Privacy Policy

With the following data protection declaration we would like to inform you which types of your personal data (hereinafter also referred to as “data”) we process for which purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both within the framework of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offer”).

Last updated: 3 September 2019

Responsible party

Sven Woltmann
Raumerstraße 24
10437 Berlin
Germany

Email address: [email protected]

Legal notice: https://www.happycoders.eu/legal-notice/

Overview of processes

The following table summarises the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

  • Inventory data (e.g. example, names, addresses).
  • Content data (e.g. text entries, photographs, videos).
  • Contact data (e.g. email, telephone numbers).
  • Meta/communication data (e.g. device information, IP addresses).
  • Usage data (e.g. websites visited, interest in content, access times).
  • Location data (data indicating the location of an end user’s terminal device).
  • Contract data (e.g. subject matter of contract, duration, customer category).
  • Payment data (e.g. bank details, invoices, payment history).

Categories of persons concerned

  • Employees (e.g. salaried employees, applicants, former employees).
  • Business partners and contractual partners.
  • Interested parties.
  • Communication partners.
  • Customers.
  • Users (e.g. website visitors, users of online services).

Purpose of processing

  • Affiliate tracking.
  • Providing our online offering and usability.
  • Visit action evaluation.
  • Office and organizational procedures.
  • Cross-device tracking (cross-device processing of user data for marketing purposes).
  • Direct marketing (e.g. by email or post).
  • Feedback (e.g. collecting feedback via an online form).
  • Interest-based and behavioral marketing.
  • Contact requests and communication.
  • Conversion measurement (the measurement of the effectiveness of marketing measures).
  • Profiling (creation of user profiles).
  • Remarketing.
  • Reach measurement (e.g. access statistics, recognition of returning visitors).
  • Security measures.
  • Tracking (e.g. interest/behavioral profiling, use of cookies).
  • Contractual services and service.
  • Administration and answering inquiries.
  • Target group formation (determination of target groups relevant for marketing purposes or other output of content).

Applicable legal bases

In the following, we inform you about the legal basis of the Data Protection Ordinance (GDPR), on the basis of which we process personal data. Please note that, in addition to the provisions of the GDPR, the national data protection regulations in your or our country of residence and domicile may also apply.

  • Consent (Art. 6 para. 1 sentence 1 lit. a GDPR) – The data subject has given his/her consent to the processing of his/her personal data for one or more specific purposes.
  • Contract performance and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR) – Processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures at the request of the data subject.
  • Legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR) – Processing is necessary to fulfill a legal obligation to which the controller is subject.
  • Protection of vital interests (Art. 6 para. 1 sentence 1 lit. d. GDPR) – The processing is necessary to protect the vital interests of the data subject or another natural person.
  • Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR) – Processing is necessary to safeguard the legitimate interests of the data controller or of a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail.

National data protection regulations in Germany: In addition to the data protection regulations of the Basic Data Protection Regulation, national regulations apply to data protection in Germany. These include, in particular, the German Data Protection Act (Bundesdatenschutzgesetz – BDSG). In particular, the BDSG contains special provisions on the right of information, the right of deletion, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (§ 26 BDSG), in particular with regard to the establishment, execution or termination of employment relationships as well as the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.

Safety precautions

We shall take appropriate technical and organisational measures in accordance with the statutory requirements, 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 probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

Such measures shall include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical and electronic access to, and access to, input, transmission, securing and separation of data. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data and responses to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software, and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of services of third parties or the disclosure or transfer of data to other persons, bodies or companies, this is only done in accordance with the legal requirements.

Subject to express consent or transfer required by contract or law, we will only process or have the data processed in third countries with a recognised level of data protection, which includes US processors certified under the “Privacy Shield”, or on the basis of special guarantees, such as a contractual obligation through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

Use of cookies

“Cookies” are small files that are stored on the user’s devices. Cookies can be used to store various data. This information can include, for example, the language settings on a website, the login status, a shopping basket or the location where a video was viewed.

