Data privacy policy

This privacy policy applies to the personal data that is processed in connection with the initial registration as a Sharpist user, with the download of our apps and their use.
Regarding the personal information we process when you visit our public website at www.sharpist.com, the privacy policy applying to the visit to our website, can be found at https://www.sharpist.com/privacy.

Responsible body

The body responsible within the meaning of the EU General Data Protection Regulation (Art. 4 Para. 7 GDPR) and other national data protection laws as well as other data protection provisions is the data controller:

Sharpist GmbH
Karl-Marx-Str. 58
12043 Berlin
Germany

mail@sharpist.com

Data protection officer

If you have any questions about the data protection of the Sharpist Apps or suspect a breach of data protection regulations, the company data protection officer of the responsible body can be reached at

Philipp Nordhus
c/o Sharpist GmbH
Karl-Marx-Str. 58
12043 Berlin
Germany

datenschutz@sharpist.com

General Information on data use

The personal data collected by us is used to provide and improve our content and services. The collection and use of personal data is carried out only if the processing of personal data is permitted by law.

Specific services and associated service providers

The following list explains the scope of the processing of personal data within the scope of the specific service, the legal basis for data processing, the purpose of data processing, the duration of storage and further provisions of any service providers.
All our service providers have undertaken to comply with at least equivalent data protection standards as we do and work for Sharpsit within the framework of data processing agreements. Service providers outside the European Union are also subject to the Privacy Shield Framework (cf. Art. 45 GDPR).

Registration form on the Sharpist website:

As part of the registration process, we collect and process the following data, depending on the user: Name, email address, telephone number, professional position, language preferences, and answers to questions about the coaching goals. These data are processed to create your user account, to provide you with the necessary login data and to contact you. This data is stored in a protected data area of Bubble Group Inc., NY, (https://bubble.is/dpa).
The legal basis for the processing is Art. 6 Para. 1 lit. b GDPR (fulfillment of contract to use the mobile apps and the corresponding digital coaching).

App-Download:

You can download Sharpist Mobile Apps exclusively from the Apple App Store and the Google Play Store. When downloading, the providers of these app stores collect personal data:

  • When downloading from the Apple App Store, Apple Distribution, Hollyhill, Cork, Republic of Ireland, contactus.de@euro.apple.com, a subsidiary of Apple Inc. collects a variety of information, including name, address, telephone number, email address, contact preferences, device IDs, IP addresses and location information. Further processing of this data is the sole responsibility of the above-mentioned operator of the App Store, with whom you as a user have entered into a corresponding contractual relationship.
    Further information on the subject of data protection at this provider can be found at https://www.apple.com/legal/privacy/en-ww/.
  • Google Inc, 1600 Amphitheater Parkway, Mountainview, California 94043, USA, collects a variety of data, including your name and password, when you download from the Google Play Store. The further storage and processing of this data is the sole responsibility of the aforementioned operator of the App Store, with whom you as a user have concluded a corresponding contractual relationship.You can find more information on the subject of data protection at this provider at www.policies.google.com/privacy.

Use of the App:

When using the Sharpist Apps to take benefit from our coaching services and to use our media services, we store and process name, email address, profile picture, language preferences, inputs in the app content, logbook entries for coaching sessions, appointments, assignments of media content and duration and technical data for coaching sessions. The data is stored in data centres of Hetzner Online GmbH, 91710 Gunzenhausen on behalf of Sharpist, protected against unauthorized access.
The legal basis for the processing is Article 6 paragraph 1 sentence 1 lit. b GDPR (fulfillment of contract).

Your data will remain stored as long as your user account exists; You can cancel your user account at any time without notice.

In order to improve the quality and functionality of our app as well as to identify, clarify and prevent any misuse of our infrastructure, we store the following information about the data retrieved from our server:

  • the data query
  • date and time of query,
  • transferred amount of data,
  • the result of the data request (data transfer, request invalid, other error),
  • description of the type of mobile device used,
  • the IP address of the requesting terminal.

The legal basis for this data processing is Art. 6 para. 1 lit. f GDPR (legitimate interest of the body in charge).
We delete the stored data at the latest 12 months after their recording.

