Privacy Policy
This Privacy Policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and its 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 terminology used, such as “processing” or “controller,” we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Controller
talkREAL UG (haftungsbeschränkt)
Rembrandtstr. 7
65527 Niedernhausen
Germany
Represented by:
Christian Roth (Managing Director)
Contact:
Phone: +49 151 70 18 32 18
This is a mobile number on the D1 network. Corresponding mobile phone charges may apply.
Email: info@talkreal.org
Note: Please use the contact form to get in touch!
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact data (e.g., email, phone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Purpose of Processing
– Provision of the online offering, its functions, and content.
– Responding to contact requests and communicating with users.
– Security measures.
– Reach measurement/Marketing
Terminology Used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie), or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.
“Controller” means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
Relevant Legal Bases
In accordance with Art. 13 GDPR, we 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 Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the execution of contractual measures as well as responding to inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect 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.
Security Measures
We ask you to regularly inform yourself about the content of our privacy policy. We adapt the privacy policy as soon as the changes in the data processing we carry out make it necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g., consent) or other individual notification.
Cooperation with Processors and Third Parties
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit 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 a transfer of the data to third parties, such as payment service providers, is required for the performance of the contract pursuant to Art. 6 para. 1 lit. b GDPR), you have consented, a legal obligation provides for this, or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “data processing agreement,” this is done on the basis of Art. 28 GDPR.
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 third-party services or disclosing or transferring data to third parties, this will only be done if it is to fulfill 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 process or have the data processed in a third country only if the special requirements of Art. 44 et seq. GDPR are met. This means, for example, that the processing is carried out on the basis of special guarantees, such as the officially recognized 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 recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of Data Subjects
You have the right to request confirmation as to whether the data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have the right, in accordance with Art. 16 GDPR, to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction on the processing of the data.
You have the right to request to receive the data concerning you, which you have provided to us, in accordance with Art. 20 GDPR and to demand its transmission to other controllers.
Furthermore, pursuant to Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
Right of Revocation
You have the right to revoke consent granted pursuant to Art. 7 para. 3 GDPR with effect for the future.
Right to Object
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct marketing purposes.
Cookies and Right to Object to Direct Marketing
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For example, the login status can be saved if users visit the site after several days. Likewise, the interests of users can be stored in such a cookie, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online offering (otherwise, if it is only their cookies, they are called “first-party cookies”).
We may use temporary and permanent cookies and clarify this in our privacy policy.
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 can lead to functional restrictions of this online offering.
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 site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that you may not be able to use all the functions of this online offering.
Erasure of Data
The data processed by us will be deleted or its processing restricted in accordance with Art. 17 and 18 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 the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means 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.
According to legal requirements in Germany, retention is carried out in particular for 10 years pursuant to §§ 147 para. 1 AO, 257 para. 1 Nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years pursuant to § 257 para. 1 Nos. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, retention is carried out in particular for 7 years pursuant to § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, vouchers, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents related to electronically supplied services, telecommunications, broadcasting, and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Business-Related Processing
Additionally, we process…
- Contract data (e.g., subject matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
from our customers, prospects, and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising, and market research.
Hosting
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services that we use for the purpose of operating this online offering.
Here, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospects, and visitors to this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering pursuant to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
Collection of Access Data and Log Files
We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR. The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.
Log file information is stored for security reasons (e.g., to investigate abuse or fraud) for a maximum of 7 days and then deleted. Data whose further retention is required for evidentiary purposes is exempt from deletion until the final clarification of the respective incident.
Order Processing in the Online Shop and Customer Account
We process our customers’ data as part of the ordering processes in our online shop to enable them to select and order the chosen products and services, as well as their payment and delivery or execution. In this context, we use our own solution that forgoes a classic shopping cart system to make purchasing our services as simple as possible for you.
Our services can be purchased at portal.talkreal.org and portal.talkreal.org.
The processed data includes inventory data, communication data, contract data, payment data, and the data subjects affected by the processing include our customers, prospects, and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online shop, billing, delivery, and customer services. We use session cookies to store various content necessary for providing the offer and permanent cookies to store the login status.
