Bucher Str. 5, 90419 Nuremberg, Germany
(+49) 911 – 350 64 9950
mail@brandification.com

Data Protection

Data Protection Statement Website

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of Brandification GmbH. The use of the Internet pages of Brandification GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Brandification GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, Brandification GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of Brandification GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:

• a) Personal data

Personal data means any information relating to an identified or identifiable natural person (“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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

• b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

• c) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

• d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

• e) Profiling

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.

• f) Pseudonymisation

Pseudonymisation is 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.

• g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is 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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

• h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

• i) Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

• j) Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

• k) Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller and the data protection officer

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Brandification GmbH
CEO: Christoph Hack
Bucher Str. 5
90419 Nuremberg
Germany
Phone: +49-911-350649950
Mail: mail@brandification.com
Website: www.brandification.com/en

The data protection officer of the controller is:
PROLIANCE GmbH
Leopoldstr. 21
80802 Munich
Mail: datenschutzbeauftragter@datenschutzexperte.de
Website: www.datenschutzexperte.de

3. Cookies & Analytics

The Internet pages of Brandification GmbH use cookies. Cookies are text files that are stored in a computer system via an Internet browser. Many Internet sites and servers use cookies.
Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.
Through the use of cookies, Brandification GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable. The cookie banner settings can be accessed and changed via the cookie settings.
Brandification GmbH may use Google Analytics, a web analysis service operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on these websites, your IP address will previously be reduced by Google within member states of the European Union or in other signatory states 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. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide the website operator with further services associated with website use and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the available browser plug-in to deactivate Google Analytics under the following link (https://tools.google.com/dlpage/gaoptout?hl=en). You must do this separately for each browser used on your devices. In addition to the browser plug-in mentioned above for deactivating Google Analytics, there is the alternative and/or the option of having an opt-out cookie set in your browser. Please note that JavaScript must be activated. If Google Analytics is used by Brandification GmbH, you will find the link to set the opt-out cookie here: Deactivate Google Analytics. If you set this cookie, Google Analytics will only collect data for this one browser with future effect and only as long as the corresponding cookie remains installed in your browser. We would like to point out that the code “gat._anonymizeIp();” has been added to Google Analytics on this website to ensure anonymous collection of IP addresses (so-called IP masking).
Further information on data protection by Google Analytics can be found at www.google.com/intl/en/analytics/privacyoverview.html

4. Collection of general data and information

The website of Brandification GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Brandification GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Brandification GmbH analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.
By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

6. Subscription to our newsletters

On the website of Brandification GmbH, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
Brandification GmbH informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to communicate this to the controller in a different way.

7. Newsletter tracking

The newsletter of Brandification GmbH contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Brandification GmbH may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects. Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject.
These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Brandification GmbH automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8. Contact possibility via the website

The website of Brandification GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

9. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

10. Rights of the person concerned

a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: o the purposes of the processing; o the categories of personal data concerned; o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; o where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; o the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing; o the existence of the right to lodge a complaint with a supervisory authority; o where the personal data are not collected from the data subject, any available information as to their source; o the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject. Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary: o The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. o The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing. o The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. o The personal data have been unlawfully processed. o The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. o The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR. If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Brandification GmbH, he or she may, at any time, contact any employee of the controller. An employee of Brandification GmbH shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Brandification GmbH will arrange the necessary measures in individual cases.

e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies: o The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. o The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead. o The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims. o The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject. If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Brandification GmbH, he or she may at any time contact any employee of the controller. The employee of Brandification GmbH will arrange the restriction of the processing.

f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of the Brandification GmbH.

g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. Brandification GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If Brandification GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Brandification GmbH to the processing for direct marketing purposes, the Brandification GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Brandification GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of Brandification GmbH. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Brandification GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of Brandification GmbH.

i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of Brandification GmbH.

11. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

12. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR.
This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

13. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

14. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

15. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

16. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

 

Privacy Policy Internal Branding Platform (Brandification App)

Introduction

Thank you for your interest in our website. The protection of your personal data is important to us. Below you will find information about how we handle your data that is collected through your use of our website. Your data will be processed in accordance with the legal data protection regulations.

