Here you will find information on how ERGO communicates via the various channels, what data is produced as a result, and how it is handled.
Besides the communication channels described below, some information and services are also provided by your agency and are its responsibility.
If you contact your agency owner direct, without using ERGO systems, the data transferred will then be beyond ERGO’s control. Examples:
- WhatsApp communications via your agency’s number, as well as other messenger services such as Facebook Messenger
- Your agency’s Facebook Page
- Email communications to email addresses not ending in “ergo.de”
For information in this regard, please contact your agency owner.
8.1. Written communication
In the vast majority of cases, correspondence sent to ERGO is digitised (scanned) immediately upon receipt and forwarded electronically to the relevant department.. There, the digital document is stored for as long as its purpose or statutory retention requirements require. The original document is destroyed in line with data privacy legislation after a waiting period of 30 days.
8.2. Email correspondence
ERGO uses the email address you provide to send you a reply with the information requested. However, ERGO only sends personal or confidential information once it has been encrypted, or, should this not be possible, by post. If the content of your message relates to a contract, ERGO will archive the email. The email address will be saved exclusively for corresponding with you and will not be shared with third parties.
You will not receive any unsolicited emails from ERGO, so if ever you do receive an unsolicited email that purports to be from ERGO, it is fake and should be deleted. Before sending ERGO an unencrypted email, please remember that on the internet its contents are not protected against unauthorised access or falsification. Consequently, we would recommend that you send any message to ERGO using the contact form indicated on our website.
8.3. Privacy notice in relation to voice recording during telephone contact with ERGO Direkt AG
This privacy notice informs you who is responsible for voice recording on the phone, when and for what purpose voice recording is carried out, and what rights you have as the data subject. The privacy notice applies to phone contact both by you with ERGO Direkt AG and by ERGO Direkt AG with you. The company responsible for processing the data is ERGO Direkt AG, Karl-Martell-Strasse 60, 90344 Nuremberg.
You can reach the Data Protection Officer at this address – by adding the words “Data Protection Officer” – or by email at datenschutz@ergo.de.
We use call recordings (voice data) and the resulting text files (transcripts) to derive your wishes and requirements from the information you provide. We also store technical call data such as the phone number, the start of the call, the end of the call and the call duration.
If, before or during the call, you agree to it being recorded, we will use the information and data obtained for the following purposes:
8.3.1. Training and quality assurance
We analyse some calls with regard to customer communication, compliance with company standards and optimisation potentials. The results are discussed with the member of staff concerned. In individual cases, certain parts of the telephone call are referred to for this purpose. This is used for training our staff. The aim is to constantly improve communication with our customers, so that we can offer them a better quality of service and advice.
8.3.2. Individual analyses
We analyse individual calls with regard to relevant information about you as an individual. This information also helps us to offer you an optimised quality of service and advice. Here, a high-quality approach that is relevant (only of interest to you) is of particular importance to us. This means that, in future, we want to speak to you in a more individual and targeted way and avoid offering services and products that are not relevant to you.
8.3.3. Statistical analyses (cumulative)
In collaboration with research projects, we carry out statistical analyses of all the calls recorded. In this way, we identify significant and relevant accumulations of words (call categories) which provide information on our customers’ wishes and needs. These analyses are carried out with anonymised data.
8.3.4. Documentation and erasure of data
We save the call recordings (voice data) and resulting text files (transcripts) for documentation purposes. All call recordings are deleted after 13 months at the latest, or even before then, if you have withdrawn your consent. The text files produced are anonymised and permanently processed for analysis purposes.
The legal basis for the processing of personal data is your consent. We obtain this for call recording and call documentation, as well as for the subsequent individual analyses of calls. There is no requirement for you to provide data or give your consent to the recording of calls. If you are not in agreement with the recording and further use of the call, we will of course take that into account.
If necessary, we make written notes on the course of the call. These notes are used to document the content of the call. The data collected is processed and used only by internal departments of ERGO Direkt AG and is not shared with third parties.
You have the right of access to, rectification, erasure and restriction of, and objection to the processing of data, as well as a right to data portability. If you would like to make use of your rights, please contact the address mentioned above.
If you think that the processing of your data breaches data protection law or that your data protection rights have been violated, you can also complain to the competent supervisory authority. The competent data protection supervisory authority for us is: Data Protection Authority of Bavaria for the Private Sector (BayLDA), Promenade 18, 91522 Ansbach.
8.4 Social networks
The websites and our apps use social plug-ins of several social networks, including Facebook, Twitter, Google+ and the like. The plug-ins are marked with a logo or with the add-on “social plug-in”. If you access one of our website pages or an app containing such a plug-in, these plug-ins can create direct links to the social network and could transmit data. The plug-in, your browser and the social network will then all communicate with one another.
Through the integration of the plug-ins, the social networks receive the information that you have accessed a particular page on our website. If you are logged into the social network at the time, it can attribute the visit to your social network account. If you interact with the social plug-ins, for example by clicking the “Like” button or making a comment, this information is transmitted directly to the social network and stored there in accordance with the respective social network’s policy.
