Privacy policy
This privacy policy explains the nature, scope and purpose of the processing of personal data (hereinafter referred to as ‘data’) within our online offering and the associated websites, functions and content, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as ‘online offering’). With regard to the terms used, such as ‘personal data’ or its ‘processing’, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Responsible party:
weeks.de Werbeagentur GmbH
Donnerbergerstraße 9 Rgb.
80634 München
Represented by:
Caren Weeks
David Weeks
Contact:
Telephone:+49-89-360 385-0
Fax:+49-89-360 385-60
E-Mail:info@weeks.de
Types of data processed:
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Processing of special categories of data (Art. 9(1) GDPR):
- No special categories of data are processed.
Categories of data subjects affected by the processing:
- Customers / interested parties / suppliers.
- Visitors and users of the online offering.
Hereinafter, we also refer to the data subjects collectively as ‘users’.
Purpose of processing:
- Provision of contractual services, customer service and customer care.
- Responding to contact requests and communicating with users.
- Marketing, advertising and market research.
- Security measures.
As of: 24 May 2018
1. Relevant legal bases
In accordance with Art. 13 GDPR, we hereby inform you of the legal bases for our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Article 6(1)(a) and Article 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures as well as for responding to enquiries is Article 6(1)(b) GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
2. Changes and updates to the privacy policy
We ask you to regularly review the content of our privacy policy. We will amend the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require action on your part (e.g. consent) or other individual notification.
3. Security measures
In accordance with Art. 32 GDPR, we take appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons. These measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, transfer, availability and separation. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted and responses are made to data breaches. Furthermore, we take the protection of personal data into account during the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
The security measures include, in particular, the encrypted transmission of data between your browser and our server.
4. Cooperation with processors and third parties
4.1. If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract in accordance with Art. 6 para. 1 lit. b GDPR) you have given your consent, a legal obligation provides for this, or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
4.2. If we commission third parties to process data on the basis of a so-called ‘contract processing agreement’, this is done on the basis of Art. 28 GDPR.
5. 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 context of using third-party services or disclosing or transferring data to third parties, this will only take place if it is necessary for the fulfilment of our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection equivalent to that of the EU (e.g. for the USA through the ‘Privacy Shield’) or compliance with officially recognised special contractual obligations (so-called ‘standard contractual clauses’).
6. Rights of data subjects
6.1. You have the right to request confirmation as to whether data concerning you is being processed and to obtain access to this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.
6.2. In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you. Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
6.3. In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
6.4. You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transferred to other controllers.
6.5. Furthermore, in accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
7. Right of revocation
You have the right to revoke your consent in accordance with Art. 7 (3) GDPR with effect for the future.
8. Right to object
You may object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.
9. Cookies and right to object to direct marketing
We use temporary and permanent cookies, i.e. small files that are stored on users' devices (for an explanation of the term and function, see the last section of this privacy policy). Some cookies are used for security purposes or are necessary for the operation of our online offering (e.g. for the display of the website) or to store the user's decision when confirming the cookie banner. In addition, we or our technology partners use cookies for reach measurement and marketing purposes, about which users are informed in the course of the privacy policy. A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in your browser settings. Please note that in this case, not all functions of this online offer may be available.
10. Deletion of data
10.1. The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal retention obligations preventing deletion. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that 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.
10.2. In accordance with legal requirements, data is stored for 6 years in particular in accordance with Section 257 (1) of the German Commercial Code (HGB) (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 (1) of the German Fiscal Code (AO) (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
11. Provision of contractual services
11.1. We process inventory data (e.g. names and addresses as well as contact details of users), contract data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
11.2. Deletion takes place after the expiry of statutory warranty and comparable obligations; the necessity of storing the data is reviewed every three years. in the case of statutory archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligations); information in the customer account remains until it is deleted.
12. Contact
12.1. When contacting us (via contact form or email), the user's details will be processed for the purpose of handling the contact request and its processing in accordance with Art. 6 para. 1 lit. b) GDPR.
12.2. The user's details may be stored in our customer relationship management system (‘CRM system’) or a comparable enquiry organisation system.