Questionnaires:

In order to enable optimal coaching, answers to test questions are evaluated. This data is securely transmitted and stored by JotForm Inc. in San Francisco. In addition, the data is stored pseudonymously only, so that information can only be assigned to a natural person by instructed Sharpist employees.
The legal basis for processing said data entered is Art. 6 Para. 1 lit. b GDPR (fulfillment of contract). Your data will remain stored as long as your user account exists; You can cancel your user account at any time without notice.

Learning content:

When accessing training media such as text content, audio content or video content, the following data is processed:

  • the name of the requested media file,
  • date and time of query,
  • transferred amount of data,
  • the result of the file request (file transfer, file not found, other errors),
  • Description of the type of web browser and mobile device used,
  • the IP address of the requesting terminal.

We process this data in order to improve the quality and functionality of our technical infrastructure as well as to ascertain, clarify and prevent any misuse of our infrastructure (Article 6 para. 1 lit. f of the GDPR - legitimate interest).
We delete the stored data at the latest 12 months after their recording.

Make an appointment:

The initial date and time appointment for personal coaching and with the Sharpist team are arranged via the service provider Calendly LLC. For this purpose, the name of the user and the availability of the dates stated will be processed. The strict regulations for data storage and data protection of Calendly LLC (https://calendly.com/pages/privacy) apply.
The Legal basis for the processing of said data is art. 6 para. 1 lit. b GDPR (fulfillment of contract).

Chat in the app and on our website:

The messenger service Intercom (Intercom Inc., San Francisco, USA) in the Sharpist Apps can be used for communication between the user and the Sharpist coach as well as the Sharpist team. The strict regulations on data storage and data protection of Intercom Inc. apply. (https://www.intercom.com/en/security).
Legal basis for the processing of the data resulting from the chat (text messages, user ID, date and time) is art. 6 para. 1 lit. b GDPR (fulfillment of contract).
The data generated during the chat is stored in accordance with current technical standards, so that only instructed employees of Sharpist have access to this data. They remain stored for as long as your user account exists.

Video coaching:

We use Twilio, a service of Twilio Inc., 375 Beale Street, 3rd Floor, San Francisco, California 91405, privacy@twilio.com for the video calls in the Sharpist Apps. For more information on Twilio Inc.'s privacy policy, please visit www.twilio.com/legal/privacy.
The transmission of video and audio data as part of the coaching between user and Sharpist coach or the consultation of a Sharpist employee is end-to-end encrypted in accordance with the technical standard DTLS-SRTP.
This data is stored and transmitted exclusively for the duration of the video coaching and is not further stored or processed.
The legal basis for the processing of the image and sound data generated during video coaching is Art. 6 para. 1 lit. b GDPR (fulfillment of contract).

In addition, Sharpist processes protocols, notes and user navigation in the mobile app to provide individual and user-related coaching by Sharpist experts and the individual Sharpist Coach. These data are stored access-protected as part of a data processing agreement on storage media of Google LLC Ireland und Hetzner Online GmbH, Gunzenhausen. The legal basis for the processing of this data is Art. 6 para. 1 lit. b DSGVO (fulfillment of contract). They remain stored as long as your user account exists.


Analysis programs and cookies

The media content offered on the Sharpist platform and in the Sharpist apps uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymisation is activated, your IP address will be shortened by Google in advance within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be transmitted to a Google server in the USA where it will be shortened. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and Google from processing this data by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout.

Further information on the use of your data by Google can be found at http://www.google.com/analytics/terms.

Google Analytics cookies are stored on the basis of Art. 6 Para. 1 lit. f GDPR. Sharpist has a legitimate interest in the analysis of user behaviour in order to optimise its website and thus also serves the financing and customer-oriented use, adaptation and updating of the website.

Your rights as a user

a) Right to confirmation:
Any data subject shall have the right to obtain confirmation as to whether personal data relating to her, him or them are being processed.

b) Right of access (Art. 15 GDPR):
Every data subject has the right to obtain, free of charge, information on the personal data stored concerning her, him or them and a copy of this information.

c) Right to rectification (Art. 16 GDPR):
Every data subject has the right to demand that the data controller rectify any inaccurate personal data concerning her, him or them without delay.

d) Right to cancellation (right to be forgotten) (Art. 17 GDPR):
Every data subject has the right to request that personal data relating to her, him, or them be deleted immediately.
If you wish your user account to be deleted, simply send an informal request to support@sharpist.com and we will delete all personal data so that no conclusions can be drawn about your person.

e) Right to limitation of processing (Art. 18 GDPR):
Every data subject has the right to demand that the processing be restricted if one of the reasons stated by law applies.