As a rule, cookies are also used if a user’s interests or behavior (e.g. viewing of certain content, use of functions, etc.) on individual websites are stored in a user profile. Such profiles are used, for example, to display content to users that correspond to their potential interests. This procedure is also referred to as “tracking”, i.e. tracking the potential interests of users. The term cookies also includes other technologies that perform the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also referred to as “user IDs”).

If we use cookies or tracking technologies, we will inform you separately in our privacy policy.

Information on legal bases: The legal basis on which we process your personal data with the aid of cookies depends on whether we ask you for your consent. If this applies and you consent to the use of cookies, the legal basis for processing your data is your declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in business operation of our online service and its improvement) or, if the use of cookies is necessary to fulfill our contractual obligations.

Revocation and objection (opt-out): Irrespective of whether the processing is based on consent or legal permission, you have the option at any time to revoke a consent given or to object to the processing of your data using cookie technologies (collectively referred to as “opt-out”).

You can initially explain your objection by means of your browser settings, e.g. by deactivating the use of cookies (which may also restrict the functionality of our online service).

An objection to the use of cookies for the purposes of online marketing can be explained by means of a variety of services, above all in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ or generally on http://optout.aboutads.info.

  • Types of data processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Commercial and business services

We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the framework of contractual and comparable legal relationships as well as associated measures and within the framework of communication with the contractual partners (or pre-contractual), e.g. in order to answer inquiries.

We process this data to fulfill our contractual obligations, to safeguard our rights and for the purposes of the administrative tasks associated with this information and the corporate organization. Within the framework of applicable law, we only pass on the data of the contractual partners to third parties insofar as this is necessary for the aforementioned purposes or for the fulfillment of statutory obligations or is carried out with the consent of the contractual partners (e.g. to involved telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the framework of this data protection declaration.

Which data are necessary for the aforementioned purposes, we inform the contractual partners before or in the context of the data collection, e.g. in online forms, by special marking (e.g. colors) and/or symbols (e.g. asterisks or the like), or personally.

We delete the data after expiry of statutory warranty and comparable obligations, i.e., in principle after the expiry of 4 years, unless the data is stored in a customer account, e.g., as long as they must be kept for legal reasons of archiving (e.g. for tax purposes usually 10 years). Data disclosed to us by the contractual partner within the scope of an order will be deleted in accordance with the specifications of the order, in principle after the end of the order.

If we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms shall apply in the relationship between the users and the providers.

Customer account: Contracting parties can create an account within our online offer (e.g. customer or user account, in short, “customer account”). If the registration of a customer account is required, the contractual partners will be informed of this as well as of the information required for registration. The customer accounts are not public and cannot be indexed by search engines. Within the scope of registration as well as subsequent registrations and uses of the customer account, we store the IP addresses of the customers along with the access times in order to be able to prove registration and prevent any misuse of the customer account.

If customers have terminated their customer account, the data relating to the customer account will be deleted, subject to the retention of which is necessary for legal reasons. It is the responsibility of the customer to secure their data upon termination of the customer account.

Agency services: We process the data of our customers within the scope of our contractual services, which may include e.g. 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.

Education and training services: We process the data of the participants of our education and training offers (uniformly referred to as “trainees”) in order to be able to provide them with our training services. The data processed, the type, scope, purpose, and necessity of their processing are determined by the underlying contractual and training relationship. The forms of processing also include the performance evaluation and the evaluation of our services as well as those of the teachers.

As part of our activities, we may also process special categories of data, in particular, information on the health of trainees and apprentices and data revealing ethnic origin, political opinions, religious or philosophical convictions. To this end, we obtain, if necessary, the express consent of the persons undergoing training and further training and process the special categories of data otherwise only if it is necessary for the provision of training services, for purposes of health care, social protection or the protection of vital interests of the persons undergoing training and further training.

Insofar as it is necessary for the fulfillment of our contract, for the protection of vital interests or by law, or with the consent of the trainees, we disclose or transfer the data of the trainees to third parties or agents, such as public authorities or in the field of IT, office or comparable services, in compliance with the provisions of professional law.

  • Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. email, telephone numbers), contract data (e.g. subject of contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Interested parties, business, and contractual partners, customers.
  • Purposes of processing: Contractual services and support, contact inquiries and communication, office and organizational procedures, administration and response to inquiries, security measures.
  • Legal basis: Contract fulfilment and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), legal obligation (Art. 6 para. 1 sentence 1 lit. c. GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Use of online marketplaces for e-commerce

We offer our services on online platforms operated by other service providers. In this context, in addition to our privacy policy, the privacy policies of the respective platforms apply. This applies in particular with regard to the methods used on the platforms for measuring range and for interest-related marketing.

  • Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. email, telephone numbers), contract data (e.g. subject of contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Customers.
  • Purposes of processing: Contractual services and service.
  • Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Services used and service providers:

Registration and Login

Users can create a user account. During the registration process, users are provided with the required mandatory information and processed for the purpose of providing the user account on the basis of contractual fulfillment of obligations. The processed data includes, in particular, the login information (name, password and an email address). The data entered during registration will be used for the purpose of using the user account and its purpose.

Users may be informed by email about processes relevant to their user account, such as technical changes. If users have terminated their user account, their data will be deleted with regard to the user account, subject to a statutory retention obligation. It is the responsibility of the users to secure their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

When using our registration and login functions as well as the user account, we store 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 those of the users in protection against misuse and other unauthorized use. This data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so.

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Purposes of processing: contractual services, security measures, administration and response to inquiries.
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), performance of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR).

Blogs and publication media

We use blogs or comparable means of online communication and publication (hereinafter “publication medium”). Reader data is processed for the purposes of the publication medium only to the extent necessary for its presentation and communication between authors and readers or for security reasons. For the rest, we refer to the information on the processing of visitors to our publication medium within the framework of this data protection notice.

Comments and contributions: If users leave comments or other contributions, their IP addresses may be stored on the basis of our legitimate interests. This is done for our security if someone leaves illegal content (insults, forbidden political propaganda, etc.) in comments and contributions. In this case, we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.

Furthermore, we reserve the right to process the information provided by users for the purpose of spam detection on the basis of our legitimate interests.

On the same legal basis, we reserve the right, in the case of surveys, to store the IP addresses of users for their duration and to use cookies in order to avoid multiple votes.

The personal information provided in the course of comments and contributions, any contact and website information, as well as the content information, will be stored permanently by us until the user objects.

Akismet anti-spam check: We use the “Akismet” service on the basis of our legitimate interests. With the help of Akismet, comments from real people are distinguished from spam comments. All comments are sent to a server in the USA, where they are analyzed and stored for four days for comparison purposes. If a comment has been classified as spam, the data is stored beyond this time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, information about the browser used, the computer system and the time of the entry.

Users are welcome to use pseudonyms or to refrain from entering their name or email address. They can completely prevent the transmission of data by not using our comment system. That would be a pity, but unfortunately, we do not see any alternatives that work just as effectively.

Profile pictures of Gravatar: We use the service Gravatar within our online offer and in particular in the blog.

Gravatar is a service where users can register and store profile pictures and their email addresses. If users leave contributions or comments with the respective email address on other online presences (especially in blogs), their profile pictures can be displayed next to the contributions or comments. For this purpose, the email address provided by the users is transmitted to Gravatar in encrypted form for the purpose of checking whether a profile is stored for it. This is the sole purpose of transmitting the email address. It will not be used for other purposes but deleted afterward.

Gravatar is used on the basis of our legitimate interests since we use Gravatar to offer authors of contributions and comments the opportunity to personalize their contributions with a profile picture.

By displaying the pictures, Gravatar can find out the IP address of the user, as this is necessary for communication between a browser and an online service.

If users do not want a user image associated with their Gravatar email address to appear in the comments, they should use an email address that is not stored with Gravatar to comment. We would also like to point out that it is also possible to use an anonymous email address or no email address at all if users do not wish their own email address to be sent to Gravatar. Users can prevent the transmission of data completely by not using our comment system.

  • Processed data types: inventory data (e.g. names, addresses), contact data (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).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Purposes of processing: contractual services and support, feedback (e.g. collecting feedback via an online form), security measures, administration and response to inquiries, provision of our online services and user-friendliness.
  • Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit.

