BEARING X PRIVACY POLICY FOR TEST AND EVALUATION
Table of Contents:
1. Definitions
2. Name and address of the controller and operator of Bearing X
3. General information on the privacy policy
4. Collection of general data and information
5. Registration on Bearing X
6. Contact options via Bearing X
7. Routine deletion and blocking of personal data
8. Rights of the concerned data subjects
9. Changes and updates to the privacy policy
10. Legitimate interests in the processing pursued by the controller or a third party
11. Existence of automated decision making
1. Definitions:
Bearing X's data privacy policy is based on the terminology used by the European legislator for directives and regulations when the General Data Protection Regulation (GDPR) was adopted. This privacy policy is intended to be easy to read and understand for users of Bearing X. To ensure this, the terms used are explained.
The terms used in this privacy policy include the following:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as "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, on-line identification, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
c) Processing
Processing is any operation or set of operations, whether or not performed by automated means, which is performed upon personal data, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
e) Controller or data processor
Controller or data controller is the natural or legal person, public authority, agency or any 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 Union or national law, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union or national law.
f) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
g) Receiver
The recipient is any natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether that person is a third party. However, authorities which may receive personal data in the context of a specific investigation mandate under Union or national law shall not be considered as recipients.
h) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the personal data.
i) Consent
Consent shall mean any freely given, informed and unequivocal expression of the data subject's will in a specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. Name and address of the controller and operator of Bearing X
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
EARLY BRANDS GmbH
Georg-Gröning-Str. 98
28209 Bremen
Germany
Tel.: (+49) 163 3859732
Email: team@bearingx.io
3. General information on the privacy policy
Art. 6(1a) GDPR serves the Bearing X operator as a legal basis for processing operations where the operator obtains 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, such as processing operations necessary for the provision of a service or consideration, the processing is based on Art. 6(1b) GDPR.
If the operator of Bearing X is subject to a legal obligation which makes the processing of personal data necessary, for example to fulfil tax obligations, the processing is based on Art. 6(1c) GDPR.
Ultimately, processing operations could be based on Art. 6(1f) GDPR. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of the operator of Bearing X or of a third party, unless the interests, fundamental rights and freedoms of the data subject are overridden. Such processing operations are permitted because they are specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (Recital 47 sentence 2 GDPR).
4. Collection of general data and information
The general trading data or market data arising from the trade are temporarily stored and evaluated. When using this information, the data controller does not draw any conclusions about the data subject. This information is required to ensure the permanent functionality of BEARING X.
5. Registration on Bearing X
The use of Bearing X is only possible after registration by a company. This requires the submission of certain data. If the required data is not provided, registration and thus participation in the Live Trading Test at Bearing X is not possible. The necessary personal data includes the name and e-mail address of the person concerned. The processing of this personal data is necessary to fulfil the registration contract, Art. 6 (1b) GDPR.
The personal data submitted by the data subject is collected and stored solely for internal use by the controller and for the purposes of the controller's own activities. The controller may arrange for the personal data to be disclosed to one or more processors who shall also use the personal data exclusively for internal use.
The controller shall at any time upon request provide any data subject with information as to which personal data relating to the data subject are stored. Furthermore, the controller shall correct or delete personal data at the request or notice of the data subject, unless this is contrary to any legal obligation to preserve records.
With the termination of the user account, the user's data will be deleted, provided that they concern the user account and are not stored for other legally permitted or necessary reasons (e.g. order transactions based on tax law retention obligations).
It is the responsibility of the users to save their data in case of termination before the end of the contract. The operator of Bearing X is entitled to irretrievably delete all user data stored during the contract period.
6. Contact options via Bearing X
In cases where a data subject contacts the controller by e-mail or telephone, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted by a data subject to the controller on a voluntary basis shall be stored for the purposes of processing or for contacting the data subject. Such personal data shall not be disclosed to third parties.
7. Routine deletion and blocking of personal data
The controller and its processors shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose for which the data are stored or where provided for by the European legislator or other legislator in laws or regulations to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directives and Regulations or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with legal requirements.
8. Rights of the concerned data subjects
8.1. Right to confirmation
Every data subject has the right, granted by the European Directive and Regulation, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
8.2. Right to information
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the data controller information on personal data relating to him/her and a copy of this information. The European Data Protection Supervisor has also granted the data subject access to the following information:
• the processing purposes
• the categories of personal data processed
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or international organisations
• if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
• the existence of a right of rectification or erasure of personal data relating to him or her or of a restriction on processing by the controller or a right to object to such processing
• the existence of a right of appeal to a supervisory authority
• if the personal data are not collected from the data subject: All available information on the origin of the data
• the existence of automated decision-making, including profiling, in accordance with Art. 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact an employee of the controller.
