Privacy Policy

We comply with applicable data protection regulations, in particular the requirements of the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). We process your personal data only where the law permits such processing or where you have given your consent to the processing of your data. Transparency in data processing is important to us, which is why we would like to inform you comprehensively with the following privacy notice.

The controller responsible for the processing of your personal data on this website is:

brand:marke GmbH
Ottenser Hauptstraße 31 a+b
22765 Hamburg
Germany

hamburg@brandmarke.de
+49 40 75255880

You can reach our data protection officer, Christoph Heinrich, at:

datenschutz@brandmarke.de
+49 40 22860700

Deutsche Datenschutz Consult GmbH
Stresemannstr. 29
22769 Hamburg

A) SCOPE AND PURPOSE OF THE PROCESSING OF PERSONAL DATA

As a general rule, we only process your personal data as a user of this website to the extent necessary to provide a functioning website and our content and services. The processing of your personal data takes place only after your purpose-specific consent, unless the processing is permitted by law without prior consent. The purposes of processing arise from the processing activities described in more detail below.

B) LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

Insofar as we obtain your consent for processing operations involving personal data, Art. 6 (1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.

Where processing of your data is necessary for the performance of a contract to which you are a party, Art. 6 (1)(b) GDPR serves as the legal basis. This also applies to processing operations required to carry out pre-contractual measures.

Where processing of your personal data is necessary to comply with a legal obligation to which we are subject, Art. 6 (1)(c) GDPR serves as the legal basis.

Where processing of personal data is necessary to protect the vital interests of you or another natural person, Art. 6 (1)(d) GDPR serves as the legal basis.

Where processing is necessary to safeguard a legitimate interest of our company or a third party and your interests, fundamental rights and freedoms do not override that interest, Art. 6 (1)(f) GDPR serves as the legal basis for the processing.

C) DELETION OF DATA AND STORAGE PERIOD

Your personal data will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may continue beyond this if provided for by laws or other regulations binding on us. Data will also be blocked or deleted if a storage period prescribed by the aforementioned regulations expires, unless further storage is necessary for the conclusion or performance of a contract.

When you use the website purely for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. When you view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6 (1) sentence 1 (f) GDPR):

Date and time of access, name of the pages accessed, referrer URL (the source URL from which visitors came to our pages), the volume of data transferred, loading time, browser type, language and version, operating system and its interface

In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files stored on your hard drive by the browser you use, which provide certain information to the party that set the cookie. Cookies cannot execute programs or transfer viruses to your computer. They serve to make the internet offering as a whole more user-friendly and effective.

This website uses the following types of cookies, the scope and function of which are explained below: Temporary cookies are automatically deleted when you close your browser. These include, in particular, session cookies. These store a so-called session ID, which can be used to assign various requests from your browser to the shared session. This allows your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close your browser.

Insofar as these cookies and/or the information contained therein constitute personal data, the legal basis for data processing is Art. 6 (1)(f) GDPR. Our interest in optimising our website is to be regarded as legitimate within the meaning of the aforementioned provision.

You can configure your browser settings according to your wishes and, for example, decline the acceptance of third-party cookies or all cookies. Please note that in that case you may not be able to use all functions of this website.

We process our clients' data as part of our contractual services, which include conceptual and strategic consulting and design services, software development and maintenance, campaign planning, implementation of campaigns and processes, project management, server administration, data analysis and training services.

In doing so, we process master data (e.g. client master data such as names or addresses), contact data (e.g. email, phone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of the contract, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. for evaluating and measuring the success of marketing measures). As a general rule, we do not process special categories of personal data, except where these form part of a commissioned processing task. Data subjects include our clients, prospective clients as well as their customers, users, website visitors or employees, and third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal bases for processing arise from Art. 6 (1)(b) GDPR (contractual services) and Art. 6 (1)(f) GDPR (analysis, statistics, optimisation, security measures). We process data required to establish and fulfil contractual services and point out the necessity of providing it. Disclosure to third parties only takes place where required within the scope of an assignment. When processing data entrusted to us as part of an assignment, we act in accordance with the client's instructions and the statutory requirements for data processing agreements under Art. 28 GDPR, and we do not process the data for any purpose other than that of the assignment.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after these expire (6 years pursuant to Section 257 (1) HGB, 10 years pursuant to Section 147 (1) AO). In the case of data disclosed to us by a client within the scope of an assignment, we generally delete the data in accordance with the terms of the assignment after the assignment has ended.

A) NEWSLETTER

If you would like to subscribe to the newsletter offered on our website, we require an email address from you as well as information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. When registering for the newsletter, we also store the IP address assigned by your internet service provider (ISP) to the computer system you used at the time of registration, as well as the date and time of registration. Collecting this data is necessary to be able to trace any (possible) misuse of a data subject's email address at a later date and thus serves our legal protection. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The legal basis for this data processing is Article 6 (1)(a) GDPR.

B) NOTE ON RIGHT OF WITHDRAWAL

You may withdraw the consent given for storing your data, your email address and using it to send the newsletter at any time with future effect, either by sending a message to the email address specified under item 1 or via the unsubscribe link at the end of every newsletter.

