Data privacy statement

Any collection, processing and use (hereinafter “use”) of data is solely for the purpose of providing our services. The services have been designed to use as little personal information as possible. For that matter, “personal data” is understood as all individual details about a person or factual circumstances of an identifiable natural person (so-called “affected person”). The following statements on data protection describe what types of data are collected when accessing our website, what happens with these data and how you may object to data usage.

1.General information on data processing

1.1 Person Responsible (Controller)
Responsible within the meaning of the EU General Data Protection Regulation (GDPR) and the new Federal Data Protection Act (BDSG) is:

Gedankenfabrik GbR

Address:                   Axel-Springer-Platz 3, 22355 Hamburg

Email:                        info@gedankenfabrik.de

Homepage:              https://www.gedankenfabrik.de

1.2 Protection of your data
We have taken technical and organizational measures to ensure that the requirements of the EU General Data Protection Regulation (GDPR) are met by us, as well as, by external service providers working for us. If we work with other companies to provide our services, such as email and server providers, this will only be done after an extensive selection process. In this selection process, each individual service provider is carefully selected for its suitability in terms of technical and organizational data protection skills. This selection procedure will be documented in writing and an agreement on the order processing of data (order processing contract) will only be concluded if the third party complies with the requirements of Art. 28 GDPR. Your information will be stored on specially protected servers. Access to it is only possible for a few specially authorized persons. Our website is SSL/TLS encrypted, as can be seen by the https:// at the start of our URL.

1.3 Erasure of personal data
We process personal data only if necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.

2.Use of data on this website and in logfiles

2.1 Scope of processing personal data
When visiting our website, our web servers temporarily store every access in a log file.

The following data is collected and stored until automated erasure:

  • IP-address of the requesting computer
  • Date and time of access
  • Name and URL of the retrieved file
  • Message if the retrieval was successful
  • Detection data of the browser and operating system used
  • Website from which access is made
  • Type of request (GET, POST; …)
  • Used protocol (HTTP/1.1, HTTP/2, …)

We or our partners may process additional data occasionally. You will find information about this below.

2.2 Legal basis for processing personal data
The legal basis for the temporary storage of the data and log files is Art. 6 para. 1 s. 1 lit. f) of the GDPR. Our legitimate interest is to make our website accessible for you.

2.3 Purpose of data processing
The processing of this data serves: the purpose of enabling the use of the website (connection establishment), system security, the technical administration of the network infrastructure, as well as to optimize the website. The IP address is evaluated only in case of attacks on our network infrastructure or the network infrastructure of our internet provider. Furthermore, no input of your personal data is required to use our website.

2.4 Duration of storage
As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out. This happens as soon as you close our website. Our hosting service might use data for statistical purposes. Any personal data will be anonymized for this. Our hosting service will delete this data after a period of 60 days.

2.5 Right of objection and erasure
The data processing is necessary in order to present the website and to ensure the website’s operation.

2.6 Hosting provider

2.6.1 Description and scope of data processing
On our website we use the services of the hosting provider Mittwald. The data processing is carried out by: Mittwald CM Service GmbH & Co. KG, Königsberger Str. 4 – 6, 32339 Espelkamp, Germany. When you access our website, data will be stored and processed for technical reasons. Additional information on data protection at Mittwald can be found: https://www.mittwald.de/datenschutz

2.6.2 Legal basis for data processing
The processing of this data is carried out on the basis of Art. 6 para. 1 s.1 lit. f) GDPR. Our legitimate interest is based on making our website accessible to you.

2.6.3 Purpose of data processing
The data processing is carried out for the purpose of enabling the use of the website. It is used for system security, the technical administration of the network infrastructure, as well as the optimization of the Internet offer.

2.6.4 Duration of storage
The data will be deleted as soon as the purpose of the processing has been fulfilled and no legal regulations prevent deletion.