Services and service providers used:

Contacting us

When contacting us (e.g. via contact form, email, telephone or via social media), the data of the inquiring persons are processed insofar as this is necessary to answer the contact inquiries and any requested measures.

Contact inquiries within the framework of contractual or pre-contractual relationships are answered in order to fulfill our contractual obligations or to answer (pre)contractual inquiries and otherwise on the basis of legitimate interests in answering the inquiries.

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos).
  • Persons concerned: Communication partners.
  • Purposes of processing: contact requests and communication.
  • Legal basis: Performance of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Surveys

The surveys and surveys we conduct (hereinafter referred to as “surveys”) are evaluated anonymously. Personal data is only processed insofar as this is necessary for the provision and technical execution of the surveys (e.g. processing the IP address to display the survey in the user’s browser or to enable a resumption of the survey with the aid of a temporary cookie (session cookie)) or users have given their consent.

Information on legal bases: If we ask the participants to consent to the processing of their data, this is the legal basis for the processing, otherwise the processing of the participants’ data takes place on the basis of our legitimate interests in conducting an objective survey.

  • Processed data types: contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Communication partners, users (e.g. website visitors, users of online services).
  • Purposes of processing: contact requests and communication, direct marketing (e.g. by email or post), feedback (e.g. collecting feedback via online forms), tracking (e.g. interest/behavioral profiling, use of cookies), profiling (creating user profiles).
  • Legal basis: consent (Art. 6 para. 1 sentence 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Services and service providers used:

Provisioning of online services and web hosting

In order to provide our online services securely and efficiently, we use the services of one or more web-hosting providers from whose servers (or servers they manage) the online services can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security and technical maintenance services.

The data processed within the framework of the provision of the hosting service may include all information relating to the users of our online service that is collected within the scope of use and communication. This regularly includes the IP address, which is necessary in order to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.

email dispatch and hosting: The web hosting services we use also include the dispatch, receipt, and storage of emails. For these purposes, the addresses of the recipients and senders as well as further information regarding the sending of emails (e.g. the providers involved) and the contents of the respective emails are processed. The aforementioned data may also be processed for SPAM detection purposes. Please note that emails on the Internet are generally not sent in encrypted form. As a rule, emails are encrypted during transport, but not on the servers from which they are sent and received (unless a so-called end-to-end encryption method is used). Therefore, we cannot assume any responsibility for the transmission path of the emails between the sender and the reception on our server.

Collection of access data and log files: We ourselves (or our web hosting provider) collect data on each access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the page visited previously) and, as a rule, IP addresses and the requesting provider.

The server log files can be used for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure server utilization and stability.

  • Processed data types: 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).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Services and service providers used:

Cloud services

We use software services (“Cloud Services”, also referred to as “Software as a Service”) that are accessible over the Internet and executed on the servers of its providers for the following purposes: document storage and administration, calendar management, email delivery, spreadsheets and presentations, exchange of documents, content and information with specific recipients or publication of websites, forms or other content and information as well as chats and participation in audio and video conferences.

Within this framework, personal data may be processed and stored on the servers of the providers, insofar as these are part of communication processes with us or are otherwise processed by us as set out in this data protection declaration. This data may include, in particular, master data and contact data of users, data on processes, contracts, other processes, and their contents. The providers of cloud services also process usage data and metadata that they use for security purposes and to optimize services.

If we make forms or other documents available to other users or publicly accessible websites with the help of cloud services, the providers may store cookies on users’ devices for the purposes of web analysis or to remember user settings (e.g. in the case of media control).

Notes on legal bases: If we ask for consent to the use of cloud services, the legal basis for processing is consent. Furthermore, their use may be a component of our (pre)contractual services, provided that the use of the cloud services has been agreed upon within this framework. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient and secure administrative and collaboration processes).

  • Processed data types: inventory data (e.g. names, addresses), contact data (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).
  • Persons concerned: Customers, employees (e.g. employees, applicants, former employees), interested parties, communication partners.
  • Purposes of processing: Office and organizational procedures.
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), performance of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR).

