Privacy Policy

 

 

Foreword

We, Everstream Analytics GmbH, Junkersring 57, 53844 Troisdorf; Resilience 360 Inc. d/b/a Everstream Analytics and Rising Tide Digital together with our subsidiaries (hereinafter collectively: “Everstream Analytics”, “EA”, “the company“, “we” or “us“) take the protection of your personal data seriously and would like to inform you here about data protection in our company. 

Within the scope of our responsibility under data protection law, obligations have been imposed on us by the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: “GDPR“) and applicable US local and federal law, amongst others the Privacy Act of 1974 and the California Online Privacy Protection Act as well as other applicable international privacy law in order to ensure the protection of personal data of the person affected by a processing operation (we also address you as data subject hereinafter with “Customer”, “User”, “you”, “you” or “Data Subject”). When we refer to specific GDPR clauses, we want at all times to ensure the highest worldwide level of protection to be the standard for our company.

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

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

We use your data to provide and improve our products and services. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.

To find the parts that are relevant to you, please refer to the following overview for the breakdown of the privacy notices:

Part	Designation	This part is for you
Part A	General	Always relevant.
Part B	Website and social media presences	Relevant if you are using our website including social media appearances.

A. General

(1) Definitions

This privacy notice is based on the following definitions:

“Personal data” (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person (“data subject”). A person is identifiable if he or she can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier, location data or by means of information relating to his or her physical, physiological, genetic, mental, economic, cultural or social identity characteristics. The identifiability can also be given by means of a linkage of such information or other additional knowledge. The origin, form or embodiment of the information is irrelevant (photographs, video or audio recordings may also contain personal data).

“Processing” (Art. 4 No. 2 GDPR) means any operation which involves the handling of personal data, whether or not by automated (i.e. technology-based) means. This includes, in particular, the collection (i.e. acquisition), recording, organization, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or intended use on which a data processing was originally based.

“Controller” (Art. 4 No. 7 DS-GVO) means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.

“Third Party” (Art. 4 No. 10 DS-GVO) means any natural or legal person, public authority, agency or other body other than the Data Subject, the Controller, the Processor and the persons who are authorized to process the Personal Data under the direct responsibility of the Controller or Processor; this also includes other group-affiliated legal entities.

“Processor” (Art. 4 No. 8 DS-GVO) is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller, in particular in accordance with the controller’s instructions (e.g. IT service provider). In particular, a processor is not a third party in the sense of data protection law.

“Consent” (Art. 4 No. 11 GDPR) means any freely given specific, informed and unambiguous indication of the data subject’s wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.

We use these definitions also for all US data.

(2) Name and address of the controller

We are the controller for the processing of your personal data within the meaning of Art. 4 No. 7 DS-GVO:

For the EU:

Everstream Analytics GmbH
Junkersring 57
53844 Troisdorf
[email protected]

For the US:

Rising Tide Digital
204 S Union St
Alexandria, Virginia 22314, US

and affiliate 

Resilience360 Inc. d/b/a Everstream Analytics
251 North City Drive, Ste. 128F
San Marcos
California 92078, US

For further information about our company, please refer to the imprint details on our website

(3) Contact details of the data protection department

Our company data protection department is available at all times to answer any questions you may have and to act as your contact person on the subject of data protection at our company. Contact details are:

Rising Tide Digital Inc. and Affiliates // Everstream Analytics GmbH by email 

[email protected]

(4) Legal basis for data processing

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

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

For the processing operations carried out by us, we indicate below the applicable legal basis in each case. A processing operation may also be based on several legal bases.

(5) Data deletion and storage period

For the processing operations carried out by us, we indicate below in each case how long the data will be stored by us and when it will be deleted or blocked. Unless an explicit storage period is specified below, your personal data will be deleted or blocked as soon as the purpose or legal basis for the storage no longer applies. In principle, your data will only be stored on our servers in Germany, subject to any transfer that may take place in accordance with the provisions in A.(7) and A.(8).

However, storage may take place beyond the specified time in the event of a (threatened) legal dispute with you or other legal proceedings or if storage is provided for by legal regulations to which we are subject as the responsible party. If the storage period prescribed by the statutory provisions expires, the personal data will be blocked or deleted unless further storage by us is necessary and there is a legal basis for this.

(6) Data security

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

We will be happy to provide you with more detailed information on request. Please contact our data protection department (see under A.(3)).

(7) Cooperation with processors

As with any larger company, we also use external domestic and foreign service providers (e.g. for IT, logistics, telecommunications, sales and marketing) to handle our business transactions. These service providers only act on our instructions and are contractually obligated to comply with the data protection provisions pursuant to Art. 28 DS-GVO.