2.6.5 Right to objection and erasure
In addition to the right of access, you also have a right of rectification with regard to the personal data stored about you, a right of deletion, a right of blocking and a right of transmission of your data. In addition, you can object to this processing at any time with us or with the data protection officer of Mittwald. If you wish to exercise any of these rights, you can contact Mittwald’s data protection officer: Andreas Durnio, Königsberger Straße 4-6, 32339 Espelkamp, Phone: +49-5772-293-100, Fax: +49-5772-293-333, E-Mail: datenschutz@mittwald.de.

3. Use of cookies

3.1 Description and scope of data processing
Our website is using cookies. Cookies are stored on your computer when you use our website. Cookies are small text files which are stored on your hard drive assigned to the browser you use. Through this information flows to us or the party who set the cookie. Cookies cannot run programs on or transmit viruses to your computer. Cookies are used to analyze the use of our website in anonymized or pseudonymized form and to enable personalized advertisements on this website. The following data may be transmitted:

  • Frequency of website visits
  • Which functions of the website are used by you
  • Your cookie-settings
  • Language settings

Upon entering this website, a cookie banner informs you about the use of cookies on this website and asks for your consent to the use of cookies. Also, you are pointed to the data privacy statement of this website.

Note on data processing in the USA by Google, Vimeo: By agreeing to “External Media”, you agree in accordance with Art. 6 para. 1 s. 1 lit. a) GDPR that your data will be processed in the USA. The ECJ considers that the data protection standard in the US is insufficient and that there is a risk that your data will be processed by the US authorities for control and monitoring purposes, possibly without any redress. If you only agree to set essential cookies, the transmission will not take place. Consent given may be revoked at any time.

3.2 Legal basis for data processing
The legal basis for the processing of data by cookies, which do not only serve the functionality of our website, is Art. 6 para. 1 s. 1 lit. a) GDPR. The legal basis for the processing of data for cookies, which serve only the functionality of this website, is Art. 6 para. 1 s. 1 lit. f) GDPR.

3.3 Purpose of data processing
Our legitimate interests are to provide you with a working website connection and to ensure a comfortable use of this website. Also, we need to process your personal data to solve occurring safety and security issues, as well as to ensure system stability. The data processing takes place to make a statistical evaluation of our website possible.

3.4 Duration of storage
This website uses the following types of cookies. The extend and function of each are being explained below:

  • Transient cookies (see a)
  • Persistent cookies (see b)

a) Transient cookies are automatically deleted when you close the browser. This is especially true for session cookies which store your session ID, with which various requests from your browser can be assigned to your session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.

b) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.

3.5 Right to objection and erasure
You have the possibility to revoke your consent to the data processing by means of cookies, which do not only serve the functionality of the website. In addition, we do not set cookies until you have agreed to set cookies when you visit the site. In this way, you can prevent data processing via cookies on our website. You can also delete the cookies in your browser’s security settings at any time. Please note that you may not be able to use all the features of this website. The setting of cookies can also be prevented at any time by appropriate settings in your internet browser.

4.Contact

4.1 Description and scope of data processing
Via our website it is possible to contact us via e-mail. This will require different data to answer the request, which will be automatically saved for processing. Your data will not be passed on to third parties, unless you have given your consent.

4.2 Legal basis for data processing
The legal basis depends on Art. 6 para. 1 s. 1 lit. b) GDPR.

4.3 Purpose of data processing
The processing of personal data from the input form is used solely handling the contact request.

4.4 Duration of storage
The data will be deleted as soon as we answer your request. There might occur rare cases when legal or contractual retention periods interfere with the erasure of your personal data. In this case your data will be deleted after these periods.

4.5 Right to objection and erasure
The user has the right to withdraw their consent to the processing of personal data at any time. If the user contacts us, they can object to storage of their personal data at any time. In such cases, the conversation cannot be continued. All personal data that has been stored in the course of the contact will be deleted.

5.Newsletter

5.1 Description and scope of data processing
On our website visitors can subscribe to our newsletter. When signing-up to receive a newsletter, we ask for:

  • email address
  • first name
  • last name
  • company

The newsletter will be sent via email only after the sign-up process is completed. In order to meet the requirements of the GDPR, we use DOI (Double Opt.-In). If you sign up for our newsletter, we will send a confirmation email to the address you provided us with. This email contains a confirmation link that you must click to complete the sign-up process. Following this procedure, the IP address, date and time of login are stored. This is done to prevent abuses. We won’t transfer the data to third parties.

