data protection notice
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
Cathleen Chiara Fink / Acting Creation & Management
This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") in the context of the provision of our services as well as within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
- Inventory data (e.g., personal master data, names or addresses).
- Contact details (e.g., email, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g. websites visited, interest in content, access times).
- Meta / communication data (e.g. device information, IP addresses).
Visitors and users of the online offer (in the following we also refer to the persons concerned collectively as "users").
Purpose of processing
- Provision of the online offer, its functions and content.
- Answering contact requests and communicating with users.
- Safety measures.
- Reach measurement / marketing
“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
“Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term is broad and includes practically every handling of data.
"Pseudonymisation" is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.
“Profiling” means any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects that relate to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.
“Responsible” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
“Processor” means a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.
Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. For users from the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEC, unless the legal basis is mentioned in the data protection declaration, the following applies:
The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 GDPR;
The legal basis for processing in order to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 Para. 1 lit. b GDPR;
The legal basis for processing in order to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as the legal basis.
The legal basis for the processing required to carry out a task that is in the public interest or is carried out in the exercise of official authority that has been assigned to the person responsible is Article 6 Paragraph 1 lit. e GDPR.
The legal basis for processing in order to safeguard our legitimate interests is Article 6 Paragraph 1 lit. f GDPR.
The processing of data for purposes other than those for which they were collected is determined in accordance with the provisions of Art. 6 Para. 4 GDPR.
The processing of special categories of data (in accordance with Art. 9 Para. 1 GDPR) is based on the requirements of Art. 9 Para. 2 GDPR.
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.
The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings.
If we disclose data to other persons and companies (contract processors, jointly responsible persons or third parties) in the course of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as payment service providers to fulfill the contract), users have consented, a legal obligation provides for this or based on our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose, transmit or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, furthermore, on a legal basis.
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.
You have accordingly. the legal requirements to request the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with the legal requirements, you have the right to demand that the relevant data be deleted immediately or, alternatively, to request a restriction on the processing of the data in accordance with the legal requirements.
You have the right to request that the data relating to you that you have provided to us be received in accordance with the legal requirements and that they are transmitted to other responsible parties.
Furthermore, in accordance with the legal requirements, you have the right to lodge a complaint with the competent supervisory authority.
You have the right to revoke your consent with effect for the future.
Right to object
You can object to the future processing of the data concerning you at any time in accordance with the legal requirements. The objection can in particular be made against processing for direct marketing purposes.
Cookies and right to object to direct mail
"Cookies" are small files that are stored on the users' computers. Various information can be stored within the cookies. A cookie is primarily used to save information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of users can also be stored in such a cookie, which is used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as "first-party cookies").
We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory retention requirements.
If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. In other words, the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your participation (e.g. consent) or other individual notification.
ADDITIONALLY WE PROCESS
- Contract data (e.g., subject of the contract, duration, customer category).
- Payment data (e.g. bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
We process the data of our customers as part of our contractual services, which include conceptual and strategic advice, campaign planning, software and design development / advice or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.
We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject of the contract, term), payment data (e.g., Bank details, payment history), usage and metadata (e.g. in the context of evaluating and measuring the success of marketing measures). In principle, we do not process special categories of personal data, unless these are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of processing is to provide contractual services, billing and our customer service. The legal basis for processing results from Art. 6 Para. 1 lit. b GDPR (contractual services), Art. 6 Para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that are necessary for the establishment and fulfillment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with. Art. 28 GDPR and do not process the data for any purposes other than those specified in the order.
We delete the data after the expiry of statutory warranty and comparable obligations. the necessity of data retention is reviewed every three years; In the case of the statutory archiving obligations, the deletion takes place after their expiry (6 J, according to § 257 Paragraph 1 HGB, 10 J, according to § 147 Paragraph 1 AO). In the case of data that has been disclosed to us in the context of an order by the client, we delete the data according to the specifications of the order, generally after the end of the order.
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 Para. 1 lit. b. GDPR in order to provide you with our contractual or pre-contractual services. The data processed, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g., names and addresses), contact details (e.g. e-mail addresses and telephone numbers) as well as contract data (e.g., services used, contract content, contractual communication, names of contact persons) and payment data (e.g., Bank details, payment history).
As a matter of principle, we do not process special categories of personal data, unless these are part of a commissioned or contractual processing.
We process data that are required for the establishment and fulfillment of the contractual services and point out the necessity of their disclosure, if this is not evident for the contractual partner. Disclosure to external persons or companies only takes place if it is required in the context of a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.
When using our online services, we can save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the interests of the users in protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is to pursue our claims acc. Art. 6 para. 1 lit. f. GDPR required or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c. GDPR.