If personal data from you is passed on by us to our subsidiaries or is passed on to us by our subsidiaries (e.g. for advertising purposes), this is done on the basis of existing order processing relationships.

(8) Conditions for the transfer of personal data to third countries

In the course of our business relationships, your personal data may be transferred or disclosed to third party companies. These may also be located outside the European Economic Area (EEA), i.e. in third countries. Such processing takes place exclusively for the fulfillment of contractual and business obligations and to maintain your business relationship with us. We will inform you about the respective details of the transfer in the following at the relevant points.

Some third countries are certified by the European Commission as having a level of data protection comparable to the EEA standard through so-called adequacy decisions (a list of these countries and a copy of the adequacy decisions can be obtained here: http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html). However, in other third countries to which personal data may be transferred, there may not be a consistently high level of data protection due to a lack of legal provisions. If this is the case, we ensure that data protection is adequately guaranteed. This is possible through binding company regulations, standard contractual clauses of the European Commission for the protection of personal data, certificates or recognized codes of conduct. Please contact our data protection officer (see under A.(3)) if you would like more information on this.

(9) No automated decision making (including profiling).

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

(10) No obligation to provide personal data

We do not make the conclusion of contracts with us dependent on you providing us with personal data in advance. As a customer, you are under no legal or contractual obligation to provide us with your personal data; however, we may only be able to provide certain services to a limited extent or not at all if you do not provide the necessary data. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed of this separately.

(11) Legal obligation to transmit certain data

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

(12) Your rights

You can assert your rights as a data subject regarding your processed personal data at any time by contacting us using the contact details provided at the beginning of A.(2). You have the right as a data subject:

In accordance with Art. 15 DS-GVO and US local law, you may request information about your data processed by us. In particular, you can request information about the processing purposes, the category of 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 was not 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 DS-GVO and US local law, you have the right to demand the correction of incorrect data or the completion of your data stored by us without delay;

In accordance with Art. 17 DS-GVO and US local law, you may request the deletion of your 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 assertion, exercise or defense of legal claims;

In accordance with Art. 18 DS-GVO and US local law, you have the right to demand the restriction of the processing of your data, insofar as the correctness of the data is disputed by you or the processing is unlawful;

In accordance with Art. 20 DS-GVO and US local law to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller (“data portability”);

You have the right to object to processing in accordance with Article 21 of the GDPR and US local law, provided that the processing is based on Article 6 (1) sentence 1 lit. e or lit. f of the GDPR or US local law. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the event of your justified objection, we will review the merits of the case and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing;

According to Art. 7 (3) DS-GVO and US local law your consent given – i.e. your voluntary will made understandable in an informed manner and unambiguously by means of a declaration or other unambiguous confirming action that you agree to the processing of the personal data in question for one or more specific purposes – to be revoked at any time vis-à-vis us, if you have given such consent. This has the consequence that we may no longer continue the data processing, which was based on this consent, for the future and

In accordance with Art. 77 DS-GVO and US local law, you have the right to lodge a complaint about the processing of your personal data in our company with a data protection supervisory authority, such as the data protection supervisory authority responsible for us – we will tell you depending on the entity you are working with, which authority is responsible. For EU: Landesbeauftrage für Datenschutz- und Informationsfreiheit Nordrhein-Westfalen, [email protected]. For the US: Depending on the state where the data comes from. Please contact us for further details.

B. Visiting websites

(1) Explanation of the function

You can obtain information about our company and the services we offer in particular at everstream.ai together with the associated subpages (hereinafter collectively: “websites”). When you visit our websites, personal data may be processed.

(2) Personal data processed

During the informative use of the websites, the following categories of personal data are collected, stored and processed by us:

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

• the page from which the page was requested (so-called referrer URL).
• the name and URL of the requested page
• the date and time of the call
• the description of the type, language and version of the web browser used.

The IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established.

• the amount of data transferred
• the operating system
• the message whether the call was successful (access status/http status code).
• the GMT time zone difference

“Contact form data”: When contact forms are used, the data transmitted through them are processed (e.g. gender, surname and first name, address, company, e-mail address and the time of transmission).

In addition to the purely informational use of our website, we offer the subscription to our newsletter, with which we inform you about current developments in business law and events. If you subscribe to our newsletter, the following “newsletter data” will be collected, stored and processed by us:

• the page from which the page was requested (so-called referrer URL).
• the date and time of the call
• the description of the type of the used web browser

The IP address of the requesting computer, which is shortened in such a way that a personal reference can no longer be established.

