This privacy statement explains the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and its related websites, functions and content, as well as external online presence, such as our social media profile (hereafter collectively referred to as “online offer”). With regard to the terms used, such as “processing” or “responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
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Types of processed data:
- Inventory data (eg, names, addresses).
- Contact details (eg, e-mail, telephone numbers).
- Content data (eg, text input, photographs, videos).
- Usage data (eg, visited websites, interest in content, access times).
- Meta-/ communication data (eg, device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (hereinafter we refer to the affected persons as “users”).
Purpose of processing
- Provision of the online offer, its functions and contents.
- Answering contact requests and communicating with users.
- Safety measures.
- Reach Measurement / Marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as identifiable when it can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
“Processing” means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data.
“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.
“Profiling” means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to job performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.
“Responsible person” means the natural or legal person, public authority, or body that decides, alone or in concert with others, on the purposes and means of processing personal data.
“Processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Provided the legal basis is not mentioned in the privacy statement, the following applies: The legal basis for the collection of consent is Article 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for the processing to perform our services and implement contractual activities and answering queries is Art. 6 para. 1 lit. b GDPR, the legal basis for the processing to comply with our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for the processing to protect our legitimate interests Art. 6 para. 1 lit. f GDPR. In the event that the vital interests of the data subject or of another individual may require the processing of personal data Art. 6 para. 1 lit. d GDPR serves as legal basis.
In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and reaction to data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).
Collaboration with processors and third parties
If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (eg if a transmission of the data to third parties, such as to payment services acc. to Art. 6 para. 1 lit. b GDPR is required to fulfil the contract), of your consent, on the basis of a legal obligation or on the basis of our legitimate interests (eg when using a data processor, web hosting service, etc.).
If we commission third parties to process data on the basis of a data processing agreement, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. GDPR. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognized level of data protection (eg for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 GDPR the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other persons responsible.
You have acc. to art. 77 GDPR the right to file a complaint with the competent supervisory authority.
Right to withdraw
You have the right to withdraw from consent given in accordance with. Art. 7 para. 3 GDPR with effect for the future.
Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.
Cookies and right to object in direct mail
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information to a user (or the device on which the cookie is stored), during or even after his visit within the online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, for example, the content of a shopping cart in an online shop or a login status can be saved. The term “permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. For example, the login status can be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A “third-party cookie” refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called “first-party cookies”).
If users do not want cookies stored on their computer, they are asked to disable the option in their browser’s system settings. 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.
Deletion of data
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).
We process our clients’ data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / -consulting or maintenance, campaign and process/ handling implementation, server administration, data analysis / consulting services, and training services.
In this context, we process stock data (eg, customer master data, such as names or addresses), contact data (eg, e-mail, telephone numbers), content data (eg, text inputs, photographs, videos), contract data (eg, subject matter, term), payment data (eg, Bank account, payment history), usage and metadata (eg in the context of the evaluation and success measurement of marketing measures). In principle, we do not process special categories of personal data, unless these are components of a commissioned processing. Those affected include our customers, prospects and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contract services, billing and our customer service. The legal basis of the 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 performance of the contractual services and indicate the necessity of their provision. Disclosure to external parties will only be made if required by an order. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as with the legal requirements of order processing pursuant to Art. 28 GDPR and process the data for no other purpose than the order.
We delete the data after expiry of legal warranty and comparable obligations. The necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (6 years, pursuant to § 257 (1) HGB, 10 J, in accordance with § 147 (1) AO). In the case of data disclosed to us in the context of an order by the client, we delete the data according to the specifications of the order, in principle after the end of the order.
We process the data of our contract partners and prospects, as well as other clients, customers, clients, clients or contractors (uniformly referred to as “contractor”) 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 nature, scope and purpose and necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (eg, names and addresses), contact data (eg e-mail addresses and telephone numbers) as well as contract data (eg, services used, contract contents, contractual communication, names of contact persons) and payment data (eg bank details, payment history).
In principle, we do not process special categories of personal data, unless they are part of a contracted or contractual processing.