5.2 Legal basis for data processing
This processing is legally based on your consent, Art. 6 para. 1 s.1 lit. a) GDPR.

5.3 Purpose of data processing
The newsletter has the functions of informing the affected parties about offers and news at a regular basis.

5.4 Duration of storage
We process personal data only as long as necessary. As soon as the purpose of the data processing is fulfilled, erasure of the data is carried out according to the standards of the erasure concept, unless legal or contractual regulations oppose this.

5.5 Right to objection and erasure
The consent to receiving the newsletter can be revoked by you at any time. For this purpose, you can click the integrated link in each newsletter to unsubscribe. It is also possible to inform us about the revocation of the consent in any other way, e.g. via mail or email.

5.6 Mailchimp

5.6.1 Description and scope of data processing
The newsletter is being sent by „Mailchimp“, an online marketing platform. The personal data is being processed by: Rocket Science Group, LLC, 675 Ponce De Leon Ave NE#5000, Atlanta, GA 30308, USA. Note on data processing in the USA: By subscribing to the newsletter, you agree in accordance with Art. 6 para. 1 s. 1 lit. a) GDPR that your data will be processed by our shipping service provider in the USA. The ECJ considers that the data protection standard in the US is insufficient and that there is a risk that your data will be processed by the US authorities for control and monitoring purposes, possibly without any redress. Consent given can be revoked at any time.

The e-mail addresses of our newsletter recipients, as well as any other data described under the section newsletter, is being saved on servers of Mailchimp in the USA. Mailchimp uses this information on our behalf for our newsletter management (e.g. sending, reporting, …). According to Mailchimp they also allowed to use this information in order to provide, support and improve its services as well as their data analytics projects. Mailchimp does not use this information to contact our newsletters may contain a „web-beacon“, which is a pixel-sized file. When opening our newsletter this file is downloaded from Mailchimp’s servers and thus information such as whether the e-mail was delivered and opened and whether links within the e-mail were clicked are collected. Mailchimp can collect information such as IP address, browser, e-mail client type and other similar details. Technically this information can be matched to each newsletter recipient, but it is not in our or Mailchimp’s interest to monitor our users on a personal basis. You can view the privacy policy of Mailchimp here: https://Mailchimp.com/legal/privacy/

5.6.2 Legal basis for data processing
This data processing is legally based on your consent, Art. 6 para. 1 s. 1 lit. a) GDPR.

5.6.3 Purpose of data processing
We use Mailchimp as our sub-processor to ensure an efficient management of our mailing list and to send newsletters to stay in touch with you.

5.6.4 Duration of storage
Mailchimp claims to keep your personal data only as long as we use it for sending newsletters. When we delete you from our mailing list, Mailchimp will delete this data as well.

5.6.5 Right to objection and erasure
You have the possibility to revoke your consent. You are also free to use the „opt out“ link in the footer of each e-mail. If you do so, we will delete your e-mail address from our mailing list which in turn will prompt Mailchimp to stop processing your personal data. This will not have any effect on other mailing lists (e.g. by other companies) managed through Mailchimp.

6. Social media on our website

We integrated social media platforms on our website via links and “plug-ins”, which may result in social media providers receiving data from you if necessary. We will break this down for you in the following.

6.1 LinkedIn
We have integrated LinkedIn as a link on this website. The data processing is carried out by: LinkedIn Corporation, 1000 W. Maude Ave., Sunnyvale, California 94085, USA. If you live outside the United States or Canada and LinkedIn processes the data, you are responsible for this: LinkedIn Ireland, Wilton Plaza, Wilton Place, Dublin 2, Ireland. Note on data processing in the USA: If you click the LinkedIn link, your data may be processed in the United States. The ECJ considers that the data protection standard in the US is insufficient and that there is a risk that your data will be processed by the US authorities for control and monitoring purposes, possibly without any redress. If you don’t click the LinkedIn link, the submission will not take place. If you click on the LinkedIn link, the linkedin website will be accessed. By accessing the LinkedIn website via our website, LinkedIn transmits the respective reference data from us. LinkedIn receives the information that you have visited our website. For more information on LinkedIn privacy, please refer to LinkedIn’s privacy policy below: https://www.linkedin.com/legal/privacy-policy. You can contact LinkedIn’s data protection officer via the following linked contact form: https://www.linkedin.com/help/linkedin/ask/TSO-DPO