Services used and service providers:

Newsletter and broad communication

We send newsletters, emails and other electronic notifications (hereinafter referred to as “newsletters”) only with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information about our services and us.

In order to subscribe to our newsletters, it is generally sufficient for you to enter your email address. However, we may ask you to provide a name for the purpose of addressing us personally in the newsletter, or other information, if this is required for the purposes of the newsletter.

Double opt-in procedure: The registration to our newsletter takes place in principle in 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 nobody can register with external 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 the storage of the registration and confirmation time as well as the IP address. Likewise, the changes in your data stored with the email delivery service are logged.

Deletion and limitation of processing: We may store the deleted email addresses for up to three years on the basis of our legitimate interests 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 former existence of a consent is confirmed at the same time. In the case of obligations to permanently observe contradictions, we reserve the right to store the email address solely for this purpose in a blacklist.

The logging of the registration procedure takes place on the basis of our legitimate interests for the purposes of proving its proper course. If we commission a service provider to send emails, this is done on the basis of our legitimate interests in an efficient and secure dispatch system.

Information on legal bases: The newsletter is sent on the basis of the recipient’s consent or, if consent is not required, on the basis of our legitimate interests in direct marketing, provided and to the extent that this is permitted by law, e.g. in the case of existing customer advertising. If we commission a service provider to send emails, this is done on the basis of our legitimate interests. The registration process is recorded on the basis of our legitimate interests to prove that it was conducted in accordance with the law.

Content: Information about us, our services, promotions, and offers.

Performance measurement: The newsletters contain a so-called “web beacon”, i.e. a file the size of a pixel, which is retrieved from our server or, if we use a dispatch service provider, from its server when the newsletter is opened. In the course of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval, are first collected.

This information is used for the technical improvement of our newsletter on the basis of technical data or target groups and their reading behavior on the basis of their retrieval locations (which can be determined with the help of the IP address) or access times. This analysis also includes determining whether newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our endeavor nor, if used, that of the dispatch service provider to observe individual users. Rather, the evaluations serve us to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.

The evaluation of the newsletter and the performance measurement are carried out, subject to the express consent of the users, on the basis of our legitimate interests for the purposes of using a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users.

A separate revocation of the performance measurement is unfortunately not possible, in which case the entire newsletter subscription must be canceled or contradicted.

Prerequisite for the use of free services: Consent to the sending of mailings can be made dependent on the use of free services (e.g. access to certain content or participation in certain campaigns) as a prerequisite. If users wish to make use of the free service without registering for the newsletter, please contact us.

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), meta/communication data (e.g. device information, IP addresses), usage data (e.g. websites visited, interest in content, access times).
  • Persons concerned: Communication partners, users (e.g. website visitors, users of online services).
  • Purposes of processing: direct marketing (e.g. by email or post), contractual services and service.
  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).
  • Opt-out: You can cancel the receipt of our newsletter at any time, i.e. revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can otherwise use one of the contact options listed above, preferably email.

Used services and service providers:

Online marketing

We process personal data for the purposes of online marketing, which includes, in particular, the presentation of advertising and other content (collectively referred to as “Content”) based on the potential interests of users and the measurement of their effectiveness.

For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar procedures are used, by means of which the user information relevant for the presentation of the aforementioned content is stored. This information may include, for example, content viewed, websites visited, online networks used, but also communication partners and technical information such as the browser used, the computer system used and information on times of use. If users have consented to the collection of their location data, these can also be processed.

The IP addresses of the users are also stored. However, we use IP masking procedures (i.e. pseudonymization by shortening the IP address) to protect the user. In general, the online marketing process does not store any user data (such as email addresses or names), but pseudonyms. This means that we, as well as the providers of online marketing procedures, do not know the actual identity of the users, but only the information stored in their profiles.

The information in the profiles is usually stored in the cookies or by means of similar procedures. These cookies can later generally be used on other websites that use the same online marketing process, read out and analyzed for content presentation purposes and supplemented with further data and stored on the server of the online marketing process provider.

