Responsible for the content of this website
amb-design
A. Baumann
Max-Brauer-Allee 269
22769 Hamburg
Mail info[at]amb-design.net
Privacy Policy
This privacy policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as „data“) within our online offerings and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (collectively referred to as the „online offering“). For the definitions of terms used, such as „processing“ or „controller,“ we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Types of processed data:
- Inventory data (e.g., names, addresses)
- Contact data (e.g., email addresses, phone numbers)
- Content data (e.g., text entries, photographs, videos)
- Usage data (e.g., visited websites, interest in content, access times)
- Meta/communication data (e.g., device information, IP addresses)
Categories of affected persons: Visitors and users of the online offering (hereinafter, we refer to the affected persons collectively as „users“).
Purpose of processing:
- Provision of the online offering, its functions, and content
- Responding to contact requests and communication with users
- Security measures
- Reach measurement/marketing
Used Terminology: „Personal data“ refers to all information relating to an identified or identifiable natural person (hereinafter „data subject“); a natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier (e.g., cookie), or to one or more specific characteristics that express the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
„Processing“ refers to any operation or set of operations performed on personal data, whether by automated means or not. This term is broad and covers practically every handling of data.
„Pseudonymization“ refers to the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is stored separately and subject to technical and organizational measures that ensure that the personal data is not assigned to an identified or identifiable natural person.
„Profiling“ refers to any type of automated processing of personal data that involves using personal data to evaluate certain personal aspects related to a natural person, in particular to analyze or predict aspects concerning their work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movement.
The „controller“ is the natural or legal person, authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data.
„Processor“ refers to a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller.
Applicable Legal Bases: In accordance with Art. 13 of the GDPR, we inform you about the legal bases of our data processing activities. If the legal basis is not mentioned in this privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 of the GDPR, the legal basis for processing to fulfill our services and contractual measures, as well as for responding to inquiries, is Art. 6 (1) (b) of the GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) of the GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 (1) (f) of the GDPR. In case vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) of the GDPR serves as the legal basis.
Security Measures: We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, in accordance with Art. 32 of the GDPR, taking into account the state of the art, the cost of implementation, the nature, scope, circumstances, and purposes of the processing, as well as the varying likelihood and severity of risks to the rights and freedoms of natural persons.
These measures include, in particular, securing the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access, input, transmission, ensuring availability, and separation of the data. Furthermore, we have procedures in place to ensure the exercise of data subject rights, data deletion, and response to data threats. Additionally, we consider data protection already during the development or selection of hardware, software, and procedures, in line with the principle of privacy by design and by default (Art. 25 of the GDPR).
Collaboration with Processors and Third Parties: If we disclose data to other persons and companies (processors or third parties), transmit it to them, or grant them access to the data, this only occurs on the basis of legal permission (e.g., if data transfer to third parties, such as payment service providers, is required for the performance of a contract pursuant to Art. 6 (1) (b) of the GDPR), if you have consented, if a legal obligation requires it, or based on our legitimate interests (e.g., when using contractors, web hosts, etc.).
If we commission third parties to process data on the basis of a „data processing agreement,“ this occurs on the basis of Art. 28 of the 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 if this occurs in the course of using services from third parties or disclosing/transmitting data to third parties, this only happens if necessary to fulfill our (pre)contractual obligations, based on your consent, a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we only process or allow processing in a third country if the specific conditions of Art. 44 et seq. of the GDPR are met. That is, the processing is based, for example, on special guarantees, such as the official recognition of an EU-equivalent level of data protection (e.g., for the USA, through the „Privacy Shield“) or the adherence to officially recognized special contractual obligations (so-called „standard contractual clauses“).
Rights of the Data Subjects: You have the right to request confirmation as to whether data concerning you is being processed and to obtain information about this data as well as additional information and a copy of the data in accordance with Art. 15 of the GDPR.
You have the right, in accordance with Art. 16 of the GDPR, to request the completion of your personal data or the correction of incorrect data.
In accordance with Art. 17 of the GDPR, you have the right to request the immediate deletion of your personal data, or alternatively, in accordance with Art. 18 of the GDPR, to request the restriction of processing.
You have the right to request that the personal data you have provided to us be transferred in accordance with Art. 20 of the GDPR and to request its transmission to other controllers.
Furthermore, under Art. 77 of the GDPR, you have the right to lodge a complaint with the competent supervisory authority.
Right of Withdrawal You have the right to revoke any given consent in accordance with Art. 7 (3) GDPR with effect for the future.
Right to Object You may object to the future processing of your personal data under the conditions set out in Art. 21 GDPR at any time. The objection may, in particular, be made against the processing for the purposes of direct advertising.
Cookies and the Right to Object to Direct Marketing „Cookies“ are small files that are stored on users‘ computers. Within these cookies, various information may be stored. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after their visit to an online service. „Temporary cookies,“ or „session cookies“ or „transient cookies,“ are those that are deleted after a user leaves an online service and closes their browser. For example, a cookie may store the contents of a shopping cart in an online shop or a login status. „Permanent“ or „persistent“ cookies are those that remain stored even after the browser is closed. For example, a login status may be saved when users visit after several days. Similarly, such a cookie can store user interests, which may be used for reach measurement or marketing purposes. „Third-party cookies“ are those offered by providers other than the responsible entity running the online service (otherwise, if it’s just their own cookies, they are called „first-party cookies“).
We may use both temporary and permanent cookies and inform you about their use in this privacy policy.
If users do not wish to have cookies stored on their computer, they are asked to disable the relevant option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies may result in restrictions on the functionality of this online service.