The newsletters contain a so-called web beacon. These are small graphics that enable log file recording and log file analysis, which are used for statistical evaluations for online marketing and are retrieved from our server or that of the dispatch service provider when the newsletter email is opened. As part of this retrieval, technical information such as information about the browser and your system and the time of retrieval is collected. This information is used to technically improve our service based on the technical data, target audiences and their respective reading behaviour. Statistical data collected includes whether a newsletter is opened, when, and which links were clicked. We store this information in pseudonymised form to evaluate reading habits and adapt content accordingly. Legal basis is Art. 6 (1)(f) GDPR.

C) ADVERTISING TO EXISTING CUSTOMERS

As a general rule, we have a legitimate interest in using our existing customers' data for marketing purposes. We collect the following data of our existing customers for our own marketing purposes: first name, last name, postal address, email address, year of birth. The legal basis for using personal data for marketing purposes is Art. 6 (1)(f) GDPR.

If you are not an existing customer of ours, we only process your data for marketing purposes on the basis of explicit consent to these purposes in accordance with Art. 6 (1)(a) GDPR.

Proper data processing agreements have been concluded with service providers we engage for the purpose of delivering advertising, who process data strictly in accordance with our instructions.

D) NOTE ON RIGHT TO OBJECT

You can object at any time, free of charge and with future effect, to the use of your personal data for the aforementioned advertising purposes, using the contact options specified under item 1.

If you object, your data will be blocked from further advertising processing. Please note that in exceptional cases advertising material may still be sent temporarily even after we receive your objection. This is due to the necessary technical lead time within the selection process and does not mean that we have not implemented your objection.

On the basis of our legitimate interests (namely the interest in the analysis, optimisation and economic operation of our online offering) within the meaning of Art. 6 (1)(f) GDPR, we use Google Analytics, a web analytics service provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) ("Google"), on our website. Google uses cookies. The information generated by the cookie about your use of the online offering is generally transferred to a Google server in the USA and stored there.

The information generated by the cookie about your use of this website includes, for example, browser type/version, operating system used, referrer URL (the previously visited page), host name of the accessing computer (IP address), and time of the server request.

However, we use the "anonymizeIp" extension within Google Analytics. Using this extension, Google shortens and anonymises the IP address of the data subject's internet connection if access to our website originates from a member state of the European Union or another contracting state of the European Economic Area Agreement. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there.

On our behalf, Google will use this information to evaluate the use of our online offering by users and to provide us with reports on activities within this online offering, as well as to provide us with other services related to its use, if applicable. Pseudonymous usage profiles of users may be created from the processed data for this purpose.

The (shortened) IP address transmitted by the user's browser is not merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly, and you can also prevent the collection of data generated by the cookie relating to your use of the website and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting your data by clicking this link. An opt-out cookie will be set, which prevents the future collection of your data when visiting this website. The opt-out cookie only applies to this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

Further information on Google's data use, and options for adjusting settings and objecting, can be found in Google's privacy policy (https://policies.google.com/technologies/ads) as well as in the settings for displaying advertisements at Google (https://adssettings.google.com/authenticated).

Users' personal data is deleted or anonymised after 14 months.

You have several ways to get in touch with us: by email, by phone, or by post. When you contact us, we use the personal data you voluntarily provide to us for this purpose solely to contact you and process your request.

The legal basis for this data processing is Art. 6 (1)(b) GDPR. Your data will be deleted once it is no longer needed for the purpose for which it was processed and there is no statutory retention obligation.

Data is only disclosed to service providers on the basis of a proper data processing agreement in accordance with Art. 28 GDPR.

With the exception of the processing described here, we do not pass on your data to recipients based outside the European Union or the European Economic Area. The processing described here does involve data transfers to the servers of the tracking and targeting technology providers we engage. These servers are located in the USA. The data transfer takes place on the basis of the European Commission's standard contractual clauses and in accordance with the principles of the so-called Privacy Shield.

When processing your personal data, you have the following rights, which we are pleased to explain below. You can contact us as the controller or our data protection officer, whose contact details you can find above under 1. and 2.

A) RIGHT OF ACCESS

Upon request, we will confirm whether personal data concerning you is being processed. If this is the case, you have the right to receive information about the following:

the purpose(s) of the data processing,
the categories of data processed, as well as
where applicable, the recipients or categories of recipients to whom data is disclosed due to legal obligations or contractual relationships, in particular recipients in third countries,
the planned storage duration, or, if this is not possible, the criteria for determining that duration,
the existence of a right to rectification or erasure of personal data concerning you, or to restriction of processing by us, or a right to object to such processing,
the existence of a right to lodge a complaint with the supervisory authority,
if the personal data is not collected from the data subject: all available information on the origin of the data,
the existence of automated decision-making, including profiling, and meaningful information about the logic involved, as well as the significance and intended effects of such processing for the data subject,
in the case of transfer to a third country or an international organisation, the appropriate safeguards relating to the transfer.

