Data privacy

1. Introduction

With the following information, we would like to provide you, as the “data subject,” with an overview of how your personal data is processed by us and inform you of your rights under data protection laws. Using our website is generally possible without entering personal data. However, if you wish to use special services of our company via our website, it may become necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.

The processing of personal data, such as your name, address, or email address, is always in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to “Mondo Gate AG.” Through this data protection declaration, we aim to inform you about the scope and purpose of the personal data we collect, use, and process.

As the party responsible for processing, we have implemented numerous technical and organizational measures to ensure the most comprehensive protection of personal data processed through this website. Nevertheless, internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us by alternative means, such as by telephone or postal mail.

2. Controller

The controller within the meaning of the GDPR is:

Mondo Gate AG
Wagrienring 23
23730 Sierksdorf
Germany

Representative of the Controller: Peer-Hendrik Grenke-Klimstein

3. Data Protection Officer

You can contact the Data Protection Officer as follows:

Perfekter Datenschutz (OT) GmbH
Speicherstraße 13
60327 Frankfurt am Main

Email: datenschutz[at]mondogate.com

You can contact our Data Protection Officer at any time with all questions and suggestions regarding data protection.

4. Definitions

This privacy policy is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use the following terms, among others:

1. Personal Data
   Personal data means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, particularly by reference to an identifier such as a name, identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
2. Data Subject
   Data subject is any identified or identifiable natural person whose personal data is processed by the data controller (our company).
3. Processing
   Processing is any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.
4. Restriction of Processing
   Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
5. Profiling
   Profiling is any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning the work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.
6. Pseudonymization
   Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.
7. Processor
   Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
8. Recipient
   Recipient is a natural or legal person, public authority, agency, or other body to whom personal data is disclosed, whether a third party or not. However, authorities that may receive personal data in the context of a particular inquiry in accordance with Union or Member State law are not regarded as recipients.
9. Third Party
   Third party is a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
10. Consent
    Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes, in the form of a statement or by a clear affirmative action, signifying agreement to the processing of personal data relating to them.

5. Legal Basis for Processing

Article 6(1)(a) GDPR (in conjunction with § 15(3) TMG) serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose.

If the processing of personal data is necessary for the performance of a contract to which you are a party, such as in the case of processing operations required for the supply of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations necessary to carry out pre-contractual measures, for instance, in the case of inquiries about our products or services.

If our company is subject to a legal obligation that requires the processing of personal data, such as for fulfilling tax obligations, the processing is based on Article 6(1)(c) GDPR.

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance data, or other vital information would need to be shared with a doctor, hospital, or other third party. Then the processing would be based on Article 6(1)(d) GDPR.

Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations that are not covered by any of the above-mentioned legal grounds if processing is necessary for the legitimate interests of our company or a third party, provided that these are not overridden by the interests, fundamental rights, and freedoms of the data subject. The European legislator explicitly mentioned such processing in particular because it considered that a legitimate interest could be assumed if you are a customer of our company (Recital 47 Sentence 2 GDPR).

6. Technology

6.1 SSL/TLS Encryption

This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data, or contact inquiries that you send to us as the operators. You can recognize an encrypted connection by the “https://” in the browser’s address bar instead of “http://” and by the padlock symbol in your browser.

We use this technology to protect the data you transmit.

6.2 Data Collection During Website Visits

When you use our website solely for informational purposes, meaning if you do not register or transmit information to us in any other way, we only collect data that your browser transmits to our server (in so-called “server log files”). Each time you or an automated system accesses a page, a range of general data and information is captured. This general data and information is stored in the server’s log files. The following data may be collected:

1. Browser types and versions used,
2. The operating system used by the accessing system,
3. The website from which an accessing system reaches our website (so-called referrer),
4. The sub-websites that are accessed via an accessing system on our website,
5. The date and time of access to the website,
6. A truncated Internet Protocol address (anonymized IP address),
7. The Internet service provider of the accessing system.

We do not draw any conclusions about your person when using this general data and information. This information is needed to

1. Deliver the contents of our website correctly,
2. Optimize the contents of our website and the advertising for it,
3. Ensure the long-term functionality of our IT systems and the technology of our website, and
4. Provide law enforcement agencies with the necessary information for prosecution in the event of a cyberattack.

These collected data and information are evaluated by us on one hand statistically and on the other hand to increase data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.

The legal basis for data processing is Art. 6 para. 1 sentence 1 lit. f GDPR. Our legitimate interest arises from the purposes listed above for data collection.

7. Cookies

7.1 General Information about Cookies

We use cookies on our website. These are small files that your browser automatically creates and are stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our site.