The processing is based on Art. 6 para. 1 lit. b (execution of order processes) and c (legally required archiving) GDPR. The information marked as required is necessary for the establishment and fulfillment of the contract. We only disclose the data to third parties within the scope of delivery, payment, or within the framework of legal permissions and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g., at the customer’s request upon delivery or payment).
Users can optionally create a user account, in which they can, in particular, view their orders. During registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention being necessary for commercial or tax law reasons pursuant to Art. 6 para. 1 lit. c GDPR. Information in the customer account remains until its deletion with subsequent archiving in the case of a legal obligation. It is the responsibility of the users to back up their data before the end of the contract if they have terminated it.
Within the scope of registration and new logins as well as the use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as those of the user, in protection against misuse and other unauthorized use. This data is generally not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c GDPR.
The deletion takes place after the expiry of statutory warranty and comparable obligations; the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).
Provision of Contractual Services
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 pursuant to Art. 6 para. 1 lit. b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
Within the scope of using our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as those of the user, in protection against misuse and other unauthorized use. This data is generally not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c GDPR.
We process usage data (e.g., the visited web pages of our online offering, 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, for example, display product information to the user based on the services they have previously used.
The deletion of the data takes place after the expiry of statutory warranty and comparable obligations; the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry. Information in any customer account remains until its deletion.
Data Protection Information in the Application Process
We process applicant data only for the purpose and within the scope of the application process in accordance with legal requirements. The processing of applicant data is carried out to fulfill our (pre)contractual obligations within the application process within the meaning of Art. 6 para. 1 lit. b. GDPR Art. 6 para. 1 lit. f. GDPR, insofar as data processing becomes necessary for us, e.g., in the context of legal proceedings (in Germany, § 26 BDSG also applies).
The application process requires applicants to provide us with their applicant data. The necessary applicant data are, if we offer an online form, marked, otherwise they result from the job descriptions and generally include personal details, postal and contact addresses, and the documents belonging to the application, such as cover letter, curriculum vitae, and certificates. In addition, applicants can voluntarily provide us with additional information.
By submitting their application to us, applicants agree to the processing of their data for the purposes of the application process in the manner and scope set out in this privacy policy.
Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR are voluntarily communicated within the application process, their processing is additionally carried out in accordance with Art. 9 para. 2 lit. b GDPR (e.g., health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 para. 1 GDPR are requested from applicants in the application process, their processing is additionally carried out in accordance with Art. 9 para. 2 lit. a GDPR (e.g., health data, if these are necessary for the exercise of the profession).
If provided, applicants can submit their applications to us via an online form on our website. The data is transmitted to us encrypted according to the state of the art.
Furthermore, applicants can submit their applications to us via e-mail. However, we ask you to note that e-mails are generally not sent in encrypted form and the applicants themselves must ensure encryption. We can therefore assume no responsibility for the transmission path of the application between the sender and the reception on our server and therefore recommend using an online form or postal delivery. Instead of applying via the online form and e-mail, applicants still have the option of sending us the application by post.
The data provided by the applicants may be further processed by us for the purposes of the employment relationship in the event of a successful application. Otherwise, if the application for a job offer is not successful, the applicants’ data will be deleted. The applicants’ data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time.
The deletion will take place, subject to a legitimate revocation by the applicants, after a period of six months, so that we can answer any follow-up questions about the application and meet our obligations to provide evidence under the General Equal Treatment Act. Invoices for any travel expense reimbursement will be archived in accordance with tax law requirements.
Amazon Affiliate Program
On the basis of our legitimate interests (i.e., interest in the economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we are a participant in the Amazon EU Associates Programme, which was designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.de (so-called affiliate system). Amazon uses cookies to track the origin of orders. Among other things, Amazon can recognize that you have clicked the partner link on this website and subsequently purchased a product from Amazon.
Further information on data use by Amazon and opt-out options can be found in the company’s privacy policy: http://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401.
