Privacy policy

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our social media profile. (hereinafter jointly referred to as the "online offer"). With regard to the terms used, such as "personal data" or their "processing", we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).

Person responsible:
Brandmonks GmbH
Breidenbacherstraße 8-10
D-55116 Mainz
Managing Director: Morten Babakhani
telephone number: +49 6131 623 56 10
E-mail address: info@brandmonks.de

Types of data processed:

  • Stock data (e.g., names, addresses).
  • Contact details (e.g., e-mail, telephone numbers).
  • Content data (e.g., text entries, photographs, videos).
  • Contract data (e.g., object of contract, duration, customer category).
  • 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 para. 1 DSGVO):
In principle, no special categories of data are processed unless they are supplied for processing by the users, e.g. entered in online forms.

Categories of data subjects concerned by the processing:
visitors and users of the online offer.

In the following, we refer to the data subjects collectively as "users".

Purpose of the processing:

  • Provision of the talent report, its contents and functions.
  • Answering contact requests and communication with users.
  • Marketing, advertising and market research.
  • Security measures.

Status: 18.12.2018

1. relevant legal bases
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consents is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 paragraph 1 lit. d DSGVO serves as the legal basis.

2. amendments and updates to the data protection declaration
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.

3. security measures
3.1 In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying degrees of probability and severity of the risk to the rights and freedoms of natural persons, we shall take appropriate technical and organisational measures to ensure a level of protection commensurate with the risk; these measures shall include in particular the safeguarding of the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, transmission, safeguarding of availability and its separation. Furthermore, we have established procedures to ensure that data subjects' rights are exercised, data is deleted, and we respond to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).

The security measures include in particular the encrypted transmission of data between your browser and our server.

4. cooperation with contract 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 is only done on the basis of a legal authorisation (e.g. if the data must be transferred to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 letter b DSGVO for the fulfilment of the contract), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, webhosters, 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 DSGVO.

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 is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer data to a third country if the special requirements of Art. 44 ff. DSGVO. In other words, processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding 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 obtain confirmation as to whether or not data in question is being processed and to obtain information about such data and to obtain further information and a copy of the data in accordance with Art. 15 of the DPA.

6.2 You have accordingly. Art. 16 DPA, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.

6.3 In accordance with Art. 17 DSGVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand a restriction on the processing of the data.

6.4 You have the right to obtain the data concerning you which you have provided us with in accordance with Art. 20 of the DSGVO and to request that it be passed on to other responsible parties.

6.5 You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.

7. right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 Para. 3 DSGVO with effect for the future.

8. right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. In particular, you may object to processing for the purposes of direct advertising.

9. cookies and right of objection for direct advertising
We use temporary and permanent cookies, i.e. small files that are stored on the users' devices (explanation of the term and function, see last section of this privacy policy). In some cases, the cookies serve security purposes or are necessary for the operation of our online offer (e.g., for the presentation of the website) or to store the user decision when the cookie banner is confirmed. In addition, we or our technology partners use cookies for reach measurement and marketing purposes, about which users will be informed in the course of the data protection declaration.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that not all functions of this online offer can be used then.

10. deletion of data
10.1 The data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated within the scope of this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

10.2 Germany: According to legal requirements, data is stored in particular for 6 years in accordance with § 257 Paragraph 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 Paragraph 1 AO (books, records, management reports, accounting vouchers, 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 data 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. DSGVO. The entries marked as obligatory in online forms are required for the conclusion of the contract.

11.2 We process usage data (e.g., the websites visited by our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to show the user, for example, product information based on the services they have used so far.

11.3 Deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of data retention is reviewed every three years; in the case of legal archiving obligations, deletion takes place after their expiry (end of commercial (6 years) and tax (10 years) retention obligation); information in the customer account remains until its deletion.

12. contacting
12.1 When contacting us (via contact form or e-mail), the user's details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b) DSGVO.

12.2 The user's details may be stored in our Customer Relationship Management System ("CRM System") or comparable enquiry organisation.

13. comments and contributions
13.1 If users leave comments or other contributions, their IP addresses will be deleted on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO for 7 days.

13.2 This is done for our security if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.

14. akismet anti-spam check
Our online offering uses the "Akismet" service, which is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. The use is made on the basis of our legitimate interests in the sense of Art. 6 para. 1 lit. f) DSGVO. With the help of this service, comments from real people are distinguished from spam comments. For this purpose, all comments are sent to a server in the USA, where they are analysed and stored for four days for comparison purposes. If a comment is classified as spam, the data is stored beyond this time. This information includes the name entered, the e-mail address, the IP address, the comment content, the referrer, information on the browser used and the computer system and the time of entry.

Automattic 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=a2zt0000000CbqcAAC&status=Active). For more information about Akismet's collection and use of data, please refer to Automattic's Privacy Policy: https://automattic.com/privacy/.

Users are welcome to use pseudonyms, or refrain from entering their name or email address. You can completely prevent the transmission of data by not using our comment system. That would be a pity, but unfortunately we do not see any other alternatives that are as effective.

15. collection of access data and log files
15.1 On the basis of our legitimate interests within the meaning of Article 6 paragraph 1 lit. f. DSGVO 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, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited site), IP address and the requesting provider.

15.2 For security reasons (e.g. to clarify misuse or fraud), log file information is stored for a maximum of seven days and then deleted. Data whose further storage is required for evidential purposes is excluded from deletion until final clarification of the respective incident.

16. online presence in social media
16.1 We maintain on the basis of our legitimate interests within the meaning of Article 6 paragraph 1 lit. f. DSGVO, we maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users 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.

16.2 Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.

17. cookies & range measurement
17.1 Cookies are information that is transferred from our web server or web servers of third parties to the web browsers of the users and stored there for later retrieval. Cookies may be small files or other types of information storage.