f) Right to data transferability (Art. 20 GDPR):
Every data subject has the right to obtain the personal data concerning her, him, or them provided by her or him or them to a data controller in a structured, common and machine-readable format and to communicate these data to another data controller without hindrance, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or is based on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out using 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 right to data transferability pursuant to Art. 20 para. 1 GDPR, the data subject shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller, insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.

g) Right to revoke consent under data protection law (Art. 13 GDPR):
Every data subject has the right to revoke consent to the processing of personal data at any time if the processing is based on Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.

h) Right to dissent (Art. 21 GDPR):
Any data subject shall have the right to dissent at any time to the processing of personal data concerning her, him, or them on the basis of Article 6(1)(e) or (f) of the GDPR relating to reasons of her, his or their particular situation. This also applies to profiling based on this data privacy agreement.

i) Automated decisions in individual cases, including profiling (Art. 22 DSGVO):
Any data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon her, him, or them or significantly affects her, him or them in a similar way, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorized by European Union or national law to which the controller is subject and which contains adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject. In the cases referred to in (1) and (3), appropriate actions shall be taken to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to have the data subject intervene, to present her or his or their views and to challenge the decision.

Duration for which the personal data will be stored

The storage of personal data takes place for the purpose of fulfilling the contract (Art. 6 (1) (b) GDPR) as long as the user account exists. You can cancel your user account with us at any time without notice.

External contents

On the pages of our website and in our coaching products, third-party content (e.g. YouTube videos or videos from other providers, Google Maps, RSS feeds, etc.) may also be integrated. The providers of this content usually store cookies on the user's device. You can prevent this by making the appropriate settings in your device and browser, but this may result in these contents not being displayed correctly. In addition, many (third-party) providers store the IP address of the user in order to be able to send the corresponding contents to the user's browser. Unfortunately, we have no influence on the use of the IP address by the (third-party) provider.

Data Privacy Statement

Privacy Policy for Sharpist App Users (Learner)

Hereinafter we inform you about the nature, scope and purpose of the processing ofyour personal data when using the Sharpist Mobile App or Web App (herein after referred to as „App“). Personal data is any information that relates to an identified oridentifiable natural person.

§ 1 – Controller

The person responsible (“Controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. Controller within the meaning of the GDPR for the personal data processed by us is:

Sharpist GmbH

Karl-Marx-Straße 58

12043 Berlin

phone +49 (0) 30 120 88 76 33

e-mail mail@sharpist.com

(hereinafter “we”).

§ 2 – Internal Data Protection Officer, Data Protection Authority

(1) We have designated Mr.Philipp Nordhus as our internal Data Protection Officer. You can reach him in our office via the above contact details or viadatenschutz@sharpist.com.

(2) The data protection authority locally responsible for our company is: Berliner Beauftragte für Datenschutz und Information sfreiheit, Friedrich straße 219, 10969Berlin.

§ 3 – Installation, Registering, and Using the App

(1) Our mobile app is available for download in the Apple App Store (Apple Inc., 1Apple Park Way, Cupertino, CA 95014, USA) and the Google Play Store (Google LLC,1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). When you install our19.11.2020 page 1 of 16mobile app, Apple or Google will send us the following data about you or your device: Ad-ID, OS version and language. In addition, the terms of contract and privacy information of Apple and Google apply.

(2) Employees using our Sharpist App are called „Learners“ by us. As a Learner, you can only use the Sharpist App after registration. To register, it is necessary that you provide the following information about yourself in the App: first name, last name, gender, and e-mail address. You cannot register the Sharpist App without providing these pieces of information.

(3) After registration, we ask you to share some additional information with us: your preferred language, your role in the company you are working with, details of your personal goals („Goals“) and details of topics that should be excluded from coaching(„No-Gos“).

(4) You may voluntarily provide additional personal data, e.g. your telephone number. When you have provided us with your telephone number, we can call you in case that technical problems arise when you use the Sharpist App or in case that a scheduled coaching session must be cancelled or postponed at short notice due to technical or organizational obstacles. This use of your phone number and possible further data provided voluntarily is based on your consent (Article 6 par. 1 letter a GDPR).

