Data Privacy Declaration
Person in charge:
Company: Caspar Feld Marketing-Performance GmbH
Street no.: Raabestr. 6
Postcode, City: 10405 Berlin
Commercial Register No.: HRB 156440 B, District Court Berlin-Charlottenburg
Managing Director: Dr. Sebastian Feld
Phone number: 0251 39455788
Name: Dr. Sebastian Feld c/o Caspar Feld Marketing-Performance GmbH
Street no.: Raabestr. 6
Postcode, City: 10405 Berlin
Phone number: 0251 39455788
As of: 05/24/2018
1. Basic Information on Data Processing and Legal Bases
1.2 The terms used, such as “personal data” or their “processing”, we refer to the definitions in article 4 of the Basic Data Protection Ordinance (DSGVO).
1.3 The personal data of users processed within the scope of this online offer include usage data (e.g. the visited websites of our online offer, interest in our products) and content data (e.g. entries in forms).
1.4 The term “user” covers all categories of data subjects. These include our business partners, customers, prospective customers, applicants and other visitors to our online offering. The terms used, such as “user”, are to be understood as gender-neutral.
1.5 We process personal user data only in compliance with the relevant data protection regulations. This means that user data will only be processed if a legal permission has been obtained. This means, in particular if data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or is required by law, if the user has given his or her consent, as well as on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation and security of our online services within the meaning of Art. 6 para. 1 lit. f. DSGVO, in particular for range measurement, creation of profiles for advertising and marketing purposes, collection of access data and use of third-party services.
1.6 We point out that the legal basis of the consents Art. 6 para. 1 lit. a. and Art. 7 DSGVO, the legal basis for the processing for the fulfilment of our services and the implementation of contractual measures Art. 6 para. 1 lit. b. DSGVO, the legal basis for processing to fulfil our legal obligations Art. 6 para. 1 lit. c. DSGVO, and the legal basis for processing to protect our legitimate interests Art. 6 para. 1 lit. f. DSGVO is.
2. Security Measures
2.1 We take organizational, contractual and technical security measures in accordance with the state of the art in order to ensure that the provisions of data protection laws are observed and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
2.2 The security measures include the encrypted transmission of data between your browser and our server, regular security backups, high-security servers in Germany, firewalls, access control, training and commitment of our employees to data protection & confidentiality, as well as the selection of contractors with due diligence in mind.
3. Disclosure of Data to Third Parties and Third Party Providers
3.1 Data will only be passed on to third parties within the framework of legal requirements. We only pass on user data to third parties if, for example, this is necessary for contractual purposes on the basis of Art. 6 para. 1 lit. b) DSGVO or on the basis of legitimate interests pursuant to Art. 6 para. 1 lit. f. DSGVO on the economic and effective operation of our business operations.
3.2 If we use subcontractors to provide our services, we will take appropriate legal precautions as well as appropriate technical and organisational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.
4. Providing Contractual Services
4.1 A passing on of data to third parties does not take place in principle, unless it is necessary to pursue our claims or there is a legal obligation in accordance with Art. 6 para. 1 lit. c DSGVO.
4.2 When contacting us (via contact form or e-mail), the user’s details will be processed for processing the contact request and its handling in accordance with Art. 6 para. 1 lit. b) DSGVO.
4.3 User information may be stored in our Customer Relationship Management System (“CRM System”) or comparable request organization.
4.4 We use the CRM system “Pipedrive” of the provider Pipedrive Inc. on the basis of our legitimate interests (efficient and fast processing of user inquiries). For this purpose we have concluded a contract with Pipedrive with so-called standard contract clauses in which Pipedrive undertakes to process user data only in accordance with our instructions and to comply with the EU data protection level. All data is stored on servers in Germany
5. Collection of Access Data and Log Files
5.1 On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO data on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
5.2 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 evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.
6. Cookies & Range Measurement
6.1 Cookies are information that is transferred from our web server or third party web servers to the user’s web browser and stored there for later retrieval. Cookies can be small files or other types of information storage.
6.3 If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
7. Google Analytics
7.2 Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
7.3 Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services connected with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
7.4 We use Google Analytics to display advertisements placed by Google and its partners within advertising services only to users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are determined by the web pages visited) that we transmit to Google (so-called “remarketing” or “Google Analytics Audiences”). With the help of remarketing audiences we would also like to ensure that our ads correspond to the potential interest of the users and are not annoying.
7.5 We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
7.6 The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
7.7 Further information on data use by Google, possible settings and objections can be found on the Google websites: https://www.google.com/intl/de/policies/privacy/partners (“Data use by Google when using our partners’ websites or apps”), http://www.google.com/policies/technologies/ads (“Data use for advertising purposes”), http://www.google.de/settings/ads (“Manage information that Google uses to show you advertising”).