Exceptionally, plain data can be assigned to the profiles. This is the case, for example, if the users are members of a social network whose online marketing process we use and the network links the profiles of the users in the aforementioned information. We kindly ask you to note that users can make additional agreements with the providers, e.g. by giving their consent during registration.

As a matter of principle, we only receive access to summarised information about the success of our advertisements. However, within the framework of so-called conversion measurements, we can check which of our online marketing procedures have led to a so-called conversion, i.e. to the conclusion of a contract with us, for example. The conversion measurement is used solely to analyze the success of our marketing measures.

Information on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is consent. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

Facebook pixels: With the help of Facebook pixels, it is possible for Facebook, on the one hand, to determine the visitors of our online offer as the target group for the presentation of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to Facebook users who have shown an interest in our online offering or who have certain characteristics (e.g. interest in certain topics or products that can be seen on the basis of the websites visited) that we transmit to Facebook (so-called “custom audiences”). With the help of Facebook pixels, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not appear annoying. The Facebook pixel also enables us to track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were referred to our website after clicking on a Facebook ad (known as “conversion measurement”).

  • Processed data types: usage data (e.g. websites visited, content interest, access times), meta/communication data (e.g. device information, IP addresses), location data (data indicating the location of an end user’s terminal).
  • Persons concerned: Users (e.g. website visitors, users of online services), interested parties.
  • Purposes of processing: Tracking (e.g. interest/behavioural profiling, use of cookies), remarketing, evaluation of visitation campaigns, interest-based and behavioural marketing, profiling (creation of user profiles), conversion measurement (measurement of the effectiveness of marketing measures), range measurement (e.g. access statistics, recognition of returning visitors), target group formation (determination of target groups relevant for marketing purposes or other output of content), cross-device tracking (cross-device processing of user data for marketing purposes).
  • Security measures: IP masking (pseudonymization of the IP address).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).
  • Opt-out: We refer to the data protection information of the respective providers and the possibilities of objection indicated to the providers (so-called “opt-out”). If no explicit opt-out option has been specified, it is possible to deactivate cookies in the settings of your browser. However, this may restrict the functions of our online offering. We, therefore, recommend the following additional opt-out options, which are offered in summary for the respective areas: a) Europe: https://www.youronlinechoices.eu. b) Canada: https://www.youradchoices.ca/choices. c) USA: https://www.aboutads.info/choices. d) Cross-regional: http://optout.aboutads.info.

Used services and service providers:

Affiliate programs and affiliate links

We include affiliate links or other references (such as discount codes) to third-party offers and services (collectively, “Affiliate Links”) in our online offerings. If users follow or subsequently take advantage of the Affiliate Links, we may receive commission or other benefits (collectively, “Commission”) from such third parties.

In order to be able to track whether users have taken advantage of the offers of an affiliate link used by us, it is necessary for the respective third party providers to know that the users have followed an affiliate link used within our online offer. The assignment of the affiliate links to the respective business transactions or other actions (e.g. purchases) serves solely the purpose of the commission settlement and is canceled as soon as it is no longer necessary for the purpose.

For the purposes of the aforementioned allocation of affiliate links, the affiliate links may be supplemented by certain values that are a component of the link or can otherwise be stored, e.g. in a cookie. The values may include in particular the source website (referrer), the time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, the type of link used, the type of offer and an online identifier of the user.

Information on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is consent. Furthermore, their use can be a component of our (pre)contractual achievements, provided that the employment of the third offerers was agreed upon in this framework. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Processed data types: contract data (e.g. subject matter of contract, duration, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Affiliate tracking.
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a GDPR), performance of contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b GDPR), legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR).

Services used and service providers:

Presence in social networks

We maintain online presence within social networks in order to communicate with the users active there or to offer information about us there.

We would like to point out that user data may be processed outside the European Union. This can result in risks for users, as it could, for example, make it more difficult to enforce the rights of users. With regard to US providers that are certified under the Privacy Shield or offer comparable guarantees of a secure level of data protection, we would like to point out that by doing so they undertake to comply with EU data protection standards.