Controller within the meaning of data protection law

Brandification GmbH

Bucher Str. 5
90419 Nürnberg

(+49) 911 – 350 64 9950

mail@brandification.com

Data Protection Officer

Proliance GmbH / www.datenschutzexperte.de
Datenschutzbeauftragter
Leopoldstr. 21
80802 München
datenschutzbeauftragter@datenschutzexperte.de

Definitions

Our privacy policy should be simple and understandable for everyone. For this reason, our privacy policy generally uses the official terms of the General Data Protection Regulation (GDPR). The official definitions are explained in Art. 4 GDPR.

Web Hosting

This website is hosted by an external service provider (Amazon Web Services). This website is hosted in Frankfurt am Main. Personal data collected on this website is stored on the hoster’s servers. This may include, but is not limited to, IP addresses, contact requests, meta and communication data, web page accesses and other data generated by a website. 

We have concluded a Data Processing Agreement with the provider in accordance with the requirements of Art. 28 GDPR, in which we commit him to protect the data of our customers and not to pass them on to third parties.

Cookies

Our website uses so-called “cookies”. Cookies are small text files that are either temporarily stored on your end device for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or an automatic solution is provided by your web browser.

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping basket function or language settings). Other cookies are used to evaluate user behavior or display advertising.

Technically necessary cookies are stored on the basis of Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in the storage of cookies for the technically error-free and optimised presentation of our services. Other cookies are only stored with your consent on the basis of Art. 6 para. 1 lit. a GDPR. This consent can be withdrawn at any time for the future. The legal basis may also result from Art. 6 para. 1 lit. b GDPR if the processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject.

Insofar as cookies are used for analysis purposes, we will inform you of this separately within the framework of this privacy policy and obtain your consent.

You can set your browser to 

  • be informed about the setting of cookies, 
  • only allow cookies in individual cases, 
  • exclude the acceptance of cookies for certain cases or generally,
  • activate the automatic deletion of cookies when the browser is closed.

The cookie settings can be managed under the following links for each browser:

You can also manage cookies of many companies and functions used for advertising individually. To do this, use the appropriate user tools, available at https://www.aboutads.info/choices/ or  http://www.youronlinechoices.com/uk/your-ad-choices.

Most browsers also offer a so-called “do-not-track function”. When this feature is enabled, the browser tells ad networks, websites, and applications that you do not want to be “tracked” for behavioral advertising and the like.

For information and instructions on how to edit this feature, please refer to the links below, depending on your browser provider:

Additionally, you can prevent the loading of so-called scripts by default. “NoScript” allows the execution of JavaScripts, Java and other plug-ins only at trusted domains of your choice. Information and instructions on how to edit this function can be obtained from the provider of your browser (e.g. for Mozilla Firefox at: https://addons.mozilla.org/en-US/firefox/addon/noscript/ ).

Please note that if you disable cookies, the functionality of our website may be limited.

Data processing in the context of using the app 

In addition to the data mentioned here in the declaration, we also collect the following personal data in order to provide you with access as well as the use of our app:

  • E-mail address
  • username
  • As well as any data you provide as part of the creation of “Brand Touchpoints”. 

This data is necessary to provide you and your company with the offers of our App. The processing takes place for the following purposes:

  • Creation and management of the user account.
  • To enable the app functions such as the creation of brand touchpoints, as well as the liking and commenting on these touchpoints.

These processing operations are based on the contractual relationship between us and your company and are therefore legitimized according to Art. 6 para. 1 sentence 1 lit. b GDPR.

Google Analytics

Our website uses Google Analytics, an internet analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics uses so-called “cookies” and web beacons. 

Google will use this information on behalf of the operator of this website to evaluate your use of the website and to create reports on website activity. Google will also use this information to provide the website operator with further services related to the use of the website and the internet. The IP address sent by your browser in the context of Google Analytics is not combined with other data from Google. Processing is carried out in accordance with Art. 6 para. 1 lit. a GDPR on the legal basis of your given consent.

