This Privacy Policy explains the nature, scope and purpose of the processing of personal data (hereinafter briefly referred to as “data”) within our online offering and the websites, functions and content connected with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”). With regard to the terminology used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Werner Hollbeck GmbH
Karl-Legien-Straße 7
45356 Essen
Tel.: +49 (0)201 722 16 16
– Inventory data (e.g., names, addresses).
– Contact data (e.g., e-mail addresses, 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).
Visitors and users of the online offering (hereinafter, the data subjects are collectively also referred to as “users”).
– Provision of the online offering, its functions and content.
– Responding to contact inquiries and communicating with users.
– Security measures.
– Reach measurement/marketing
“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 reference to an identifier such as a name, an identification number, location data, an online identifier (e.g., a cookie) or to one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and covers practically any handling of data.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements of that natural person.
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
In accordance with Art. 13 GDPR, we inform you of the legal bases for our data processing activities. If the legal basis is not specified in the Privacy Policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures as well as responding to inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
In accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access to it, data entry, disclosure, safeguarding availability and separation. Furthermore, we have established procedures to ensure the exercise of data subject rights, deletion of data and response to threats to data. We also take the protection of personal data into account already during the development or selection of hardware, software and procedures, in accordance with the principle of data protection by design and by default (Art. 25 GDPR).
If, as part of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the fulfilment of a contract pursuant to Art. 6 para. 1 lit. b GDPR), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “data processing agreement”, this is done on the basis of Art. 28 GDPR.
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this takes place as part of the use of third-party services or the disclosure or transfer of data to third parties, this only takes place if it is necessary for the fulfilment of our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to statutory or contractual permissions, we only process or have data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that processing is carried out, for example, on the basis of special safeguards, such as an officially recognised determination of a level of data protection equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised specific contractual obligations (so-called “Standard Contractual Clauses”).
You have the right to request confirmation as to whether data concerning you is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have the right, in accordance with Art. 16 GDPR, to request the completion of data concerning you or the correction of inaccurate data concerning you.
You have the right, pursuant to Art. 17 GDPR, to request that data concerning you be deleted without undue delay, or alternatively, pursuant to Art. 18 GDPR, to request restriction of the processing of the data.
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 its transfer to other controllers.
You also have the right pursuant to Art. 77 GDPR to lodge a complaint with the competent supervisory authority.
You have the right to withdraw consent that you have given at any time with effect for the future pursuant to Art. 7 para. 3 GDPR
You may object at any time to the future processing of data concerning you pursuant to Art. 21 GDPR. The objection may be made in particular against processing for the purposes of direct advertising.
“Cookies” are small files that are stored on users’ computers. Different information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie may store, for example, the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser has been closed. This can be used, for example, to store the login status when users visit the website again after several days. Likewise, users’ interests can be stored in cookies and used for reach measurement or marketing purposes. “Third-party cookies” are cookies offered by providers other than the controller operating the online offering (otherwise, if they are only the controller’s own cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this in our Privacy Policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Disabling cookies may result in functional restrictions of this online offering.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in the browser settings. Please note that not all functions of this online offering may then be available.
The data processed by us is deleted or its processing restricted in accordance with Art. 17 and 18 GDPR. Unless expressly stated otherwise in this Privacy Policy, the data stored by us is deleted as soon as it is no longer required for its intended purpose and provided that no statutory retention obligations prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
In accordance with statutory requirements in Germany, retention takes place in particular for 10 years pursuant to §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and for 6 years pursuant to § 257 para. 1 nos. 2 and 3, para. 4 HGB (business letters).
In accordance with statutory requirements in Austria, retention takes place in particular for 7 years pursuant to § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business documents, records of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-business customers in EU Member States for which the Mini One Stop Shop (MOSS) is used.
In addition, we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)
of our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
We process our customers’ data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.
