Privacy at Marketing Factory Consulting GmbH

Responsible

Company: Marketing Factory Consulting GmbH
Street, No.: Marienstraße 14
Postcode, City, Country: 40212 Düsseldorf, Germany
Company registry number: HRB 53971
Managing Directors: Karoline Steinfatt, Christoph Allefeld, Toni Nowotsch, Ingo Schmitt
Phone number: +49 211 36 11 76 0
E-mail address: info{at}marketing-factory.de

Data protection representative

E-mail address: dk{at}marketing-factory.de
Phone number: +49 211 36 11 76 0

Version: 18/04/2018

1. General information on data processing and legal basis

1.1. This privacy statement informs you on the kind, scope and purpose of personal data processing within the scope of our online offering and websites to which our online offering provides hyperlinks, as well as on functions and content (hereinafter jointly referred to as “Online Offering” or “Website”). This privacy statement applies independent of the used domains, systems, platforms or devices (e.g. desktop or mobile devices) to provide or access the Online Offering.

1.2. Regarding the used terms, such as e.g. “personal data” or “processing” of personal data, we refer to the definitions in Article 4 General Data Protection Regulation (GDPR).

1.3. Personal data of users that is processed within the scope of this Online Offering includes user data (e.g. name and address of customers), usage data (e.g. visited Websites of our Online Offering, interest in our services) and content data (e.g. entered data in contact forms).

1.4. The term “user” includes all categories of data subjects that are affected by data processing. This includes our business partners, customers, prospects and other visitors of our Online Offering. The used terms, such as e.g. “user” are to be interpreted in a gender-neutral manner.

1.5. We only process personal user data in compliance with relevant data protection provisions. This means that user data is only processed if the user has provided its consent as required by law. I.e., in particular, that user data is only processed, if the processing of data is necessary or required by law to perform our contractual obligations / services (e.g. order processing) and to provide our online services or if the user has provided his consent, but also, if processing of user data is based on our legitimate interests (i.e. Interest in the analysis, optimization and economic operation and security of our Online Offering in terms of Art. 6 Para 1 lit. f. GDPR, in particular for media coverage measurement purposes, preparation of profiles for advertising and marketing purposes, as well as access data collection and use of third-party services).

1.6. We expressly note that the legal basis for the provision of consent is Art. 6 Para 1 lit. a. and Art. 7 GDPR, that the legal basis for the processing of data to fulfil our service obligations and to perform contractual measures is Art. 6 Para 1 lit. b. GDPR, that the legal basis for the processing of data to meet our legal obligations is Art. 6 Para 1 lit. c. GDPR and that the legal basis for the processing of data to safeguard our legitimate interests is Art. 6 Para 1 lit. f. GDPR.

2. Security measures

2.1. We apply organisational, contractual and technical security measures with regard to the state of the art to ensure compliance with data protection law provisions and the protection of the data we process against accidental or intentional manipulations, loss, destruction or access by unauthorised individuals.

2.2. These security measures include, in particular, encrypted data transmission between your Browser and our server.

3. Disclosure of data to third parties and third-party service providers

3.1. Data is only disclosed to third parties to the extent permitted by law. We only disclose user data to third parties, if such disclosure is necessary, e.g., for contractual purposes in accordance with Art. 6 Para 1 lit. b. GDPR or based on our legitimate interests in accordance with Art. 6 Para 1 lit. f. GDPR to operate our business in an economic and effective manner.

3.2. In those case where we engage sub-contractors to provide our services, we take appropriate legal precautions, as well as adequate technical and organisational measures to provide for the protection of personal data in accordance with relevant statutory provisions.

3.3. If within the scope of this privacy statement content, tools or other means of other providers (hereinafter jointly referred to as “third-party providers”) are used and their stated principal place of business is located in a third country, one has to expect that data will be transferred to the countries of the third-party providers’ principal place of business. Third countries are to be understood as countries, where the GDPR is not directly applicable law, i.e. in general any country outside of the EU / European Economic Area. Data is transmitted to third countries, if an appropriate data protection level is implemented or if such data transmission is permitted by law.