A general objection to the use of cookies for online marketing purposes can be made for many services, particularly in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, cookies can be blocked by turning them off in the browser settings. Please note that in such cases, some features of this online service may no longer be usable.
Deletion of Data The data we process will be deleted or its processing restricted according to Art. 17 and 18 GDPR. Unless explicitly stated otherwise in this privacy policy, data stored with us will be deleted as soon as they are no longer required for their intended purpose, and there are no legal retention obligations preventing their deletion. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. That is, the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
Under German law, retention occurs in particular for 10 years according to §§ 147 (1) AO, 257 (1) Nos. 1 and 4, (4) HGB (books, records, management reports, booking receipts, trade books, tax-relevant documents, etc.) and for 6 years according to § 257 (1) No. 2 and 3, (4) HGB (business correspondence).
Under Austrian law, retention occurs for 7 years according to § 132 (1) BAO (accounting documents, receipts/invoices, accounts, documents, business papers, listing of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents related to electronically provided services, telecommunications, broadcasting, and television services provided to non-business customers in EU member states where the Mini One-Stop-Shop (MOSS) is used.
Business-Related Processing Additionally, we process:
- Contract data (e.g., contract subject, duration, customer category).
- Payment data (e.g., bank details, payment history) for our customers, prospects, and business partners for the purpose of providing contractual services, customer service, marketing, advertising, and market research.
Agency Services We process customer data within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, campaign execution and handling, server administration, data analysis/consulting services, and training services.
We process inventory data (e.g., customer master data such as names or addresses), contact data (e.g., email, phone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., contract subject, duration), payment data (e.g., bank details, payment history), usage and metadata (e.g., within the scope of evaluating and measuring the success of marketing activities). We do not generally process special categories of personal data unless they are part of a commissioned processing. Affected individuals include our customers, prospects, as well as their customers, users, website visitors, or employees, as well as third parties. The purpose of processing is to provide contractual services, billing, and customer service. The legal basis for processing is Art. 6 (1) lit. b GDPR (contractual services), Art. 6 (1) lit. f GDPR (analysis, statistics, optimization, security measures). We process data necessary for the establishment and fulfillment of contractual services and point out the necessity of providing them. Disclosure to third parties only occurs if necessary within the scope of a contract.
We delete data after the expiration of statutory warranty and comparable obligations. The necessity of retaining data is reviewed every three years; in the case of legal archiving obligations, deletion occurs after the retention period (6 years, according to § 257 (1) HGB, 10 years, according to § 147 (1) AO). For data disclosed to us by the client within the scope of a contract, we delete the data according to the contract’s guidelines, generally after the end of the contract.
Administration, Financial Accounting, Office Organization, Contact Management We process data as part of administrative tasks and the organization of our business, financial accounting, and compliance with legal obligations such as archiving. We process the same data that we process as part of providing our contractual services. The legal basis for processing is Art. 6 (1) lit. c GDPR, Art. 6 (1) lit. f GDPR. Affected individuals include customers, prospects, business partners, and website visitors. The purpose of processing lies in administration, financial accounting, office organization, data archiving, i.e., tasks that maintain our business operations, perform our duties, and provide our services. The deletion of data regarding contractual services and communication corresponds to the details provided in these processing activities.
We disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors, as well as other fee-collecting authorities and payment service providers.
Additionally, based on our business interests, we store information about suppliers, event organizers, and other business partners, for the purpose of later contact. These predominantly company-related data are generally stored permanently.
Business Analysis and Market Research To operate our business economically, identify market trends, and the wishes of partners and users, we analyze the data we have regarding business transactions, contracts, inquiries, etc. We process inventory data, communication data, contract data, payment data, usage data, and metadata on the basis of Art. 6 (1) lit. f GDPR, with affected individuals including contract partners, prospects, customers, visitors, and users of our online service.
The analysis serves the purpose of business evaluations, marketing, and market research. We may consider the profiles of registered users with information, e.g., on their used services. The analysis helps us improve user-friendliness, optimize our offering, and enhance business efficiency. The analyses are for our use only and are not disclosed externally unless they are anonymous analyses with aggregated values.
If these analyses or profiles are personal, they will be deleted or anonymized with the termination of the user or two years after the conclusion of the contract. Otherwise, the overall business analyses and general trend determinations will be anonymized if possible.
Participation in Affiliate Partner Programs Within our online offer, we use tracking measures commonly used in the industry, based on our legitimate interests (i.e., interest in analyzing, optimizing, and operating our online service economically), according to Art. 6 (1) lit. f GDPR, as far as they are necessary for operating the affiliate system. We will inform users of the technical background.
The services offered by our contractual partners may also be advertised and linked on other websites (so-called affiliate links or after-buy systems, e.g., links or services from third parties offered after a contract is concluded). The operators of the respective websites receive a commission when users follow the affiliate links and subsequently accept the offers.
In summary, it is necessary for our online offer that we can track whether users, who are interested in affiliate links and/or the offers available to us, accept the offers after being directed from the affiliate links or our online platform. To do this, affiliate links and our offers are supplemented with specific values, which can be part of the link or set elsewhere, e.g., in a cookie. These values include, in particular, the referring website (referrer), time, an online identifier of the website operator where the affiliate link was located, an online identifier of the respective offer, an online identifier of the user, and tracking-specific values such as ad medium ID, partner ID, and categorization.
The online identifiers used by us for users are pseudonymous values. That is, the online identifiers do not contain personal data such as names or email addresses. They help us determine whether the same user who clicked on an affiliate link or showed interest in an offer later accepted the offer, e.g., concluding a contract with the provider. However, the online identifier is personal in that the partner company and we have the online identifier along with other user data. Only in this way can the partner company inform us if the user has accepted