Privacy policy of adbility media GmbH

Responsible

adbility media GmbH
Stahltwiete 21a
22761 Hamburg

P: +49 (0) 40 228698310
F: +49 (0) 40 228698319
E: info@adbility-media.com
www.adbility-media.com

Represented by the managing director: Florian Tkatsch.

Data protection officer

Rechtsanwalt Jens Thurn,
Hohe Bleichen 8,
20354 Hamburg,

P: +49 (0) 40 228661820,
F: +49 (0) 40 228661822,
E: datenschutz@thurn-legal.de
http://www.thurn-legal.de

Status: May 2020

With our technologies, we support our customers in offering Internet users a wide range of services. In doing so, we may collect information about your end device (a computer, mobile phone or other device that you use to access a website), e.g. the operating system and browser on the basis of Art. 6 para. 1 lit. f DSGVO. However, in all our actions we take into account the interests of Internet users and data protection.

With this data protection declaration, we inform you about how, to what extent and for what purposes we process personal data when using our digital advertising and website (together “online offer”).

1. Basic information on data processing and legal bases

1.1 This data protection declaration informs you about the type, scope and purpose of processing personal data within our online offer. The data protection declaration applies regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) on which the online offer is executed.

1.2 The terms used, such as “personal data” or their “processing” refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).

1.3 The personal data of the users processed within the scope of this online offer includes inventory data (e.g. names and addresses of customers), contract data (e.g. services used, names of clerks, payment information), usage data (e.g. the web pages of our online offer visited, interest in our products) and content data (e.g. entries in the contact form).

1.4 The term “user” covers all categories of data processing of data subjects. These include our business partners, customers, interested parties and other visitors to our online offer. The terms used, such as “user”, are to be understood in a gender-neutral way.

1.5 We process personal data of users only in compliance with the relevant data protection regulations. This means that the users’ data will only be processed if a legal permission has been granted. This means, in particular, if the data processing is necessary for the provision of our contractual services (e.g. processing of orders) and online services, or is required by law, the consent of the users is present, as well as on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation and security of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO, in particular in the measurement of reach, the creation of profiles for advertising and marketing purposes as well as the collection of access data and the use of third-party services.

1.6 We would like to point out that the legal basis of the consent is Art. 6 para. 1 lit. a. and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures is Art. 6 para. 1 lit. b. DSGVO, the legal basis for processing for the fulfilment of our legal obligations Art. 6 para. 1 lit. c. DSGVO, and the legal basis for processing to safeguard our legitimate interests Art. 6 para. 1 lit. f. DSGVO is.

2. Security measures

We take organisational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of the data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or access by unauthorised persons.

3. Transfer of data to third parties and third party providers

3.1 Data will only be passed on to third parties within the scope of the legal requirements. We will only pass on user data to third parties if this is necessary for contractual purposes, for example on the basis of Art. 6 Para. 1 lit. b) DSGVO or on the basis of justified interests in accordance with Art. 6 Para. 1 lit. f. DSGVO in the economic and effective operation of our business.

3.2 If we use subcontractors to provide our services, we shall take appropriate legal precautions as well as appropriate technical and organisational measures to ensure the protection of personal data in accordance with the relevant statutory provisions.

3.3 If, in the context of this privacy policy, content, tools or other means of other providers (hereinafter jointly referred to as “third party providers”) are used and their registered office is located in a third country, it must be assumed that a data transfer to the countries where the third party providers are located will take place. Third countries are countries in which the DSGVO is not a directly applicable law, i.e. generally countries outside the EU or the European Economic Area. Data is transferred to third countries either if there is an appropriate level of data protection, user consent or other legal permission.

4. Provision of contractual services

4.1 We process inventory data (e.g. names and addresses as well as contact data of users), contract data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit b. DSGVO.

4.2 In the context of the use of our online offer, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. This data will only be passed on to third parties if it is necessary to pursue our claims, if there is a legal obligation to do so in accordance with Art. 6 Para. 1 lit. c DSGVO or if it is necessary to protect our legitimate interests or those of a third party and if these interests outweigh the fundamental rights and freedoms of the person concerned.

4.3 We process usage data (e.g. the visited websites of our online offer, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile in order to show the user, for example, product information based on the services they have used so far.

5. Making contact

5.1 When contacting us (via contact form or e-mail), the user’s details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO.

5.2 The user’s details may be stored in our Customer Relationship Management System (“CRM System”) or comparable enquiry organisation.

6. Collection of access data and log files

6.1 On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f DSGVO, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited site), IP address and the requesting provider.

6.2 For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until the respective incident has been finally clarified.

7. Cookies & range measurement

7.1 Cookies are information that is transferred from our web server or web servers of third parties to the web browsers of the users and stored there for later retrieval. Cookies can be small files or other types of information storage.

7.2 Users will be informed about the use of cookies in the context of pseudonymous range measurement within the scope of this data protection declaration.

7.3 If the users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

7.4 You may opt-out of the use of cookies for audience measurement and advertising purposes by visiting the Network Advertising Initiative opt-out page ((http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

8. Data collection of other service providers of usage-based online advertising

In the context of the advertising playout, technologies of other providers may be used to collect usage data. You will find further information on data protection as well as on the offers of these providers and their technology on the websites of the companies mentioned. These include Xaxis (www.xaxis.com/privacy-notice/) and the groupm (www.groupm.com/privacy-notice/), which also provide an opt-out solution there.