4. Contact details

If you contact us (using the contact form or via e-mail), we will process your information in accordance with Art. 6 Para 1 lit. b. GDPR to deal with and process your contact inquiry.

5. Collection of access data and log files

5.1. Based on our legitimate interests in terms of Art. 6 Para 1 lit. f. GDPR, we collect data on each access to the server on which our service is located (so-called server log files). This access data includes, name of the accessed website, file name, access date and time, transmitted data volume, successful data transmission message, Browser type and version, the user’s operating system, referrer URL (previously visited page), IP address and requesting provider.

5.2. All log file information is stored for a period of seven days at a maximum for security reasons (e.g. investigation and clarification of abuse or fraudulent acts). After this period, log files are anonymised, so that the identity of website visitors can no longer be concluded from these log files. Data that must be kept for evidence purposes is excepted from anonymisation until the relevant incident is finally solved.

6. Cookies & media coverage measurement

6.1. A cookie is information that is transmitted from our web server or third-party web servers to the users’ web Browsers and stored on the user’s computer to support future visits. Cookies can be small files or other types of information storage.

6.2. We use "Session-Cookies” that are only temporarily stored for the duration of the current visit on our online presence. A randomly created unique identification number is stored in a session cookie, a so-called session ID. A cookie contains, in addition, the information on its origin and the storage period. These cookies cannot store any other data. Session-Cookies will be erased, when you have ended the use of our online offering and e.g. close your Browser.

6.3. This privacy statement informs you on the use of cookies within the scope of pseudonymous media coverage measurement.

6.4. If you do not wish that cookies are stored on your computer, please deactivate the respective option in the system settings of your Browser. Stored cookies can be erased using the system settings of the Browser. If storage of cookies is blocked, this may restrict functionality of this online offering.

6.5. You may object to the use of cookies used for media coverage measurement and advertising purposes via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and also the American web page in the USA (http://www.aboutads.info/choices) or the European web page (http://www.youronlinechoices.com/uk/your-ad-choices/).

7. Google Analytics

7.1. Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our Online Offering in terms of Art. 6 Para 1 lit. f. GDPR), we use Google Analytics, a web analysis service of Google LLC ("Google"). Google uses cookies. The information generated by the cookie about your use of the online content (including your IP address) will be transmitted to and stored by Google on servers in the United States.

7.2. We use Google Analytics, including the functions of Universal Analytics. Universal Analytics provide us with the functionality to analyse activities on our page across devices (e.g. if pages are first accessed via a laptop and then via a tablet). This is achieved through pseudonymous assignment of a user ID to a user. This assignment is applied e.g., if you register for a customer account or login with your customer account. Personal data is, however, not forwarded to Google. Although Universal Analytics provides functions in addition to Google Analytics, this does not mean that data protection measures such as IP masking or the Browser add-on are being restricted or limited thereby.

7.3. Google is certified under the Privacy Shield framework. Based on this certification Google provides a guarantee that Google complies with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

7.4. Google will use this information on our behalf to analyse usage of our Online Offering by users, to compile reports on these activities within the scope of our Online Offering and to provide for us additional services (that are connected with the use of our Online Offering and the Internet). Within the scope of this process, pseudonymous user profiles can be created from processed data.

7.5. We use Google Analytics so that ads inserted by the advertising services of Google and its partners are only displayed to those users, who showed interest in our Online Offering or who have specific characteristics (e.g. interest in certain topics or products that are identified based on visited websites), which we provide to Google (so-called “Remarketing Audiences" or "Google-Analytics-Audiences"). With the support of Remarketing Audiences, we also want to ensure that our ads correspond to the potential interest of users and do not have an annoying effect.

7.6. We only use Google Analytics with activated IP anonymisation. This means that the users’ IP address is abbreviated within the European Union member states or other member states of the European Economic Area. Only in exceptional cases is the full IP-address transmitted to a Google server in the U.S. and shortened there.