12.3. We delete enquiries once they are no longer required. We review the necessity every two years; we store enquiries from customers who have a customer account permanently and refer to the customer account details for deletion. In the case of legal archiving obligations, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligations).
13. Comments and contributions
13.1. When users leave comments or other contributions, their IP addresses are stored for seven days on the basis of our legitimate interests within the meaning of Article 6(1)(f) of the GDPR.
13.2. This is done for our security in case someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or contribution and are therefore interested in the identity of the author.
14. Collection of access data and log files
14.1. Based on our legitimate interests within the meaning of Art. 6(1)(f) GDPR, we collect data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, the file, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
14.2. Log file information is stored for security reasons (e.g. to investigate misuse or fraud) for a maximum period of seven days and then deleted. Data that must be retained for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.
15. Online presence on social media
15.1. Based on our legitimate interests within the meaning of Art. 6(1)(f) GDPR, we maintain online presences within social networks and platforms in order to communicate with customers, interested parties and users who are active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
15.2. Unless otherwise stated in our privacy policy, we process the data of users who communicate with us within social networks and platforms, e.g. by posting on our online presences or sending us messages.
16. Cookies & reach measurement
16.1. Cookies are pieces of information that are transferred from our web server or third-party web servers to users' web browsers and stored there for later retrieval. Cookies can be small files or other types of information storage.
16.2. Users are informed about the use of cookies in the context of pseudonymous reach measurement in this privacy policy.
16.3. If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. The exclusion of cookies may lead to functional restrictions of this online offer.
16.4. You can object to the use of cookies for reach measurement and advertising purposes via the deactivation page of the Network Advertising Initiative (http://optout.networkadvertising.org/) and additionally via the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/ your-ad-choices/).
17. Google Analytics
17.1. Based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we use Google Analytics, a web analytics service provided by Google LLC (‘Google’). Google uses cookies. The information generated by the cookie about the use of the online offer by the users is usually transferred to a Google server in the USA and stored there.
17.2. Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=A...).
17.3. Google will use this information on our behalf to evaluate the use of our online service by users, to compile reports on the activities within this online service and to provide us with further services associated with the use of this online service and the Internet. In doing so, pseudonymous user profiles can be created from the processed data.
17.4. We only use Google Analytics with IP anonymisation enabled. This means that the IP address of users within member states of the European Union or in other signatory states to the Agreement on the European Economic Area is truncated by Google. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and truncated there.
17.5. The IP address transmitted by the user's browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software settings accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online service, as well as Google from processing this data, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.
17.6. Further information on data usage by Google, settings and options for objection can be found on Google's websites: https://www.google.com/intl/de/policies/privacy/partners (‘Data usage by Google when you use our partners' websites or apps’), https://policies.google.com/technologies/ads (‘Data usage for advertising purposes’), https://adssettings.google.com/authenticated (‘Manage information that Google uses to show you ads’).
17.7. Otherwise, personal data will be anonymised or deleted after a period of 14 months.
18. Integration of third-party services and content
18.1. Based on our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we integrate third-party content and services into our online offering content or service offerings from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as ‘content’). This always requires that the third-party providers of this content perceive the IP address of the users, as they would not be able to send the content to their browsers without the IP address. The IP address is therefore necessary for the display of this content. We endeavour to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as ‘web beacons’) for statistical or marketing purposes. Pixel tags can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, visit time and other information about the use of our online offering, and may also be linked to such information from other sources.
18.2. The following overview lists third-party providers and their content, along with links to their privacy policies, which contain further information on data processing and, in some cases, options for objecting (known as opting out), some of which are already mentioned here:
Maps from the ‘Google Maps’ service provided by the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, opt-out: https://www.google.com/settings/ads/.
We use functions of the XING network. The provider is XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. Each time one of our pages containing Xing functions is accessed, a connection to Xing servers is established. To our knowledge, no personal data is stored in the process. In particular, no IP addresses are stored and no usage behaviour is evaluated. Privacy policy: https://www.xing.com/app/share?op=data_protection.