6.2 YouTube Video
6.2.1 Description and scope of data processing
We have integrated the services of YouTube on this website. We use for the integration of videos the provider YouTube. Responsible for data processing is: YouTube LLC, 901 Cherry Avenue, San Bruno, CA 94066, USA, Data processing for the European Economic Area and for Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. When you visit our website with embedded videos, your IP address will be sent to YouTube and cookies will be installed on your computer. We have included YouTube videos in enhanced privacy mode (in which case, YouTube still contacts the Google DoubleClick service, but personal data is not evaluated according to Google’s privacy policy). As a result, YouTube does not store any information about visitors unless they watch the embedded video. If you click the video, your IP address will be sent to YouTube and YouTube will know that you’ve watched the video. If you are logged in to YouTube, this information is also assigned to your user account (you can prevent this by logging out of YouTube before clicking the video). We use no influence on any possible collection or use of your data by YouTube. For more information about privacy, please refer to the following data policy of YouTube: https://www.google.de/intl/de/policies/privacy/

6.2.2 Legal basis of data processing
The legal basis for this data processing is Art. 6 para. 1 s. 1 lit. a) GDPR.

6.2.3 Purpose of data processing
We use social media to promote our company. We also want to give you the opportunity to interact with social media through our website.

6.2.4 Duration of storage
Data collected by YouTube (Google) will be deleted by the controller after a fixed retention period of 9 to 18 months.

6.2.5 Right to objection and erasure
You have the possibility to revoke your consent. Additional settings and disagreements on the use of data for promotional purposes are available within the YouTube Profile settings.

6.3 Vimeo Video
6.3.1 Description and scope of data processing
We use the provider Vimeo for the integration of videos. Data processing is carried out by: Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA. On some of our websites we use plugins of the provider Vimeo. When you access the websites provided with a plugin on our website, a connection to the Vimeo servers is established and the plugin is displayed. This will send to the Vimeo server that you have visited our website. If you are logged in to Vimeo as a member, Vimeo assigns this information to your personal user account. When using the plugin, such as clicking on the start button of a video, this information is also assigned to your user account. For more information on data protection, please refer to the following Vimeo data policy: https://vimeo.com/privacy

6.3.2 Legal basis for data processing
The legal basis for data processing is your consent, in accordance with Art. 6 para. 1 s.1 lit. a) GDPR.

6.3.3 Purpose of data processing
We use social media to promote our company. We would also like to offer you the opportunity to interact with social media through our website. We would also like to give you the opportunity to stream videos through Vimeo.

6.3.4 Duration of storage
According to Vimeo, Vimeo only stores your personal data as long as you have an account with Vimeo. If you do not have an account there, the data is only stored in anonymized form, so that the GDPR does not apply to this data.

6.3.5 Right to objection and erasure
You have the possibility to revoke your consent to the data processing at any time. In order to prevent the data processing by Vimeo, you have the possibility to log out of Vimeo before accessing our website and to delete all cookies from your browsing history. Further settings and inconsistencies to the use of data for advertising purposes are possible within the Vimeo profile settings or via the U.S. side or the EU site of Vimeo. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

7.Tracking and analytics
For the continuous improvement of our website we use the following tracking and analytics tools. Below you can find information on which personal data is processed in each case and how you can reach the respective service providers:

7.1 Google Analytics
7.1.1 Description and scope of data processing
Our website uses Google Analytics. This is a service for analyzing access to websites of Google Inc. (“Google”) and allows us to improve our website. Data processing for the European Economic Area and for Switzerland is carried out by: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Note on data processing in the USA: By agreeing to the services of Google Analytics, you agree in accordance with Art. 6 para. 1 s. 1 lit. a) GDPR that your data will be processed in the USA. The ECJ considers that the data protection standard in the US is insufficient and that there is a risk that your data will be processed by the US authorities for control and monitoring purposes, possibly without any redress. If you only agree to set essential cookies, the transmission will not take place. Consent given may be revoked at any time.

