1. Introduction
With the following information, we would like to give you as a "data subject" an overview of the processing of your personal data by us and your rights under the data protection laws. As a matter of principle, it is possible to use our website without entering personal data. However, if you want to use special services of our enterprise via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.
The processing of personal data, such as your name, address, or e-mail address, shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the "foobar Agency GmbH". By means of this data protection declaration, we would like to inform you about the scope and purpose of the personal data collected, used and processed by us.
As the controller, we have implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are also free to transmit personal data to us by alternative means, for example by telephone or by post.
2. Person responsible
The responsible party within the meaning of the DS-GVO is:
foobar Agency GmbH
Ria-Burkei-Str. 25
81249 Munich, Germany
3. Data protection officer
You can reach the data protection officer as follows:
Beatriz Loos
E-mail: [email protected]
You can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.
4. Definitions
The data protection declaration is based on the terms used by the European Directive and Ordinance Maker when issuing the Basic Data Protection Regulation (DS-GVO). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
1. Personal data
Personal data is any information relating to an identified or identifiable natural person. 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.
2. Data subject
Data subject means any identified or identifiable natural person whose personal data is processed by the controller (our company).
3. Processing
Processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
4. Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
5. Profiling
Profiling is any type of automated processing of personal data which consists of using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
6. Pseudonymisation
Pseudonymisation is the processing of personal data in such a way 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 organizational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
7. Processor
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
8. Recipient
Recipient means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not a third party. However, public authorities that may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
9. Third party
Third party means any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or the processor.
10. Consent
Consent means any freely given specific and informed indication of the data subject's wishes in the form of a statement or other unambiguous affirmative act by which the data subject signifies his or her agreement to the processing of personal data relating to him or her.
5. Legal basis for processing
Art. 6 para. 1 lit. a DS-GVO (in conjunction with § 15 para. 3 TMG) serves as the legal basis for our company for processing operations in 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 you are a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 (1) lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in the case of enquiries about our products or services.
If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for the fulfilment of tax obligations, the processing is based on Art. 6 (1) lit. c DS-GVO.
In rare cases, the processing of personal data might become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance details or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 (1) (d) DS-GVO.
Finally, processing operations could be based on Art. 6(1)(f) DS-GVO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47 sentence 2 DS-GVO).
6. Transmission of data to third parties
We do not transfer your personal data to third parties for purposes other than those listed below.
We only pass on your personal data to third parties if:
- you have given your express consent to do so in accordance with Art. 6 (1) p. 1 lit. a DS-GVO,
- the disclosure is permissible in accordance with Art. 6 Para. 1 Sentence 1 lit. f DS-GVO to protect our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
- in the event that there is a legal obligation to disclose your data pursuant to Art. 6 para. 1 sentence 1 lit. c DS-GVO, as well as
- this is legally permissible and necessary for the processing of contractual relationships with you according to Art. 6 para. 1 p. 1 lit. b DS-GVO.
In order to protect your data and, if necessary, allow us to transfer data to third countries (outside the EU/EEA), we have concluded commissioned processing agreements based on the standard contractual clauses of the European Commission.
7. Technology
7.1 SSL/TLS encryption
This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator. You can recognise an encrypted connection by the fact that the address line of the browser contains a "https://" instead of a "http://" and by the lock symbol in your browser line. We use this technology to protect your transmitted data.
7.2 Data collection when visiting the website
When you use our website for information purposes only, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (in so-called "server log files"). Our website collects a series of general data and information each time you or an automated system access a page. This general data and information is stored in the server log files. The following can be recorded
- browser types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system arrives at our website (so-called referrer),
- the sub-websites which are accessed via an accessing system on our website,
- the date and time of an access to the website,
- an abbreviated Internet protocol address (anonymised IP address),
- the internet service provider of the accessing system.
When using this general data and information, we do not draw any conclusions about your person. This information is rather required in order to
- deliver the contents of our website correctly,
- optimise the contents of our website as well as the advertising for it
- to ensure the permanent functionality of our IT systems and the technology of our website, and
- to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack.
Therefore, the data and information collected are, on the one hand, statistically evaluated and, on the other hand, evaluated with the aim of increasing the data protection and data security of our enterprise so as to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from any personal data provided by a data subject.
The legal basis for the data processing is Art. 6 para. 1 p. 1 lit. f DS-GVO. Our legitimate interest follows from the data collection purposes listed above.
