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Data protection is of a particularly high priority for point of brands GmbH (hereinafter: provider).

It is generally possible to use the provider’s website without providing any personal data. However, if a data subject wishes to make use of special services offered by us via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to the provider. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

As the controller, the provider has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed via this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. DEFINITION OF TERMS

The data protection declaration of the provider is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

We use the following terms, among others, in this privacy policy:

1.1 Personal data Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.2 Data subject Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

1.3 Processing Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.4 Restriction of processing Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.

1.5 Profiling Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

1.6 Pseudonymization Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

1.7 Controller or controller responsible for the processing Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

1.8 Processor A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

1.9 Recipient A recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

1.10. Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

1.11. Consent Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. NAME AND ADDRESS OF THE DATA CONTROLLER

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is

pointofbrands GmbH
Borselstrasse 20
22765 Hamburg
Hamburg, Germany

 

E-mail: hi@pointofbrands.de
Website: www.pointofbrands.de

3. COOKIES

The provider’s Internet pages use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.

Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters that can be used to assign websites and servers to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID. Through the use of cookies, the provider can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized for the benefit of the user. As already mentioned, cookies enable us to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie for a shopping basket in an online store. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. COLLECTION OF GENERAL DATA AND INFORMATION

The provider’s website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.

When using this general data and information, the provider does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. This anonymously collected data and information is therefore evaluated by the provider both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. SUBSCRIPTION TO OUR NEWSLETTER

5.1 Unless otherwise agreed, any deadlines for the provision of services by the PROVIDER shall in any case not commence before the agreed remuneration has been paid in full by the CUSTOMER and all necessary acts of cooperation by the CUSTOMER have been provided in full.

5.2 If the CUSTOMER is in arrears with payments due, the PROVIDER reserves the right not to perform further services until the payments due have been settled.

5.3 The PROVIDER is entitled to terminate the contract for good cause in accordance with Section 626 (1) BGB and to discontinue all services. Good cause exists in particular if the CLIENT is in arrears with at least two installments due to the PROVIDER for an agreed installment payment. The PROVIDER is entitled to claim the entire remuneration that would be due by the next ordinary termination date as compensation. In this case, however, the PROVIDER must take into account the expenses that it saves or fails to acquire.

6. NEWSLETTER-TRACKING

The provider’s newsletters contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in emails sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, the provider can recognize whether and when an e-mail was opened by a data subject and which links in the e-mail were called up by the data subject. Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given in this regard via the double opt-in procedure. After revocation, this personal data will be deleted by the controller. The provider automatically regards a withdrawal from the receipt of the newsletter as a revocation.

7. ROUTINE DELETION AND BLOCKING OF PERSONAL DATA

The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or erased in accordance with the statutory provisions.

8. RIGHTS OF THE DATA SUBJECT

8.1 Right to confirmation

 

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

8.2 Right to information

 

Any person affected by the processing of personal data has the right, granted by the European legislator of directives and regulations, to obtain from the controller free information about the personal data stored about him or her and a copy of this information at any time. Furthermore, the European legislator has granted the data subject access to the following information:

– the purposes of processing

– the categories of personal data that are processed

– the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations

– where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period

– the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing

– the existence of the right to lodge a complaint with a supervisory authority

– if the personal data are not collected from the data subject: All available information about the origin of the data

– the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

 

8.3 Right to rectification

Any person affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

 

8.4 Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary

– The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.

– The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

– The data subject objects to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 (2) GDPR.

– The personal data has been processed unlawfully.

– The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

– The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

 

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the provider, he or she may, at any time, contact any employee of the controller. An employee of the provider shall promptly ensure that the erasure request is complied with immediately.

If the provider has made the personal data public and if our company is obliged to erase the personal data in accordance with Article 17(1) GDPR, the provider shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data, that the data subject has requested the erasure of all links to this personal data or of copies or replications of this personal data from these other data controllers, insofar as the processing is not necessary. An employees of the provider will arrange the necessary measures in individual cases.

 

8.5 Right to restriction of processing

Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to require the controller to restrict processing if one of the following conditions is met:
– The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

– The processing is unlawful and the data subject opposes the erasure of the personal data and requests 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 the data subject for the establishment, exercise or defense of legal claims.

– The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the provider, he or she may at any time contact any employee of the controller. The employee of the provider will arrange for the restriction of processing.

 

8.6 Right to data portability

Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

 

8.7 Right to object

Any person affected by the processing of personal data has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions. The provider shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

If the provider processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling insofar as it is associated with such direct advertising. If the data subject objects to the provider to the processing for direct marketing purposes, the provider will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the provider for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest. In order to exercise the right to object, the data subject may contact any employee of the provider or another employee directly. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

 

8.8 Automated decisions in individual cases, including profiling

Any person affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller or (2) is permissible on the basis of Union or Member State legislation to which the controller is subject and that such legislation contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject or (3) is taken with the express consent of the data subject.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the provider shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the controller.