The information collected by this cookie are:

  • IP address
  • Access time
  • Access Duration

The information is transmitted to a Google server in the USA and stored there. The evaluation of your activities on our website is transmitted to us in the form of reports. Google may pass on the collected information to third parties, if required by law or if third parties process this data on behalf of Google. The Google tracking codes of our Internet offer use the function “_anonymizeIp ()”, thus IP addresses are processed only shortened, in order to exclude a possible direct personal link to you. Under https://www.google.de/intl/de/policies/ as well as under http://www.google.com/analytics/terms/de.html you can find out more about the terms of use and privacy policy of Google Analytics.

7.1.2 Legal basis of data processing
The legal basis for data processing is your consent, Art. 6 para 1 s. 1 lit. a) GDPR.

7.1.3 Purpose of data processing
By processing the data, we can analyze how our website is used, so we can improve it for our users.

7.1.4 Duration of storage
The data will be deleted after 14/26/38/50 months or will be deleted 14 months after your website visit.

7.1.5 Right to objection and erasure
You have the possibility to revoke your consent. You can prevent the installation of cookies by Google Analytics in your browser settings. In this case, however, it may happen that you cannot fully use all features of our website. Also, trough browsers extensions e.g. http://tools.google.com/dlpage/gaoptout?hl=de Google Analytics can be disabled and controlled.

8.Service providers from third countries

In order to be able to provide our services, we use the support of service providers from third party countries (non-EU countries). In order to ensure the protection of your personal data in this case, we conclude processing contracts with each – carefully selected – service provider. All of our processors provide sufficient guarantees to implement appropriate technical and organizational measures. Our third country data processors are either located in a country with an adequate level of data protection (Art. 45 GDPR) or provide appropriate safeguards (Art 46 GDPR). Adequate level of protection: The provider comes from a country whose level of data protection has been recognized by the EU Commission. For more information, see: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en

EU standard contract clauses: Our provider has submitted to the EU standard contractual clauses to ensure secure data transfer. For more information, see: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:039:0005:0018:DE:PDF Binding Corporate Rules: Article 47 of the GDPR provides the possibility of ensuring data protection when transferring data to a third country via Binding Corporate Rules. These are examined and approved by the data security authorities within the framework of the consistency mechanism pursuant to Art. 63 GDPR. Consent: In addition, a data transfer to a third country without an adequate level of protection will only take place if you have given us your consent in accordance with Art. 49 para.1 s. 1 lit. a) GDPR for this purpose.

9.Your rights

You have the following rights with respect to the personal data concerning you:

9.1 Right to withdraw a given consent (Art. 7 GDPR)
If you have given your consent to the processing of your data, you can withdraw it at any time. This will affect the admissibility of processing your personal data by us for the time after you have withdrawn your consent. To withdraw your consent, contact us personally or in written form.

9.2 Right of access (Art. 15 GDPR)
You have the right to obtain from us confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to your personal data and the following information:

  • the purpose of processing;
  • the categories of personal data concerned;
  • the recipients or the categories of recipient to whom your personal data have been or will be disclosed, in particular recipients in countries outside of the EU or international organisations;
  • where possible, the envisaged period for which your personal data will be stored, or, if not possible, the criteria used to determine that period;
  • all available information on the source of your personal data;
  • the existence of automated decision-making, including profiling, referred to Art. 22 para. 1 and 4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.

In the case of such a request, you must provide enough information about your identity to proof that the request concerns your own personal data.

