Privacy

Introduction

With the following data protection declaration we would like to explain to you which types of your personal data (hereinafter also referred to as "data") we process, for what purposes and to what extent the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer").

The terms used are not gender specific.

As of September 13, 2021

Responsible for content

Off and On again GmbH
Strausberger Platz 6
10243 Berlin

Authorized representatives:
Marcus Greye, Floyd Arnold

hyfy@oaoa.agency

Imprint

Overview of the processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

• Content data (e.g. entries in online forms).
• Contact details (e.g. email, telephone numbers).
• Meta / communication data (e.g. device information, IP addresses).
• Usage data (e.g. websites visited, interest in content, access times).

Categories of data subjects

• Communication partner.
• Users (e.g. website visitors, users of online services).

Purposes of processing

• Provision of our online offer and user-friendliness.
• Direct marketing (e.g. by email or post).
• Contact requests and communication.
• Profiles with user-related information (creation of user profiles).
• Range measurement (e.g. access statistics, recognition of returning visitors).

Relevant legal bases

Below you will find an overview of the legal bases of the GDPR, on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection requirements may apply in your or our country of residence or domicile. Furthermore, if more specific legal bases are relevant in individual cases, we will inform you of this in the data protection declaration.

• Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR) - The person concerned has given their consent to the processing of their personal data for a specific purpose or for several specific purposes.
• Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR) - Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which protect personal data Data require, predominate.

National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the law on the protection against misuse of personal data during data processing (Federal Data Protection Act - BDSG). The BDSG contains in particular special regulations on the right to information, the right to erasure, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. It also regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states can be applied.

Safety measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, transfer, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to the threat to the data. Furthermore, we consider the protection of personal data already in the development or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and data protection-friendly default settings.

Transmission of personal data

As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or they are disclosed to them. The recipients of this data can include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and, in particular, conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.

Data processing in third countries

Insofar as we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing in the context of the use of third-party services or the disclosure or transfer of data to other persons, offices or companies takes place, this is only done in accordance with the legal requirements.

Subject to express consent or contractually or legally required transfer, we process or have the data processed only in third countries with a recognized level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, Information page of the EU Commission).

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as the consents allowed for processing are revoked or other permissions are no longer applicable (e.g. if the purpose of processing this data is no longer applicable or is not required for the purpose).

If the data are not deleted because they are required for other and legally permissible purposes, their processing will be limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax law reasons or whose storage is necessary for the establishment, exercise or defense of legal claims or to protect the rights of another natural or legal person.

Our data protection information may also contain further information on the storage and deletion of data, which have priority for the respective processing.

Use of cookies

Cookies are text files that contain data from visited websites or domains and are stored on the user's computer by a browser. A cookie is primarily used to store information about a user during or after their visit to an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term cookies also includes other technologies that perform the same functions as cookies (e.g. if user information is stored using pseudonymous online identifiers, also known as "user IDs")

A distinction is made between the following types of cookies and functions:

• Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
• Permanent cookies: Permanent cookies are saved even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. The interests of users who are used to measure reach or for marketing purposes can also be stored in such a cookie.
  
• First-party cookies: We set first-party cookies ourselves.
• Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
• Necessary (also: essential or absolutely necessary) cookies: Cookies can on the one hand be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for security reasons).
• Statistics, marketing and personalization cookies: In addition, cookies are usually also used in the context of range measurement and when the interests of a user or his behavior (e.g. viewing certain content, use of functions, etc.) on individual websites in a user profile get saved. Such profiles are used to show users, for example, content that corresponds to their potential interests. This process is also known as "tracking", i.e. following up the potential interests of users. Insofar as we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

Notes on legal bases: The legal basis on which we process your personal data with the help of cookies depends on whether we ask for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offer and its improvement) or, if the use of cookies is necessary, to fulfill our contractual obligations.

Storage duration: If we do not provide you with any explicit information on the storage duration of permanent cookies (e.g. as part of a so-called cookie opt-in), please assume that the storage duration can be up to two years.

General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data using cookie technologies ( collectively referred to as "opt-out"). You can first explain your objection using the settings of your browser, e.g. by deactivating the use of cookies (which can also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared using a variety of services, especially in the case of tracking, via the websites optout.aboutads.info and www.youronlinechoices.com will. In addition, you can receive further objection notices in the context of the information on the service providers and cookies used.

Processing of cookie data on the basis of consent: We use a procedure for cookie consent management, in the context of which the consent of the user to the use of cookies or the processing mentioned in the context of the cookie consent management procedure and providers can be obtained and managed and revoked by users. The declaration of consent is saved in order not to have to repeat the query again and to be able to prove the consent in accordance with the legal obligation. The storage can take place on the server side and / or in a cookie (so-called opt-in cookie, or with the help of comparable technologies) in order to be able to assign the consent to a user or his device. Subject to individual information on the providers of cookie management services, the following information applies: The duration of the storage of the consent can be up to two years. A pseudonymous user identifier is created and stored with the time of consent, information on the scope of the consent (e.g. which categories of cookies and / or service providers) as well as the browser, system and end device used.

• Processed data types: usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).
• Affected persons: users (e.g. website visitors, users of online services).
• Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Provision of the online offer and web hosting

In order to be able to provide our online offer safely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we can use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.

The data processed as part of the provision of the hosting offer can include all information relating to the users of our online offer that is generated in the context of use and communication. This regularly includes the IP address, which is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or from websites.

E-mail dispatch and hosting: The web hosting services we use also include the dispatch, receipt and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as other information relating to the sending of e-mails (e.g. the providers involved) and the content of the respective e-mails are processed. The aforementioned data can also be processed for the purpose of recognizing SPAM. We ask you to note that e-mails on the Internet are generally not sent in encrypted form. As a rule, e-mails are encrypted on the transport route, but (if no so-called end-to-end encryption method is used) not on the servers from which they are sent and received. We cannot therefore accept any responsibility for the transmission path of the e-mails between the sender and the receipt on our server.

Collection of access data and log files: We (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the websites and files accessed, 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) and, as a rule, IP Addresses and the requesting provider belong.

The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of improper attacks, so-called DDoS attacks) and on the other hand to ensure the load on the servers and their stability.

• Processed data types: content data (e.g. entries in online forms), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).
• Affected persons: users (e.g. website visitors, users of online services).
• Purpose of processing: Provision of our online offer and user-friendliness.
• Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Used services and service providers:

• ALL-INKL: Services in the field of providing information technology infrastructure and related services (e.g. storage space and / or computing capacity); Service provider: ALL-INKL.COM - Neue Medien Münnich, owner: René Münnich, Hauptstraße 68, 02742 Friedersdorf, Germany; Website: all-inkl.com; Data protection declaration: all-inkl.com/datenschutzinformationen.

Web analysis, monitoring and optimization

The web analysis (also known as "range measurement") is used to evaluate the flow of visitors to our online offer and can include behavior, interests or demographic information about the visitors, such as age or gender, as pseudonymous values. With the help of the range analysis, we can, for example, recognize at which time our online offer or its functions or content are used most often or invite you to reuse. We can also understand which areas need optimization.

In addition to web analysis, we can also use test procedures, e.g. to test and optimize different versions of our online offer or its components.

For these purposes, so-called user profiles can be created and stored in a file (so-called "cookie") or similar processes can be used for the same purpose. This information may include content viewed, websites visited and elements and technical information used there, such as the browser used, the computer system used and information on times of use. If users have consented to their location data being collected, this can also be processed, depending on the provider.

The IP addresses of the users are also saved. However, we use an IP masking process (i.e. pseudonymization by shortening the IP address) to protect users. In general, no clear user data (such as e-mail addresses or names) are stored in the context of web analysis, A / B testing and optimization, but pseudonyms. This means that we and the providers of the software used do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective procedures.

Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, user data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would like to draw your attention to the information on the use of cookies in this data protection declaration.

• Processed data types: usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).
• Affected persons: users (e.g. website visitors, users of online services).
• Purposes of processing: Range measurement (e.g. access statistics, recognition of returning visitors), profiles with user-related information (creation of user profiles).
• Security measures: IP masking (pseudonymization of the IP address).
• Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR).

Used services and service providers:

• Complianz—The Privacy Suite for WordPress: This website uses the Privacy Suite for WordPress by Complianz to collect and record Browser and Device-based Consent. For this functionality, your IP address is anonymized and stored in our database. This service does not process any personally identifiable information and does not share any data with the service provider. For more information, see the Complianz Privacy Statement.
• Matomo—Matomo, formerly Piwik, is an open source tool that allows companies to study user behavior on their website. For this purpose, the open source software creates detailed statistics, among other things, on search engines used, search terms, browsers and user origin. Matomo is one of the best-known tracking tools alongside Google Analytics. In a direct comparison, however, Matomo is a privacy-sensitive alternative to Google Analytics. For more information, see Matomo Privacy Policy.

Change and update of 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 the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this data protection declaration, please note that the addresses may change over time and ask you to check the information before contacting us.

Rights of data subjects

As a data subject, you have various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

• Right of objection: You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
  
• Right to withdraw consent: You have the right to withdraw your consent at any time.
  
• Right to information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.
  
• Right to correction: In accordance with the legal requirements, you have the right to request the completion of the data relating to you or the correction of incorrect data relating to you.
  
• Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data relating to you be deleted immediately or, alternatively, to request a restriction on the processing of the data in accordance with the legal requirements.
  
• Right to data portability: You have the right to receive data concerning you that you have provided to us in accordance with the legal requirements in a structured, common and machine-readable format or to request that it be transmitted to another person responsible.
  
• Complaint to the 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 habitual residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of the data concerns you personal data violates the requirements of the GDPR.

Definitions of terms

This section gives you an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and primarily defined in Art. 4 GDPR. The legal definitions are binding. In contrast, the following explanations are primarily intended to aid understanding. The terms are sorted alphabetically.

• IP masking: "IP masking" is a method in which the last octet, ie the last two digits of an IP address, is deleted so that the IP address can no longer be used to uniquely identify a person. Therefore, IP masking is a means of pseudonymising processing methods, especially in online marketing.
• Personal data: "Personal data" are all information that relates to an identified or identifiable natural person (hereinafter "data subject"); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
• Profiles with user-related information: The processing of "profiles with user-related information", or "profiles" for short includes any type of automated processing of personal data, which consists in the fact that this personal data is used to determine certain personal aspects that relate to a natural person (depending on the type of profile creation, different information regarding demographics, behavior and interests, such as the interaction with websites and their content, etc.) can be analyzed, evaluated or predicted (e.g. interests in certain Content or products, the click behavior on a website or the whereabouts). Cookies and web beacons are often used for profiling purposes.
  
• Reach measurement: Reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offer and can include the behavior or interests of visitors in certain information, such as the content of websites. With the help of the reach analysis, website owners can see, for example, at what time visitors visit their website and what content they are interested in. This enables you, for example, to better adapt the content of the website to the needs of your visitors. For the purpose of range analysis, pseudonymous cookies and web beacons are often used to recognize returning visitors and thus to receive more precise analyzes of the use of an online offer.
  
• Responsible: "Responsible" is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
  
• Processing: "Processing" is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data, be it the collection, the evaluation, the storage, the transmission or the deletion.