§ 4 – Disclosure of certain data to your Coach

(1) In order to offer you a suitable coaching, we will forward the following data on you to one or more Coaches: first name, last name, gender, academic title, associated company, your role in the company you are working with, Goals, No-Gos and preferred language. The Coaches shall process this data for no other purpose than the fulfilment of the specific coaching assignment; any processing beyond this is prohibited. Coaches shall delete any personal data related a Learner upon completion of the coaching.

(2) After a Coaching session, the Coach may choose keywords that outline the session’s topic; these keywords will be shared with us, but without information on which Coach chose which keywords regarding which Learner. You can review the keywords assigned to a session in the App. Please see Annex „Session topic keywords“ for the keyword list the Coach may choose from.

(3) We collect all the above-mentioned data in order to be able to properly fulfil our contract concluded with you employer on coaching their employees (Article 6paragraph 1 letter b GDPR).

(4) We shall delete the personal data collected from you when our contractual relationship with your employer has ended or when you declare that you no longer wish to use the App.19.11.2020 page 2 of 16

(5) Insofar as we, following your employer’s instruction, have included your name orpseudonym in an invoice for accounting purposes this invoice component can not be deleted before the end of the tax retention period.

§ 5 – Disclosure of certain data to your employer

(1) During the contractual relationship regarding the use of Sharpist App, we will provide your employer with the following information:

   (a) the first name and last name of all Learners who have registered the Sharpist App in connection with the contract between your employer    and us,

   (b) the first name and last name of all Coaches assigned to Learners as definedin (a), and

   (c) the keywords that the Coaches have sent us on the topics of their coaching sessions, but without information on which Coach sent    which keywords regarding which Learner.

(2) However, we shall provide the above information only when there are at least 5Learners having completed at least 10 coaching sessions altogether. Otherwise, we shall only disclose the number of registered Learners.

§ 6 – Establishing contact by e-mail

(1) When you contact us by e-mail, we will process your message together with your contact details (your name, your e-mail address and possible further information added by your e-mail client and the servers transferring your e-mail).

(2) This data processing is based on our legitimate interest to answer you request and to handle possible follow-up communication (Article 6 paragraph 1 letter f GDPR). We shall delete the data collected from you at the end of the calendar year following the last communication with you.

(3) Our mail servers work with TLS and SSL, thus the data transfer between your and our mail servers will be encrypted as long as your e-mail provider supports at least one of these features.

§ 7 – Processors and other recipients of personal data

(1) Processors according to Article 28 GDPR

   (a) For the operation of our website on the Internet, for the Sharpist Mobile App and the Sharpist Web App we use services provided by the    following processor: Hetzner Online GmbH, Industries tr.25, 91710 Gunzenhausen, Germany.

   (b) To receive, store and dispatch e-mails we use services provided by the following processors: Google (Google Ireland Limited, Gordon House,    Barrow Street, Dublin 4,Ireland) and Twilio (Twilio Inc., 375 Beale Street, Suite 300, San Francisco, CA94105, USA).When we use Twilio, personal    data is transferred to the USA, which are a third country lacking an adequacy decision by the Commission of the European Union. Data transfer    is hence made in accordance with Article 46par. 2 lit. c GDPR based on the EU Standard Contractual Clauses.

   (c) For processing our Clients‘ personal data, we use use services provided by the following processors: HubSpot (HubSpot Germany GmbH,    Koppen straße 93, 10243 Berlin), Jot Form (Jot Form Inc., 801 Garden Street, Suite 201, Santa Barbara, CA 93101, USA) and Pipefy (Pipefy, Inc., 1209    N Orange Street, Wilmington, DE 19801, USA).When we use Jot Form or Pipefy, personal data is transferred to the USA, which are a third country lacking an adequacy decision by the Commission of the European Union. Data transfer is hence made in accordance with Article46 par. 2 lit. c GDPR based on the EU Standard Contractual Clauses.

(2) Further recipients

   (a) For video communication between Coaches and Learners our app uses the services of Twilio (Twilio Inc., 375 Beale Street, Suite 300, San    Francisco, CA 94105,USA). Since Twilio does not process data on our behalf, Twilio is not a processor in terms of Article 28 GDPR, but receives    data directly from the Coaches and Learner staking part in the video communication.

   (b) For online chat communication between Coaches and Learners we use the services of Intercom (Intercom R&D Unlimited Company, 18-21    St. Stephen’s Green, Dublin 2, Ireland).

§ 8 – Your Rights

With regard to your personal data we process, you have the following rights:

You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.