Upon request, you will receive a copy of the data collected and processed about you. This is generally provided free of charge.

B) RIGHT TO RECTIFICATION

You have the right to request the immediate correction of inaccurate personal data concerning you. You also have the right, taking into account the purposes of processing, to request the completion of incomplete personal data – including by means of providing a supplementary statement.

C) RIGHT TO ERASURE (SO-CALLED RIGHT TO BE FORGOTTEN)

Upon request, or after fulfilment or termination of the contract with us, your personal data will be deleted immediately, unless this conflicts with statutory retention or documentation obligations under tax or commercial law, or unless it would jeopardise the safeguarding of the controller's legitimate interests.

A right to erasure exists under the following conditions:

The personal data was collected for purposes for which it is no longer necessary, or was otherwise processed for such purposes.

You revoke the consent on which the processing was based pursuant to Art. 6 (1)(a) GDPR or Art. 9 (2)(a) GDPR, and there is no other legal basis for the processing.

You object to the processing pursuant to Art. 21 (1) GDPR, and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.

The personal data was processed unlawfully.

The erasure of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.

The personal data was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR (consent was given by a child).

D) RIGHT TO RESTRICTION OF PROCESSING

Under the following conditions, you have the right to request the restriction of processing, i.e. the blocking of your personal data for processing:

You contest the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data.

The processing is unlawful, you oppose the erasure of the personal data and request the restriction of its use instead.

The controller no longer needs the personal data for the purposes of processing, but you need it for the establishment, exercise or defence of legal claims.

You have objected to the processing pursuant to Art. 21 (1) GDPR, and it has not yet been determined whether the controller's legitimate grounds override yours.

E) RIGHT TO DATA PORTABILITY

Upon request, your data can be provided, for a fee, in a structured, commonly used and machine-readable format to you and to a subsequent controller, in order to enable rapid transfer. This applies in any case where processing is based on consent under Art. 6 (1)(a) GDPR or Art. 9 (2)(a) GDPR, or on a contract under Art. 6 (1)(b) GDPR, and the processing is carried out using automated procedures.

F) RIGHT TO OBJECT

You also have the right to object to the processing of your personal data.

If processing takes place for the purpose of direct marketing (e.g. newsletters), this right applies at any time.

Otherwise, this right may also apply for reasons arising from your particular situation, allowing you to object at any time to the processing of personal data concerning you. This applies only insofar as the processing is based on Art. 6 (1)(e) or (f) GDPR (performance of a task in the public interest, or protection of legitimate interests pursued by the controller).

To exercise this right of objection, you can also send us an informal message stating your email address, using the contact options listed under item 1, expressing your intention to object.

G) RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY

If you believe that there has been a breach of data protection regulations, you have the right to lodge a complaint with the competent supervisory authority. For companies based in Hamburg, this is, for example, the Hamburg Commissioner for Data Protection and Freedom of Information: https://www.datenschutz-hamburg.de

Within our website we use, on the basis of consent pursuant to Art. 6 (1)(a) GDPR or, where consent is not required and legally not necessary in an individual case, on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our website within the meaning of Art. 6 (1)(f) GDPR), offerings from third-party providers to integrate their content and services, such as videos (collectively referred to below as "content").

This may require the respective third-party providers to perceive your IP address, since without the IP address they could not send the content to your browser. The IP address is therefore required for the delivery and display of this content. 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 analyse usage behaviour on this website. The pseudonymous information may be stored in cookies on your device and may include, for example, technical information about visit times, browser and operating system, previously visited website, and other information on the use of our website. This information is not combined with similar information from other sources.

If you do not want pixel tags to record your usage behaviour, you can object to this data collection at any time

A) YOUTUBE

We may embed videos from the "YouTube" platform operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Their privacy notice can be found at: https://www.google.com/policies/privacy/

You can opt out at this link: https://adssettings.google.com/authenticated.

B) GOOGLE MAPS

We may embed maps from the "Google Maps" service operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Processed data may include, in particular, IP addresses and location data of users, which are however not collected without their consent (usually granted via their mobile device settings). Data may be processed in the USA. Their privacy notice can be found at: https://www.google.com/policies/privacy/

You can opt out at this link: https://adssettings.google.com/authenticated.

We process applicants' personal data for the purpose of handling the application process. Processing may also take place electronically. This is particularly the case when an applicant submits application documents to us electronically, for example by email. If an employment contract is concluded with an applicant, the data transmitted is stored for the purpose of processing the employment relationship, in compliance with statutory provisions. If no employment contract is concluded, the application documents are automatically deleted six months after the rejection decision is communicated, unless deletion conflicts with other legitimate interests of the controller.

The controller reserves the right to adapt security and data protection measures where this becomes necessary due to technical or legal developments. In such cases, the controller will amend this privacy notice accordingly. Please therefore always refer to the current version of our privacy notice.

The holder of the copyright usage rights to this privacy notice is JENTZSCH IT Rechtsanwaltsgesellschaft mbH, Hamburg.