Types of data processed
– Inventory data (e.g. names, addresses)
– Contact details (e.g. email, telephone 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)
Categories of data subjects
Visitors and users of the online service (hereinafter referred to collectively as “users”).
Purpose of processing
– Provision of the online service, its functions and content
– Answering contact requests and communicating with users
– Safety precautions
– Reach measurement/Marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter ‘data subject’); a natural person who can be identified directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier (e.g. cookie) or to one or more specific characteristics that are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person is regarded as identifiable.
“Processing” means any operation or set of operations which is carried out with or without the aid of automated processes and which involves personal data. The term is wide-reaching and covers practically all handling of data.
“Pseudonymisation” refers to the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensures that the personal data is not attributed to an identified or identifiable natural person.
“Profiling” means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or to analyse or predict the movement of this natural person.
“Controller” means any natural or legal person, public authority, agency or body which alone or jointly with others determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Applicable legal basis
Pursuant to Art. 32 GDPR, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedom of natural persons.
Measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and digital access, inputting, disclosure, securing availability and separation of data. In addition, we have established procedures to ensure that data subjects’ rights are exercised, that data is deleted and that we react to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 GDPR).
Cooperation with contract processors and third parties
Insofar as we disclose data to other persons and companies (contract processors or third parties) within the context of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 Par. 1 lit. b GDPR is necessary for the performance of the contract), if you have consented to this, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts etc.).
If we commission third parties with the processing of data on the basis of a so-called order processing contract, this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of the use of third-party services or the disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. Process GDPR. This means that processing takes place, for example, on the basis of specific guarantees such as the officially recognised establishment of a level of data protection equivalent to that of the EU (e.g. for the USA, through the “Privacy Shield”) or compliance with officially recognised specific contractual obligations (so-called standard contractual clauses).
Rights of data subjects
You have the right to request confirmation as to whether the data in question will be processed and to obtain information about this data and further information and copies of the data pursuant to Art. 15 GDPR.
Pursuant to Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.
Pursuant to Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data pursuant to Art. 18 GDPR.
You have the right to receive the data concerning you which you have provided to us pursuant to Art. 20 GDPR and to demand that it be passed on to other persons responsible.
Pursuant to Art. 77 GDPR, they also have the right to file a complaint with the competent supervisory authority.
Right of withdrawal
They have the right to revoke consents granted pursuant to Art. 7 Par. 3 GDPR with effect for the future.
Right of objection
You may object at any time to the future processing of the data concerning you pursuant to Art. 21 GDPR. The objection may in particular be lodged against processing for the purposes of direct marketing.
Cookies and right to object to direct advertising
“Cookies” are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after the user’s visit to an online service. Temporary cookies or “session cookies” or “transient cookies” are cookies that are deleted after a user leaves an online service and closes their browser. The content of a shopping cart in an online shop or a login status, for example, can be stored in such a cookie. 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 a page again after several days. The interests of the users who are used for range measurements or marketing purposes can also be stored in such a cookie. “Third-party cookies” are cookies offered by providers other than the person responsible for operating the online service (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).
If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online service.
Deletion of data
According to legal requirements in Germany, the storage takes place especially for 10 years according to §§ 147 Par. 1 AO, 257 Par. 1 No. 1 und 4, Par. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation etc.) and 6 years according to § 257 Par. 1 No. 2 und 3, Par. 4 HGB (commercial letters).
In accordance with the legal requirements in Austria, the storage takes place in particular for 7 years pursuant to § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini One-Stop Shop (MOSS) is used.
We process the data of our clients within the context of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.
We process inventory data (e.g. client master data, such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject of contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. within 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 components of a commissioned processing. Affected parties include our clients, interested parties and their clients, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 Par. 1 lit. b GDPR (contractual services), Art. 6 Par. 1 lit. f GDPR (analysis, statistics, optimisation, security measures). We process data which is necessary for the justification and fulfilment of the contractual services and point out the necessity of its specification. Disclosure to external parties only takes place if it is required within the context of an order. When processing the data provided to us within the context of an order, we shall act in accordance with the instructions of the client and the statutory requirements for order processing pursuant to Art. 28 GDPR and shall not process the data for purposes other than those specified in the order.
We delete the data after expiry of statutory warranty periods and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after its expiration (6 years pursuant to § 257 Par. 1 HGB, 10 years pursuant to § 147 Par. 1 AO). In the case of data which has been disclosed to us by the client within the context of an order, we delete the data in accordance with the specifications of the order.
Administration, financial accounting, office organisation, contact management
We process data in the context of administrative tasks as well as the organisation of our operations, financial accounting and compliance with legal obligations such as archiving. Here, we process the same data that we process within the context of the provision of our contractual services. The processing bases are Art. 6 Par. 1 lit. c. GDPR, Art. 6 Par. 1 lit. f. GDPR. Clients, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data – i.e. tasks which serve the maintenance of our business activities – performance of our tasks and provision of our services. The cancellation of the data relating to contractual services and contractual communication corresponds to the data specified in these processing operations.