You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.

You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.

You may demand that we restrict the processing of your data if one of there quirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.

We will communicate any rectification or erasure of your personal data and are striction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will a lsoin form you about these recipients if you request it.

You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.

As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.

RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION,YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.

IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES(E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOURPERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULTTHAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.

If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.

Privacy Policy for Sharpist App Users (Coaches)

Hereinafter we inform you about the nature, scope and purpose of the processing of your personal data when using the Sharpist Mobile App or Web App (hereinafter referred to as „App“). Personal data is any information that relates to an identified or identifiable natural person.

§ 1 – Controller

The person responsible (“Controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. Controller within the meaning of the GDPR for the personal data processed by us is:

Sharpist GmbH

Karl-Marx-Straße 58

12043 Berlin

phone +49 (0) 30 120 88 76 33

e-mail mail@sharpist.com

(hereinafter “we”).

§ 2 – Internal Data Protection Officer, Data Protection Authority

(1) We have designated Mr.Philipp Nordhus as our internal Data Protection Officer. You can reach him in our office via the above contact details or viadatenschutz@sharpist.com.

(2) The data protection authority locally responsible for our company is: Berliner Beauftragte für Datenschutz und Informations freiheit, Friedrich straße 219, 10969Berlin.

§ 3 – Data that we collect for the cooperation with you

(1) If you would like to work for us as a Coach, we request the following data from you: first and last name, billing address, e-mail address, telephone number, tax number, VAT identification number, bank account details, information about your language skills, education and professional experience.

(2) We collect this data to decide whether and in which areas you can work for us as a coach and to carry out the coaching assignments (contract negotiations and contract implementation according to Article 6 par. 1 letter b GDPR).

(3) If no contractual relationship has been established between you and us, we shall delete your data at the end of the calendar year following the last communication with you.

(4) If a contract has been concluded between you and us, we will delete the data collected about you as soon as a particular information is no longer required for the performance of the contract. Where personal data is contained in contractual documents, commercial letters, invoices or comparable documents or files, we shall delete these as soon as the applicable retention periods under commercial and tax law have expired.

(5) We do not use automated decision making in connection to the conclusion of contracts; nor do we use profiling technology.

§ 4 – Installation, Registering, and Using the App

(1) Our mobile app is available for download in the Apple App Store (Apple Inc., 1Apple Park Way, Cupertino, CA 95014, USA) and the Google Play Store (Google LLC,1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). When you install our mobile app, Apple or Google will send us the following data about you or your device: Ad-ID, OS version and language. In addition, the terms of contract and privacy information of Apple and Google apply.

(2) As a Coach, you can only use the installed App after a registration. To register, it isnecessary to provide your e-mail address and select a password.

(3) After registration, we ask you to share some additional information with us: your preferred language, Invoice information, type of coach, coaching experience, work experience, degree, coaching focus, introductory text, coach log in sessions and information on Sharpist learners and sessions.

(4) You may voluntarily provide additional personal data, which we process based on your consent (Article 6 par. 1 letter a GDPR).

§ 5 – Quality management

(1) In order to ensure a high quality of service, we will use your telephone number as described below:

   (a) We would like to call you occasionally to ask you about your experience inworking with us. This concerns for example the following topics:    Design and usability of the Sharpist App, reliability of the functions of the Sharpist App, your opinion on possible new functions or other    changes, suggestions for improvement from your side.

   (b) If a technical problem occurs with the Sharpist App installed on your device, we would like to be able to call you so that we can work    with you to better identify and resolve the problem.

   (c) If a learner has informed us that he/she would like to cancel or postpone a coaching session with you at short notice, we would inform    you by telephone if information via another channel would probably not reach you in time or not reliably.

   (d) In the event that planned coaching sessions are repeatedly missed for no apparent reason, we would like to clarify the reason by    telephone and discuss possible improvements for future scheduling.

(2) The use of your telephone number mentioned in paragraph 1 is based on our legitimate interest in offering the best possible service to all parties involved and in identifying technical and organizational obstacles and eliminating them for the future (Article 6 paragraph 1 letter f DSGVO).

§ 6 – Disclosure of certain data to Learners, Learners’ personal data

(1) Our Clients’ employees using use our Sharpist App are called „Learners“ by us. When we propose you as Coach for a Learner, we share the following information about you with the Learner via the Sharpist App: first name, last name, your photo, language skills, education and professional experience.