In addition, user data is usually processed within social networks for market research and advertising purposes. For example, user profiles can be created on the basis of user behavior and the resulting interests of users. The usage profiles can, in turn, be used, for example, to place advertisements within and outside the networks which 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 behavior and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the opt-out options, please refer to the data protection declarations and information provided by the operators of the respective networks.

We also point out that in the case of requests for information and the assertion of rights of data subjects, 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. Should you nevertheless need help, you can contact us.

  • Processed data types: inventory data (e.g. names, addresses), contact data (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).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Purposes of processing: contact inquiries and communication, tracking (e.g. interest/behavioral profiling, use of cookies), remarketing, range measurement (e.g. access statistics, recognition of returning visitors).
  • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. GDPR).

Services and service providers used:

Plugins and embedded functions and content

We include in our online offer functional and content elements that are obtained from the servers of their respective providers (hereinafter referred to as “third-party providers”). These may be, for example, graphics, videos or social media buttons as well as contributions (hereinafter uniformly referred to as “content”).

The integration always presupposes that the third-party providers of these contents process the IP address of the users since they could not send the contents to their browsers without the IP address. The IP address is therefore required for the presentation of these contents or functions. We endeavor to use only those contents whose respective providers only use the IP address to deliver the contents. Third-party providers 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 on the browser and operating system, websites to be referred to, visiting times and other information on the use of our online services as well as may be linked to such information from other sources.

Information on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for the processing of data is consent. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Provision of our online services and user friendliness, contractual services and service.
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Used services and service providers:

  • Google Fonts: We integrate the fonts (“Google Fonts”) of the provider Google, whereby the data of the users are used solely for purposes of the representation of the fonts in the browser of the users. The integration takes place on the basis of our legitimate interests in a technically secure, maintenance-free and efficient use of fonts, their uniform presentation and taking into account possible licensing restrictions for their integration. Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Website: https://fonts.google.com/; Privacy Statement: https://policies.google.com/privacy; Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TRkEAAW&status=Active.

Deletion of data

The data processed by us will be deleted in accordance with the statutory provisions as soon as their consent permitted for processing is revoked or other permissions lapse (e.g. if the purpose of processing this data has lapsed or it is not necessary for the purpose).

If the data are not deleted because they are required for other and legally permissible purposes, their processing will be limited to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data can also be found in the individual data protection notices of this data protection declaration.

Modification and updating of the data protection declaration

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 cooperation (e.g. consent) or other individual notification.

Rights of persons concerned

Under the GDPR, they are entitled to various rights as affected parties, which result in particular from Articles 15 to 18 and 21 of the DS Block Exemption Regulation:

  • Right of objection: You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct advertising.
  • Right of withdrawal for consents: You have the right to revoke your consent at any time.
  • Right to information: You have the right to request confirmation as to whether the data concerned will be processed and to request information about this data as well as further information and a copy of the data in accordance with the statutory provisions.
  • Right of rectification: You have the right, in accordance with the provisions of the law, to request the completion of the data concerning you or the rectification of inaccurate data concerning you.
  • Right to cancellation and limitation of processing: You have the right, in accordance with the statutory provisions, to demand that the data relating to you be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.
  • Right to data transfer: You have the right to receive data concerning you which you have made available to us in a structured, common and machine-readable format in accordance with the legal requirements or to demand its transfer to another responsible person.
  • Complaint to supervisory authority: You also have the right, in accordance with the statutory provisions, to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the presumed infringement, if you are of the opinion that the processing of your personal data violates the GDPR.

Definitions of terms

This section provides an overview of the terms used in this privacy statement. Many of the terms are taken from the law and defined above all in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to help you understand them. The terms are sorted alphabetically.

