In the following, we provide information about the collection of personal data when using
Personal data is any data that can be related to a specific natural person, such as their name or IP address.
The controller within the meaning of Art. 4 para. 7 EU General Data Protection Regulation (GDPR) is Baobab Insurance GmbH, Leipziger Platz 3, 10117 Berlin, Germany, email: contact@baobab.io. We are legally represented by Vincenz Klemm, Anton Foth.
Our data protection officer is heyData GmbH, Kantstr. 99, 10627 Berlin, www.heydata.eu,
E-Mail: datenschutz@heydata.eu.
We detail the scope of data processing, processing purposes and legal bases below. In principle, the following come into consideration as the legal basis for data processing:
Insofar as we transfer data to service providers or other third parties outside the EEA, the security of the data during the transfer is guaranteed by adequacy decisions of the EU Commission, insofar as they exist (e.g. for Great Britain, Canada and Israel) (Art. 45 para. 3 GDPR).
If no adequacy decision exists (e.g. for the USA), the legal basis for the data transfer are usually, i.e. unless we indicate otherwise, standard contractual clauses. These are a set of rules adopted by the EU Commission and are part of the contract with the respective third party. According to Art. 46 para. 2 lit. b GDPR, they ensure the security of the data transfer. Many of the providers have given contractual guarantees that go beyond the standard contractual clauses to protect the data. These include, for example, guarantees regarding the encryption of data or regarding an obligation on the part of the third party to notify data subjects if law enforcement agencies wish to access the respective data.
Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and no legal obligations to retain data conflict with the deletion. If the data are not deleted because they are required for other and legally permissible purposes, their processing is restricted, i.e. the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
Data subjects have the following rights against us with regard to their personal data:
Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data.
Contact details of the data protection supervisory authorities are available at https://www.bfdi.bund.de/EN/Service/Anschriften/Laender/Laender-node.html.
Within the scope of the business or other relationship, customers, prospective customers or third parties need to provide us with personal data that is necessary for the establishment, execution and termination of a business or other relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or to provide a service or will no longer be able to perform an existing contract or other relationship.
Mandatory data are marked as such.
As a matter of principle, we do not use a fully automated decision-making process in accordance with article 22 GDPR to establish and implement the business or other relationship. Should we use these procedures in individual cases, we will inform of this separately if this is required by law.
When contacting us, e.g. by e-mail or telephone, the data provided to us (e.g. names and e-mail addresses) will be stored by us in order to answer questions. The legal basis for the processing is our legitimate interest (Art. 6 para. 1 s. 1 lit. f GDPR) to answer inquiries directed to us. We delete the data accruing in this context after the storage is no longer necessary or restrict the processing if there are legal retention obligations.
From time to time, we conduct customer surveys to get to know our customers and their wishes better. In doing so, we collect the data requested in each case. It is our legitimate interest to get to know our customers and their wishes better, so that the legal basis for the associated data processing is Art. 6 para. 1 s. 1 lit f GDPR. We delete the data when the results of the surveys have been evaluated.
During the informative use of the website, i.e. when site visitors do not separately transmit information to us, we collect the personal data that the browser transmits to our server in order to ensure the stability and security of our website. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.
These data are:
This data is also stored in log files. They are deleted when their storage is no longer necessary, at the latest after 14 days.
Our website is hosted by Webflow. The provider is Webflow, Inc., 398 11th St., Floor 2, San Francisco, CA 94103, USA. In doing so, the provider processes the personal data transmitted via the website, e.g. content, usage, meta/communication data or contact data in the USA. Further information can be found in the provider's privacy policy at https://webflow.com/legal/eu-privacy-policy.
It is our legitimate interest to provide a website, so the legal basis of the described data processing is Art. 6 para. 1 s. 1 lit. f GDPR.
The legal basis of the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses (Art. 46 para. 2 lit. c GDPR) adopted by the EU Commission in accordance with the examination procedure under Art. 93 para. 2 of the GDPR, which we have agreed to with the provider.
We use a content delivery network to help provide our website. The provider is Amazon Web Services, Inc., 410 Terry Avenue North, Seattle WA 98109, USA (privacy policy: https://aws.amazon.com/de/privacy/?nc1=f_pr). The provider thereby processes the personal data transmitted via the website, e.g. on content, usage, meta/communication data or contact data. It is our legitimate interest to provide a website, so that the legal basis for data processing is Art. 6 para. 1 s. 1 lit. f GDPR.
We publish positions that are vacant in our company on our website, on pages linked to the website or on third-party websites.