(2) When a Learner decides for you for the coaching, we will share the following information about the Learner with you: first name, last name, gender, academictitle, associated company, the Learner’s role in the company, details of the Learner’ spersonal goals („Goals“), details of topics that should be excluded from coaching(„No-Gos“ ), and preferred language.

(3) You shall use the data referred to in the foregoing paragraph for no other purpose than the fulfilment of the specific coaching assignment; any processing beyond this is prohibited. You must delete any personal data related a Learner upon completion of the coaching.

(4) After a Coaching session, you may choose keywords that outline the session’s topic. We will share these keywords with the Learner, and may, in certain cases, also share them with our Client. In no case we will tell our Client which Coach chose which keywords regarding which Learner. Please see Annex „Session topic keywords“ for the keyword list you may choose from.

(5) We process all the above-mentioned data in order to properly fulfil our contracts concluded with you and with our Clients on coaching our Clients’ employees(Article 6 paragraph 1 letter b GDPR).

§ 7 – Disclosure of certain data to our Client

(1) During the contractual relationship regarding the use of Sharpist App, we will provide our respective Client with the following information:

   (a) the first name and last name of all Coaches who have scheduled or completed a coaching,

   (b) the keywords that you have chosen on the topics of the coaching sessions, but without information on which Coach sent which    keywords regarding which Learner.

(2) However, we shall provide the above information only when there are at least 5Learners having completed at least 10 coaching sessions altogether. Otherwise, we shall only disclose the number of registered Learners.

§ 8 – Establishing contact by e-mail

(1) When you contact us by e-mail, we will process your message together with your contact details (your name, your e-mail address and possible further information added by your e-mail client and the servers transferring your e-mail).

(2) This data processing is based on our legitimate interest to answer you request and to handle possible follow-up communication (Article 6 paragraph 1 letter f GDPR). We shall delete the data collected from you at the end of the calendar year following the last communication with you.

(3) Our mail servers work with TLS and SSL, thus the data transfer between your and our mail servers will be encrypted as long as your e-mail provider supports at least one of these features.

§ 9 – Processors and other recipients of personal data

(1) Processors according to Article 28 GDPR

   (a) For the operation of our website on the Internet, for the Sharpist Mobile App and the Sharpist Web App we use services provided by the    following processor: Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany.

   (b) To receive, store and dispatch e-mails we use services provided by the following processors: Google (Google Ireland Limited, Gordon    House, Barrow Street, Dublin 4,Ireland) and Twilio (Twilio Inc., 375 Beale Street, Suite 300, San Francisco, CA94105, USA). When we use Twilio,    personal data is transferred to the USA, which are a third country lacking an adequacy decision by the Commission of the European Union.    Data transfer is hence made in accordance with Article 46par. 2 letter c GDPR based on the EU Standard Contractual Clauses.

   (c) For processing our Clients‘ personal data, we use use services provided by the following processors: HubSpot (HubSpot Germany GmbH,    Koppen straße 93, 10243 Berlin), Jot Form (Jot Form Inc., 801 Garden Street, Suite 201, Santa Barbara, CA 93101, USA) and Pipefy (Pipefy, Inc.,    1209 N Orange Street, Wilmington, DE 19801, USA).When we use Jot Form or Pipefy, personal data is transferred to the USA, which are a third    country    lacking an adequacy decision by the Commission of the European Union. Data transfer is hence made in accordance with Article46    par. 2 letter c GDPR based on the EU Standard Contractual Clauses.

(2) Further recipients

(a) For video communication between Coaches and Learners our app uses the services of Twilio (Twilio Inc., 375 Beale Street, Suite 300, San Francisco, CA 94105,USA). Since Twilio does not process data on our behalf, Twilio is not a processor in terms of Article 28 GDPR, but receives data directly from the Coaches and Learner staking part in the video communication.

(b) For online chat communication between Coaches and Learners we use the services of Intercom (Intercom R&D Unlimited Company, 18-21 St. Stephen’s Green, Dublin 2, Ireland).

§ 10 – Your Rights

With regard to your personal data we process, you have the following rights:

You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.

You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.

You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.

You may demand that we restrict the processing of your data if one of there quirements of Article 18 par. 1 GDPR applies. In particular, you can request there striction instead of an erasure.

We will communicate any rectification or erasure of your personal data and are striction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.

You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.

