41 Publishing & Marketing UG
represented by Robin Schmitt & Max-Philip Schmitt
entered in the Commercial Register of Stuttgart Local Court under HRB 738884
Data protection officer
ecolaw.de Gesellschaft für Datensicherheit & Datenschutz mbH
represented by the Managing Director Herrn Florian König
Tel. +49 (0)5361 27 29 293
Fax +49 (0)5361 27 29 296
Datenschutz (a) ecolaw.de
registered in the Commercial Register of Braunschweig Local Court under HRB 203444
Types of data to be processed::
- Inventory data (e.g. names, addresses)..
- Contact data (e.g., email address, phone numbers).
- Content data (e.g. text input, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g. device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (hereinafter also referred to as “users”).
Purpose of processing
Provision of the online offer, its functions and contents. Response to contact requests and communication with users. Security measures. Reach measurement/marketing
„Personal data“ refers to all information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”); a natural person is regarded as identifiable, if he/she can be directly or indirectly identified, especially by means of association with an identifier such as a name, with an identification number, with location data, with an online ID (e.g. cookies) or with one or several special features reflecting the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
„Processing“ means any operation carried out with or without the aid of automated procedures or any such series of operations in connection with personal data. The term is broad and covers virtually every aspect of dealing with data.
„Pseudonymisation“ means 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 this additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or an identifiable natural person.
„Profiling“ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
„Responsible party“ refers to the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
An „Order processor“ is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the responsible party.
Applicable legal bases
In accordance with Art. 32 of the 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, implementation costs, the nature, scope, context and purposes of processing and the varying likelihood and severity of the risk to the rights and freedoms of natural persons.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data risks. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly pre-setting’s (Art. 25 GDPR).
Cooperation with contract processors and third parties
If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit the data 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 transmission of the data to third parties, such as payment service providers, in accordance with Art. 6 para. 1 lit. b GDPR is required for contract fulfilment), your consent, 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 occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of 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 leave the data in a third country only in the presence of the special requirements of Art. 44 ff. GDPR. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).
Rights of the data subjects
You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
According to Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with Art. 18 GDPR.
You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request their transmission to other persons responsible.
According to Art. 77 GDPR you have the further right to lodge a complaint with the competent supervisory authority.
Right to revocation
You have the right to revoke your consent according to Art. 7 3 Revoke GDPR with effect for the future.
Right to object
You can object to the future processing of the data concerning you in accordance with Art. 21 GDPR at any time. In particular, the objection may be lodged against processing for direct marketing purposes.
Cookies and right of objection 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 his/her visit to an online offering. Temporary cookies, “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his/her browser. For example, the content of a shopping cart in an online shop or a login Status can be stored in a cookie of this nature. Cookies are referred to as “permanent” or “persistent” if they remain saved even after the browser is closed. For example, the login status can be saved if users visit it after several days have passed. Likewise, the interests of users may be stored in a cookie of this nature and used for range measurements or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the responsible person who operates the online offer (otherwise, if the only cookies are run by the responsible person, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and clarify this within the framework of our data protection declaration.
Deletion of data
In particular, pursuant to legal requirements in Germany, storage lasts for 10 years pursuant to Section 147 para. 1 AO, 257 para. 1 No. 1 and 4, para. 4 HGB (commercial law) (books, records, management reports, accounting records, trading books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 No. 2 and 3 para. 4 HGB (commercial letters).
In particular, pursuant to legal requirements in Austria, storage lasts for 7 years in accordance with Section 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenditure, etc.), for 22 years in connection with properties and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used..
Administration, financial accounting, office organisation, contact management
We process data within the framework of administrative tasks as well as the organisation of our company, financial accounting and compliance with legal obligations, e.g. archiving. We process the same data that we process in the course of providing our contractual services. The bases of processing are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, prospective customers, business partners and website visitors are affected by the processing. The purpose of and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, namely, tasks which serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the tasks specified in these processing activities.
In this regard, we disclose or transmit data to tax authorities, consultants, such as tax consultants or auditors, as well as other fees offices and payment service providers.
Furthermore, we store information regarding suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of making contact at a later date. In principle, we store this data, which is mainly company-related, permanently.
Business analyses and market research
In order to operate our business economically, to be able to recognise market tendencies, wishes of the contracting parties and users, we analyse the data available to us to business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. GDPR, whereby the persons concerned include contractual partners, interested parties, customers, visitors and users of our online offer.
The analyses are carried out for the purpose of business evaluations, marketing and market research. We can include the profiles of registered users with information, e.g. on the services they have used. The analyses serve us to increase the user-friendliness, the optimisation of our offer and the economic efficiency. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised values.
If these analyses or profiles are personal, they will be deleted or made anonymous upon user termination, otherwise after two years from the conclusion of the contract. For the rest, macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.
When contacting us (e.g. by contact form, email, telephone or via social media), the user’s details for the processing of the contact enquiry and its handling according to the terms and conditions of this agreement are processed. Art. 6 para. 1 lit. b) GDPR processed. User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable ticket system.
We delete the enquiries if they are no longer necessary. We review this necessity every two years; the statutory archiving obligations also apply.
Hosting and e-mail delivery
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail delivery, security services and technical maintenance services that we use for the purpose of operating this online offering.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, metadata and communication data of customers, potential customers and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (Fulfilment of order processing agreement).
The hosting providers are implemented on the basis of our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDPR. There is one respective order processing contract pursuant to Art. 28 para. 3 p. 1 GDPR.
Collection of access data and log files
We or our hosting service provider collects data on the basis of our legitimate interests as defined in Art. 6 para. 1 lit. f. of the GDPR regarding each access to the server on which this service is located (known as server log files). Access data includes the name of the requested website, file, date and time of access, amount of data transferred, notification of successful retrieval, browser type along with version, the operating system of the user, referrer URL (previously visited), IP address, and the requesting provider.
Log file information is stored for a maximum of seven days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidence purposes are excluded from deletion until the relevant incident has been finally clarified.
Marketing & Performance Measurement
Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law.
On our behalf, Google will use this information to evaluate the use of our online offering by the user, to compile reports on the activities within this online offering and to provide us with other services related to the use of this online offering and the Internet. Pseudonymous usage profiles of users may be created from the processed data in this respect.
We use Google Analytics only with activated IP anonymisation. This means that the IP address of the user is shortened by Google within the member states of the European Union or in other countries that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there.
Users’ personal data will be deleted or made anonymous after 14 months.
Data transfer with Zapier
Integration of third-party services and content
Within the framework of our online offers, we use so-called social plugins (“plugins”) provided by the social network Facebook, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), 1 lit. f. GDPR) we include content or service offerings of third parties so that we can incorporate 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 can see the IP address of users, since without the IP address they would not be able to send the content to the users’ browsers. The IP address is therefore necessary in order to display this content. We strive only to use content from providers who use the IP address to deliver content, and for nothing else. 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 include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offering. It may also be linked to such information from other sources.
We can embed the videos of the “Vimeo” platform by Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA.
We integrate videos of the “YouTube” platform by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
We integrate the fonts (“Google Fonts“) provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
We integrate the maps of the “OpenStreetMap” service, which are offered by the OpenStreetMap Foundation (OSMF) based on the Open Data Commons Open Database License (ODbL).
As far as we know, OpenStreetMap will only use the user’s data for the purpose of displaying the map functions and temporarily storing the selected settings. The processed data may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (as a rule within the framework of the settings of their mobile devices).
If you have further questions or suggestions on the subject of privacy or if you require information on your data or the correction or deletion thereof, please write us an e-mail or letter:
41 Publishing & Marketing UG