8.9 Right to withdraw consent under data protection law

 

Any person affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.

If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.

9. SPECIAL DATA PROTECTION PROVISIONS

9.1 Data protection provisions about the application and use of Adobe Stock Photos

 

The controller has integrated components of Adobe Stock Photos on this website. Adobe Stock is a service that offers designers and companies access to millions of high-quality curated and royalty-free photos, videos, illustrations, vector graphics, 3D assets and templates for all their creative projects. Adobe Stock can be purchased as a multi-asset subscription. Adobe Stock allows the embedding of stock images using an embed code, e.g. text, video or image data provided by a third-party website.

The operating company is Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland. The IP address of the user is transmitted to Adobe Stock via the technical implementation of the embedding code. Adobe Stock also processes information about the website, the type of browser used, the browser language, the time and length of access. In addition, Adobe Stock may collect information about the use of the website (e.g. accessing subpages and clicking on links) and other interactions that users have carried out when visiting the website. “Adobe Stock” also processes users’ personal data in the USA and has submitted to the EU-US Privacy Shield.

When users register to use an Adobe website or application, create an Adobe ID or contact Adobe because they need support or want to find out about other offers, Adobe collects information to identify them. This includes, in particular, name, date of birth, company, e-mail address and country. In order to keep Adobe’s databases up to date and to provide users with relevant content and experiences, Adobe may combine information provided with data from third party sources in accordance with applicable law. For example, the size, industry and other information about the organization for which users work is determined from sources such as business networking sites and information service providers. Adobe may also collect and obtain information from third parties, including partners, and from publicly available sources to detect, prevent, or otherwise address fraud and security or technical issues and to prevent harm to the rights, property, or safety of Adobe and Adobe employees, Adobe users, children, or the public.

Adobe collects information about how users use Adobe applications and websites, including when users use a feature of a desktop application that connects online (such as a photo sync feature). Depending on the application or website, this information may be associated with the device or browser or an Adobe account.

Adobe shares users’ personal information with other third-party data controllers. The third parties with whom the information may be shared include: other Adobe business groups, Adobe’s resellers and other distribution and advertising partners, retailers, research organizations, advertisers, advertising agencies, advertising networks and platforms, information services, fraud monitoring and prevention service providers, publishers and non-profit organizations. Adobe shares personal information with companies, organizations or individuals outside of Adobe when Adobe believes in good faith that access, use, preservation or disclosure of the information is necessary to detect, prevent or otherwise address fraud, security or technical issues and to protect the rights, property or safety of Adobe, Adobe employees, Adobe users, children or the public as required by law.

Users’ personal information and files are stored on servers of Adobe and other companies that provide services to Adobe. Adobe processes the personal information primarily in the United States and in India. However, Adobe also transfers personal information to all other countries in the world where Adobe’s applications and other products or services are available. Adobe makes these transfers in compliance with applicable laws, for example, by entering into data transfer agreements to protect the personal information. If users reside outside of North America, Adobe Ireland is the contractual partner. If Adobe Ireland transfers your personal information to a country that is not in the EEA and is not subject to an adequacy decision by the EU Commission, Adobe relies on one or more of the following legal mechanisms: standard contractual clauses approved by the European Commission and/or your consent in certain circumstances. A copy of the relevant mechanism is available for inspection upon request.

In some jurisdictions, users may have the right by law to ask Adobe to provide a copy of the personal information, to correct or delete personal information or to restrict (stop) any (active) processing of personal information, or to transmit the personal information that users have provided to Adobe for a contract or with their consent in a structured, machine-readable format and to transfer (port) this data to another data controller. In addition, under certain circumstances, users may object to the processing of their personal information (e.g. if Adobe uses the data for direct marketing). These rights may be limited, for example, if fulfilling the request would reveal personal information of another person or if users ask Adobe to delete information that Adobe is required by law to keep or that is needed to defend against claims against Adobe. To exercise any of these rights (including deactivating your Adobe ID account), users may contact Adobe directly or Adobe’s Data Protection Officer.

When users register for an account and create an Adobe ID, Adobe processes and retains most of the personal information that Adobe holds about users for as long as users are active users of Adobe products, services or applications. When users close the account, Adobe will begin deleting certain personal information that it no longer has a business reason to retain, such as the hashed password or tokenized payment account information. However, Adobe typically retains personal information related to Adobe’s contract and business transactions with users for a period of ten years after the last interaction with Adobe. The applicable data protection provisions can be found at https://www.adobe.com/de/privacy/policy.html.