AWIN Affiliate Program
On the basis of our legitimate interests (i.e., interest in the economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we are a participant in the affiliate program of AWIN AG, which was designed to provide a medium for websites to earn advertising fees by placing advertisements and links to AWIN (so-called affiliate system). AWIN uses cookies to track the origin of orders. Among other things, AWIN can recognize that you have clicked the partner link on this website and subsequently purchased a product from one of the affiliated partners.
Further information on data use by AWIN and opt-out options can be found in the overview of the legal conditions at AWIN at https://www.awin.com/de/rechtliches. The company’s privacy policy can be found at: https://www.awin.com/de/rechtliches/privacy-policy
Other Affiliate Programs
On the basis of our legitimate interests (i.e., interest in the economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we are participants in other affiliate programs. These are:
Advertising fees can be earned by placing advertisements and links to the aforementioned portals (so-called affiliate system). The respective provider uses cookies to track the origin of the orders. Among other things, the provider can recognize that you have clicked the partner link on this website and subsequently purchased a product from one of the affiliated partners.
We will update the aforementioned list should new affiliate programs be added. In this context, we would like to ask you to visit this page to inform yourself about the current partnerships.
Further information on the data usage of the mentioned partners and opt-out options can be found in the overview of the legal conditions of the respective affiliate program. The links in the list will take you there with a simple click.
Registration Function
Users can optionally create a user account. During registration, the required mandatory information is communicated to the users. The data entered during registration will be used for the purposes of using the offer. Users may be informed by email about information relevant to the offer or registration, such as changes in the scope of the offer or technical circumstances. If users have terminated their user account, their data relating to the user account will be deleted, subject to their retention being necessary for commercial or tax law reasons in accordance with Art. 6 para. 1 lit. c GDPR. It is the responsibility of the users to back up their data before the end of the contract if they have terminated it. We are entitled to irretrievably delete all of the user’s data stored during the contract period.
Within the scope of using our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as those of the user, in protection against misuse and other unauthorized use. This data is generally not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.
Contact
When contacting us (e.g., via contact form, email, telephone, or social media), 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) GDPR. The user’s details can be stored in a Customer Relationship Management system (“CRM system”) or comparable inquiry organization.
We delete the requests if they are no longer necessary. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
Comments and Contributions
When users leave comments or other contributions, their IP addresses may be stored for 7 days on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR. This is done for our security, in case someone leaves illegal content in comments and contributions (insults, forbidden political propaganda, etc.). In this case, we can be prosecuted for the comment or contribution ourselves and are therefore interested in the identity of the author.
Furthermore, we reserve the right, on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. GDPR, to process user data for the purpose of spam detection.
Comment Subscriptions
Follow-up comments can be subscribed to by users with their consent pursuant to Art. 6 para. 1 lit. a GDPR. Users will receive a confirmation email to verify that they are the owner of the email address provided. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on the right to withdraw consent. For the purpose of proving the users’ consent, we store the registration time along with the users’ IP address and delete this information when users unsubscribe from the subscription.
You can cancel the receipt of our subscription at any time, i.e., revoke your consent. We may store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before we delete them, in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
Retrieval of Profile Pictures from Gravatar
Within our online offering and especially in the blog, we use the Gravatar service of Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA.
Gravatar is a service where users can register and store profile pictures and their email addresses. If users leave posts or comments on other online presences (especially in blogs) with the respective email address, their profile pictures can be displayed next to the posts or comments. For this purpose, the email address provided by the users is transmitted encrypted to Gravatar for the purpose of checking whether a profile is stored for it. This is the sole purpose of transmitting the email address, and it is not used for other purposes, but is deleted afterwards.
The use of Gravatar is based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f) GDPR, as we offer post and comment authors the opportunity to personalize their contributions with a profile picture with the help of Gravatar.
By displaying the images, Gravatar learns the IP address of the users, as this is necessary for communication between a browser and an online service. More detailed information on the collection and use of data by Gravatar can be found in Automattic’s privacy policy: https://automattic.com/privacy/.
If users do not want a user picture linked to their email address at Gravatar to appear in the comments, they should use an email address for commenting that is not stored at Gravatar. We also point out that it is also possible to use an anonymous or no email address at all if users do not want their own email address to be sent to Gravatar. Users can completely prevent the transfer of data by not using our comment system.