7.7. The IP-address which is transferred by your web browser is not consolidated with other Google data. You can prevent storage of cookies through a corresponding setting in your Browser software; furthermore, you can prevent collection of data related to your use of our Online Offering created by the cookie, as well as processing of this data by Google by downloading and installing the Browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de

As an alternative to the browser add-on or within browsers on mobile devices, please click on this linkto prevent the Google Analytics collection within this site in the future (the opt out only works in this browser and only for this domain). An opt-out cookie is stored on your device. If you delete your cookies in this browser, you must click this link again.

7.8. Additional information on the use of data by Google, setting options and your rights to object may be obtained on the Google websites: https://www.google.com/intl/de/policies/privacy/partners ("Data usage by Google if you use websites or apps of our partners"), http://www.google.com/policies/technologies/ads ("Data usage for advertising purposes"), http://www.google.de/settings/ads ("Management of information that Google uses to insert ads").

 

8. Google-Re/Marketing-Services

8.1. Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our Online Offering in terms of Art. 6 Para 1 lit. f. GDPR), we use the marketing and re-marketing services (short “Google-Marketing-Services") of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").

8.2. Google is certified under the Privacy Shield framework. Based on this certification Google provides a guarantee that Google complies with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

8.3. Google-Marketing-Services provide us with the functionality to display ads for our website in a more targeted manner so that we only present to you ads that may be adequate to your interests. If, for example, ads for our services are displayed on other web pages, this is called "Remarketing". For these purposes, a Google code is directly executed by Google, if our or other websites are accessed on which Google-Marketing-Services are active and so-called (re)-marketing tags (invisible graphics or code, also called as "Web Beacons") are integrated into the website. With the support of these (re)-marketing tags an individual cookie, i.e. a small file, is stored on your device (instead of cookies comparable technologies may be used). These cookies may be set from different domains, including, among others by google.com, doubleclick.net, invitemedia.com, admeld.com, In this file records are kept as to which websites you visited, which content is of interest to you and which offers did you click on, furthermore technical information relating to the Browser and operating system, referring websites, duration of visits, as well as additional information on the Online Offering use. Your IP address is also collected. We note, however, that within the scope of Google Analytics, that the IP address is abridged within the member states of the European Union or in other signatory states to the Agreement on the European Economic Area and that IP addresses are only transferred in exceptional cases as a whole to a server of Google in the USA and abridged there. The IP address is not matched with your data within the scope of other Google service offerings. Google may also connect the above-mentioned information with information collected from other sources. If you subsequently visit other websites, ads that are adjusted to your profile may be displayed according to your interests.

8.4. We process your data pseudonymous within the scope of Google Marketing Services. I.e. Google stores and processes e.g. not your name or your e-mail address, but processes relevant data cookie-related within pseudonymous user profiles. I.e. from the Google perspective ads are not managed and displayed for a specifically identifiable individual, but for the cookie owner, independent of who the cookie owner is. This does not apply, if you gave Google express permission to process this data without this anonymisation. The information on users that Google Marketing Services collect will be transmitted to Google and stored on Google servers in the USA. 

8.5. The Google Marketing Services used by us include, among others, the online advertising programme "Goole Ads" (formerly known as "Google AdWords"). In the case of Google Ads each Ads customer will receive a different "Conversion-Cookie". Accordingly, cookies cannot be traced via the websites of Ads customers. Information that is generated with the support of the cookie is used to create conversion statistics for Ads customers that opted for conversion tracking. Ads customers are informed of the total number of users that clicked on their ad and which were redirected to a page with a conversion tracking tag. Ads customers do, however, not receive any information based on which user can be individually identified.

8.6. Furthermore, we may use the "Google Tag Manager” to integrate Google analysis and marketing services into our website and manage these services.

8.7. Additional information on the use of data for marketing purposes by Google may be obtained on the overview page: www.google.com/policies/technologies/ads, and the Google privacy statement may be accessed at www.google.com/policies/privacy.