9.2 Data protection provisions about the application and use of Calendly

 

On this website, the controller has integrated components of Calendly. Calendly is a subscription-based scheduling software in the form of an online calendar that allows meetings to be scheduled simply, quickly and easily. Calendly works with personal calendars and customizes schedules based on availability settings and time zone recognition. Calendly is designed to save time, control schedules and prevent last-minute meetings and scheduling conflicts through buffer times, daily limits and secret event types. The operating company is Calendly LLC, BB&T Tower, 271 17th St NW #1000, Atlanta, GA 30363, USA.

When using the tool, personal data such as name, e-mail address and telephone number are requested. It is also possible to present various requests and provide further information. If you use the tool, your details from the Calendly form, including the data you provide there, will be stored on this website and at Calendly for the purpose of processing the request and in the event of follow-up questions. The data of Calendly users and invitees are stored in data centers in the USA, which are provided by Amazon Web Services (“AWS”) and Google (selected back-ups). This data remains on this website and at Calendly until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. appointment has taken place). All connections from the browser to the Calendly platform are encrypted during transmission using TLS SHA-256 with RSA encryption. All data is encrypted at rest. Calendly user passwords are stored as encrypted password hashes. User passwords for the iCloud Calendar integration are stored with salted encryption. The data entered is processed exclusively on the basis of your consent (Art. 6 para. 1 lit. a GDPR). The applicable data protection provisions of Calendly may be retrieved under calendly.com/pages/privacy

9.3 Data protection provisions about the application and use of Instagram

 

The controller has integrated components of the Instagram service on this website. Instagram is a service that qualifies as an audiovisual platform and allows users to share photos and videos and also to redistribute such data in other social networks.

The operating company of the Instagram services is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, USA.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram is made aware of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject-and for the entire duration of their stay on our Internet site-which specific sub-page of our Internet page was visited by the data subject. This information is collected by the Instagram component and assigned by Instagram to the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it is assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.

Instagram always receives information via the Instagram component that the data subject has visited our website if the data subject is logged in to Instagram at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not want this information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before accessing our website.

Further information and the applicable data protection provisions of Instagram may be retrieved under help.instagram.com/155833707900388 and www.instagram.com/about/legal/privacy/.

9.4 Data protection provisions about the application and use of LinkedIn

 

The controller has integrated components of LinkedIn Corporation on this website. LinkedIn is an Internet-based social network that enables users to connect with existing business contacts and make new business contacts. Over 400 million registered people use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.

The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible for data protection matters outside the USA.

Each time you visit our website, which is equipped with a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the data subject to download a corresponding representation of the LinkedIn component. Further information about the LinkedIn plug-ins may be accessed under developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject-and for the entire duration of their stay on our Internet site-which specific sub-page of our Internet page was visited by the data subject. This information is collected by the LinkedIn component and assigned by LinkedIn to the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores this personal data.

LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the data subject is logged in to LinkedIn at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not want this information to be transmitted to LinkedIn, they can prevent the transmission by logging out of their LinkedIn account before accessing our website.

LinkedIn offers the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads and to manage ad settings at www.linkedin.com/psettings/guest-controls. LinkedIn also uses partners such as Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame, which may set cookies. Such cookies can be rejected at www.linkedin.com/legal/cookie-policy. The applicable data protection provisions of LinkedIn may be retrieved under www.linkedin.com/legal/privacy-policy LinkedIn’s cookie policy is available at www.linkedin.com/legal/cookie-policy.

9.5 Data protection provisions about the application and use of YouTube

 

The controller has integrated YouTube components on this website. YouTube is an Internet video portal that enables video publishers to post video clips free of charge and other users to view, rate and comment on them, also free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programs as well as music videos, trailers or videos made by users themselves can be accessed via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.

Each time one of the individual pages of this website is accessed, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at www.youtube.com/yt/about/de/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in to YouTube at the same time, YouTube recognizes which specific sub-page of our website the data subject is visiting by calling up a sub-page that contains a YouTube video. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is logged in to YouTube at the same time as accessing our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, they can prevent the transmission by logging out of their YouTube account before accessing our website. The data protection provisions published by YouTube, which can be accessed at www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

9.6 Legal basis of the processing

Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR.

In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and their name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR)

 

9.7 Legitimate interests in the processing pursued by the controller or a third party

 

Where the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the performance of our business activities for the benefit of the well-being of all our employees and our shareholders.

9.8 Duration for which the personal data is stored

 

The criterion for the duration of the storage of personal data is the respective statutory retention period. Once this period has expired, the corresponding data is routinely deleted, provided it is no longer required to fulfill or initiate a contract.

9.9 Legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision

 

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.

9.10. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

9.11. Creation of this privacy policy

This Privacy Policy has been prepared by SYLVENSTEIN Rechtsanwälte in cooperation with DGD Deutsche Gesellschaft für Datenschutz GmbH.

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Pointofbrands GmbH
Borselstraße 20,
22765 Hamburg
hi@pointofbrands.de