9.3 Right to rectification and erasure (Art. 16, 17 GDPR)
You have the right to obtain from us without undue delay the rectification and completion of inaccurate personal data concerning yourself. You may also request the erasure of your personal data if any of the following applies to you:

  • the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
  • you withdraw consent on which the processing is based according to Art. 6 para. 1 s.1 lit. a) or Art. 9 para. 2 lit. a) GDPR, and where there is no other legal ground of processing;
  • you object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the you object to the processing pursuant to Art. 21 para. 2 GDPR;
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
  • the personal data have been collected in relation to the offer of information society services referred to in Art. 8 para. 1.

Where we made the personal data public and are obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, we, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

These rights shall not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health in accordance of Art. 9 para. 2 lit. h) and i) as well as Art. 9 para. 3 GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 GDPR, in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
  • for the establishment, exercise or defence of legal claims.

9.4 Right to restriction of processing (Art. 18 GDPR)
You shall have the right to obtain from us restriction of processing where one of the following applies:

  • the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
  • the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  • we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
  • you have objected to processing pursuant to Art. 21 para. 1 GDPR pending the verification whether our legitimate grounds override yours.

Where processing has been restricted under the aforementioned conditions, such personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

If the limitation of the processing is restricted, you will be informed by us before the restriction is lifted.

9.5. Right to information (Art. 19 GDPR)
If you have asserted us your right to rectification, erasure or restriction of data processing, we will inform all recipients of your personal data to correct, delete or restrict the processing of data, unless this proves impossible or involves disproportionate effort.

You also have the right to know which recipients have received your personal data.

9.6 Right to data portability (Art. 20 GDPR)
You have the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format. Also, you have the right to transmit those data to another controller, where

  • the processing is based on consent pursuant of Art. 6 para. 1 s.1 lit. a) GDPR or of Art. 9 para. 2 lit. a) GDPR or is based on a contract pursuant of Art. 6 para. 1 s. 1 lit. b) DS-GVO; and
  • the processing is carried out by automated means.

In exercising your right to data portability, you have the right to obtain that personal data transmitted directly from us to another controller, as far as technically feasible. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority that has been delegated to us.

9.7 Right to object (Art. 21 GDPR)
Where we based the processing of your personal data on a legitimate interest (Art. 6 para. 1 s. 1 lit. f) GDPR), you may object to the processing. The same applies if the data processing is based on Art. 6 para. 1 s. 1 lit. e). In this case, we ask you to explain the reasons why we should not process your personal data. Based on this we will terminate or adapt the data processing or show you our legitimate reasons why we continue the data processing.

9.8 Right to lodge a complaint with supervisory authority (Art. 77 GDPR)
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the infringes of the GDPR.

The supervisory authority to which the complaint has been submitted shall inform you of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.

10.How you perceive these rights

To exercise these rights, please contact us using the contact details above.

11.Subject to change

We reserve the right to change this privacy policy in compliance with legal requirements.

January 2021

 

 

Data privacy statement regarding our social media appearances

I.   Responsible persons with regard to joint control in social media

 

Gedankenfabrik GbR

Address:                  Axel-Springer-Platz 3, 22355 Hamburg

E-Mail:                      info@gedankenfabrik.de

is maintaining appearances in the following social media:

Therefore, we use the services of:

  • LinkedIn Ireland, Wilton Plaza, Wilton Place, Dublin 2, Ireland and LinkedIn Corportion, 1000 W. Maude Ave., Sunnyvale, California 94085, USA (“LinkedIn”)
  • YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA (“YouTube”), Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”)
  • Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA (“Vimeo”)
  • New Work SE, Dammtorstraße 30, 20354 Hamburg, Deutschland („XING“)

Pursuant to judgement of the European Court of Justice the operators of social media sites and the operators of social media services act as joint controllers. (http://curia.europa.eu/juris/document/document.jsf?text=&docid=202543&pageIndex=0&doclang=DE&mode=req&dir=&occ=first&part=1&cid=298398)

We would like to point out that you use our social media appearances and its functions in your own authority. This applies especially to the use of interactive features such as commenting on posts, sharing of posts and rating posts. In case you do not want to use social media to inform yourself about our company you may also find the information published on our website.