As far as a data processing is based on your given consent, you have the right to, with draw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.

RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION,YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.

IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES(E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOURPERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULTTHAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES..

If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.

Privacy Policy for our Customers

Hereinafter we inform you about the nature, scope and purpose of the processing of your personal data in connection with services offered or provided by us. Personal data is any information that relates to an identified or identifiable natural person

§ 1 – Controller

The person responsible (“Controller”) within the meaning of the EU General Data Protection Regulation (GDPR) is the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data. Controller within the meaning of the GDPR for the personal data processed by us is:

Sharpist GmbH

Karl-Marx-Straße 58

12043 Berlin

phone +49 (0) 30 120 88 76 33

e-mail mail@sharpist.com

(hereinafter “we”)

§ 2 – Internal Data Protection Officer, Data Protection Authority

(1) We have designated Mr.Philipp Nordhus as our internal Data Protection Officer. You can reach him in our office via the above contact details or viadatenschutz@sharpist.com.

(2) The data protection authority locally responsible for our company is: Berliner Beauftragte für Datenschutz und Informations freiheit, Friedrich straße 219, 10969Berlin.

§ 3 – Establishing contact, customer enquiries

(1) When you contact us to find out more about us or to request a quotation, we will process your name, academic title, name and address of the company you represent, your function in this company, your e-mail address, your telephone number and any other information you may have provided for your request.

(2) This data processing is based on Article 6 paragraph 1 letter b GDPR (processing for the purpose of initiating a contract). If no contractual relationship is established between you and us, the data collected from you shall be deleted at the end of the calendar year following the last communication with you.

§ 4 – Contractual relationships

(1) If you conclude a contract with us concerning the use of the Sharpist App(whether as a Web App, Mobile App or in any other form), we shall retain the data collected for the offer for the duration of the contractual relationship.

(2) During the ongoing cooperation, contact data of further representatives of your company may be added, e.g. for technical or content-related questions; § 3 par. 1applies to these accordingly.

(3) The purpose of processing is the fulfilment of the contract (Article 6 paragraph 1letter b GDPR).

(4) We shall delete the data collected in accordance with paragraphs 1-2 as soon as they are no longer required for the fulfilment of the contract in the specific case. Insofar as personal data are contained in contractual documents, commercial letters, invoices or comparable documents or files, we shall delete them as soon as the retention periods under commercial and tax law applicable to them have expired.

(5) We do not take automated decisions on the conclusion of contracts; nor do we use profiling technology.

§ 5 – Personal data of Learners

(1) Employees of your company who use our Sharpist App are called „Learners“ by us. Learners can only use the Sharpist App after registration. To register, it is necessary that the Learner provides the following information about himself in the App: first name, last name, gender, and e-mail address. It is not possible to register the Sharpist App without providing these data.

(2) After registration, we collect the following additional data from the Learner: hisp referred language, the Learner‘s role in the company, details of his personal goals(„Goals“) and details of topics that should be excluded from coaching („No-Gos“).

(3) The Learner may voluntarily provide additional personal data, e.g. his telephone number to facilitate contact with us in the event of technical or content-related questions from the Learner.

(4) In order to offer the Learner suitable coaching, we will forward the following data of the Learner to one or more Coaches: first name, last name, gender, academic title, associated company, the Learner‘s role in the company, Goals, No-goes and preferred language. The Coaches shall process this data for no other purpose than the fulfilment of the specific coaching assignment; any processing beyond this is prohibited. Coaches shall delete any personal data of the Learner upon completion of the coaching.

(5) We collect all the above-mentioned data in order to be able to properly fulfil the contract concluded with you for coaching your employees (Article 6 paragraph 1letter b GDPR).

(6) We delete the personal data collected from the Learner when the contractual relationship with you ends or when the Learner declares that he no longer wishes to use the Sharpist App.

(7) Insofar as we have included the name or pseudonym of a Learner in an invoice for accounting purposes following your instruction, this invoice component can not be deleted before the end of the tax retention period.

§ 6 – Disclosure of certain data to you

(1) During the contractual relationship regarding the use of Sharpist App, we provide you as our Client with the following information:

   (a) the first name and last name of all Learners who have registered the Sharpist App in connection with the contract between you and us,

   (b) the first name and last name of all Coaches assigned to Learners as defined in (a), and

   (c) the keywords that the Coaches have sent us on the topics of their coaching sessions, but without information on which Coach sent which    keywords regarding which Learner.