We use Google Analytics only with activated IP anonymisation. This means that your IP address will only be further processed by Google in abbreviated form.

We have concluded a Data Processing Agreement with the service provider in which we oblige him to protect the data of our customers and not to pass them on to third parties. 

Since a transfer of personal data to the U.S. takes place, further appropriate safeguards are required to ensure the level of data protection under the GDPR. To guarantee this, we have concluded standard contractual clauses with the provider in accordance with Art. 46 Para. 2 lit. c GDPR. These oblige the recipient of the data in the U.S. to process the data according to the level of protection in Europe. In cases in which this cannot be guaranteed even by this contractual extension, we endeavour to obtain additional regulations and commitments from the recipient in the U.S.

The terms of use of Google Analytics and information on data protection can be accessed via the following links: 

http://www.google.com/analytics/terms

https://policies.google.com/privacy

The data will be deleted as soon as it is no longer necessary for the purpose for which it was collected. User and event-level data associated with cookies, user IDs (e.g., User ID), and advertising IDs (e.g., DoubleClick cookies, Android Advertising ID, IDFA) will be deleted no later than 14 months after collection.

You can prevent cookies from being saved by adjusting the settings of your browser software accordingly. Please note, however, that if you do so you may not be able to use all the functions of this website without restriction. You can also prevent Google from collecting the data generated by the cookie and analysing your use of the website (including your IP address) and processing this data by Google by downloading and installing the browser plugin available at https://tools.google.com/dlpage/gaoptout.

Google Tag Manager

This website uses the Google Tag Manager of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). This service allows website tags to be managed through an interface. The Google Tag Manager only implements tags. This means that no cookies are used and only the user’s IP address is transmitted to Google to establish a connection. The Google Tag Manager triggers other tags, which in turn may collect data. However, the Google Tag Manager does not access this data. If a deactivation has been made on domain or cookie level, it will remain for all tracking tags as long as they are implemented with the Google Tag Manager.

We use the Google Tag Manager on the basis of our legitimate interest under Art. 6 para. 1 lit. f) GDPR. Our legitimate interest here is to enable the technical integration of other website tools.

As the IP address is transferred to Google in the USA, further protective mechanisms are required to ensure the level of data protection under the GDPR. In order to guarantee this, we have agreed standard data protection clauses with the provider in accordance with Art. 46 Para. 2 lit. c GDPR. These clauses oblige the recipient of the data in the USA to process the data in accordance with the level of protection in Europe. In cases in which this cannot be guaranteed even by this contractual extension, we will endeavour to obtain additional regulations and commitments from the recipient in the USA.

Data Transfer and Recipients

Your personal data is not transferred to third parties, unless

  • we have explicitly pointed this out in the description of the respective data processing.
  • you have given your explicit consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR,
  • the transfer pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise or defence of legal claims and our legitimate interests are not overridden by your fundamental rights and freedoms.
  • there is a legal obligation to transfer data pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, and
  • required by Art. 6 para. 1 sentence 1 lit. b GDPR for the execution of contractual relationships with you.

In addition, we use external service providers for the processing of our services, whom we have carefully selected and commissioned in writing. They are bound by our instructions and are regularly monitored by us. Required data processing agreements pursuant to Art. 28 GDPR are concluded before the commission. In particular, these contracts concern web hosting services, the dispatch of emails and IT updates and maintenance. Your personal data will not be transferred to third parties by our service providers.

Data security

We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with Article 32 of the GDPR, taking into account the state of the art, the cost of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying probability and severity of the risk to the rights and freedoms of natural persons. This website uses SSL encryption for security reasons and to protect the transmission of confidential content.

Storage period

The period for which the personal data will be stored is determined by the relevant statutory storage periods (e.g. from commercial law and tax law). The corresponding data is deleted routinely upon expiry of the respective period. If data is required for the fulfilment of a contract or contract initiation, or if we have a legitimate interest in further storage, the data will be deleted if they are no longer required for these purposes or if you make use of your right of withdrawal or objection.