8.8. If you wish to object to interest related advertising by Google Marketing Services, you may use the setting and opt-out options provided by Google: http://www.google.com/ads/preferences.

9. Google reCAPTCHA

9.1. Based on our legitimate interests (i.e. interest in data accuracy, avoidance of automatic contact inquiries by so-called bots and economic operation of our Online Offering in terms of Art. 6 Para 1 lit. f. GDPR), we use the reCAPTCHA service www.google.com/recaptcha/intro/ of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").

9.2. Google is certified under the Privacy Shield framework. Based on this certification Google provides a guarantee that Google complies with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

9.3. To protect your contact inquiries per Internet form, we are using the reCAPTCHA service of Google LLC (Google). The query may be visible or invisible and is used to distinguish whether the input is made by a human, or abusive by automated, machine processing. The query includes the transmission of the IP address and potentially other data required by Google for the reCAPTCHA service to Google. For this purpose, your data entry is transmitted to Google for further use.

9.4. By using reCAPTCHA, you agree to the fact that the recognition you have made will be incorporated into the digitization of old works. However, by means of IP anonymisation on this website, your IP address will be previously abbreviated within the member states of the European Union or other members of the European Economic Area. Only in exceptional cases is the full IP-address transmitted to a Google server in the U.S. and shortened there.

9.5. Google will use this information to evaluate your use of this service on behalf of the operator of this website. The IP-address which is transferred by your web browser within the framework of reCAPTCHA is not consolidated with other Google data. These data are subject to the divergent data protection regulations of the company Google.

9.6. The Google privacy statement may be accessed at www.google.com/policies/privacy

10. Facebook-, Custom Audiences and Facebook Marketing Services

10.1. Based on our legitimate interests in the analysis, optimization and economic operation of our Online Offering and for these purposes, we are using within the scope of our Online Offering the so-called "Facebook-Pixel” of the social network Facebook, which is operated by Facebook Inc.,1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are residing within the EU, by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, ("Facebook").

10.2. Facebook is certified under the Privacy Shield framework. Based on this certification Facebook provides a guarantee that Facebook complies with European data protection laws (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

10.3. With the support of Facebook-Pixel, Facebook can identify the visitors of our Online Offering as a target group for the display of ads (so-called "Facebook-Ads"). We use the Facebook-Pixel accordingly so that Facebook-Ads inserted by us are only displayed to those Facebook users, who showed interest in our Online Offering or who have specific characteristics (e.g. interest in certain topics or products that are identified based on visited websites), which we provide to Facebook (so-called “Custom Audiences"). With the support of Facebook-Pixel, we also want to ensure that our Facebook ads correspond to the potential interest of users and do not have an annoying effect. With the support of Facebook-Pixel, we can also assess the effectiveness of Facebook ads for statistical and market research purposes, because we can see, if users have been redirected after a click on a Facebook ad on our website (so-called "Conversion").

10.4. Facebook integrates the Facebook-Pixel directly when our websites are accessed and as such Facebook can store a so-called cookie, i.e. a small file, on your device. If you subsequently login to Facebook or you visit Facebook as a logged in user, your visit of our Online Offering will be recorded in your profile. Your collected personal data are anonymous to us, so that the identity of users cannot be concluded from this data. This data is, however, stored and processed by Facebook, so that a connection between the data and the respective user profile is possible and may be used by Facebook, as well as by us for our own market research and advertising purposes. If we transmit data to Facebook for reconciliation purposes, this data is locally encrypted in the Browser and only sent to Facebook after encryption via a secure https connection. The sole purpose of this data transfer is to achieve a reconciliation with the Facebook data, which is encrypted in the same manner.

10.5. Processing of data by Facebook is performed within the scope of the Facebook data usage guideline. Accordingly, general notes regarding display of Facebook Ads may be obtained from the Facebook data usage guideline at: www.facebook.com/policy.php. Specific information and details regarding Facebook Pixel and its functionality may be obtained from Facebook in its help section at: https://www.facebook.com/business/help/651294705016616.