8. Google-Re/Marketing Services
8.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the marketing and remarketing services (“Google Marketing Services” for short) of Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
8.2 Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
8.3 The Google Marketing Services allow us to target ads for and on our site in order to present users only with ads that potentially match their interests. For example, if a user sees ads for products he has been interested in on other websites, this is referred to as “remarketing”. For these purposes, when our and other websites on which Google marketing services are active are accessed, Google directly executes a code from Google and (re)marketing tags (invisible graphics or code, also known as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). Cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. In this file it is noted which websites the user visits, which contents he is interested in and which offers he has clicked on, furthermore technical information about the browser and operating system, referring websites, visiting time as well as further information about the use of the online offer. The IP address of the users is also recorded, whereby we inform within the framework of Google Analytics that the IP address is shortened within member states of the European Union or in other signatory states of the European Economic Area Agreement and only in exceptional cases completely transmitted to a Google server in the USA and shortened there. The IP address is not combined with the user’s data within other Google offers. The above information may also be linked by Google to such information from other sources. If the user then visits other websites, the ads tailored to his interests can be displayed.
8.4 The data of the users are processed pseudonymously within the framework of the Google marketing services. This means that Google does not store and process, for example, the names or e-mail addresses of users, but processes the relevant data cookie-related within pseudonymous user profiles. This means from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected by Google marketing services about users is transmitted to Google and stored on Google’s servers in the USA.
8.5 One of the Google marketing services we use is the online advertising program “Google AdWords”. In the case of Google AdWords, each AdWords customer receives a different “conversion cookie”. Cookies cannot therefore be traced through the websites of AdWords customers. The information collected by the cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that personally identifies users.
8.6 Furthermore, we may use the “Google Tag Manager” to integrate and manage Google analysis and marketing services into our website.
8.7 Further information on Google’s use of data for marketing purposes can be found on the overview page: https://www.google.com/policies/technologies/ads, Google’s data protection declaration can be accessed at https://www.google.com/policies/privacy
8.8 If you wish to object to interest-based advertising by Google marketing services, you can use the setting and opt-out options provided by Google: http://www.google.com/ads/preferences.
9. Facebook Social Plugins
9.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are identified by one of the Facebook logos (white “f” on blue tile, the terms “like”, “like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
9.2 Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
9.3 If a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offer. The processed data can be used to create user profiles. We therefore have no influence on the amount of data Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
9.4 By integrating the plugins, Facebook receives information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, such as pressing the Like button or posting a comment, the information is sent directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to obtain and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
9.5 The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the relevant rights and setting options for the protection of the privacy of users, can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/.
9.6 If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
10.1 With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter you agree to the receipt and the described procedures.
10.2 Content of the Newsletter: We send newsletters, e-mails and other electronic notifications containing promotional information (hereinafter “newsletters”) only with the consent of the recipients or a legal permission. If the contents of a newsletter are specifically described within the scope of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our products, offers, promotions and our company.
10.3 Double opt-in and logging: Subscription to our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can log in with other e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. Changes to the stored data are also logged.
10.5 Registration data: To subscribe to the newsletter, simply enter your e-mail address. Optionally, we ask you to enter a name in the newsletter in order to address us personally.
10.6 Statistical data collection and analysis – The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file which is retrieved from the server of the shipping service when the newsletter is opened. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are initially collected. This information is used to technically improve the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the 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 not our intention, nor that of the shipping service provider, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
10.7 The use of the software, performance of statistical surveys and analyses as well as logging of the application procedure shall be based on our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO. We are interested in using a user-friendly and secure newsletter system that serves both our business interests and the expectations of users.
10.9 Cancellation/Revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. At the same time, your consents to their dispatch by the shipping service provider and the statistical analyses expire. A separate revocation of the dispatch by the dispatch service provider or the statistical evaluation is unfortunately not possible. You will find a link to cancel the newsletter at the end of each newsletter. If users have only subscribed to the newsletter and cancelled their subscription, their personal data will be deleted.
11. Integration of Third Party Services and Content
11.1 Within our online offer, we make no representations or warranties of any kind based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) content or service offerings of third parties to 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 perceive the IP address of the users, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of 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 include technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as may be linked to such information from other sources.
11.2 The following presentation provides an overview of third-party providers and their contents, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, possibilities of objection (so-called opt-out):
– Functions of the Twitter service can be integrated within our online offer. Twitter is a multilingual public microblogging service on which users can publish and distribute so-called tweets, i.e. short messages limited to 140 characters. These short messages are available to everyone, including people who are not registered on Twitter. The tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter makes it possible to address a broad audience via hashtags, links or retweets.