8. Cookies
8.1 General information about cookies
We use cookies on our website. These are small files that your browser automatically creates and that are stored on your IT system (laptop, tablet, smartphone or similar) when you visit our site.
Information is stored in the cookie that is related to the specific end device used. However, this does not mean that we gain direct knowledge of your identity.
The use of cookies serves, on the one hand, to make the use of our offer more pleasant for you. We use so-called session cookies to recognise that you have already visited individual pages of our website. These are automatically deleted after you leave our site.
In addition, we also use temporary cookies to optimise user-friendliness, which are stored on your end device for a certain fixed period of time. If you visit our site again to use our services, it is automatically recognised that you have already been to our site and which entries and settings you have made so that you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimising our offer for you. These cookies enable us to automatically recognise that you have already been to our website when you visit it again. These cookies are automatically deleted after a defined period of time.
8.2 Legal basis for the use of cookies
The data processed by cookies, which are required for the proper functioning of the website, are thus necessary to protect our legitimate interests as well as those of third parties in accordance with Art. 6 (1) p. 1 lit. f DS-GVO.
For all other cookies, you must have given your consent to this via our opt-in cookie banner within the meaning of Art. 6 (1) lit. a DS-GVO.
9. Contents of our website
9.1 Contacting us / contact form
Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request in accordance with Art. 6 Para. 1 lit. f DS-GVO. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b DS-GVO. Your data will be deleted after final processing of your request; this is the case if it can be inferred from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.
10. Newsletter dispatch
10.1 Newsletter dispatch to existing customers
If you have provided us with your e-mail address when purchasing goods or services, we reserve the right to regularly send you offers for similar goods or services to those already purchased from our range by e-mail. In accordance with Section 7 (3) of the German Unfair Competition Act (UWG), we do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalised direct advertising in accordance with Art. 6 Para. 1 lit. f DS-GVO. If you have initially objected to the use of your e-mail address for this purpose, we will not send you any e-mails. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. This will only incur transmission costs for you according to the basic rates. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.
10.2 Advertising newsletter
On our website, you are given the opportunity to subscribe to our company newsletter. Which personal data is transmitted to us when ordering the newsletter is determined by the input mask used for this purpose.
We inform our customers and business partners about our offers at regular intervals by means of a newsletter. The newsletter of our company can only be received by you if
- you have a valid e-mail address and
- you have registered to receive the newsletter.
For legal reasons, a confirmation e-mail will be sent to the e-mail address you entered for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email is used to check whether you, as the owner of the email address, have authorised receipt of the newsletter.
When you register for the newsletter, we also store the IP address of the IT system used by you at the time of registration as well as the date and time of registration, which is assigned by your Internet service provider (ISP). The collection of this data is necessary in order to be able to trace the (possible) misuse of your e-mail address at a later date and therefore serves our legal protection.
The personal data collected in the context of a registration for the newsletter is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes to the technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. You can cancel your subscription to our newsletter at any time. The consent to the storage of personal data that you have given us for the newsletter dispatch can be revoked at any time. For the purpose of revoking consent, you will find a corresponding link in each newsletter. Furthermore, it is also possible to unsubscribe from the newsletter mailing directly on our website at any time or to inform us of this in another way.
The legal basis for data processing for the purpose of sending the newsletter is Art. 6 Para. 1 lit. a DS-GVO.
11. Tracking
11.1 Use of the CRM system HubSpot
We use the CRM and marketing automation system HubSpot, from the provider HubSpot Inc. (25 First Street, 2nd Floor, Cambridge, MA 02141, USA) with branches in Ireland (One Dockland Central, Dublin 1, Ireland) and Germany (Koppenstrasse 93, 10243 Berlin). The legal basis for the use of HubSpot is our legitimate interest in the efficient and rapid processing of user enquiries and the optimisation of our online offer in accordance with Art. 6 Para. 1 lit. f DSGVO.
HubSpot helps us in particular to efficiently provide the following aspects of the website:
- Consent Management to manage the cookie preferences of the website visitor
- Analysis of downloads and click buttons
- Advertising newsletter (see point 10.2 of the privacy policy)
We have concluded an order processing contract with HubSpot in accordance with Art. 28 DSGVO and fully implement the strict requirements of the German data protection authorities when using HubSpot. HubSpot has assured us that the data processing is hosted exclusively on servers within the EU. However, it is possible that within the scope of our contractual relationship with HubSpot data may be transferred to the USA. In HubSpot's Data Processing Addendums, data transmission to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://www.hubspot.de/data-privacy/privacy-shield .