The data will be deleted when the data is no longer required to fulfill contractual or statutory duties of care and to deal with any warranty or comparable obligations, whereby the need to store the data is checked every three years; Otherwise, the statutory retention requirements apply.
ADMINISTRATION, FINANCIAL ACCOUNTING, OFFICE ORGANIZATION, CONTACT MANAGEMENT
We process data in the context of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The processing bases are Art. 6 Para. 1 lit. c. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information given for these processing activities.
We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.
Furthermore, on the basis of our business interests, we store information on suppliers, organizers and other business partners, e.g. for the purpose of later contact. We generally store this mostly company-related data permanently.
COMMENTS AND POSTINGS
If users leave comments or other contributions, their IP addresses can be used on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR can be stored for 7 days. This is done for our safety if someone leaves illegal content in comments and posts (insults, prohibited political propaganda, etc.). In this case we can be prosecuted for the comment or contribution ourselves and are therefore interested in the identity of the author.
Furthermore, we reserve the right, on the basis of our legitimate interests in accordance with. Art. 6 para. 1 lit. f. GDPR to process user information for the purpose of spam detection.
The information about the person communicated in the context of the comments and contributions, any contact and website information as well as the content will be stored permanently by us until the user objects.
The follow-up comments can be made by users with their consent acc. Art. 6 para. 1 lit. a GDPR. The users receive a confirmation email to check whether they are the owner of the email address entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on the cancellation options. For the purpose of proving the consent of the user, we save the time of registration along with the IP address of the user and delete this information when users unsubscribe from the subscription.
You can cancel the receipt of our subscription at any time, ie revoke your consent. On the basis of our legitimate interests, we can save the unsubscribed email addresses for up to three years before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time.
When contacting us (e.g. via the contact form, email, telephone or via social media), the information provided by the user is used to process the contact request and to process it in accordance with. Art. 6 para. 1 lit. b. (within the framework of contractual / pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) DSGVO processed. User information can be stored in a customer relationship management system (“CRM system”) or a comparable inquiry organization.
We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.
HOSTING AND E-MAIL SHIPPING
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, sending e-mails, security services and technical maintenance services that we use for the purpose of operating this online offer.
We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer based on our legitimate interests in an efficient and secure provision of this online offer in accordance with. Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing contract).
COLLECTION OF ACCESS DATA AND LOGFILES
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. GDPR data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider .
Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate acts of abuse or fraud) and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.
ONLINE PRESENCES IN SOCIAL MEDIA
We maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services.
We would like to point out that user data can be processed outside of the European Union. This can result in risks for the user because it could make it more difficult to enforce the users' rights, for example. With regard to US providers who are certified under the Privacy Shield, we would like to point out that they undertake to comply with the EU data protection standards.
Furthermore, user data is usually processed for market research and advertising purposes. For example, user profiles can be created from user behavior and the interests of the user resulting from this. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the user's computer, in which the usage behavior and the interests of the user are stored. Furthermore, data can be stored in the usage profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of the personal data of the users takes place on the basis of our legitimate interests in an effective information of the users and communication with the users acc. Art. 6 para. 1 lit. f. GDPR. If the users are asked for their consent to the data processing by the respective providers (ie declare their consent, e.g. by checking a check box or confirming a button), the legal basis for processing is Art. 6 Para. 1 lit. a., Art. 7 GDPR.
For a detailed description of the respective processing and the possibility of objection (opt-out), we refer to the information provided by the providers linked below.
Also in the case of requests for information and the assertion of user rights, we point out that these can be most effectively asserted with the providers. Only the providers have access to the data of the users and can take appropriate measures and provide information. If you still need help, you can contact us.
(Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland) - Data protection declaration: https://www.facebook.com/about/privacy/, Opt-Out: https: //www.facebook. com / settings? tab = ads and http://www.youronlinechoices.com , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
GOOGLE / YOUTUBE
(LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) - data protection declaration https://www.linkedin.com/legal/privacy-policy , opt-out: https://www.linkedin.com/psettings/guest-controls / retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.
EMBODIMENT OF THIRD PARTY SERVICES AND CONTENT
We use content or service offers from third-party providers within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Integrate services such as videos or fonts (hereinafter uniformly referred to as "content").
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as being linked to such information from other sources.
USE OF FACEBOOK SOCIAL PLUGINS
On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. GDPR), we use social plugins (“plugins”) from the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook").
This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Facebook. The list and the appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plug-in is transmitted from Facebook directly to the user's device, which integrates it into the online offer. In doing so, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs users according to our level of knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to their Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out his IP address and save it. According to Facebook, only an anonymized IP address is saved in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options to protect the privacy of users can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/ .
If a user is a Facebook member and does not want Facebook to collect data about him through this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US website http://www.aboutads.info / choices / or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, ie they are adopted for all devices such as desktop computers or mobile devices.