonymized form (the last three digits are set to '0'), date and time of consent, user agent (information about the terminal device), URL on which the consent was collected, status of consent (which cookies were consented to).
The data collected and processed in the context of the use of Cookiebot is processed by Usercentrics A/S as a data processor on the basis of a data processing agreement pursuant to Art. 28 GDPR in the European Union.
The legal basis for this data processing is initially Art. 6 (1) lit. f) GDPR, the provision of our website and ensuring the possibility to obtain consent for non-essential cookies. If you give consent, the legal basis for the processing of the data relating to your consent is Art. 7 (1) and 6 (1) lit c) GDPR.
Social media buttons of social media networks (e.g. Linkedin) are integrated on our website.
If you click on one of these social media buttons, you will be redirected to our pages on the respective social media network. In this case, the provider of the respective social media network receives the information that your browser has accessed the corresponding page of our website, even if you do not have a profile with the respective social media network or are not logged in there. This information (including your IP address) is transmitted by your browser directly to a server of the respective provider. If you click on a social media button and are either logged in to the respective social media network or then log in to the page of the respective social media network, the transmitted information can be assigned to your account with the social media network.
For information on the purpose and scope of data collection and processing by the providers of the respective social media network, the provider identification, a contact option and your rights and setting options for data protection, please refer to the respective privacy policy of the providers of the social media networks.The legal basis for the integration and use of social media buttons is Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the marketing of our offers and our website.
We maintain a publicly accessible profile on social media networks (e.g. Linkedin).
If you visit our social media pages and are logged in to the respective social media network, the provider of the respective social media network can analyze your usage behavior and assign the information collected to your account with the social media network and enrich it there. Even if you are not logged in or if you do not have an account with the respective social media network, personal data may be collected by the provider of the respective social media network, for example your IP address or data collected via a cookie.
The operators of the social media networks can use this data to create user profiles. Based on your user profile, you can then be shown interest-based advertisements both on the websites of the social media network and on other websites.
If you visit one of our social media pages, we are jointly responsible with the provider of the social media network for the collection and processing of your personal data that takes place there. For information on the collection and processing of your personal data that takes place there, we refer you to the privacy policy of the respective social media network.
You can assert your data subject rights in accordance with Chapter III. of the GDPR (right to information, correction, deletion, restriction of processing, data portability, etc.) both against us and against the provider of the respective social media network. In this context, we would like to point out that we can only influence the processing of personal data and the implementation of data subject rights within the framework of our social media pages within the scope of the possibilities made available to us by the respective provider.
The legal basis for our use of social media pages is Art. 6 (1) lit. f) GDPR. Our overriding legitimate interest is the presence and marketing of our products and services on the Internet.
We collect and process personal data of applicants for the purpose of processing the application process. If an applicant submits his or her application documents to us electronically, they are processed electronically.
If we conclude an employment contract with an applicant, the data transmitted will be processed in order to carry out the employment relationship in compliance with the statutory provisions. If no employment contract is concluded with the applicant, the application documents will be deleted immediately after completion of the application procedure, provided that deletion does not conflict with any overriding legitimate interest, such as the defence of claims or a preservation of evidence function according to the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG).
The legal basis for this storage and processing is the performance of the contract or the implementation of pre-contractual measures pursuant to Art. 6 (1) lit. b) GDPR, in Germany § 26 BDSG.
If you participate in a video conference, webinar or online meeting etc. organized by us. (hereinafter "video conferences") organized by us, we process your personal data in the course of your participation.
When you participate in a video conference, various categories of data are processed. The scope of the data also depends on the data you provide before or during participation in a video conference.
If you participate in a video conference organized by us, you usually have to provide at least a name when registering. However, you can also use a pseudonym. Your IP address will also be processed to enable your participation and login information and device/hardware information will be stored. Your email address and profile picture will also be processed, if provided. If you dial in by phone, your phone number and IP address, if any, will be processed.
To enable participation in the video conference, data from your terminal's microphone and any terminal video camera and, if you share your screen, information from this "screenshare" is processed. You can switch off or mute the camera or microphone yourself at any time. You always decide yourself whether and which parts of your screen are shared.
Audio and video recordings of the video conference can be made. In this case, MP4 files of all video, audio and presentation recordings are processed. There will always be an indication of the recording if one is made and, if necessary, the explicit consent of the participants to the recording will always be obtained.
You may have the opportunity to use the chat, question or survey functions in a video conference. In this respect, the text entries you make are processed in order to display them in the video conference and, if necessary, to record them.
Insofar as personal data of our employees is processed, § 26 BDSG (German Federal Data Protection Act) is the legal basis for data processing, insofar as German law is applicable to the processing of employee data.
If German law is not applicable to the processing of employee data or if, in connection with participation in video conferences, the processing of personal data is not necessary for the establishment, implementation or termination of the employment relationship, but is nevertheless an elementary component of participation in a video conference, our overriding legitimate interest pursuant to Art. 6 (1) lit. f) GDPR is the legal basis for the data processing. In these cases, our overriding legitimate interest is in the effective implementation of video conferences.