Twitter is operated by Twitter, Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and on which a Twitter component (Twitter button) has been integrated, the Internet browser on the person’s information technology system is automatically prompted by the respective Twitter component to download a representation of the corresponding Twitter component from Twitter. Further information on the Twitter buttons can be found at https://about.twitter.com/de/resources/buttons As part of this technical process, Twitter is informed about which specific subpage of our website is visited by the person concerned. The purpose of integrating the Twitter component is to enable our users to disseminate the content of this website, to make this website known in the digital world and to increase our visitor numbers.
If the person concerned is logged on to Twitter at the same time, Twitter recognizes which specific subpage of our website the person concerned visits with every visit to our website by the person concerned and for the entire duration of the respective stay on our website. This information is collected by the Twitter component and assigned to the respective Twitter account of the person concerned by Twitter. If the person concerned presses one of the Twitter buttons integrated on our website, the data and information thus transmitted will be assigned to the personal Twitter user account of the person concerned and stored and processed by Twitter.
Twitter receives information via the Twitter component that the person concerned has visited our website whenever the person concerned is logged on to Twitter at the same time as accessing our website; this happens regardless of whether the person concerned clicks on the Twitter component or not. If such a transmission of this information to Twitter is not desired by the person concerned, he can prevent the transmission by logging out of his Twitter account before calling our website.
The current data protection regulations of Twitter are available at https://twitter.com/privacy?lang=en.
– Functions of the XING service may be integrated into our online offer. Xing is an Internet-based social network that enables users to connect to existing business contacts and make new business contacts. Individual users can create a personal profile of themselves at Xing. For example, companies can create company profiles or publish job offers on Xing.
Xing is operated by XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.
Each time one of the individual pages of this website is called up, which is operated by the controller and on which a Xing component (Xing plug-in) has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Xing component to download a representation of the corresponding Xing component from Xing. More information about the Xing plug-ins can be found at https://dev.xing.com/plugins As part of this technical process, Xing is informed about which specific subpage of our website is visited by the person concerned.
If the person concerned is logged in to Xing at the same time, Xing recognizes with every visit to our website by the person concerned and for the entire duration of the respective stay on our website which specific subpage of our website the person concerned visits. This information is collected by the Xing component and assigned to the respective Xing account of the person concerned by Xing. If the person concerned presses one of the Xing buttons integrated on our website, for example the “Share” button, Xing assigns this information to the personal Xing user account of the person concerned and stores this personal data.
Xing receives information via the Xing component that the person concerned has visited our website whenever the person concerned is logged in to Xing at the same time as accessing our website; this happens regardless of whether the person concerned clicks on the Xing component or not. If such a transmission of this information to Xing is not desired by the person concerned, he can prevent the transmission by logging out of his Xing account before calling up our website.
– Within our online offer functions of the provider LinkedIn can be integrated. LinkedIn is an Internet-based social network that enables users to connect to existing business contacts and make new business contacts. More than 400 million registered users in more than 200 countries use LinkedIn. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.
Each time our website is accessed and equipped with a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the person concerned to download a corresponding representation of the LinkedIn component. Further information on the LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins In the course of this technical procedure, LinkedIn is informed which specific subpage of our website is visited by the person concerned.
If the person concerned is simultaneously logged in to LinkedIn, every time the person concerned visits our website and for the entire duration of the respective stay on our website, LinkedIn recognizes which specific subpage of our website the person concerned visits. This information is collected by the LinkedIn component and assigned by LinkedIn to the respective LinkedIn account of the person concerned. If the person concerned clicks a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the person concerned and stores this personal data.
LinkedIn receives information via the LinkedIn component that the person concerned has visited our website whenever the person concerned is logged in to LinkedIn at the same time as accessing our website; this happens regardless of whether the person concerned clicks on the LinkedIn component or not. If such a transmission of this information to LinkedIn is not desired by the person concerned, he can prevent the transmission by logging out of his LinkedIn account before calling up our website.
12. Rights of Users
12.1 Users have the right, upon request and free of charge, to receive information about the personal data that we have stored about them.
12.2 In addition, users have the right to correct inaccurate data, to limit the processing and deletion of their personal data, if applicable, to assert their rights to data portability and, in the event of the assumption of unlawful data processing, to file a complaint with the competent supervisory authority.
12.3 Users may also revoke their consent, in principle with effect for the future.
13. Deletion of Data
13.1 The data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal storage obligations to prevent deletion. If the user’s data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax reasons.
13.2 In accordance with statutory requirements, the records shall be kept for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters and documents relevant to taxation, etc.).
14. Right of Appeal
Users can object to the future processing of their personal data in accordance with legal requirements at any time. The objection may be lodged in particular against processing for direct marketing purposes.
15.1 We reserve the right to change the data protection declaration in order to adapt it to changed legal situations or in the event of changes to the service or data processing. However, this only applies with regard to declarations on data processing. If user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the users’ consent.
15.2 Users are asked to inform themselves regularly about the contents of the data protection declaration.