The processing of the data provided as part of the application is carried out for the purpose of implementing the application process. Insofar as this is necessary for our decision to establish an employment relationship, the legal basis is Art. 88 para. GDPR in conjunction with Sec. 26 para. 1 of the German Data Protection Act (Bundesdatenschutzgesetz). We have marked the data required to carry out the application process accordingly or refer to them. If applicants do not provide this data, we cannot process the application.
Further data is voluntary and not required for an application. If applicants provide further information, the basis is their consent (Art. 6 para. 1 s. 1 lit. a GDPR).
We ask applicants to refrain from providing information on political opinions, religious beliefs and similarly sensitive data in their CV and cover letter. They are not required for an application. If applicants nevertheless provide such information, we cannot prevent their processing as part of the processing of the resume or cover letter. Their processing is then also based on the consent of the applicants (Art. 9 para. 2 lit. a GDPR).
Finally, we process the applicants' data for further application procedures if they have given us their consent to do so. In this case, the legal basis is Art. 6 para. 1 s. 1 lit. a GDPR.
We pass on the applicants' data to the responsible employees in the HR department, to our data processors in the area of recruiting and to the employees otherwise involved in the application process.
If we enter into an employment relationship with the applicant following the application process, we delete the data only after the employment relationship has ended. Otherwise, we delete the data no later than six months after rejecting an applicant.
If applicants have given us their consent to use their data for further application procedures as well, we will not delete their data until one year after receiving the application.
Interested parties can open a customer account on our website or, if our offer is still in preparation, make a preliminary inquiry for a customer account.
In relation to end customers as users, we process the e-mail address. In relation to brokers as users, we also process the following data:
The processing of the data is carried out for the fulfillment of the respective concluded contract of use of the account, so that the legal basis of the processing is Art. 6 para. 1 s. 1 lit. b GDPR. Insofar as our offer is still in preparation, the processing is carried out for the preparation of a corresponding contract with the user.
In this context, we contact customers to discuss the conclusion or execution of a contract. We have a legitimate interest in responding to users' requests. The legal basis is Art. 6 para. 1 s. 1 lit. f GDPR. Based on our legitimate interest to improve our email communication, we process the opening and click-through rates of the emails.
For the processing of payments, we use payment processors who are themselves data controllers within the meaning of Art. 4 No. 7 GDPR. Insofar as they receive data and payment data entered by us in the ordering process, we thereby fulfill the contract concluded with our customers (Art. 6 para. 1 s. 1 lit. b GDPR).
These payment processors are:
We use Weglot for translations. The provider is Weglot, 138, rue Pierre Joigneaux in BOIS-COLOMBES (92270), France. The provider processes meta/communication data (e.g. device information, IP addresses) in the EU.
The legal basis for the processing is Art. 6 para. 1 s. 1 lit. f GDPR. We have a legitimate interest in automatically translating information on our website.
The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://weglot.com/de/privacy/.
We use Google reCAPTCHA to manage authentifications. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Dublin, Irland. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.
The legal basis for the processing is Art. 6 para. 1 s. 1 lit. a GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are consents.Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=en-US.
We use Mailchimp for email marketing and to manage emails. The provider is Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. The provider processes usage data (e.g. web pages visited, interest in content, access times), contact data (e.g. e-mail addresses, telephone numbers), meta/communication data (e.g. device information, IP addresses), and master data (e.g. names, addresses) in the USA.
The legal basis for the processing is Art. 6 para. 1 s. 1 lit. a GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses (Art. 46 para. 2 lit. c GDPR) adopted by the EU Commission in accordance with the examination procedure under Art. 93 para. 2 of the GDPR, which we have agreed to with the provider.
The data is deleted when the purpose for which it was collected no longer applies. Further information is available in the provider's privacy policy at https://mailchimp.com/legal/privacy/.
We use Google Analytics for analytics. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Dublin, Irland. The provider processes usage data (e.g. web pages visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.
The legal basis for the processing is Art. 6 para. 1 s. 1 lit. a GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses (Art. 46 para. 2 lit. c GDPR) adopted by the EU Commission in accordance with the examination procedure under Art. 93 para. 2 of the GDPR, which we have agreed to with the provider.
The data will be deleted when the purpose for which it was collected no longer applies and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=en-US.
We are represented in social media networks in order to present our company and our services there. The operators of these networks regularly process their users' data for advertising purposes. Among other things, they create user profiles from their online behaviour, which are used, for example, to show advertising on the pages of the networks and elsewhere on the Internet that corresponds to the interests of the users. To this end, the operators of the networks store information on user behaviour in cookies on the users' computers. Furthermore, it cannot be ruled out that the operators merge this information with other data. Users can obtain further information and instructions on how to object to processing by the site operators in the data protection declarations of the respective operators listed below. It is also possible that the operators or their servers are located in non-EU countries, so that they process data there. This may result in risks for users, e.g. because it is more difficult to enforce their rights or because government agencies access the data.