(2) However, we shall provide the above information only when there are at least 5Learners having completed at least 10 coaching sessions altogether. Otherwise, we shall only disclose the number of registered Learners.

§ 7 – Processors and other recipients of personal data

(1) Processors according to Article 28 GDPR

   (a) For the operation of our website on the Internet, for the Sharpist Mobile App and the Sharpist Web App we use services provided by the    following processor: Hetzner Online GmbH, Industries. 25, 91710 Gunzenhausen, Germany.

   (b) To receive, store and dispatch e-mails we use services provided by the following processors: Google (Google Ireland Limited, Gordon    House, Barrow Street, Dublin 4,Ireland) and Twilio (Twilio Inc., 375 Beale Street, Suite 300, San Francisco, CA94105, USA). When we use Twilio,    personal data is transferred to the USA, which are a third country lacking an adequacy decision by the Commission of the European Union.    Data transfer is hence made in accordance with Article 46par. 2 lit. c GDPR based on the EU Standard Contractual Clauses.

   (c) For processing our Clients‘ personal data, we use use services provided by the following processors: HubSpot (HubSpot Germany GmbH,    Koppen straße 93, 10243 Berlin), Jot Form (Jot Form Inc., 801 Garden Street, Suite 201, Santa Barbara, CA 93101, USA) and Pipefy ( Pipefy, Inc.,    1209 N Orange Street, Wilmington, DE 19801, USA).When we use Jot Form or Pipefy, personal data is transferred to the USA, which are a third    country lacking an adequacy decision by the Commission of the European Union. Data transfer is hence made in accordance with Article46    par. 2 lit. c GDPR based on the EU Standard Contractual Clauses.

(2) Further recipients

(a) For video communication between Coaches and Learners our app uses the services of Twilio (Twilio Inc., 375 Beale Street, Suite 300, San Francisco, CA 94105,USA). Since Twilio does not process data on our behalf, Twilio is not a processor in terms of Article 28 GDPR, but receives data directly from the Coaches and Learner staking part in the video communication.

(b) For online chat communication between Coaches and Learners we use the services of Intercom (Intercom R&D Unlimited Company, 18-21 St. Stephen’s Green, Dublin 2, Ireland).

§ 8 – Your Rights

With regard to your personal data we process, you have the following rights:

You have the right to obtain a confirmation from us as to whether we process personal data concerning you. If this is the case, we will inform you about the personal data stored about you and the further information in accordance with Article 15 par. 1 and 2 GDPR.

You have the right to have your inaccurate personal data rectified without undue delay. Taking into account the purposes of processing, you also have the right to request the completion of incomplete personal data, including by means of providing a supplementary statement.

You can demand the erasure of your personal data concerning you under the conditions of Article 17 par. 1 GDPR without undue delay, as far as their processing is not necessary according to Article 17 par. 3 GDPR.

You may demand that we restrict the processing of your data if one of there quirements of Article 18 par. 1 GDPR applies. In particular, you can request the restriction instead of an erasure.

We will communicate any rectification or erasure of your personal data and are striction of processing to all recipients to whom we have disclosed your personal data, unless this proves impossible or involves a disproportionate effort. We will also inform you about these recipients if you request it.

You have the right to receive the personal data which you provide to us in a structured, commonly used and machine-readable format. You may also request that we transmit the data to another controller without hindrance, where technically feasible.

As far as a data processing is based on your given consent, you have the right to, withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of the data processing based on consent before its withdrawal.

RIGHT TO OBJECT: ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION,YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOUR PERSONAL DATA; this right applies to a processing, according to Article 6 par. 1 f DPRG, necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. If you exercise your right to object, we will no longer process the personal data in question unless we can demonstrate compelling legitimate grounds for processing that override the interests, rights and freedoms of you, or for the establishment, exercise or defense of legal claims.

IN CASE WE PROCESS PERSONAL DATA FOR DIRECT MARKETING PURPOSES(E.G. NEWSLETTER), YOU MAY, AT ANY TIME, OBJECT TO PROCESSING OF YOURPERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING, WITH THE RESULTTHAT WE WILL NO LONGER PROCESS YOUR DATA FOR THESE PURPOSES.

If you believe that the processing of your personal data is in breach of the GDPR, you may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement. This does not exclude other administrative or judicial remedies.