• the e-mail address
• the date and time of registration and confirmation

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

(3) Purpose and legal basis of data processing

We process the personal data described in more detail above in accordance with the provisions of the DS-GVO, the other relevant data protection regulations and only to the extent necessary. Insofar as the processing of personal data is based on Art. 6 (1) p. 1 lit. f DS-GVO or applicable US law, the aforementioned purposes also represent our legitimate interests.

The processing of the log data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (legal basis is Art. 6 para. 1 p. 1 lit. f DS-GVO or applicable US law).

Contact form data is processed for the purpose of handling customer inquiries (legal basis is Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO or applicable US law).

The newsletter data is processed for the purpose of sending the newsletter. When registering for our newsletter, you consent to the processing of your personal data (legal basis is Art. 6 para. 1 lit. a DS-GVO or applicable US law). For the registration to our newsletter, we use the so-called double opt-in procedure. This means that after your registration, we will send you an e-mail to the e-mail address you provided, in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify a possible misuse of your personal data. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in every newsletter e-mail, by e-mail to [e-mail address of the company] or by sending a message to the contact details provided in the imprint.

(4) Duration of data processing

Your data will only be processed for as long as is necessary to achieve the above-mentioned processing purposes; the legal bases specified in the context of the processing purposes apply accordingly. With regard to the use and storage duration of cookies, please note point A.(5) as well as the Cookie Policy.

Third parties engaged by us will store your data on their systems for as long as is necessary in connection with the provision of services for us in accordance with the respective order.

For more details on the storage period, please refer to A.(5) and the Cookie Policy [link to Cookie Policy].

(5) Transfer of personal data to third parties, basis for justification

The following categories of recipients, which are usually processors (see A.(7)), may receive access to your personal data:

The data is transferred to a third-party service provider for the operation of our website and the processing of data stored or transmitted by the systems (e.g. for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO or applicable US law, insofar as it does not involve order processors;

State agencies/authorities, insofar as this is necessary for the fulfillment of a legal obligation. The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. c DS-GVO or applicable US law;

Persons appointed to carry out our business operations (e.g. auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in company acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 p. 1 lit. b or lit. f DS-GVO or applicable US law.

For the guarantees of an adequate level of data protection in the event of a transfer of the data to third countries, see A.(8).

In addition, we will only disclose your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 (1) p. 1 lit. a DS-GVO or applicable US law.

(6) Use of cookies, plugins and other services on our website

a) Cookie

We use cookies on our websites. Cookies are small text files that are assigned to the browser you are using and stored on your hard drive by means of a characteristic character string and through which certain information flows to the body that sets the cookie. Cookies cannot execute programs or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer as a whole more user-friendly and effective, i.e. more pleasant for you.

Cookies can contain data that makes it possible to recognize the device used. In some cases, however, cookies only contain information about certain settings that are not personally identifiable. However, cookies cannot directly identify a user.

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

Technical cookies: these are mandatory to move around the website, use basic functions and ensure the security of the website; they do not collect information about you for marketing purposes, nor do they store which web pages you have visited;

Performance cookies: these collect information about how you use our website, which pages you visit and, for example, whether errors occur during website use; they do not collect information that could identify you – all information collected is anonymous and is only used to improve our website and find out what interests our users;

Advertising cookies, targeting cookies: These are used to offer the website user tailored advertising on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;

Sharing cookies: These are used to improve the interactivity of our website with other services (e.g. social networks); sharing cookies are stored for a maximum of 13 months.

Any use of cookies that is not absolutely technically necessary constitutes data processing that is only permitted with your explicit and active consent pursuant to Art. 6 (1) sentence 1 lit. a DS-GVO or applicable US law. This applies in particular to the use of advertising, targeting or sharing cookies.In addition, we will only share your personal data processed through cookies with third parties if you have given your express consent to do so pursuant to Art. 6 (1) p. 1 lit. a DS-GVO.

b) Cookie Policy

For more information about which cookies we use and how you can manage your cookie settings and disable certain types of tracking, please see our Cookie Policy [link to Cookie Policy].

c) Social media plugins

We do not use social media plugins on our websites. If our websites contain icons of social media providers (e.g. [name of social media providers with icons on the company’s website]), we use these only for passive linking to the pages of the respective providers.

d) Google Products

We are using several Google Products. Please find an overview of their Privacy Policies here:

Google Privacy Policy

Google Analytics Privacy Policy

Google Search Console Privacy Policy

Google AdWords Privacy Policy

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

aa.) Google Analytics. Google Analytics (Version 4) is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. The new Google Analytics 4 is not processing Personal data.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. You can opt-out by writing to us.