The cookie stores information that is related to the specific device you are using. However, this does not mean that we immediately gain knowledge of your identity.

The use of cookies serves to make the use of our offering more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after leaving our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your device for a specific predetermined period. When you visit our site again to use our services, it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and evaluate it for the purpose of optimizing our offering for you. These cookies enable us to automatically recognize on a subsequent visit to our site that you have already been with us. These cookies are automatically deleted after a defined period.

7.2 Legal Basis for the Use of Cookies

The data processed by cookies that are required for the proper functioning of the website are necessary to protect our legitimate interests as well as those of third parties according to Art. 6 para. 1 sentence 1 lit. f GDPR.

For all other cookies, you have given your consent through our opt-in cookie banner in accordance with Art. 6 para. 1 lit. a GDPR.

8. Contents of Our Website

8.1 Data Processing When Opening a Customer Account and for Contract Processing

According to Art. 6 para. 1 lit. b GDPR, personal data is collected and processed when you provide us with this information for the execution of a contract or when opening a customer account. Which data are collected can be seen from the respective input forms. Deleting your customer account is possible at any time and can be done by sending a message to the above-mentioned address of the responsible party. We store and use the data you provide for contract processing. After the complete execution of the contract or deletion of your customer account, your data will be blocked with regard to tax and commercial retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or we have reserved a legally permitted further use of the data, which we will inform you about below.

8.2 Data Processing When Registering to Use the Mondo Gate Online Media

According to Art. 6 para. 1 lit. b GDPR, personal data is collected and processed when you provide us with this information for registration to use the Mondo Gate online media via the web application. The following basic steps are necessary for this:

• The customer registers on the domain www.mondogate.com or a landing page of mondogate.com and follows the instructions for opening the account. Verification of the email address is required.
• This is followed by the activation of the account at Mondo Gate and the creation of a crypto wallet with Tangany. Acceptance of Tangany’s terms and conditions is required for this. Afterwards, receiving cryptocurrency is possible.
• To send cryptocurrencies, two-factor authentication (2FA) via e.g., Google Authenticator and a KYC verification by the partner WebID or by trained personnel of Mondo Gate is required.
• After successfully setting up the 2FA and KYC, the customer data is shared with the provider Tangany, and the “Send” function of the wallet becomes available.
• If the customer opts for an upgrade of the account to an additional SEPA account and debit card, the customer goes through the account opening process for the customer bank account at Paycenter. In this process, the customer accepts the pricing of the selected package and the terms and conditions of Paycenter.
• The customer data is automatically shared in the registration process for the account/card with Paycenter, and the SEPA account and debit card are set up within a few minutes.
• After successfully opening the account, the customer gains access to the Mondo Gate online media.
• KYC information is forwarded to Tangany and Paycenter to provide the services.

8.3 Data Processing When Registering to Use Mondo Gate Online Media via Mobile Applications

According to Art. 6 para. 1 lit. b GDPR, personal data is collected and processed when you provide us with this information for registration by the customer to use the Mondo Gate online media via the mobile application. The following steps are then required, with the exception of the corresponding steps mentioned above:

• The customer visits the respective app store (Google Play or Apple App Store) and downloads the mobile application.
• The customer registers in the mobile application and follows the instructions for opening the account. Verification of the email address is required.

By clicking the link from the confirmation email sent to the customer, the customer confirms the identity of their email address. By confirming their registration, the customer accepts these terms and conditions. The customer is required to use an email address for registration to which only they have access.

8.4 Data Processing for Order Processing

The personal data we collect is passed on to the transport company commissioned with the delivery within the framework of contract processing, as far as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution as part of payment processing, provided this is necessary for payment processing. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Art. 6 para. 1 lit. b GDPR.

8.5 Contact / Contact Form

In the context of contacting us (e.g., via contact form or email), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is used exclusively for the purpose of responding to your inquiry or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your inquiry in accordance with Art. 6 para. 1 lit. f GDPR. If your contact aims at concluding a contract, the additional legal basis for processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after your request has been conclusively processed, which is the case when it can be inferred from the circumstances that the matter has been conclusively clarified and as long as there are no legal retention obligations to the contrary.