17.2 We use "session cookies", which are only stored for the duration of the current visit to our online presence (e.g. to enable the storage of your login status or the shopping basket function and thus the use of our online offer at all). A randomly generated unique identification number, a so-called session ID, is stored in a session cookie. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our website and, for example, log out or close the browser.

17.3 Users are informed about the use of cookies in the context of pseudonymous range measurement within the scope of this data protection declaration.

17.4 If the users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer.

17.5 You can object to the use of cookies, which serve to measure reach and advertising purposes, via the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

18. google analytics
18.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) we use Google Analytics, a web analysis service of Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the website by the user is usually transferred to a Google server in the USA and stored there.

18.2 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=Active).

18.3 Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. The processed data can be used to create pseudonymous user profiles of the users.

18.4 We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is shortened by Google within member states of the European Union or in other states which are parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.

18.5 The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

18.6 You can find further information on data use by Google, setting and objection options on the websites of Google: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use websites or apps of our partners"), https://policies.google.com/technologies/ads ("Data use for advertising purposes"), https://adssettings.google.com/authenticated ("Manage information that Google uses to show you advertising").

18.7 Otherwise, personal data will be anonymised or deleted after 14 months.

19. Google Re/Marketing Services
19.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the marketing and remarketing services (in short "Google Marketing Services") of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").

19.2 Google is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

19.3 Google's marketing services allow us to display ads for and on our website in a more targeted manner so that we only show users ads that potentially match their interests. For example, if a user is shown ads for products that he or she has been interested in on other websites, this is called "remarketing". For these purposes, when you visit our website and other websites where Google marketing services are active, Google will execute code directly from Google and (re)marketing tags (invisible graphics or code, also known as "web beacons") will be embedded in the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, what content he is interested in and which offers he has clicked on, as well as technical information on the browser and operating system, referring websites, visiting time and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform within the framework of Google Analytics that the IP address is shortened within member states of the European Union or in other contracting states of the Agreement on the European Economic Area and only in exceptional cases is it transferred in full to a Google server in the USA and shortened there. The IP address will not be merged with data of the user within other offers of Google. Google may also combine the above-mentioned information with information from other sources. If the user subsequently visits other websites, advertisements tailored to the user's interests may be displayed.

19.4 User data is processed pseudonymously within the framework of Google marketing services. I.e. Google does not store and process e.g. the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. This means that from Google's point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected by Google marketing services about users is transmitted to Google and stored on Google's servers in the USA.

19.5 The Google marketing services used by us include the online advertising program "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked on the websites of AdWords customers. The information collected using the cookie is used to compile conversion statistics for AdWords customers who have opted-in to conversion tracking. AdWords customers are told the total number of users who have clicked on their ad and been redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

19.6 We may also use the Google Optimizer service. Google Optimizer allows us to track the effects of various changes to a website (e.g. changes to input fields, design, etc.) as part of so-called "A/B testing". For these test purposes, cookies are stored on the users' devices. Only pseudonymous user data is processed.

19.7 We may also use the "Google Tag Manager" to integrate and manage Google's analysis and marketing services into our website.

19.8 Further information on the use of data for marketing purposes by Google can be found on the overview page: https://policies.google.com/technologies/ads, Google's privacy policy is available at https://policies.google.com/privacy.

19.9 If you wish to opt out of receiving interest-based advertising through Google marketing services, you may do so using the opt-out and opt-in facilities provided by Google at https://adssettings.google.com/authenticated.

20. facebook, custom audiences and facebook marketing services
20.1 Within our online offer, 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 located in the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes.

20.2 Facebook is certified under the Privacy Shield Agreement and thereby offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

20.3 With the help of the Facebook pixel, Facebook is on the one hand able to determine the visitors of our online offer as a target group for the presentation of advertisements (so-called "Facebook Ads"). Accordingly, we use the Facebook Pixel in order to display the Facebook Ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited), which we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook Ads correspond to the potential interest of the users and do not appear annoying. With the help of the Facebook Pixel, we can also track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users are redirected to our website after clicking on a Facebook ad (so-called "conversion").

20.4 The processing of data by Facebook takes place within the framework of Facebook's data use policy. Accordingly, general information on the display of Facebook Ads, in the Facebook Data Use Policy: https://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and its functionality can be found in the help area of Facebook: https://www.facebook.com/business/help/651294705016616.

20.5 You may object to the collection by the Facebook Pixel and use of your data to display Facebook Ads. To control what types of ads are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions on usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, meaning that they are applied to all devices, such as desktop computers or mobile devices.

20.6 You may also object to the use of cookies for audience measurement and advertising purposes via the Network Advertising Initiative opt-out page (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/).

21. facebook social plugins
21.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) Social Plugins ("Plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The Plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the terms "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

21.2. Facebook 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=a2zt0000000GnywAAC&status=Active).

21.3 If a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offer by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.

21.4 By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to his or her Facebook account. If users interact with the plugins, for example, by pressing the Like button or submitting a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his or her IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.

21.5 The purpose and scope of data collection and the further processing and use of data by Facebook, as well as the relevant rights and settings to protect the privacy of users, can be found in the Facebook privacy policy: https://www.facebook.com/about/privacy/.

21.6 If a user is a Facebook member and does not want Facebook to collect data about him/her via this online offer and link it with his/her membership data stored on Facebook, he/she must log out of Facebook before using our online offer and delete his/her cookies. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

22. jetpack (WordPress Stats)
22.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the plugin Jetpack (here the sub-function "Wordpress Stats"), which integrates a tool for the statistical evaluation of visitor accesses, and by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site.

22.2 Automattic is certified under the Privacy Shield Agreement and thereby offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).

22.3 The information generated by the cookie about your use of this online offer is stored on a server in