The data privacy officer of LinkedIn can be reached via the following contact link: https://www.linkedin.com/help/linkedin/ask/TSO-DPO

The data privacy officer of Google (YouTube) can be reached via the following contact form: https://support.google.com/policies/troubleshooter/7575787?hl=de

The data privacy officer of Vimeo can be reached via e-mail-address: Privacy@vimeo.com

II.  Data processing in social media with regard to the operators of social media

When visiting our social media appearances, the social media operators may collect personal data, such as your IP address and further information gathered using cookies. Personal data will be used to provide us with statistical feedback about the use of our social media appearance. The collected personal data will be processed by the social media operator and may be transferred to countries outside the European Union. The information the operator of the respective social network receives and how it is used is described in the privacy statements of each social network. You can also find their contact information there.

Further information can be found under the following links:

LinkedIn:       https://www.linkedin.com/legal/privacy-policy

Google and YouTube:       https://www.google.de/intl/de/policies/privacy/

Vimeo:     Data security on Vimeo

As it is not conclusively and clearly stated by the social media operators, it is unknown to us in what way the social media operators use data, gathered from visits to our social media site, for their own purposes, to what extent activities on the social media site are attributed to individual users, how long the operators store this data and whether data from the social media sites is shared with third parties.

When visiting our social media appearances, the IP address of your device will be disclosed to the operator of the social network. Social media networks additionally store information on their user’s devices so that they might be able to match IP addresses to individuals.

If you are currently logged in to the respective social network as a user, you will find a cookie with your individual identifier in this social network on your device. This will allow you to understand that you visited a page and how you used it. Based on this data content or advertising can be tailored to suit you.

If you want to avoid this, you should log out of the respective social network or deactivate the function “stay logged in”, delete the existing cookies on your device and stop and restart your browser. In this way, login information which you can be immediately identified by, will be deleted.  This allows you to use our social media appearances without revealing your identifier. When you access interactive features of our social media appearance (like, comment, share, news, etc.), a login screen will appear. After logging in, you will be again recognizable as a specific user / user for the used social network.

For information on how to manage or delete existing information within the social media network, refer to the support pages listed above for each social network.

III. Gedankenfabrik’s data processing with regard to its social media appearances
1. Type and scope of data processing

We may process the information you provide to us via our social media appearances, including your username and content posted through your account, to react to your messages. In addition, your published posts, reviews and comments refer to your account in the respective social network.  If you mention us using “@”, “#“ or other, this mention may be published in our social media appearance with regard to your user name. In this way data you published in a social media network may be included in our social media appearance in this network and thusly be accessible to other users of the respective social network. If you “like”, “follow” our social media appearance or interact with it in a similar way, we will be notified by the respective social media network with your username and link to your account. We additionally do not collect and process and process the following data based on your interaction with our social media appearance.

2. Legal basis of data processing

The legal basis for data processing is Art. 6 para. 1 s. 1 lit. f) GDPR. Our legitimate interests are to provide information about our company and to keep in contact with our customers and prospective customers.

3. Purpose of data processing

We process personal data provided by you in this context exclusively for the purpose of customer communication and prospective customer communication. Our legitimate interest is to offer a platform where we can provide you with up-to-date information about our company and are able to quickly respond to your requests.

 4. Duration of storage

Your data will be stored in accordance to the storage periods of the respective social media network and will be deleted whenever possible when cancelling a social media appearance.

IV.  Your rights

You have the following rights with respect to the personal data concerning you:

1. Right to withdraw a given consent (Art. 7 GDPR)

If you have given your consent to the processing of your data, you can withdraw it at any time. This will affect the admissibility of processing your personal data by the controller for the time after you have withdrawn your consent. To withdraw your consent, contact the controller personally or in written form.