9. Integration of services and contents with third parties

We point out that independent partners and other websites and services are accessible through our offers, which have their own data protection guidelines. We assume no responsibility or liability for these policies and procedures that are not related to us.

10. Integration of third-party services and content

10.1 Within our online offer, we set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Paragraph 1 lit. f. DSGVO) content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of these contents are aware of the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information on the browser and operating system, referring web pages, visiting time and other details on the use of our online offer, as well as being able to be linked to such information from other sources.

10.2 The following presentation offers an overview of third party providers and their contents, including links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, the possibility to object (so-called opt-out):

11. Rights of the data subject

If personal data are processed by you, you are the data subject within the meaning of the DSGVO and you are entitled to the following rights in relation to the person responsible:

11.1 Right to information
You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.
If such processing has taken place, you can request information from the data controller about the following:

(1) the purposes for which the personal data are processed
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the envisaged duration of the storage of the personal data concerning you or, if it is not possible to give specific details, criteria for determining the duration of storage;
(5) the existence of a right of rectification or erasure of personal data concerning you, a right to have the processing limited by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information as to the source of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling in accordance with Art. 22 (1) and (4) DPA and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.

You have the right to request information as to whether personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.

11.2 Right of rectification
You have the right to ask the data controller to correct and/or complete the data if the personal data processed concerning you is incorrect or incomplete. The data controller shall make the correction without delay.

11.3 Right to limit processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:

(1) if you dispute the accuracy of the personal data concerning you for a period of time which enables the person responsible to verify the accuracy of the personal data
(2) if the processing is unlawful and you object to the deletion of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of the processing, but you need the personal data for the purpose of asserting, exercising or defending legal claims; or
(4) if you have lodged an objection to the processing in accordance with Art. 21 para. 1 DPA and it has not yet been established whether the legitimate reasons given by the controller outweigh your reasons.

Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

11.4 Right of cancellation
a) Duty to delete
You may request the controller to delete personal data concerning you without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a FADP, and there is no other legal basis for the
(3) You lodge an objection to the processing pursuant to Art. 21(1) DPA and there are no legitimate grounds for processing that take precedence, or you lodge an objection to the processing pursuant to Art. 21(2) DPA.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data relating to you is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you have been collected in relation to information society services offered in accordance with Article 8(1) of the DPA.

b) Information to third parties
If the controller has made public the personal data concerning you and is obliged to delete them pursuant to Art. 17 para. 1 DPA, he shall take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as a data subject, have requested them to delete all links to these personal data or copies or replications of these personal data.

(c) Exceptions
The right of cancellation does not exist insofar as the processing is necessary

(1 ) on the exercise of the right to freedom of expression and information;
(2) to comply with a legal obligation requiring processing under Union or national law to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the field of public health pursuant to Article 9 (2) lit. h and i and Article 9 (3) DSGVO;
(4) for archival, scientific or historical research purposes in the public interest or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the right referred to in section a) is likely to render impossible or seriously prejudice the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.

11.5 Right to information
If you have asserted the right to rectify, erase or limit the processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification, erasure or limitation of processing, unless this proves impossible or involves a disproportionate effort.
You have the right vis-à-vis the controller to be informed of these recipients.

11.6 Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. You also have the right to have this data communicated to another person in charge without interference from the person in charge to whom the personal data has been communicated, provided that

(1) the processing is based on a consent pursuant to Art. 6 para. 1 letter a DSGVO or Art. 9 para. 2 letter a DSGVO or on a contract pursuant to Art. 6 para. 1 letter b DSGVO and
(2) the processing is carried out by means of automated procedures.

In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one responsible party to another, as far as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data transferability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

11.7 Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Article 6 paragraph 1 letter e or f FADP; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you, unless he can demonstrate compelling reasons for processing which are justified on grounds of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
If you object to processing for the purposes of direct marketing, the personal data concerning you will no longer be processed for those purposes.
You have the possibility to exercise your right of objection in relation to the use of information society services, without prejudice to Directive 2002/58/EC, by using automated procedures involving technical specifications.

11.8 Right to revoke the declaration of consent under data protection law
You have the right to revoke your data protection declaration of consent at any time. Revocation of your consent does not affect the legality of the processing that has taken place on the basis of your consent until revocation.

11.9 Automated case-by-case decision including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, that has legal effect on you or significantly affects you in a similar manner. This shall not apply if the decision

(1) is necessary for the conclusion or performance of a contract between you and the person responsible
(2) is authorised by Union law or the law of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests; or
(3) with your express consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DPA, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to safeguard the rights and freedoms and your legitimate interests, which shall include at least the right to obtain the intervention of a person from the data controller, to express his or her point of view and to challenge the decision.

11.10 Right to appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are resident, your place of work or the place of the alleged infringement, if you consider that the processing of personal data concerning you is in breach of the DPA.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 DSGVO.

12. Deletion of data

12.1 The data stored with us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the users’ data are not deleted because they are required for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax law reasons.

12.2 In accordance with legal requirements, the storage is for 6 years in accordance with § 257 Para. 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 Para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).

13. Right of objection

Users can object to the future processing of their personal data in accordance with the legal requirements at any time. The objection may in particular be made against processing for the purposes of direct advertising.

14. Changes to the privacy policy

14.1 We reserve the right to amend the Privacy Policy in order to adapt it to changes in the law, or in the event of changes to the Service and data processing. However, this only applies with regard to declarations on data processing. Insofar as the consent of the users is required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users.

14.2 The users are asked to inform themselves regularly about the content of the data protection declaration.