  • Affiliate tracking: As part of affiliate tracking, links used by the linking websites to refer users to websites with products or other offers are logged. The operators of the respective linked websites can receive a commission if users follow these so-called affiliate links and subsequently take advantage of the offers (e.g. buy goods or use services). For this purpose, it is necessary for the providers to be able to track whether users who are interested in certain offers subsequently perceive them at the instigation of the affiliate links. It is, therefore, necessary for the functionality of affiliate links that they are supplemented by certain values that become part of the link or are otherwise stored, e.g. in a cookie. The values include in particular the source website (referrer), the time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user as well as tracking specific values, such as advertising media ID, partner ID and categorizations.
  • Conversion Tracking: Conversion Tracking refers to a process by which the effectiveness of marketing measures can be determined. As a rule, a cookie is stored on the devices of the users within the websites on which the marketing measures take place and then called up again on the target website. For example, we can track whether the ads we placed on other websites were successful).
  • Cross-Device Tracking: Cross-Device Tracking is a form of tracking in which users’ behavior and interest information are recorded in so-called profiles across all devices by assigning users an online identifier. This means that user information can usually be analyzed for marketing purposes regardless of the browser or device used (e.g. mobile phone or desktop computer). With most providers, online identification is not linked to plain data such as names, postal addresses or email addresses.
  • IP masking: IP masking is a method by which the last octet, i.e. the last two digits of an IP address, is deleted so that the IP address can no longer be used to uniquely identify a person. IP masking is, therefore, a means of pseudonymizing processing methods, especially in online marketing.
  • Interest-based and behavioral marketing: Interest-based and/or behavioral marketing is the term used when the potential interests of users in ads and other content are determined as precisely as possible. This is done on the basis of information about their previous behavior (e.g. visiting and staying on certain websites, purchasing behavior or interaction with other users), which is stored in a so-called profile. Cookies are generally used for these purposes.
  • Conversion measurement: Conversion measurement is a method by which the effectiveness of marketing measures can be determined. As a rule, a cookie is stored on the devices of the users within the websites on which the marketing measures take place and then called up again on the target website. For example, we can track whether the ads we placed on other websites were successful.
  • Personal Data: “Personal Data” means any information relating to an identified or identifiable natural person (hereinafter “Data Subject”); an identifiable natural person is one who can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or with one or more specific characteristics that express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Profiling: “Profiling” means any automated processing of personal data consisting of the use of such personal data to analyse, evaluate or predict certain personal aspects relating to a natural person (including, depending on the type of profiling, information relating to age, gender, location and movement data, interaction with websites and their content, shopping behaviour, social interactions with other people) (e.g. interest in certain content or products, click behaviour on a website or location). Cookies and web beacons are often used for profiling purposes.
  • Range measurement: Range measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offering and can include visitors’ behavior or interests in certain information, such as website content. With the help of reach analysis, website owners can recognize, for example, at what time visitors visit their website and what content they are interested in. This enables them, for example, to better adapt the content of the website to the needs of their visitors. Pseudonymous cookies and web beacons are often used for range analysis purposes in order to recognize returning visitors and thus obtain more precise analyses of the use of an online offer.
  • Remarketing: Remarketing or retargeting is the term used, for example, to indicate for advertising purposes which products a user is interested in on a website in order to remind the user of these products on other websites, e.g. in advertisements.
  • Tracking: Tracking is the term used to describe the behavior of users across multiple online offerings. As a rule, behavioral and interest information is stored in cookies or on the servers of the tracking technology providers (so-called profiling) with regard to the online offers used. This information can then be used, for example, to display advertisements to users that are likely to correspond to their interests.
  • Responsible person: A “responsible person” is a natural or legal person, authority, institution or another body that alone or jointly with others decides on the purposes and means of the processing of personal data.
  • Processing: “processing” means any operation carried out with or without the aid of automated means or set of operations, involving personal data. The term is broad and covers practically all handling of data, be it the collection, analysis, storage, transmission or erasure.
  • Target group formation: Target group formation (or “custom audiences”) is the term used when target groups are determined for advertising purposes, e.g. insertion of advertisements. For example, a user’s interest in certain products or topics on the Internet can be used to conclude that the user is interested in advertisements for similar products or the online shop in which the user viewed the products. Lookalike audiences” (or similar target audiences) are those content that is considered appropriate is displayed to users whose profiles or interests are believed to match the users for whom the profiles were created. Cookies and web beacons are usually used to create custom audiences and lookalike audiences.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke