Datenschutzerklärung

 

  1. Name and address of the person responsible

BRAINKINETIK GmbH

Goldbacher Straße 81

74564 Crailsheim

 

Represented by:

Oliver Rehbach

Registergericht: Ulm

Registernummer: 671470

Sales tax identification number according to §27a sales tax law: DE242503898

 

Disclaimer of liability:

The website operator takes your data protection very seriously and treats your personal data confidentially and in accordance with the statutory provisions. As new technologies and the constant further development of this website may result in changes to this data protection declaration, we recommend that you read the data protection declaration again at regular intervals.

  1. 1. General information on data processing
  2. 2. Scope of the processing of personal data

As a matter of principle, we only process personal data of our users to the extent that this is necessary for our content and services. The processing of our users' personal data only takes place regularly with the user's consent. An exception applies in cases where prior consent cannot be obtained for factual reasons and the processing of the data is permitted by law.

  1. 2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis.

If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.

  1. 3. Data erasure and storage duration

The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Data may also be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfillment of a contract.

III Provision of the website and creation of log files

  1. 2. Description and scope of data processing

Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.

The following data is collected:

Information about the browser type and version used

Informationen über den Typ und die Version des verwendeten Browsers

The user's internet service provider

The IP address of the user

Date and time of access

Websites from which the user's system accesses our website

Websites that are accessed by the user's system via our website

The data is also stored in the log files of our system. This does not affect the user's IP addresses or other data that allows the data to be assigned to a user. This data is not stored together with other personal data of the user.

  1. 2. Legal basis for data processing

The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f GDPR.

  1. 3. Purpose of data processing

Temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.

The data is not analyzed for marketing purposes in this context.

These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.

  1. 4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

  1. 5. Possibility of objection and removal

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, the user has no option to object.

  1. 1. Newsletter

2. Description and scope of data processing

The newsletter is sent on the basis of the user's registration or existing consent. The following data is collected:

name (surname, name)

contact (mail adress)

Address data

The data is used exclusively for sending the newsletter, which may contain information or offers.

We use the getresponse system of GetResponse S.A. to send our newsletter. Your data will therefore be transmitted to GetResponse S.A.. GetResponse S.A. is prohibited from using your data for purposes other than sending the newsletter. GetResponse S.A. is not permitted to pass on or sell your data. GetResponse S.A. is a certified software provider that has been carefully selected in accordance with the requirements of the GDPR and the BDSG.

You can revoke your consent to the storage of data and its use for sending the newsletter at any time, e.g. via the unsubscribe link in the newsletter.

  1. 2. Legal basis for data processing

The newsletter is sent on the basis of the user's registration or existing consent.

  1. 3. Purpose of data processing

The purpose of collecting the user's e-mail address is to deliver the newsletter.

  1. 4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. The user's e-mail address is therefore stored for as long as the subscription to the newsletter is active.

  1. 5. Possibility of objection and removal

The Subscription to the newsletter can be canceled by the user concerned at any time. For this purpose, there is a corresponding link in every newsletter.

  1. 1. Contact form and e-mail contact
  2. 2. Description and scope of data processing

There is a contact form on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored.

These data are:

Name, Vorname

Organisation (optional)

Straße, PLZ, Ort

Telefon, Mobil

mail address

Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this privacy policy. No data will be passed on to third parties in this context. The data will be used exclusively for processing the conversation.

  1. 2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a GDPR if the user has given consent.

The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.

  1. 3. Purpose of data processing

The processing of the personal data from the input mask serves us solely to process the contact. If you contact us by email, this also constitutes the necessary legitimate interest in processing the data.

The other personal data processed during the sending process is used to prevent misuse of the contact form and to ensure the security of our information technology systems.

  1. 4. Duration of storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified.

  1. 5. Possibility of objection and removal

The user has the option to revoke their consent to the processing of personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.

The objection can be made in writing or by e-mail.

All personal data stored in the course of contacting us will be deleted in this case.

  1. 1. Web analysis through elopage and GetResponse
  2. 2. Scope of the processing of personal data

We use elopage and GetResponse to carry out our web analysis. Your data for web analysis is therefore collected by elopage and GetResponse on our behalf. In doing so, elopage and GetResponse are prohibited from using your data for purposes other than web analysis. elopage and GetResponse are not permitted to pass on or sell your data. elopage and GetResponse are certified website providers that have been carefully selected in accordance with the requirements of the GDPR and the BDSG.

If individual pages of our website are accessed, the following data is stored:

Besucherzahlen: Besucher, Sitzungen, Seitenaufrufe, Suchmaschinen-Robots

Visitor behavior: Duration per session, page views per session, bounce rate

Page analysis: entry pages, exit pages, error pages, most visited pages, pages with high bounce rates, search terms

Pages of origin: All source pages, Referring pages

Browsers & Systems: Browsers, browser versions, operating systems, operating system versions

The data will not be passed on to third parties.

A corresponding contract for order processing in accordance with Art. 28 GDPR has been concluded with 1&1 Internet SE.

  1. 2. Legal basis for the processing of personal data

The legal basis for the processing of users' personal data is Art. 6 para. 1 lit. f GDPR.

  1. 3. Purpose of data processing

The processing of users' personal data enables us to analyze the surfing behavior of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. These purposes also constitute our legitimate interest in processing the data in accordance with Art. 6 para. 1 lit. f GDPR. By anonymizing the IP address, the interest of users in the protection of their personal data is sufficiently taken into account.

  1. 4. Duration of storage

The data will be deleted as soon as it is no longer required for our recording purposes.

  1. 5. Possibility of objection and removal

The user has the option to revoke the use of their data for web analysis at any time.

The objection can be made in writing or by e-mail.

All personal data stored in the course of the web analysis will be deleted in this case.

VII. Rights of the data subject

If your personal data is processed, you are the data subject within the meaning of the GDPR and you have the following rights towards the person responsible:

  1. 1. right of providing information

You can request confirmation from the person responsible as to whether personal data concerning you is being processed by us.

If such processing occurs, you can request information from the person responsible about the following information:

(1) the purposes for which the personal data are processed;

(2) the categories of personal data that are processed;

(3) the recipients or categories of recipients to whom your personal data has been or will be disclosed;

(4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;

(5) the existence of a right to rectification or deletion of personal data concerning you, a right to restrict processing by the controller or a right to object to this processing;

(6) the existence of a right to lodge a complaint with a supervisory authority;

(7) all available information about the origin of the data if the personal data is not collected from the data subject;

You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.

  1. 1. Right to rectification

You have the right to request correction and/or completion from the person responsible if the personal data processed concerning you is incorrect or incomplete. The person responsible must make the correction immediately.

  1. 3. Right to restriction of processing

You can request the restriction of the processing of personal data concerning you under the following conditions:

(1) if you contest the accuracy of the personal data relating to you for a period enabling the controller to verify the accuracy of the personal data;

(2) the processing is unlawful and you refuse the deletion of the personal data and instead request the restriction of the use of the personal data;

(3) the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or

(4) if you have lodged an objection to the processing in accordance with Article 21 Para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.

If the processing of personal data concerning you has been restricted, this data - apart from its storage - may only be used with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.

If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the person responsible before the restriction is lifted.

  1. 4. Right to deletion
  2. 5. a) Obligation to delete

You can request that the person responsible delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:

(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.

(2) You revoke your consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.

(3) You object to the processing in accordance with Article 21 Paragraph 1 of the GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing in accordance with Article 21 Paragraph 2 of the GDPR.

(4) The personal data concerning you were processed unlawfully.

(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.

(6) The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.

  1. 1. b) Information to third parties

If the person responsible has made the personal data concerning you public and is obliged to delete it in accordance with Article 17 Para. 1 GDPR, he will take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to ensure that the person responsible for data processing to inform those processing the personal data that you, as the data subject, have requested them to delete all links to that personal data or copies or replications of that personal data.

  1. 1.c) Exceptions

There is no right to deletion if processing is necessary

(1) to exercise the right to freedom of expression and information;

(2) to fulfill a legal obligation requiring processing under Union or Member State law to which the controller is subject, or to carry out a task carried out in the public interest or in the exercise of official authority vested in the controller became;

(3) for reasons of public interest in the area of ​​public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3 GDPR;

(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 Para. 1 GDPR, insofar as the law mentioned under section a) is likely to make the achievement of the objectives of this processing impossible or seriously impair it, or

(5) to assert, exercise or defend legal claims.

  1. 5. Right to information

If you have asserted the right to rectification, deletion or restriction of processing against the controller, the controller is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or deletion of the data or restriction of processing, unless: this turns out to be impossible or involves disproportionate effort.

You have the right to be informed about these recipients by the person responsible.

  1. 6. Right to data portability

You have the right to receive the personal data concerning you that you have provided to the controller in a structured, common and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that

(1) the processing is based on consent in accordance with Article 6 (1) (a) GDPR or Article 9 (2) (a) GDPR or on a contract in accordance with Article 6 (1) (b) GDPR and

(2) the processing takes place using automated procedures.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another controller, to the extent that this is technically feasible. The freedoms and rights of other people must not be impaired by this.

The right to data portability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  1. 7. Right to object

You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data, which is carried out on the basis of Article 6 (1) (e) or (f) of the GDPR; This also applies to profiling based on these provisions.

The person responsible will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If your personal data is processed for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; This also applies to profiling insofar as it is connected to such direct advertising.

If you object to processing for direct advertising purposes, your personal data will no longer be processed for these purposes.

In connection with the use of information society services - regardless of Directive 2002/58/EC - you have the opportunity to exercise your right to object using automated procedures that use technical specifications.

  1. 8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your data protection declaration of consent at any time. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation.

  1. 9. Automated decision-making in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision

(1) is necessary for the conclusion or fulfillment of a contract between you and the person responsible,

(2) is permitted by Union or Member State law to which the controller is subject and such law contains appropriate measures to safeguard your rights and freedoms and your legitimate interests or

(3) takes place with your express consent.

However, these decisions may not be based on special categories of personal data in accordance with Article 9 Paragraph 1 GDPR, unless Article 9 Paragraph 2 Letters a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms as well as your legitimate interests.

With regard to the cases mentioned in (1) and (3), the controller shall take appropriate measures to protect the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express one's own point of view and heard to challenge the decision.

  1. 10. Right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or the place of the alleged infringement, if you are of the opinion that the processing of personal data concerning you is contrary to violates the GDPR.

The supervisory authority to which the complaint was submitted will inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.