Data Protection Policy
Responsible in terms of data protection laws is:
Ben Elers
Berliner Straße 54
10713 Berlin
Germany
info@unconscious-innovation.com
Imprint: https://unconscious-innovation.com/imprint
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We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
The legal basis of data protection can be found in the EU General Data Protection Regulation (EU-DSGVO) or in the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
From our side, as far as personal data (for example name, address or E-Mail addresses) is concerned, this takes place, as far as possible, always on a voluntary basis. These data will not be disclosed to third parties without your explicit consent.
Please note that data transmission over the Internet (for example, when communicating via e-mail) may have security vulnerabilities. Complete protection of the data from access by third parties is not possible.
Change of our privacy policy
We reserve the right to change this Privacy Policy from time to time to ensure that it complies with current legal requirements or to implement changes to our services in the Privacy Policy, such as, for example, when introducing new services. Any future visit will be subject to the new Privacy Policy.
Data erasure and storage duration
The personal data of the data subject will be deleted as soon as the purpose of the storage is completed. It may also be stored if provided for by European or national laws or regulations to which the controller is subject. A blocking or deletion of the data takes place even if a storage period prescribed by the mentioned regulations expires, unless there is a need for further storage of the data for a conclusion of contract or a fulfillment of the contract.
Your rights
You have a right to free information about the personal data stored by us as well as a right to correction, restriction of processing or deletion of this data. You also have the right to data portability. Finally, you also have the right to complain to us about the processing of your personal information by us to the German Data Protection Inspectorate.
We would also like to point out that the future processing of your personal data in accordance with the statutory requirements Article 21 DSGVO can be appealed against at any time. The objection may in particular be made against processing for direct marketing purposes.
Providing information
For questions regarding the collection, processing or use of your personal data, for information, for the correction, blocking or deletion of data as well as for the revocation of any given consent or to object to a particular use of data, please use the following e-mail address: ben@benelers.com
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This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the related websites, functions and content and, if applicable, external online presence, such as the Internet. Social Media Profiles (collectively referred to as “Online Services”). With regard to the terminology used, e.g. “Processing” or “Responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Safety measures.
– Reach Measurement/ Marketing.
Used terms
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g., cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
“Processing” means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term is broad and includes virtually every handling of data.
“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data is not assigned to an identified or identifiable natural person.
“Profiling” means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personality, to analyze or predict preferences, interests, reliability, behavior, whereabouts or location of that natural person.
“Responsible person” means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.
“Processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Article 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Article 7 DSGVO. The legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Article 6 (1) lit. b DSGVO. The legal basis for processing in order to fulfill our legal obligations is Article 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 para. 1 lit. d DSGVO is the legal basis.
Types of processed data:
– Inventory data (e.g., names, addresses).
– contact information (e.g., e-mail, phone numbers).
– content data (e.g., text input, photographs, videos).
– usage data (e.g., websites visited, interest in content, access times).
– Meta/ communication data (e.g., device information, IP addresses).
Protocol data
The automatic collection and storage of protocol data by the provider of the Internet services (providers) takes place, because the processing of this data is technically necessary to show you our website and to ensure the stability and security. The log data includes the following information:
- Date and time of each request
- Internet address (URL) requested
- URL that the visitor visited immediately before
- Browser used and language
- Operating system used and its interface
- IP address (anonymized) and host name of the visitor
- Access status / http status code
Transferred amount of data
The transmission of this data to us is automatic and can not be assigned to your person. The legal basis for the processing of this data is our legitimate interest in accordance with Article 6 para. 1 sentence 1 lit. f DSGVO, because these data processes are necessary for the operation and the display of the website. The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data throughthe website, this is the case when the respective session is completed. The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.
Cookies
In order to make the visit to our website attractive and to enable the use of certain functions, we use so-called cookies. These are small text files that are stored on your device and that store certain information for exchange with our system. The legal basis for the processing of this data is Article 6 (1) sentence 1 lit. f DSGVO. Some of the cookies we use are deleted after the end of the browser session, i.e., after the browser has been closed (transient cookies). These include in particular session or session cookies. These store a unique identifier (session ID). This session ID allows different requests from your browser to be associated with a single session. This will allow your device to be recognized when returning to our website during a session. Session cookies are already deleted when you log out.
Other cookies remain on your device for a specified period of time and allow us to recognize your browser or device at the next visit (persistent cookies).
Please note that certain cookies are already set as soon as you enter our website. You can set your browser so that you can be informed about the setting of cookies and individually decide on their acceptance or exclude the acceptance of cookies for certain cases, especially third party cookies (Third Party Cookies) or in general. If you do not accept cookies, the functionality of our website may be restricted for you.
Configuration of the cookie settings in the browser
You have the option to prevent the storage of cookies on your computer by appropriate browser settings. Each browser differs in the way it manages the cookie settings. This is described in the Help menu of each browser, which explains how to change your cookie settings.
Safety measures
We take appropriate technical measures in accordance with Article 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 DSGVO).
Encryption by SSL
For security reasons, our website uses SSL (Secure Sockets Layer) encryption. This protects transmitted data and can not be read by third parties. You can tell from a successful encryption that the protocol name changes from “http: //” to “https: //” in the status bar of the browser and that a closed lock icon is visible there.
Collaboration with processors and third parties
If, in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (e.g., if a transmission of the data to third parties, as required by payment service providers, pursuant to Article. 6 (1) (b) GDPR to fulfill the contract), you have consented to a legal obligation or based on our legitimate interests (e.g., the use of agents, webhosters, etc.).