2. Right of access (Art. 15 GDPR)

You have the right to obtain from the controller confirmation as to whether or not personal data concerning you are being processed by it, and, where that is the case, access to your personal data and the following information:

  • the purpose of processing;
  • the categories of personal data concerned;
  • the recipients or the categories of recipient to whom your personal data have been or will be disclosed, in particular recipients in countries outside of the EU or international organisations;
  • where possible, the envisaged period for which your personal data will be stored, or, if not possible, the criteria used to determine that period;
  • all available information on the source of your personal data;
  • the existence of automated decision-making, including profiling, referred to Art. 22 Para. 1 and 4 GDPR and, in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.
  • In the case of such a request, you must provide enough information about your identity to proof that the request concerns your own personal data.
 6. Right to rectification and erasure (Art. 16, 17 GDPR)

You have the right to obtain from the controller without undue delay the rectification and completion of inaccurate personal data concerning yourself.

You may also request the deletion of your personal data if any of the following applies to you:

  • the personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed;
  • you withdraw consent on which the processing is based according to Art. 6 Para. 1 s.1 lit. a) or Art. 9 Para. 2 lit. a) GDPR, and where there is no other legal ground of processing;
  • you object to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the you object to the processing pursuant to Art. 21 Para. 2 GDPR;
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject;
  • the personal data have been collected in relation to the offer of information society services referred to in Art. 8 Para. 1.
  • Where the personal data has been made public and the controller is obliged to erase the personal data pursuant to Art. 17 Para. 1 GDPR, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

These rights shall not apply to the extent that processing is necessary:

  • for exercising the right of freedom of expression and information;
  • for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • for reasons of public interest in the area of public health in accordance of Art. 9 Para. 2 lit. h) and i) as well as Para. 9 Para. 3 GDPR;
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 Para. 1 GDPR, in so far as the right referred to above is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
  • for the establishment, exercise or defence of legal claims.
 7. Right to restriction of processing (Art. 18 GDPR)

You shall have the right to obtain from the controller restriction of processing where one of the following applies:

  • the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
  • the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
  • you have objected to processing pursuant to Art. 21 Para. 1 GDPR pending the verification whether the legitimate grounds of the controller override yours.
  • Where processing has been restricted under the aforementioned conditions, such personal data shall, except for storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
  • If the limitation of the processing is restricted, you will be informed by the controller before the restriction is lifted.
 8. Right to information (Art. 19 GDPR)

If you have asserted the controller your right to rectification, deletion or restriction of data processing, the controller will inform all recipients of your personal data to correct, delete or restrict the processing of data, unless this proves impossible or involves disproportionate effort.

You also have the right to know which recipients have received your personal data.

  9. Right to data portability (Art. 20 GDPR)

You have the right to receive your personal data, which you provided to a controller, in a structured, commonly used and machine-readable format. Also, you have the right to transmit those data to another controller, where

  • the processing is based on consent pursuant of Art. 6 Para. 1 S.1 lit. a) GDPR or of Art. 9 Para. 2 lit. a) GDPR or is based on a contract pursuant of Art. 6 Para. 1 S. 1 lit. b) DS-GVO; and
  • the processing is carried out by automated means.

In exercising your right to data portability, you have the right to obtain that personal data transmitted directly from one controller to another controller, as far as technically feasible. The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority that has been delegated to the controller.

 10. Right to object (Art. 21 GDPR)

Where the controller based the processing of your personal data on a legitimate interest (Art. 6 Para. 1 S. 1 lit. f) GDPR), you may object to the processing. The same applies if the data processing is based on Art. 6 Para. 1 S. 1 lit. e).

In this case, please explain the reasons why the controller should not process your personal data. Based on this the controller will terminate or adapt the data processing or show you our legitimate reasons why the controller continues the data processing.

11. Right to lodge a complaint with supervisory authority (Art. 77 GDPR)

Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the infringes of the GDPR. The supervisory authority to which the complaint has been submitted shall inform you of the status and results of the complaint, including the possibility of a judicial remedy according to Article 78 GDPR.

12. How to exercise these rights

To exercise these rights, please contact the responsible data security officer whose contact details you can find under point 2.

If you have any questions about us, you can reach us under the contact details listed under point 1.

Further information on social media networks and how you can protect your data can also be found at: https://youngdata.de.

V.  Subject to Change

We reserve the right to change this privacy policy in compliance with legal requirements.

January 2021