For more information about HubSpot's privacy policy, click here and for information about the cookies used by HubSpot, click here.
11.2 Website analysis
This website uses functions of the web analysis service Matomo.
The provider of the service is: We have integrated the Matomo component of the provider InnoCraft Ltd, 150 Willis St, 6011 Wellington, New Zealand, on this website.
Matomo is a software tool for web analysis, i.e. for collecting, collating and evaluating data on the behavior of visitors to websites. Among other things, data is collected about the website from which a data subject has accessed a website (so-called referrer), which sub-pages of the website have been accessed or how often and for how long a sub-page has been viewed. This is used to optimize the website.
The software is operated on the server of our data processor Sigedis, and the log files, which are sensitive under data protection law, are stored exclusively on this server.
Matomo sets a cookie on your IT system. The setting of the cookie enables us to analyse the use of our website. Each time one of the individual pages of this website is called up, the Internet browser on your IT system is automatically prompted by the Matomo component to transmit data to our server for the purpose of online analysis. As part of this technical procedure, we obtain knowledge of personal data, such as the IP address of the person concerned, which we use, among other things, to trace the origin of visitors and clicks.
By means of the cookie, personal information, such as the time of access, the place from which access originated and the frequency of visits to our website are stored. Each time you visit our website, this personal data, including the IP address is transmitted to our server. This personal data is stored by us. We do not pass on this personal data to third parties. You can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Matomo from setting a cookie on your IT system. In addition, a cookie already set by Matomo can be deleted at any time via an internet browser or other software programmes.
Furthermore, you have the option of objecting to and preventing the collection of data generated by Matomo that relates to a use of this website. To do this, you must set an opt-out cookie. If your IT system is deleted, formatted or reinstalled at a later date, the data subject must set an opt-out cookie again.
These processing operations are only carried out if express consent is given in accordance with Art. 6 Para. 1 lit. a DS-GVO. Further information and the applicable data protection provisions of Matomo can be found at https://matomo.org/privacy/.
12. Our activities in social networks
So that we can also communicate with you on social networks and inform you about our services, we are represented there with our own pages. If you visit one of our social media pages, we are jointly responsible with the provider of the respective social media platform within the meaning of Art. 26 DS-GVO with regard to the processing operations triggered thereby which concern personal data.
We are not the original provider of these pages, but merely use them within the scope of the possibilities offered to us by the respective providers. As a precaution, we therefore point out that your data may also be processed outside the European Union or the European Economic Area. Use may therefore entail data protection risks for you, as it may be more difficult to protect your rights, e.g. to information, deletion, objection, etc., and the processing in the social networks often takes place directly for advertising purposes or for the analysis of user behavior by the providers, without this being able to be influenced by us. If usage profiles are created by the provider, cookies are often used or the usage behavior is directly assigned to your own member profile of the social networks (if you are logged in here).
The described processing of personal data is carried out in accordance with Art. 6 Para. 1 lit. f DS-GVO on the basis of our legitimate interest and the legitimate interest of the respective provider in order to be able to communicate with you in a timely manner or to inform you about our services. If you have to give your consent to data processing as a user with the respective providers, the legal basis refers to Art. 6 (1) lit. a DS-GVO in conjunction with Art. 7 DS-GVO. Art. 7 DS-GVO.
As we do not have access to the providers' databases, we would like to point out that it is best to exercise your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. Further information on the processing of your data in the social networks and the possibility of making use of your right of objection or revocation (so-called opt-out) is listed below for the respective provider of social networks used by us:
12.1 Instagram
(Co-)responsible for data processing in Germany: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
12.2 LinkedIn
(Co-) Controller of data processing in Europe: LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland.
12.3 Twitter
(Co-) controller for data processing in Europe: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland.
13. Plugins and other services
13.1 Google Maps
On our website we use Google Maps (API) from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Maps is a web service for displaying interactive (land) maps in order to visually present geographical information. Using this service can, for example, show you our location and make it easier for you to find us.