Furthermore, the legal basis for data processing when conducting video conferences is Art. 6 (1) lit. b) GDPR, insofar as the meetings are conducted in the context of contractual relationships or with a view to initiating a contractual relationship (for example, in the case of video conferences with our clients in the context of the implementation of a project or participation in a webinar).
Furthermore, the legal basis for data processing in the context of your participation in a video conference organized by us is our legitimate interest pursuant to Art. 6 (1) lit. f) GDPR. Our legitimate interest in these cases is the effective implementation of video conferences.
We use one or more service providers as data processors for the implementation of video conferences on the basis of a data processing agreement pursuant to Art. 28 GDPR.
This may involve the transfer of personal data to a third country without an adequate level of data protection. In this case, we ensure that appropriate safeguards are provided for the transfer in accordance with Art. 46 GDPR. We will provide you with proof of the appropriate safeguards (Standard Contractual Clauses) at any time upon request.
If we are involved in a restructuring, acquisition, asset sale, merger, financing, transfer of services to another provider, due diligence, insolvency or receivership, your personal data may be transferred to third parties to the extent legally permitted in connection with and as part of the relevant legal process, subject to the basic principles of data protection law.
This website is not intended or designed for use by children under the age of 16. We do not knowingly collect personally identifiable information from or about anyone under the age of 16.
Within our company, those internal departments or organisational units receive your data which they need to fulfil their tasks, to fulfil contracts with you if necessary, for data processing with your consent or to safeguard our overriding legitimate interests.
Data will only be passed on to third parties within the framework of legal requirements. We will only pass on your data to third parties if, for example, this is necessary for contractual purposes on the basis of Art. 6 (1) lit. b) GDPR or to safeguard our overriding legitimate interest pursuant to Art. 6 (1) lit. f) GDPR in the effective conduct of our business operations.
Insofar as we use service providers within the framework of the provision of the website and/or Platform or other services, we take appropriate legal precautions as well as appropriate technical and organisational measures to ensure the protection of your personal data.
You have the rights explained below with regard to the personal data processed by us concerning you:
You can request information in accordance with Art. 15 GDPR about your personal data that we process.
If the information concerning you is not (or no longer) accurate, you may request a correction in accordance with Art. 16 GDPR. If your data is incomplete, you may request that it be completed.
You may request the erasure of your personal data in accordance with Art. 17 GDPR.
In accordance with Art. 18 GDPR you have the right to request restriction of processing of your personal data.
You have the right to object at any time on grounds relating to your particular situation to the processing of your personal data which is carried out on the basis of Art. 6 (1) lit. e) or lit. f) GDPR in accordance with Art. 21 (1) GDPR. In this case, we will not further process your data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or if the processing serves to assert and exercise or defend against legal claims (Art. 21 (1) GDPR).
In addition, according to Art. 21 (2) GDPR, you have the right to object at any time to the processing of personal data concerning you for the purposes of direct marketing; this also applies to any profiling, insofar as it is related to such direct marketing.
Insofar as you have given your consent for processing, you have a right to withdraw your consent pursuant to Art. 7 (3) GDPR.
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format ("data portability") as well as the right to have this data transferred to another controller if the conditions of Art. 20 (1) lit. (a) and (b) GDPR are met.
You can exercise your rights by notifying the above contact details for the data controller or the data protection officer.
If you believe that our processing of your personal data violates data protection law, you also have the right to complain to a data protection supervisory authority of your choice pursuant to Article 77 of the GDPR.
The provision of personal data is neither required by law nor by contract, and you are not obliged to provide personal data, although the provision of personal information is required for the conclusion of a contract to the extent that certain details are required in order to conclude (and perform) a contract.
We do not perform automated decision making, including profiling.
We adhere to the principles of data avoidance and data economy and only store your personal data for as long as is necessary to achieve the respective purpose of the data processing purposes or as stipulated by the storage periods provided by law.
If the purpose of storage no longer applies or if a storage period provided for by law expires, the personal data will be routinely anonymized or deleted in accordance with the statutory provisions.
We take appropriate technical and organizational measures in accordance with the state of the art to ensure a level of protection for the personal data we process that is appropriate to the risk of the respective processing and to protect the data we process against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
Our website uses SSL encryption for security reasons and to protect the transmission of confidential content, such as orders, inquiries or payment data that you send to us.
Our employees receive regular training on data protection and information security and are committed to confidentiality and data protection.
A restrictive rights and roles concept on a "need to know" basis ensures that employees only have access to the personal data they absolutely need to perform their duties.
We reserve the right to amend this Privacy Policy from time to time so that it always complies with current legal requirements and/or in order to implement changes to our services in the Privacy Policy, e.g. when introducing new services. When visiting the website or using our services, the current privacy policy always applies.