If we commission third parties to process data on the basis of a so-called “contract processing contract”, this is done on the basis of Article 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Article 44 et seq. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (e.g., for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Article 15 GDPR.
In accordance with Article 16 DSGVO, you have the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Article 17 GDPR, youhave the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Article 20 GDPR and request their transmission to other persons responsible.
You have in accordance with Article 77 DSGVO the right to file a complaint with the competent supervisory authority.
Withdrawal
You have the right to grant consent in accordance with Article 7 para. 3 DSGVO with effect for the future
Right to object
You can object to the future processing of your data in accordance with Article 21 GDPR at any time. The objection may in particular be made against processing for direct marketing purposes.
Deletion of data
The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. In case the data is not deleted because it is required for other and legitimate purposes, its processing will be restricted. The data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).
According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
Business-related processing
In addition, we process
– contract data (e.g., subject, term, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Contractual services
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (uniformly referred to as “contractual partners”) in accordance with Article 6 para. 1 lit. b. DSGVO in order to provide you with our contractual or pre-contractual services. The data processed, the nature, scope and purpose and necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g., names and addresses), contact data (e.g., e-mail addresses and telephone numbers) as well as contract data (e.g.,, services used, contract contents, contractual communication, names of contact persons) and payment data (e.g., Bank details, payment history).
In principle, we do not process special categories of personal data, unless they are part of a contracted or contractual processing.
We process data which are necessary for the establishment and fulfillment of the contractual services and point out their necessity, if this is not evident for the contractual partners. Disclosure to external persons or companies will only be made if required by a contract. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as the legal requirements.
As part of the use of our online services, we can save the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the interests of the user in the protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is to pursue our claims according to Article 6 para. 1 lit. f. DSGVO required or there is a legal obligation in accordance with Article 6 para. 1 lit. c. DSGVO.
The data will be deleted if the data is no longer required for the fulfillment of contractual or statutory duties of care and for the handling of any warranty and comparable obligations, whereby the necessity of keeping the data is reviewed every three years; otherwise the statutory storage obligations apply.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks and organization of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Article 6 para. 1 lit. c. DSGVO, Article 6 para. 1 lit. f. DSGVO. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.
We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g., for later contact. We generally store this majority of company-related data permanently.
Contact
When contacting us (for example, by contact form, e-mail, telephone or via social media) the information of the user to process the contact request and its processing in accordance with Article 6 para. 1 lit. b. (in the context of contractual / pre-contractual relationships), Article 6 para. 1 lit. f. (other requests) DSGVO processed. User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.
We delete the requests, if they are no longer required. We check the necessity of continued storage every two years. Furthermore, the legal archiving obligations apply.
Online presence in social media
We maintain online presence within social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. Currently these are Facebook and Instagram.
We point out that data of the users outside the area of the European Union can be processed. This may result in risks for the users because e.g., enforcement of user rights could be made more difficult. With respect to US providers certified under the Privacy Shield, we point out that they are committed to respecting EU privacy standards.
Furthermore, the data of the users are usually processed for market research and advertising purposes. Thus, for example, user profiles are created from the user behavior and the resulting interests of the users. The usage profiles can in turn be used, for example, toplace advertisements inside and outside the platforms that are apparentlyin line with users’ interests. For these purposes, cookies are usually stored on the computers of the users, in which the user behavior and the interests of the users are stored. Furthermore, in the usage profiles, data can also be stored independently of the devices used by the users (in particular if the users are members of the respective platforms and logged in to them).
The processing of the personal data of users is based on our legitimate interests in an effective information of users and communication with users in accordance with Article 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers for consent to the data processing (that is, they declare their agreement, for example, by ticking a check box or confirming a button), the legal basis of the processing is Article 6 para. a., Article 7 GDPR.
For a detailed description of the respective processing and the possibilities of contradiction (opt-out), we refer to the following linked information of the provider.
Also in the case of requests for information and the assertion of user rights, we point out that these can be claimed most effectively from the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, then you can contact us.
– Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland) – Privacy Policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads und http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
– Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Privacy Policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
– Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Policy/ Opt-Out: https://help.instagram.com/519522125107875
– LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland) – Privacy Policy: https://www.linkedin.com/legal/privacy-policy , Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.
– Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Deutschland) – Privacy Policy/ Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Google, on behalf of the operator of this website, will use this information to evaluate your use of the website, to compile reports and statistics on website activity, and to provide other services related to website usage and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by a corresponding setting of your browser software; however, we point out that in this case you may not be able to use all features of this website completely. You may also prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by using the browser plug-in available under the following link; download and install: http://tools.google.com/dlpage/gaoptout?hl=de.
This website uses Google Analytics with the extension “_anonymizeIp ()”. As a result, IP addresses are processed shortened, a personal reference to it according to Google is thus almost impossible. Insofar as the data collected about you has a personal reference, it should therefore be immediately excluded and the personal data thus deleted immediately.
We use Google Analytics to analyze and regularly improve the use of our website. With the statistics we can improve our offer and make it more interesting for you as a user. Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
In order to protect your personal data, we have concluded a contract processing contract in accordance with Article 28 GDPR with Google.
More information about Google can be found here:
Terms of Use: https://marketingplatform.google.com/about/analytics/terms/gb/
Privacy Policy: http://www.google.com/intl/de/analytics/learn/privacy.html, http://www.google.de/intl/de/policies/privacy.
Parts of the privacy policy have been compiled by Datenschutzgenerator.de by RA Dr. med. Thomas Schwenke
Source reference: https://datenschutz-generator.de/