Here, we process inventory data (e.g., customer master data such as names or addresses), contact data (e.g., e-mail addresses, telephone 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. as part of the evaluation and measurement of the success of marketing activities). We generally do not process special categories of personal data unless these are part of commissioned processing. The data subjects include our customers, prospective customers as well as their customers, users, website visitors or employees, as well as third parties. The purpose of the processing is to provide contractual services, billing and customer service. The legal bases for processing arise from Art. 6 para. 1 lit. b GDPR (contractual services) and Art. 6 para. 1 lit. f GDPR (analysis, statistics, optimisation, security measures). We process data that is necessary for establishing and fulfilling the contractual services and point out the necessity of providing such data. Disclosure to external parties only takes place if required as part of an assignment. When processing data provided to us as part of an assignment, we act in accordance with the instructions of the clients and the statutory requirements for commissioned processing pursuant to Art. 28 GDPR and do not process the data for any purposes other than those specified in 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 their expiry (6 years pursuant to § 257 para. 1 HGB, 10 years pursuant to § 147 para. 1 AO). In the case of data disclosed to us by the client as part of an assignment, we delete the data in accordance with the requirements of the assignment, generally after completion of the assignment.
We process the data of our contractual partners and prospective customers as well as other clients, customers, mandators, clients or contractual partners (collectively referred to as “contractual partners”) in accordance with Art. 6 para. 1 lit. b GDPR in order to provide our contractual or pre-contractual services to them. The data processed in this context, the nature, scope, purpose and necessity of its processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers) as well as contract data (e.g., services used, contractual content, contractual communication, names of contact persons) and payment data (e.g., bank details, payment history).
We generally do not process special categories of personal data unless these are part of commissioned or contractual processing.
We process data that is necessary for establishing and fulfilling the contractual services and point out the necessity of providing such data if this is not evident to the contractual partners. Disclosure to external persons or companies only takes place if required as part of a contract. When processing data provided to us as part of an assignment, we act in accordance with the instructions of the clients and the statutory requirements.
When using our online services, we may 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 the interests of users in protection against misuse and other unauthorised use. This data is generally not passed on to third parties unless this is necessary to pursue our claims pursuant to Art. 6 para. 1 lit. f GDPR or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c GDPR.
The data is deleted when it is no longer required to fulfil contractual or statutory duties of care or to handle any warranty and comparable obligations, whereby the necessity of retaining the data is reviewed every three years; otherwise, the statutory retention obligations apply.
We process data as part of administrative tasks and the organisation of our business, financial accounting and compliance with statutory obligations, such as archiving. In this context, we process the same data that we process as part of providing our contractual services. The legal bases for processing are Art. 6 para. 1 lit. c GDPR and 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 administration, financial accounting, office organisation and archiving of data, i.e. tasks that serve to maintain our business activities, perform our duties and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information provided for these processing activities.
In this context, we disclose or transfer data to the tax authorities, consultants such as tax advisors or auditors, as well as other fee collection offices and payment service providers.
Furthermore, on the basis of our business interests, we store information about suppliers, event organisers and other business partners, e.g. for the purpose of contacting them at a later date. We generally store this predominantly company-related data permanently.
When contacting us (e.g. via contact form, e-mail, telephone or social media), the user’s details are processed for the purpose of processing the contact inquiry and handling it pursuant to Art. 6 para. 1 lit. b) GDPR. Users’ details may be stored in a Customer Relationship Management system (“CRM system”) or comparable inquiry management system.
We delete inquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
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 as well as technical maintenance services, which we use for the operation of this online offering.
Here, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors to this online offering on the basis of our legitimate interests in the efficient and secure provision of this online offering pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
We or our hosting provider collect, on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR, data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for a maximum period of 7 days for security reasons (e.g. to investigate cases of misuse or fraud) and is then deleted. Data whose further retention is necessary for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.
We maintain online presences within social networks and platforms in order to communicate with customers, prospective customers and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
Unless otherwise stated in our Privacy Policy, we process users’ data if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
Within our online offering, on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f GDPR), we use content or service offerings from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always requires that the third-party providers of this content are aware of the users’ IP address, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the display of this content. We endeavour to use only such content whose respective providers use the IP address solely for the delivery of the 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 evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on users’ devices and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.
We may integrate videos from the “Vimeo” platform operated by Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy Policy: https://vimeo.com/privacy. We point out that Vimeo may use Google Analytics and refer to the Privacy Policy (https://www.google.com/policies/privacy) as well as opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google’s settings for data use for marketing purposes (https://adssettings.google.com/.).
We integrate videos from the “YouTube” platform operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
We integrate the fonts (“Google Fonts”) provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
We integrate the function for detecting bots, e.g. when entering information in online forms (“ReCaptcha”), provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
We integrate the maps provided by the “Google Maps” service operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The data processed may include, in particular, users’ IP addresses and location data, which are not collected without their consent (generally provided through the settings of their mobile devices). The data may be processed in the USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.