8.3. Right of rectification
Any person affected by the processing of personal data has the right, granted by the European legislator, to request the rectification without delay of inaccurate personal data concerning him. The data subject shall also have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
8.4. Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and where the processing is not necessary:
• The personal data has been collected or otherwise processed for purposes for which it is no longer necessary.
• The data subject withdraws the consent on which the processing was based pursuant to Art. 6(1a) of the GDPR or Art. 9(2a) of the GDPR and there is no other legal basis for the processing.
• The data subject submits an objection to the processing in accordance with Art. 21(1) GDPR, and there are no overriding legitimate reasons for the processing, or the data subject submits an objection to the processing in accordance with Art. 21(2) GDPR.
• The personal data were processed unlawfully.
• The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
• The personal data was collected in relation to information society services offered, in accordance with Art. 8(1) of the GDPR.
• If any of the above reasons apply and a data subject wishes to request the deletion of personal data stored by the operator of Bearing X, he/she may contact an employee of the data controller at any time. The employee of the operator of Bearing X will arrange for the deletion request to be executed immediately.
If the personal data has been made public by the operator of Bearing X and if the operator of Bearing X, as the data controller, is obliged to delete the personal data in accordance with Art. 17 (1) GDPR, the operator of Bearing X will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The employee of the operator of Bearing X will take the necessary steps in individual cases.
8.5. Right to restrict processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:
• The accuracy of the personal data is contested by the data subject, for a period that allows the controller to verify the accuracy of the personal data.
• The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted.
• The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
• The data subject has lodged an objection to the processing pursuant to Art. 21(1) of the GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by the operator of Bearing X, he/she can contact an employee of the data controller at any time. The employee of the Bearing X operator will initiate the restriction of the processing.
8.6. Right to data portability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been made available to a controller by the data subject in a structured, common and machine-readable format. He or she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6(1a) or Art. 9(2a) GDPR or on a contract pursuant to Art. 6(1b) GDPR and that the processing is carried out by means of automated procedures, unless the 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.
Furthermore, when exercising his or her right to data transfer, the data subject has the right, in accordance with Art. 20(1) of the GDPR, to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and as far as this does not adversely affect the rights and freedoms of other persons.
To assert the right to data transferability, the data subject may at any time contact an employee of the Bearing X operator.
8.7. Right of appeal
Every person concerned by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out on the basis of Art. 6(1e) or Art. 6(1f) of the GDPR. This also applies to profiling based on these provisions.
In the event of an objection, the operator of Bearing X will no longer process the personal data, unless he can prove compelling reasons for processing that are worthy of protection and outweigh the interests, rights and liberties of the data subject, or the processing serves to assert, exercise or defend legal claims.
If the operator of Bearing X processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, as far as it is related to such direct marketing. If the data subject objects to the Bearing X operator to the processing for the purpose of direct marketing, the Bearing X operator will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out by the operator of Bearing X for the purposes of scientific or historical research or for statistical purposes in accordance with Art. 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right of objection, the data subject may directly contact any employee of the Bearing X operator. The data subject is also free to exercise his right of objection in relation to the use of information society services, notwithstanding directive 2002/58/EC, by means of automated procedures involving technical specifications.
8.8. Automated decisions in individual cases including profiling
Every person concerned by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him/her or significantly affects him/her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or (3) is made with the explicit consent of the data subject.
If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is made with the explicit consent of the data subject, the Bearing X operator shall take reasonable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person from the controller, to put forward his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time consult an employee of the controller.
ANY PERSON CONCERNED BY THE PROCESSING OF PERSONAL DATA HAS THE RIGHT, GRANTED BY THE EUROPEAN LEGISLATOR, TO REVOKE AT ANY TIME HIS/HER CONSENT TO THE PROCESSING OF PERSONAL DATA.
IF THE DATA SUBJECT WISHES TO EXERCISE HIS/HER RIGHT TO WITHDRAW HIS/HER CONSENT, HE/SHE MAY AT ANY TIME CONTACT AN EMPLOYEE OF THE CONTROLLER.
9. Changes and updates to the privacy policy
The operator of Bearing X asks you to inform yourself regularly about the content of this privacy policy. The operator of Bearing X will adapt the privacy policy as soon as changes in the data processing carried out by him make this necessary. The operator of Bearing X will inform you as soon as the changes require a cooperation action on your part (e.g. consent) or any other individual notification.
10. Legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Art. 6(1f) of the GDPR, the legitimate interest is the conduct of business for the benefit of the well-being of all employees and shareholders of the operator of Bearing X.
11. Existence of automated decision making
As a responsible company, the operator of Bearing X avoids automatic decision making or profiling.
Status: 7th June 2021