Your Rights

In the following, you will find information about your data subject rights, which the current data protection law grants you against the controller concerning the processing of personal data:

The right, pursuant to Art. 15 GDPR, to obtain information about your personal data processed by us. In particular, you may request information about the purposes of processing, the categories of personal data concerned, the categories of recipients to whom your data has been or will be disclosed, the envisaged period for which the data will be stored, the existence of the right to request from the controller rectification or erasure or personal data or restriction of processing of personal data concerning you or to object such processing, the existence of a right to lodge a complaint with a supervisory authority, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved, as well as the significance and the envisaged consequences.

The right to obtain without undue delay the rectification of inaccurate personal data concerning you. in accordance with Art. 16 GDPR.

The right to request the erasure of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right of freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.

The right, pursuant to Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is contested by you, the processing is unlawful, but you oppose the erasure and we no longer need the data for the purposes of processing, but they are required by you for the establishment, exercise or defence of legal claims or you have filed an objection against the processing pursuant to Art. 21 GDPR.

The right, in accordance with Art. 20 GDPR, to receive the personal data concerning you, which you have provided to us in in a commonly used and machine-readable format and the right to transmit those data to another controller.

The right to withdraw your given consent pursuant to Art. 7 para. 3 GDPR with effect in the future at any time.

The right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR, in particular in the Member State of your habitual residence, place of work. 

The right to withdraw your given consent pursuant to Art. 7 para. 3 GDPR: You have the right to withdraw your given consent concerning the processing of your personal data with effect for the future at any time. In the event of withdrawal, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal 

Right to object

If your personal data is processed by us based on legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR, you have the right, pursuant to Art. 21 GDPR, to object at any time to the processing of your personal data on grounds relating to your particular situation. If the objection is directed against the processing of personal data for the purpose of direct marketing, you have a general right of objection without the requirement of stating a particular situation.

If you wish to exercise your right of withdrawal, objection or any of your other rights, simply send an e-mail to mail@brandification.com.

Necessity of providing personal data 

The provision of personal data for the decision on the conclusion of a contract, the fulfillment of the contract or for the implementation of pre-contractual measures is voluntary. However, we can only make the decision in the context of contractual measures if you provide such personal data that is required for the conclusion of the contract, the fulfillment of the contract or pre-contractual measures.

Automated decision making

Automated decision making or profiling according to Art. 22 GDPR does not take place.

Subject to change

We reserve the right to adapt or update this privacy policy, if necessary, in compliance with the applicable data protection regulations. In this way, we can adapt it to the current legal requirements and take account of changes to our services, e.g. the introduction of new services. The most current version applies to your visit.

Status of this privacy policy: 16.02.2021

 

Privacy Policy CX Management Platform (Brandification Software)

Introduction 

Thank you for your interest in our website. The protection of your personal data is important to us. Below you will find information about how we handle your data that is collected through your use of our website. Your data will be processed in accordance with the legal data protection regulations.

Controller within the meaning of data protection law 

Brandification GmbH 
Bucher Str. 5 
90419 Nürnberg 
(+49) 911 – 350 64 9950 
mail@brandification.com

Data Protection Officer 

Proliance GmbH / www.datenschutzexperte.de 
Data Protection Officer 
Leopoldstr. 21 
80802 Munich 
datenschutzbeauftragter@datenschutzexperte.de 

Definitions 

Our privacy policy should be simple and understandable for everyone. For this reason, our privacy policy generally uses the official terms of the General Data Protection Regulation (GDPR). The official definitions are explained in Art. 4 GDPR. 

Web Hosting 

This website is hosted by an external service provider (Hetzner). This website is hosted in Frankfurt am Main. Personal data collected on this website is stored on the hoster’s servers. This may include, but is not limited to, IP addresses, contact requests, meta and communication data, web page accesses and other data generated by a website.  

We have concluded a Data Processing Agreement with the provider in accordance with the requirements of Art. 28 GDPR, in which we commit him to protect the data of our customers and not to pass them on to third parties.