Newsletter
With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch, and statistical evaluation procedure, and your rights of objection. By subscribing to our newsletter, you agree to its receipt and the described procedures.
Content of the newsletter: We send newsletters, e-mails, and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described during registration, they are decisive for the users’ consent. Otherwise, our newsletters contain information about our services and us.
Double-Opt-In and logging: The registration for our newsletter is done in a so-called double-opt-in procedure. This means that after registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can register with other people’s e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes storing the registration and confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider are logged.
Registration data: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to provide a name for personal address in the newsletter. Any further queries, for example about the foreign language to be learned, are collected in order to send you relevant information.
Germany: The dispatch of the newsletter and the associated performance measurement is based on the consent of the recipients pursuant to Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 No. 3 UWG or on the basis of the legal permission pursuant to § 7 para. 3 UWG.
The logging of the registration process is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of the users and also allows us to prove consent.
Cancellation/Revocation – You can cancel the receipt of our newsletter at any time, i.e., revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before we delete them, in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
We use the following providers.
Use of the shipping service provider “ActiveCampaign”
The newsletter is sent via “Activecampaign”, a newsletter dispatch platform of the US provider ActiveCampaign, LLC, 150 N. Michigan Ave Suite 1230, Chicago, IL, US, USA.
The e-mail addresses of our newsletter recipients, as well as their other data described in this notice, are stored on the servers of ActiveCampaign in the USA. ActiveCampaign uses this information to send and evaluate the newsletter on our behalf. Furthermore, ActiveCampaign can use this data according to its own information to optimize or improve its own services, e.g., for the technical optimization of the dispatch and the presentation of the newsletter or for economic purposes to determine from which countries the recipients come. However, ActiveCampaign does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
We trust in the reliability and the IT and data security of ActiveCampaign. ActiveCampaign is certified under the EU-US Privacy Shield and is thus committed to complying with EU data protection regulations. ActiveCampaign’s privacy policy can be found here. Additionally, ActiveCampaign protects our newsletter subscribers with a comprehensive Anti-Spam Policy.
Registration Data
To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to provide your first and last name as well as the corresponding target language to be learned. This information is used solely for personalizing the newsletter. Furthermore, we also ask you to optionally provide your date of birth, gender, and the purpose of learning the language. We only use this information to adapt the content of the newsletter to the interests of our readers.
Statistical Collection and Analyses
The newsletters contain a so-called “web beacon,” i.e., a pixel-sized file that is retrieved from the ActiveCampaign server when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval, are first collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times.
Statistical surveys also include determining whether the newsletters are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our endeavor, nor that of ActiveCampaign, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
Online Access and Data Management
There are cases in which we direct the newsletter recipients to the websites of ActiveCampaign. For example, our newsletters contain a link with which the newsletter recipients can call up the newsletters online (e.g., in case of display problems in the e-mail program). Furthermore, newsletter recipients can correct their data, such as the e-mail address, afterwards. Likewise, the privacy policy of ActiveCampaign is only available on their site.
In this context, we point out that cookies are used on the websites of ActiveCampaign and thus personal data are processed by ActiveCampaign, its partners, and used service providers (e.g., Analytics). We have no influence on this data collection. We also draw your attention to the possibilities of objecting to data collection for advertising purposes on the websites https://www.aboutads.info/choices/ and https://www.youronlinechoices.com/ (for the European area).
Cancellation/Revocation
You can cancel the receipt of our newsletter at any time, i.e., revoke your consent. This will also simultaneously extinguish your consent to its dispatch via ActiveCampaign and the statistical analyses. A separate revocation of the dispatch via ActiveCampaign or the statistical evaluation is not possible. You will find a link to cancel the newsletter at the end of each newsletter.
Use of the shipping service provider “MailChimp”
The newsletter may also be sent via the shipping service provider “MailChimp,” a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The privacy policy of the shipping service provider can be viewed here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thus offers a guarantee to comply with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR and a data processing agreement pursuant to Art. 28 para. 3 S. 1 GDPR.