If users of the networks contact us via our profiles, we process the data provided to us in order to respond to the inquiries. This is our legitimate interest, so that the legal basis is Art. 6 para. 1 s. 1 lit. f GDPR.
We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here: https://https://www.linkedin.com/legal/privacy-policy?_l=de_DE.
One way to object to data processing is via the settings for advertisements: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
As a German MGA, Baobab distributes and manages insurance products and related services for one or more insurance companies with permission according to §34 d GewO (also called "Assekuradeur"). Within the framework of the agreements and powers of attorney made with the insurance companies, Baobab's tasks primarily include issuing the insurance policy and collecting premiums. However, the insurance company named in the insurance policy always remains the risk bearer and service provider in the event of a claim.
To this end, information, including personal data, needs to be exchanged between different participants in the insurance contract during its tenure.
To explain the terms used in this data protection declaration, you will find below a description of the functions and tasks of the most important parties in the insurance contract execution:
During the insurance contract, Baobab receives personal data from:
In certain cases and for the purpose of performing some Services, Baobab and the Customer agree that Baobab is a data processor. When Baobab acts as data processor, it fulfills the obligations contained in the respective agreement concluded with its customers.
Baobab collects and processes the following personal data:
Where Baobab collects such information directly from individuals, we will inform them of whether it is necessary to provide that information and of the consequences of not providing it on the relevant form.
Baobab collects personal information from a variety of sources, including but not limited to (depending on your country of residence):
This section describes the purposes for which personal information is used, how that information is shared and the legal bases we rely on to process the information.
These legal bases are set out in the General Data Protection Regulation (GDPR), which states that companies may only process personal data where the processing is permitted under the specific legal bases set out in the regulation. The complete description of the individual legal bases can be found in the table below.
Please note that Baobab discloses personal information to service providers, contractors, subcontractors and members for the purposes set out in this Privacy Policy, except as disclosed in the table below
Collection or refund of insurance premiums, payment of insurance benefits
General customer support, including communication with customers
Investigation and prosecution of fraud or any other type of legal defense
Processing of insurance claims
Contacting the customer to organize the extension of the insurance contract
Transfer of business books, sale and restructuring of companies
Marketing analytics and direct marketing, including data anonymization
General risk modeling
Compliance with legal or regulatory obligations
To facilitate the provision of insurance coverage and the processing of insurance claims, Baobab relies on the data subject's consent to process special categories of personal data, including but not limited to contact data. This consent permits Baobab to share the data with insurers, other intermediaries and reinsurers who may need the data to perform their functions in the insurance contract. The data subject's consent to the processing of special categories of personal data is a necessary condition, so that Baobab can provide the services requested by the customer. If Baobab is provided with information about another individual, you agree to inform that third party about our use of their personal information and to obtain their consent for us.
Individuals can withdraw their consent to this processing at any time. As a result, however, Baobab can no longer provide the services for the customer concerned. In addition, if an individual withdraws consent to the processing of Special Categories of Personal Data by an insurer or reinsurer, continued coverage may no longer be possible.
Baobab has appropriate physical, electronic and procedural safeguards in place to protect the information Baobab maintains. These security measures depend on factors such as confidentiality, format, location, amount, distribution and storage of the personal data and include measures designed to protect personal data from unauthorized access by third parties. Where appropriate, these security measures include encryption of communications over SSL, encryption of data at rest, firewalls, access controls, segregation of duties, and similar security protocols. Baobab limits access to personal information to those employees and third parties who have a legitimate and relevant business need to access that information.
Baobab collects, uses, discloses and otherwise processes personal information for the purposes set out in this Privacy Policy or as permitted by law. If Baobab requests personal data to be provided for a purpose that is incompatible with the purposes set out in this Privacy Policy, customers will be informed of the new purpose and, where appropriate, consent will be obtained from individuals to process personal data for the new purpose or purposes obtained for new purposes (or third parties are asked to obtain consent on Baobab's behalf).
Baobab's retention periods for personal data are based on business needs and legal requirements. Baobab retains personal information for as long as is necessary or required by law for the purpose(s) of processing for which the information was collected and for other permissible, related purposes. For example, Baobab may retain certain transaction data and communications until the expiry of a claim relating to those transactions, or to comply with legal or regulatory requirements regarding retention of that data. When personal data is no longer needed.
We reserve the right to change this privacy policy with effect for the future. A current version is always available here.
If you have any questions or comments regarding this privacy policy, please feel free to contact us using the contact information provided above.