Server-Logfiles

Once you visit our website, it is technically necessary that data is transmitted to our web server via your internet browser. The following data is recorded during an active connection for communication between your internet browser and our web server.

  • Date and time of the request 
  • Name of the requested file 
  • Page from which the file was requested 
  • Access status 
  • Web browser used and operating system used 
  • (Full) IP address of the requesting computer
  • Transmitted amount of data

We collect the listed data in order to guarantee a frictionless connection establishment and to enable a comfortable use of our website by the users. The log file also serves for evaluating system security and stability as well as administrative purposes. The legal basis for the temporary storage of data or log files is Art. 6 para. 1 lit. f GDPR.  

For reasons of technical security, in particular to prevent attempts to attack our web server, we may temporarily store this data. It is not possible for us to draw conclusions about individual persons on the basis of this data. After 14 days at the latest, the data is made anonymous by shortening the IP address at domain level, so that it is no longer possible to establish a reference to the individual user. This data is not evaluated in anonymous form except for statistical purposes. This data is not combined with data from other data sources.

Cookies 

Our website uses so-called “cookies”. Cookies are small text files that are either temporarily stored on your end device for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or an automatic solution is provided by your web browser. 

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping basket function or language settings). Other cookies are used to evaluate user behavior or display advertising. 

Technically necessary cookies are stored on the basis of Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in the storage of cookies for the technically error-free and optimised presentation of our services. Other cookies are only stored with your consent on the basis of Art. 6 para. 1 lit. a GDPR. This consent can be withdrawn at any time for the future. The legal basis may also result from Art. 6 para. 1 lit. b GDPR if the processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject. 

Insofar as cookies are used for analysis purposes, we will inform you of this separately within the framework of this privacy policy and obtain your consent. 

You can set your browser to  

  • be informed about the setting of cookies,  
  • only allow cookies in individual cases,  
  • exclude the acceptance of cookies for certain cases or generally, 
  • activate the automatic deletion of cookies when the browser is closed. 

The cookie settings can be managed under the following links for each browser: 

You can also manage cookies of many companies and functions used for advertising individually. To do this, use the appropriate user tools, available at https://www.aboutads.info/choices/ or  http://www.youronlinechoices.com/uk/your-ad-choices. 

Most browsers also offer a so-called “do-not-track function”. When this feature is enabled, the browser tells ad networks, websites, and applications that you do not want to be “tracked” for behavioral advertising and the like. 

For information and instructions on how to edit this feature, please refer to the links below, depending on your browser provider: 

Additionally, you can prevent the loading of so-called scripts by default. “NoScript” allows the execution of JavaScripts, Java and other plug-ins only at trusted domains of your choice. Information and instructions on how to edit this function can be obtained from the provider of your browser (e.g. for Mozilla Firefox at: https://addons.mozilla.org/en-US/firefox/addon/noscript/ ). 

Please note that if you disable cookies, the functionality of our website may be limited.

Data processing in the context of software use 

In addition to the data mentioned here in the declaration, we also collect the following personal data in order to provide you with access as well as the use of our software: 

– E-mail address 

– user name 

as well as all data and files that you provide within the framework of the upload function in files.  

These data are necessary to provide you and your company with the offers of our software. The processing takes place for the following purposes: 

– Creation and management of the user account 

– Provision of the software functions such as the creation of tasks as well as the assignment of tasks to specific employees 

– Storage location as well as export function for uploaded data. 

Data and files that you upload using the upload function are only stored by us to enable your company to retrieve them at any time. A readout or other analysis of these data or files does not take place. 

This processing is based on the contractual relationship between us and your company and is therefore legitimate according to Art. 6 para. 1 sentence 1 lit. b GDPR. Furthermore, for all data and files provided within the framework of the upload function, the user’s consent pursuant to Art. 6 para.1 sentence 1 lit. a GDPR applies as the legal basis for all non-contractually necessary personal data.

