Privacy notice for prospective customers, customers, and sales partners

Data protection is a matter of great importance to us. Below, we provide information about how we process your personal data and the rights and remedies available to you under data protection laws.

1. Who is responsible for data processing, and who can you contact?

peoplefone GmbH
Felix Pflüger
Salierstr. 38
70736 Fellbach

2. Contact Information for the Data Protection Officer

We have appointed a Data Protection Officer for our company.

MSO Consulting
Daniel Voigtländer
Zeisigweg 11
71397 Nellmersbach

Email: datenschutz@peoplefone.de

3. What sources and data do we use?

We process personal data that we receive from you in the course of our business relationship. In addition, to the extent necessary for the provision of our services, we process personal data that we have lawfully received from third parties (e.g., SCHUFA) (e.g., to fulfill orders or based on consent you have provided).

Relevant personal data includes personal details [name, address, phone number, email address(es)]. As part of the telecommunications service, the outgoing phone number, destination phone number, date and time the call began, date and time the call ended, and IP address are stored and processed for each call. In addition, depending on the contract status, bank details (IBAN, BIC) are stored and anonymized.

4. Why do we process your data (purpose of processing) and on what legal basis?

The legal basis for handling the customer’s personal data includes, among others, the European General Data Protection Regulation (EU GDPR), the Federal Data Protection Act (BDSG), the Telecommunications and Digital Services Data Protection Act (TDDDG), the Telecommunications Act (TKG), and the State Treaty on Broadcasting and Telemedia (RStV). Personal data is collected, processed, or used only if the data subject has given consent or if the TDDDG, the TKG, the BDSG, or another legal provision requires or permits it.

4.1. Consent (Art. 6(1)(a) GDPR)

If you have given us your consent to process personal data, that consent serves as the legal basis for the processing specified therein. You may revoke your consent at any time with future effect.

4.2. Performance of contractual obligations (Art. 6(1)(b) GDPR)

We process your personal data to fulfill our contracts with you and to provide telecommunications services. Furthermore, your personal data is processed to carry out measures and activities within the scope of pre-contractual relationships.

You can find further details and additional information regarding the purposes of processing in our contractual documents, forms, consent forms, and other information provided to you (e.g., on the website or in the terms and conditions).

4.3. Compliance with Legal Obligations (Art. 6(1)(c) GDPR)

We process your personal data when necessary to comply with legal obligations (e.g., commercial and tax laws).

In addition, the disclosure of personal data may be required in the context of administrative or judicial proceedings for the purposes of gathering evidence, criminal prosecution, or the enforcement of civil claims.

4.4. Legitimate Interests of Ours or of Third Parties (Art. 6(1)(f) GDPR)

We may also use your personal data based on a balancing of interests to safeguard our legitimate interests or those of third parties. This is done for the following purposes:

  • for advertising, informational messages, and status updates via email (1–2 emails per month), provided you have not objected to the use of your data.
  • to obtain business-related information, provided this goes beyond our economic risk (applies only to customers who pay by invoice).
  • To assert legal claims and defend against legal disputes that are not directly related to the contractual relationship.
  • For internal and external investigations and/or security checks.
  • For the possible monitoring of telephone calls for support purposes (if you have authorized us to do so).
  • To record calls if you have activated the “Answering Machine” service with the “Send Call via Email” option.

5. Categories of personal data processed by us

The following data is processed:

  • Personal data (first name, last name)
  • Contact information (address, email address, phone number, and similar data)
  • Date of birth (for individual customers)
  • Bank account information (IBAN, BIC)
  • IP addresses

6. Who receives your data?

We share your personal data within our company with the departments that require this data to fulfill contractual and legal obligations or to pursue our legitimate interests.

If you are interested in our services, your inquiry—including your contact information—will be forwarded to one of our regional sales partners.

In addition, the following entities may receive your data:

  1. Sending information and trouble reports via email:
    CleverReach GmbH & Co. KG, Mühlenstraße 43, 26180 Rastede
  2. Fault notifications via SMS (must be activated in the portal):
    Messagebird GmbH, Weidestraße 126, 22083 Hamburg

7. Transfer of Your Data to a Third Country or an International Organization

Call billing is processed in a safe third country by our parent company, peoplefone AG, Albisstrasse 107, CH-8038 Zurich. The data is collected, processed, and used there until you revoke your consent or until the statutory retention periods expire (see Section 8).

8. How long do we store your data?

To the extent necessary, we process your personal data for the duration of our business relationship, which also includes the initiation and execution of a contract.

We delete personal data of prospective customers 6 months after the last contact.

In addition, we are subject to various retention and documentation requirements arising, among other things, from the German Commercial Code (HGB) and the German Fiscal Code (AO). The retention and documentation periods specified therein extend up to ten years beyond the end of the business relationship or the pre-contractual legal relationship.

In addition, the storage of your call data is subject to the Telecommunications Act (TKG). The retention period specified therein is 6 months for your call data.

Ultimately, the retention period is also determined by the statutory limitation periods, which, for example, pursuant to Sections 195 et seq. of the German Civil Code (BGB), are generally three years but may extend up to thirty years in certain cases.

9. To what extent is automated decision-making used in individual cases (including profiling)?

We do not use any purely automated decision-making processes in accordance with Article 22 of the GDPR. Should we use such processes in individual cases, we will inform you separately, provided this is required by law.

10. Your Data Protection Rights

You have the right of access under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, and the right to data portability under Article 20 of the GDPR. In addition, you have the right to lodge a complaint with a data protection supervisory authority (Article 77 of the GDPR). In principle, under Article 21 of the GDPR, you have the right to object to our processing of your personal data. However, this right to object applies only under very specific circumstances related to your personal situation, and our company’s rights may, in some cases, override your right to object. If you wish to exercise any of these rights, please contact our Data Protection Officer.

11. Scope of Your Obligations to Provide Us with Your Data

You are only required to provide the data necessary for establishing and carrying out a business relationship or for a pre-contractual relationship with us, or data that we are legally obligated to collect. Without this data, we will generally not be able to conclude or perform the contract. This may also apply to data required later on in the course of the business relationship. If we request additional data from you, you will be separately informed that the provision of such data is voluntary.

12. Information Regarding Your Right to Object (Article 21 of the GDPR)

You have the right at any time to object to the processing of your data that is carried out pursuant to Art. 6(1)(f) GDPR (data processing based on a balancing of interests) or Art. 6(1)(e) GDPR (data processing in the public interest), provided there are grounds arising from your particular situation.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defense of legal claims.

We may also process your personal data for direct marketing purposes. If you do not wish to receive marketing communications, you have the right to object at any time. We will honor this objection going forward.

We will no longer process your data for direct marketing purposes if you object to such processing.

You may submit your objection informally to the address listed in Section 1.