For information on the purpose and scope of the data collection and the further processing and use of the data by the social network, as well as your rights in this regard and setting options for protecting your privacy, please refer to the relevant social network’s privacy notice. If you don’t want social networks to know about your visit to our websites, you will need to log out of the social networks before visiting our website or using our app.
8.5 Voice assistants
If you use a voice assistant via a device with a built-in microphone (e.g. Amazon Echo, Google Home), your audio recording will be processed via the apps installed there (e.g. Amazon Alexa, Google Assistant). In particular, your complete audio recording and your use of the voice assistant are then processed both on your device and on those manufacturers’ servers. Their Terms of Use and Privacy Notices apply:
Amazon Alexa Privacy Notice
Google Home Privacy Notice
If you use these voice assistants to contact us, obtain general information, information relating to a specific contract, or quotations (“voice services”), the provider of the voice assistant in question passes information to us. This is necessary if we are to be able to respond to your enquiry. However, we only receive the content of your enquiry, not the voice recording itself. This is retained in your user account of the relevant voice assistant where you can manage it (in particular delete it).
We only receive your location or email address if this is necessary to respond to your enquiry and you have granted us access to this information when speaking to the voice assistant.
If you want to use an existing user account (e.g. Amazon Login) to use one of our voice services, we only receive information from this account if you have previously given your express consent. The legal basis is then your consent as per Art. 6(1)(a) GDPR. If you also agree to the use of the payment functions of one of your existing user accounts (e.g. Amazon Pay) in our voice service, then we only receive your contact and address data for the payment from the payment service provider but not your bank details. Otherwise, all we receive is what is known as a “token”, which is needed for technical reasons so that you can sign in with us using the existing user account and then pay without giving us login details. The legal basis for this data processing is therefore both your contract with us, Art. 6(1)(b) GDPR, and the legal obligation to specify the service recipient in invoices, Art. 6(1)(c) GDPR in conjunction with Section 14(4) of the German Value Added Tax Act (UStG).
Finally, we also receive a number (called an ID) so that we can pass the answer to your enquiry to your voice assistant. This ID is linked to our service in the voice assistant but not to you as a person. In this way, the information you requested (e.g. quotations, general information or information about a contract) can be sent to you again via the voice assistant manufacturer’s servers and systems and your device, so that you can receive it as a voice message or text message. We can only attribute this ID to you personally if the content of your voice recording contains unambiguous information about you (e.g. name, contract number).
The legal basis for this data processing is the pre-contractual information provided to you or the contract with you, Art. 6(1)(b) GDPR.
We also process data with the help of the Adobe Analytics service. The legal basis for this is our legitimate interest in accordance with Art. 6(1)(f) GDPR. In this respect, the remarks concerning Adobe Analytics (see section 6.2 above) apply accordingly.
If you delete the ID that is allocated to our service, we can no longer attribute your enquiry and its answer to any device and person. This does not apply, however, if you yourself have passed personal information to us via the voice assistant. In general and in principle, we process the above personal information only for as long as is necessary for us to deal with your enquiry. If your enquiry relates to a contract or a contract proposal, our retention periods set out in section 2.11 above apply.
8.6. Text chat on ERGO.de
ERGO.de offers you the possibility of communicating via live chat.
Your consent to storage of the resulting data is obtained at the start of the communication. Your rights as a data subject apply in the same way and to the same extent as described under “Your rights”.
Controller: ERGO Direkt AG, 90344 Nuremberg
Data processed: communication metadata (time, duration), communication content data, identification data (if exchanged)
Purpose: communication with prospects and customers, obligation to provide proof of the contents
Legal basis: consent (Art. 6(1)(a) GDPR)
Recipients/transfer: does not take place
Retention period at ERGO Direkt AG: maximum of 180 days
8.7. Use of WhatsApp
WhatsApp is a service of WhatsApp Inc., which is in turn part of Facebook Inc. ERGO uses this external application exclusively as a service channel. ERGO is in no way responsible for the content and data shared, uploaded and processed via WhatsApp outside its own ERGO network. For this, the WhatsApp Privacy Policy applies.
Please carefully read through WhatsApp’s Privacy Policy before using WhatsApp since, by using WhatsApp, you automatically agree to that policy. When you write us a message via WhatsApp, you send us your phone number. We only use the number to communicate with you via WhatsApp. We use the chat content only to process your enquiry. Please observe the WhatsApp Terms of Use, on which we have no influence: If you install and use WhatsApp on your mobile phone, you agree to the WhatsApp Terms of Use. These include, amongst other things, that you grant WhatsApp Inc. access to your telephone number and the contacts stored on your phone. We don’t reply to personal or confidential questions (i.e. with content relating to personal data) via WhatsApp. You should therefore provide an email address or phone number for such questions.
Important: ERGO will never ask you to share personal data with us via WhatsApp. If we need your data, one of our staff will tell you what options there are for exchanging data, for example a secure contact form.
8.8 Privacy notice in relation to the comments function in the ERGO blog
If you want to write a comment in our blog, we need your name and email address to check your identity. Your email address isn’t published and nor is it shared with third parties. In the blog, only your (nick)name and the comment you have written are published.
8.9 Privacy notice for visitors and in relation to video surveillance at the ERGO locations