When you call up those sub-pages in which the Google Maps map is integrated, information about your use of our website (such as your IP address) is transmitted to Google servers in the USA and stored there. This occurs regardless of whether Google provides a user account via which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not want your data to be associated with your Google profile, you must log out of your Google user account. Google stores your data (even for users who are not logged in) as usage profiles and evaluates them. You have the right to object to the creation of these user profiles, and you must contact Google to exercise this right.
If you do not agree to the future transmission of your data to Google in the context of the use of Google Maps, you also have the option of completely deactivating the Google Maps web service by switching off the JavaScript application in your browser. Google Maps and thus also the map display on this website can then not be used.
These processing operations are only carried out if express consent is given in accordance with Art. 6 Para. 1 lit. a DS-GVO.
You can view Google's terms of use at https://www.google.de/intl/de/policies/terms/regional.html, and the additional terms of use for Google Maps at https://www.google.com/intl/de_US/help/terms_maps.html.
Detailed information on data protection in connection with the use of Google Maps can be found on the Google website ("Google Privacy Policy"): https://www.google.de/intl/de/policies/privacy/
13.2 Google reCAPTCHA
On this website we also use the reCAPTCHA function of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). This function is primarily used to distinguish whether an entry is made by a natural person or is abused by machine and automated processing. The service also includes the sending of the IP address and, where applicable, other data required by Google for the reCAPTCHA service to Google.
These processing operations are only carried out if explicit consent is given in accordance with Art. 6 para. 1 lit. a DS-GVO.
Further information on Google reCAPTCHA and Google's privacy policy can be found at: https://www.google.com/intl/de/policies/privacy/.
13.3 Google WebFonts
Our website uses so-called web fonts provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.
For this purpose, the browser you are using must connect to Google's servers. This informs Google that our website has been accessed via your IP address. Google Web Fonts are used in the interest of a uniform and appealing presentation of our website.
These processing operations are only carried out when explicit consent is given in accordance with Art. 6 para. 1 lit. a DS-GVO.
Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/
14. Your rights as a data subject
14.1 Right to confirmation
You have the right to request confirmation from us as to whether personal data relating to you is being processed.
14.2 Right to information Art. 15 DS-GVO
You have the right to obtain from us, at any time and free of charge, information about the personal data stored about you as well as a copy of this data in accordance with the legal provisions.
14.3 Right to rectification Art. 16 DS-GVO
You have the right to demand that incorrect personal data concerning you be corrected. You also have the right to request that incomplete personal data be completed, taking into account the purposes of the processing.
14.4 Deletion Art. 17 DS-GVO
You have the right to demand that we delete the personal data concerning you without delay, provided that one of the reasons provided for by law applies and insofar as the processing or storage is not necessary.
14.5 Restriction of processing Art. 18 DS-GVO
You have the right to demand that we restrict processing if one of the legal requirements applies.
14.6 Data portability Art. 20 DS-GVO
You have the right to receive the personal data concerning you, which has been provided to us by you, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) DS-GVO or Art. 9(2)(a) DS-GVO or on a contract pursuant to Art. 6(1)(b) DS-GVO and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
Furthermore, when exercising your right to data portability pursuant to Article 20(1) of the GDPR, you have the right to have the personal data transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons.
14.7 Objection Art. 21 DS-GVO
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balance of interests) DS-GVO.
This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 DS-GVO. If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
In individual cases, we process personal data in order to carry out direct advertising. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is connected with such direct advertising. If you object to us processing your personal data for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, you have the right to object on grounds relating to your particular situation to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) of the Data Protection Regulation, unless such processing is necessary for the performance of a task carried out in the public interest.
You are free to exercise your right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
14.8 Withdrawal of consent under data protection law
You have the right to revoke consent to the processing of personal data at any time with effect for the future.
14.9 Complaint to a supervisory authority
You have the right to complain about our processing of personal data to a supervisory authority responsible for data protection.
15. Routine storage, deletion and blocking of personal data
We process and store your personal data only for the period of time required to achieve the purpose of storage or if this has been provided for by the legal provisions to which our company is subject.
If the storage purpose ceases to apply or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
16. Duration of the storage of personal data
The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of the period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of the contract.
17. up-to-dateness and amendment of the data protection declaration
This data protection declaration is currently valid and has the status: April 2021.
Due to the further development of our Internet pages and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website under https://foobar.agency/privacy.