9. Web Analysis

9.1 Google Analytics

We use Google Analytics on our websites, a web analysis service of Google Ireland Limited (https://www.google.de/intl/de/about/) (Gordon House, Barrow Street, Dublin 4, Ireland; hereinafter referred to as “Google”). In this context, pseudonymized usage profiles are created and cookies (see point “Cookies”) are used. The information generated by the cookie about your use of this website, such as

1. Browser type/version,
2. Operating system used,
3. Referrer URL (the previously visited page),
4. Hostname of the accessing computer (IP address),
5. Time of the server request,

is transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activities, and to provide additional services related to website usage and internet usage for the purposes of market research and demand-oriented design of these internet pages. This information may also be transferred to third parties, provided that this is required by law or if third parties process these data on behalf. In no case will your IP address be merged with other data from Google. The IP addresses are anonymized so that an assignment is not possible (IP masking).

You can prevent the installation of cookies by adjusting the settings of your browser software; however, we would like to point out that in this case, not all functions of this website may be fully utilized.

These processing operations take place exclusively with your explicit consent in accordance with Art. 6 para. 1 lit. a GDPR.

Furthermore, you can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).

Alternatively, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on the following link: Disable Google Analytics. An opt-out cookie will be set that prevents the future collection of your data when visiting this website. The opt-out cookie only applies in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

For more information on data protection in connection with Google Analytics, please refer to the Google Analytics Help (https://support.google.com/analytics/answer/6004245?hl=de).

10. Plugins and Other Services

10.1 Google Tag Manager

This website uses Google Tag Manager, a cookieless domain that does not collect personal data.

This tool allows “website tags” (i.e., keywords embedded in HTML elements) to be implemented and managed through an interface. By using Google Tag Manager, we can automatically track which button, link, or personalized image you have actively clicked on and thus determine which content of our website is particularly interesting for you.

The tool also triggers other tags that may collect data themselves. Google Tag Manager does not access this data. If you have made a deactivation at the domain or cookie level, this will remain for all tracking tags implemented with Google Tag Manager.

These processing operations occur exclusively with your explicit consent in accordance with Art. 6 para. 1 lit. a GDPR.

10.2 Google WebFonts

Our website uses so-called web fonts provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, for the uniform display of fonts. When you access a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

To this end, the browser you are using must connect to Google’s servers. This allows Google to know that our website has been accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and appealing presentation of our website.

These processing operations occur exclusively with your explicit consent in accordance with Art. 6 para. 1 lit. a GDPR.

For more information on Google Web Fonts, please visit https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/.

11. Your Rights as a Data Subject

11.1 Right to Confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

11.2 Right to Access Art. 15 GDPR

You have the right to obtain free information from us at any time about the personal data stored about you as well as a copy of this data in accordance with the statutory provisions.

11.3 Right to Rectification Art. 16 GDPR

You have the right to request the rectification of inaccurate personal data concerning you. Furthermore, you have the right to request the completion of incomplete personal data, taking into account the purposes of processing.

11.4 Erasure Art. 17 GDPR

You have the right to request that personal data concerning you be erased immediately, provided that one of the legally provided reasons applies and as far as the processing or storage is not necessary.

11.5 Restriction of Processing Art. 18 GDPR

You have the right to request the restriction of processing from us if one of the legal requirements is met.

11.6 Data Portability Art. 20 GDPR

You have the right to receive the personal data concerning you, which you provided to us, in a structured, commonly used, and machine-readable format. You also have the right to transmit these data to another controller without hindrance from us, to whom the personal data was provided, provided that the processing is based on consent in accordance with Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract in accordance with Art. 6 para. 1 lit. b GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, you have the right to ensure that the personal data are transmitted directly from one controller to another where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

11.8 Revocation of Data Protection Consent

You have the right to revoke consent to the processing of personal data at any time with effect for the future.

11.9 Complaint to a Supervisory Authority

You have the right to lodge a complaint with a supervisory authority responsible for data protection regarding our processing of personal data.

12. Routine Storage, Deletion, and Blocking of Personal Data

We process and store your personal data only for the period necessary to achieve the storage purpose or as provided by the legal provisions to which our company is subject.

If the storage purpose ceases to exist or a prescribed storage period expires, personal data will routinely be blocked or deleted in accordance with the legal regulations.

13. Duration of Storage of Personal Data

The criterion for the duration of storage of personal data is the respective statutory retention period. After the retention period has expired, the corresponding data will routinely be deleted, provided they are no longer required for contract fulfillment or the initiation of a contract.

14. Currentness and Changes to the Privacy Policy

This privacy policy is currently valid and has the status: June 2022.

Due to the ongoing development of our websites and offerings or due to changed legal or regulatory requirements, it may become necessary to change this privacy policy. The current privacy policy can be accessed and printed at any time on the website at “www.mondogate.com/datenschutzerklaerung”.

This privacy policy was created with the support of the data protection software: audatis MANAGER.