We process data which are necessary for the establishment and fulfilment of the contractual services and point out the necessity of their indication, if this is not evident for the contractual partners. Disclosure to external persons or companies will only be made if required by a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as the legal requirements.
As part of the use of our online services, we can save the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the interests of the user in the protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is required to pursue our claims acc. to art. 6 para. 1 lit f. GDPR or there is a legal obligation in accordance with Art. 6 para. 1 lit c. GDPR.
The data will be deleted if the data is no longer required for the fulfilment of contractual or statutory duties of care and for the handling of any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed every three years; otherwise the statutory storage obligations apply.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.
In doing so, we disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, as well as other fee agents and payment service providers.
Furthermore, we store information on suppliers, promoters and other business partners on the basis of our business interests, eg for the purpose of contacting you later. We generally store this majority of company-related data permanently.
Business analysis and market research
In order to operate our business economically, to recognize market trends, wishes of the contractors and users, we analyse the data available to us for business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, metadata based on the article 6, para. 1 lit. f. GDPR, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyses are carried out for the purpose of business analysis, marketing and market research. In doing so, we can take into account the profiles of the registered users with information, eg on their services used. The analyses serve us to increase the user-friendliness, the optimization of our offer and the business economics. The analyses are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyses.
If these analyses or profiles are personal, they will be deleted or anonymised upon termination of the users, otherwise after two years from the conclusion of the contract. Moreover, the overall business analysis and general tendency provisions are made anonymously, if possible.
When contacting us (eg via contact form, e-mail, telephone or via social media), the information provided by the user is processed to process the contact request acc. to Art. 6 para. 1 lit. b) GDPR. User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.
We delete the requests, if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Incidentally, our newsletter contains information about our services and us.
Double-opt-in and logging: The registration for our newsletter takes place in a so-called double-opt-in-procedure. This means you will receive an e-mail after registering to ask for confirmation of your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider will be logged.
Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address.
The dispatch of the newsletter and the associated performance measurement are based on a consent of the recipients acc. to Art. 6 para. 1 lit. a, Art. 7 GDPR in connection with § 7 para. 2 lit. 3 German Fair Trade Practices Act (UWG) or if consent is not required based on our legitimate interests in direct marketing acc. to Art. 6 para. 1 lit. f GDPR in connection with § 7 para. 3 UWG.
The logging of the registration process is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDPR. Our interest lies in the use of a user-friendly and secure newsletter system which serves both our business interests and the expectations of the users and also allows us to prove our consent.
Termination / Revocation – You can cancel the receipt of our newsletter at any time, ie revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may save the submitted email addresses for up to three years based on our legitimate interests before we delete them to prove prior consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
Newsletter – Mailchimp
The shipping service provider may use the data of the recipient in a pseudonymous form, ie without assignment to a user, to optimize or improve their own services, eg for the technical optimization of shipping and the presentation of newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.
Hosting and e-mailing
The hosting services we use are designed to provide the following services: infrastructure and platform services, computing capacity, storage and database services, e-mailing, security and technical maintenance services we use to operate this online service.
In this context we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. to Art. 6 para. 1 lit. f GDPR in connection with Art. 28 GDPR (conclusion of data processing contract).
Collection of access data and log files
Wir, bzw. unser Hostinganbieter, erhebt auf Grundlage unserer berechtigten Interessen im Sinne des Art. 6 Abs. 1 lit. f. DSGVO Daten über jeden Zugriff auf den Server, auf dem sich dieser Dienst befindet (sogenannte Serverlogfiles). Zu den Zugriffsdaten gehören Name der abgerufenen Webseite, Datei, Datum und Uhrzeit des Abrufs, übertragene Datenmenge, Meldung über erfolgreichen Abruf, Browsertyp nebst Version, das Betriebssystem des Nutzers, Referrer URL (die zuvor besuchte Seite), IP-Adresse und der anfragende Provider.
Logfile information is stored for security reasons (eg to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to their use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
The personal data of users will be deleted or anonymized after 14 months.
Online presence in social media
We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators.
Translated and modified by planpolitik GbR; Created with Datenschutz-Generator.de by RA Dr. med. Thomas Schwenke