10.6. You may object to the collection of your data by Facebook-Pixel and its use for the display of Facebook Ads. You may set, which types of ads are displayed within Facebook. Please access the respective page provided by Facebook and follow the instructions to apply the settings for user-based advertising: www.facebook.com/settings. Settings are platform independent, i.e. they apply to all devices, such as desktop computers or mobile devices.

If you wish to prevent data collection by Facebook Pixel on our web pages, please click the following link: Facebook-Opt-Out Note: If you click on the link, an "Opt-Out” cookie will be stored on your device. If you erase cookies in this Browser, you must click the link again. In addition, the Opt-Out only applies to the Browser you are using and only within our web domain/span>, where the link was clicked on.

10.7. You may object to the use of cookies used for media coverage measurement and advertising purposes and in addition via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and also the American web page in the USA (http://www.aboutads.info/choices) or the European web page (http://www.youronlinechoices.com/uk/your-ad-choices/).

11. Integration of third-party services and content

11.1. Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our Online Offering in terms of Art. 6 Para 1 lit. f. GDPR), we use content and service offerings of third-party providers within the scope of our Online Offering to integrate their content and services such as e.g. videos or type fonts (hereinafter jointly referred to as “content”). This procedure requires in any case that the third-party providers of this content know the user’s IP address, because third-party providers could not send content to the users’ Browser without IP address. Accordingly, the IP address is required for the display of this content. We use every effort to only use content of providers that only use the IP address for the delivery of content. Third-party providers may also use so-called Pixel-Tags (invisible graphics, also called as "Web Beacons") for statistical or marketing purposes. "Pixel-Tags” provide the functionality to analyse information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the users’ devices and may contain, among others, technical information on the Browser and operating system, referring websites, duration of visits, as well as additional information on the Online Offering use. Pseudonymous information may also be connected with information collected from other sources.

11.2. The following illustration provides an overview of third-party providers and their content, including links to their privacy statements, which contain additional notes concerning data processing and rights to object (so-called “Opt-Out"), which are, in part, mentioned in this privacy statement:

12. User rights

12.1. You have the right to receive information upon your request on your personal data we have stored.

12.2. In addition, you have the right to demand correction of incorrect data, restriction of processing and erasure of your personal data and, if applicable, to claim your rights to data portability and, in the case unlawful processing of data is assumed, to file a complaint with the competent supervisory authority.

12.3. You may also revoke your provided consents. Revocation generally applies with future effect.

13. Erasure of data

13.1. Data stored with us are erased as soon as data is no longer needed for their intended purpose and such erasure does not conflict with statutory retention obligations. If user data is not erased, because it is required for other purposes permitted by law, processing of such data is restricted. I.e. such data is locked and will not be used for other purposes. This applies e.g. for user data that must be kept for commercial or tax law reasons.

13.2. In accordance with statutory requirements data is kept for six years according to Section 257 Para 1 HGB [German Commercial Code] (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting records etc.), as well as for ten years according to Section 147 Para 1 AO [German Tax Code] (books, records, management reports, accounting records, commercial and business letters, tax relevant documents etc.).

14. Right to object

You may object to future processing of your personal data at any time in accordance with statutory provisions. You may, in particular, object to data processing for direct advertising purposes.

15. Changes to the privacy statement

15.1. We reserve the right to amend this privacy statement to adapt this privacy statement to changed legal situations or in the case our services or processing of data changes. This applies, however, only in relation to statements regarding data processing. If your consent is required or if components of the privacy statement contain arrangements of the contractual relationship with you, amendments to the privacy statement are only performed with your consent.

15.2. We kindly ask you to routinely check the privacy statement’s content.

16. Competent supervisory authority

The competent supervisory authority is the

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Kavalleriestr. 2-4
40213 Düsseldorf

Phone: 0211/38424-0
Fax: 0211/38424-10

E-mail: poststelle{at}ldi.nrw.de