Data Transfer and Recipients 

Your personal data is not transferred to third parties, unless 

  • we have explicitly pointed this out in the description of the respective data processing. 
  • you have given your explicit consent in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR, 
  • the transfer pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR is necessary for the assertion, exercise or defence of legal claims and our legitimate interests are not overridden by your fundamental rights and freedoms.
  • there is a legal obligation to transfer data pursuant to Art. 6 para. 1 sentence 1 lit. c GDPR, and 
  • required by Art. 6 para. 1 sentence 1 lit. b GDPR for the execution of contractual relationships with you. 

In addition, we use external service providers for the processing of our services, whom we have carefully selected and commissioned in writing. They are bound by our instructions and are regularly monitored by us. Required data processing agreements pursuant to Art. 28 GDPR are concluded before the commission. In particular, these contracts concern web hosting services, the dispatch of emails and IT updates and maintenance. Your personal data will not be transferred to third parties by our service providers.

Storage period 

The period for which the personal data will be stored is determined by the relevant statutory storage periods (e.g. from commercial law and tax law). The corresponding data is deleted routinely upon expiry of the respective period. If data is required for the fulfilment of a contract or contract initiation, or if we have a legitimate interest in further storage, the data will be deleted if they are no longer required for these purposes or if you make use of your right of withdrawal or objection.

Data security 

We take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk in accordance with Article 32 of the GDPR, taking into account the state of the art, the cost of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying probability and severity of the risk to the rights and freedoms of natural persons. This website uses SSL encryption for security reasons and to protect the transmission of confidential content.

Your Rights 

In the following, you will find information about your data subject rights, which the current data protection law grants you against the controller concerning the processing of personal data: 

The right, pursuant to Art. 15 GDPR, to obtain information about your personal data processed by us. In particular, you may request information about the purposes of processing, the categories of personal data concerned, the categories of recipients to whom your data has been or will be disclosed, the envisaged period for which the data will be stored, the existence of the right to request from the controller rectification or erasure or personal data or restriction of processing of personal data concerning you or to object such processing, the existence of a right to lodge a complaint with a supervisory authority, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about the logic involved, as well as the significance and the envisaged consequences. 

The right to obtain without undue delay the rectification of inaccurate personal data concerning you. in accordance with Art. 16 GDPR. 

The right to request the erasure of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right of freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims. 

The right, pursuant to Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is contested by you, the processing is unlawful, but you oppose the erasure and we no longer need the data for the purposes of processing, but they are required by you for the establishment, exercise or defence of legal claims or you have filed an objection against the processing pursuant to Art. 21 GDPR. 

The right, in accordance with Art. 20 GDPR, to receive the personal data concerning you, which you have provided to us in in a commonly used and machine-readable format and the right to transmit those data to another controller. 

The right to withdraw your given consent pursuant to Art. 7 para. 3 GDPR with effect in the future at any time. 

The right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR, in particular in the Member State of your habitual residence, place of work.  

The right to withdraw your given consent pursuant to Art. 7 para. 3 GDPR: You have the right to withdraw your given consent concerning the processing of your personal data with effect for the future at any time. In the event of withdrawal, we will delete the data concerned without delay, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

Right to object 

If your personal data is processed by us based on legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR, you have the right, pursuant to Art. 21 GDPR, to object at any time to the processing of your personal data on grounds relating to your particular situation. If the objection is directed against the processing of personal data for the purpose of direct marketing, you have a general right of objection without the requirement of stating a particular situation. 

If you wish to exercise your right of withdrawal, objection or any of your other rights, simply send an e-mail to mail@brandification.com

Necessity of providing personal data  

The provision of personal data for the decision on the conclusion of a contract, the fulfillment of the contract or for the implementation of pre-contractual measures is voluntary. However, we can only make the decision in the context of contractual measures if you provide such personal data that is required for the conclusion of the contract, the fulfillment of the contract or pre-contractual measures.

Automated decision making 

Automated decision making or profiling according to Art. 22 GDPR does not take place.

Subject to change 

We reserve the right to adapt or update this privacy policy, if necessary, in compliance with the applicable data protection regulations. In this way, we can adapt it to the current legal requirements and take account of changes to our services, e.g. the introduction of new services. The most current version applies to your visit.

Status of this privacy policy: 17.02.2021 

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