bb.) Google Ads

We are using Google Ads. Google Ads is an advertising platform offered by Google and operates to collect information about you to show specific advertisement. You can at all time opt-out of all advertising technologies. You can opt-out by writing to us.

cc.) Google Tag Manager

We are using Google Tag Manager. The tag manager is used to collect data on a website, which is then forwarded to the respective analysis tool. In this case, the data is simply forwarded, but not collected or stored. In practical terms, the tag manager recognizes when an analysis program wants to collect data (for example, during a newsletter registration) and forwards it to the respective program. You can opt-out by writing to us.

dd.) Google Search Console

We are using the Google Search Console. Google Search Console is a free service offered by Google that helps monitor, maintain, and troubleshoot our site’s presence in Google Search results.

e) Marketo 

We are using the Services of Marketo. Marketo develops and sells marketing automation software for account-based marketing and other marketing services and products including SEO and content creation. You can opt-out by writing to us.

For more information, please visit Marketo’s Privacy Policy: Marketo Privacy Policy

f) Bizible (subsidiary of Marketo)

We are using the Services of Bizible. Bizible provides business-to-business marketing attribution software and services. You can opt-out by writing to us.

For more information, please visit Bizible’s Privacy Policy: Bizible Privacy Policy

f) Adroll

Our site uses technologies of NextRoll to help us recognize your device and understand how you use our site(s) so that we can improve our services to reflect your interests and serve you advertisements about the [products and/or services] that are likely to be of more interest to you. Specifically, NextRoll collects information about your activity on our site(s) to enable us to:

• measure and analyze traffic and browsing activity on our site(s);
• show advertisements for our products and/or services to you on third-party sites;
• measure and analyze the performance of our advertising campaigns;

Opting Out 

NextRoll may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit you to block such technologies. For this reason, you can use the following third-party tools to decline the collection and use of information for the purpose of serving you interest based advertising:

• The NAI’s opt-out platform
• The EDAA’s opt-out platform
• The DAA’s opt-out platform

For more information, please visit Adrolls Privacy Policy:

Adroll Privacy Policy

Opt-out on provided Services: 

For Service related opt-out settings please check you user settings after you logged in. 

How We Protect Your Information 

We maintain reasonable administrative, technical and physical safeguards to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on this Site and provided Services. 

Third-Party Links 

Everstream may reference or provide links to third party websites. We provide links that we think will be of interest or benefit to our customers and others who visit our Site. While we strive to provide links to sites that share our respect for our customers, we are not responsible for their content or their privacy practices. We encourage you to read the privacy statements of each and every web site you visit, and we encourage you to consult with you own advisor(s) before relying on any advice or information obtained on or through our Site or those web sites of third parties. Any access to and use of such linked websites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third party websites.   

1. Mixpanel

Our solution (platform only, not website) uses technologies from Mixpanel, which is a first-party analytics company with data centers in US and EU. 

Mixpanel is tracking the usage of the solution based on cookies and gives us insight to what is used and how often. 

Based on this information we are able to prioritze client´s requests and get transparency about platform feature usage and clients´ needs for improvement of the provided services. 

As a user you may opt out from tracking if you are logged in into the solution and adjust your Profile settings.  

Further information about Mixpanel´s Privacy Program and possibilities to opt out can be found here: https://mixpanel.com/legal/privacy-policy/

2. AuthO

Our solution (platform only, not website) uses technologies from AuthO (by Okta), which is an authentication platform. To simplify the registration and authentication process, Auth0 will on a case by case basis make use of third-party identity providers and save the information on its platform. 

Personal Data processed: email address; first name; last name; password; picture; Trackers; various types of Data as specified in the privacy policy of the service. 

Place of processing: European Union. 

Further information about Auth0´s Privacy Program and possibilities to opt out can be found here: Auth0 Data Privacy and Compliance and Okta Privacy Policy 

Changes to this Privacy Policy 

We reserve the right, at any time, to modify, alter, or update this policy, and any such modifications, alterations, or updates will be effective upon posting. Your continued use of the Site after the new Privacy Policy has been posted will signify your acceptance of the modified Privacy Policy. If we make any changes to this Privacy Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and notifying registered users by the email address on record.   

Notice of Transfer, Use, and Storage of Your Information 

Our servers are based in the United States. If you provide information to us through our Site and our Services, we will store and process that information in the United States and may use a cloud solution hosted by a third party service provider. As a result, your data may be subject to access by law enforcement and other government entities, including courts and tribunals in accordance with laws applicable in those jurisdictions.  

Questions and Comments 

If you have questions about this privacy policy, or if you believe that we are not following the policy as it is set forth here, you may contact us by emailing us at [email protected].