We disclose or transmit data to the tax authorities, 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, organisers and other business partners, e.g. for the purpose of establishing contact at a later date. We generally store this data, most of which is related to the company, on a permanent basis.
With the following information, we inform you about the content of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you agree to the receipt and procedures described.
Content of the newsletter: We send newsletters, emails and other electronic notifications containing advertising information (hereinafter referred to as “newsletters”) only with the consent of the recipient or legal permission. Insofar as the content of the newsletter is specifically described within the context of registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and about us.
Double opt-in and logging: Registration to our newsletter takes place via a so-called double opt-in procedure. This means that you will receive an email after registration asking you to confirm your registration. This confirmation is necessary so that no one can register with foreign email addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes storing the login and confirmation times as well as the IP address. Likewise, the changes of your data stored with the dispatch service provider are logged.
Registration data: To subscribe to the newsletter, it is sufficient to enter your email address. We give you the option to indicate a name in the newsletters in order to address you personally.
The dispatch of the newsletter and the performance measurement associated with it are based on the consent of the recipients pursuant to Art. 6 Par. 1 lit. a, Art. 7 GDPR in conjunction with § 7 Par. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing pursuant to Art. 6 Par. 1 lt. f. GDPR in conjunction with § Section 7 (3) UWG.
The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 Par. 1 lit. f GDPR. We are interested in using a user-friendly and secure newsletter system that serves our business interests, meets users’ expectations and allows us to provide evidence of consent.
Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed email addresses for up to three years based on our legitimate interests before deleting them to provide evidence of prior consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.
Google is certified under the Privacy Shield Agreement, providing a guarantee of compliance with European data-protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf in order to evaluate the use of our online service by users, to compile reports on the activities within this online service and to provide us with further services associated with the use of this online service and the use of the internet. Pseudonymised user profiles can be created from the processed data.
We only use Google Analytics with IP anonymisation enabled. This means that the IP address of the user is 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 is the full IP address transferred to a Google server in the USA and shortened there.
The personal data of the users will be deleted or anonymised after 14 months.
Online presences in social media
We maintain online presences within social networks and platforms in order to be able to communicate with clients, interested parties and users active there and to inform them about our services.
Please note that user data may be processed outside the European Union. This may create risks for users, for example by making it more difficult to enforce users’ rights. With respect to US vendors certified under the Privacy Shield, please note that they are committed to complying with EU privacy standards.
Furthermore, user data is usually processed for market research and advertising purposes. For example, user profiles can be created on the basis of user behaviour and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that are presumed to correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behaviour and interests are stored. Furthermore, data can be stored in the user profiles independently of the devices used by the user (especially if the users are members of the respective platforms and are logged in to them).
The processing of users’ personal data is carried out on the basis of our legitimate interests in effective information for users and communication with users pursuant to Art. 6 Par. 1 lit. f. GDPR. If the users are asked by the respective providers to consent to data processing (i.e. declare their consent e.g. by ticking a checkbox or confirming a button), the legal basis for processing is Art. 6 Par. 1 lit. a., Art. 7 GDPR.
For a detailed representation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, please do not hesitate to contact us.
Integration of third-party services and content
Within the context of our online service on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service with regard to Art. 6 Par. 1 lit. f. GDPR), we use content or service offers from third parties in order to integrate their content and 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 could not send the content to their browsers without the IP address. The IP address is therefore required for the presentation of this content. We strive to only use content whose respective offerers use the IP address only for the distribution of the content. Third parties may also use so-called pixel tags (invisible graphics also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain technical information about the browser and operating system, referring websites, visit times and other information about the use of our online services, and may also be linked to such information from other sources.
Using Facebook Social Plugins
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online service as defined in Art. 6 Par. 1 lit. f. GDPR), we use Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
This may include, for example, content such as images, videos or text and buttons with which users can share content from this online service within Facebook. The list and 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 of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls a function of this online service that contains such a plugin, their device establishes a direct connection with the Facebook servers. The content of the plugin is transferred directly from Facebook to the user’s device and integrated into the online service by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and thus inform the user according to our state of knowledge.
By integrating the plugins, Facebook receives the information that a user has visited the corresponding page of the online service. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. When users interact with the plugins, e.g. by clicking the Like button or commenting, the corresponding information is transferred directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to know and store their IP address. According to Facebook, only an anonymous IP address is stored in Germany.
If a user is a Facebook member and does not want Facebook to collect data about them via this online service and link it with their member data stored on Facebook, they must log out of Facebook and delete their cookies before using our online service. Further settings and objections 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-American side http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
Functions and content of the Twitter service offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA can be integrated into our online service. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online service within Twitter.