The shipping service provider may use the recipients’ data in pseudonymous form, i.e., without assignment to a user, to optimize or improve its own services (e.g., for technical optimization of dispatch and presentation of the newsletter or for statistical purposes). However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
Use of the shipping service provider “MAILGUN”
System-side messages (e.g., double opt-in or password reset) are sent via the shipping service provider Mailgun, Inc. (Mailgun, Inc., 620 Folsom St, Ste 100 San Francisco, CA 94107 United States of America). The privacy policy of the shipping service provider can be viewed here: https://www.mailgun.com/privacy-policy. The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR and a data processing agreement pursuant to Art. 28 para. 3 S. 1 GDPR.
The shipping service provider may use the recipients’ data in pseudonymous form, i.e., without assignment to a user, to optimize or improve its own services (e.g., for technical optimization of dispatch and presentation of the newsletter or for statistical purposes). However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
Newsletter – Performance Measurement
The following also applies to MailChimp and Mailgun: The newsletters contain a so-called “web beacon,” i.e., a pixel-sized file that is retrieved from our server, or if we use a shipping service provider, from their server when the newsletter is opened. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of retrieval, are first collected.
This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times. Statistical surveys also include determining whether the newsletters are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our endeavor, nor, if used, that of the shipping service provider, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
Google Analytics
On the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we use Google Analytics, a web analysis service of Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offering by the users is usually transmitted to a Google server in the USA and stored there.
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).
Google will use this information on our behalf to evaluate the use of our online offering by users, to compile reports on the activities within this online offering, and to provide us with other services related to the use of this online offering and the internet. In doing so, pseudonymous user profiles can be created from the processed data.
We only use Google Analytics with IP anonymization activated. This means that the IP address of the users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offering to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Further information on data use by Google, setting and objection options, can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).
The personal data of users will be deleted or anonymized after 14 months.
Google Re/Marketing Services
On the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we use the marketing and remarketing services (short “Google Marketing Services”) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
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).
Google Marketing Services allow us to display ads for and on our website more targetedly, in order to present users only with ads that potentially match their interests. If a user is shown ads for products they have been interested in on other websites, this is called “remarketing.” For these purposes, when our and other websites on which Google Marketing Services are active are accessed, a code is executed directly by Google, and so-called (re)marketing tags (invisible graphics or code, also known as “web beacons”) are integrated into 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, which content they are interested in, and which offers they have clicked, as well as technical information about the browser and operating system, referring websites, visit time, and other information about the use of the online offering. The IP address of the users is also collected, whereby we state 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 transmitted in full to a Google server in the USA and shortened there. The IP address is not merged with user data from other Google services. The aforementioned information can also be combined by Google with such information from other sources. If the user subsequently visits other websites, ads tailored to their interests can be displayed.
The data of the users are processed pseudonymously within the Google Marketing Services. This means that Google does not store and process, for example, the name or e-mail address of the users, but processes the relevant data in a cookie-related manner within pseudonymous user profiles. This means that from Google’s perspective, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected by Google Marketing Services about users is transmitted to Google and stored on Google’s servers in the USA.
Among the Google Marketing Services we use is 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 across the websites of AdWords customers. The information collected with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that personally identifies users.
We may use the Google Marketing Service “AdSense” to integrate third-party advertisements. AdSense uses cookies that enable Google and its partner websites to serve ads based on users’ visits to this site or other sites on the Internet.
Furthermore, we may use the “Google Tag Manager” to integrate and manage Google analysis and marketing services on our website.
Further information on data use for marketing purposes by Google can be found on the overview page: https://www.google.com/policies/technologies/ads, Google’s privacy policy is available at https://www.google.com/policies/privacy.
If you wish to object to interest-based advertising by Google Marketing Services, you can use the setting and opt-out options provided by Google: http://www.google.com/ads/preferences.
Privacy Policy for the Use of HubSpot
For certain interactions, such as a newsletter subscription, certain data queries are necessary (name, e-mail address). This data and any other voluntary information are collected, stored, and used to provide the service. Our newsletter allows you to learn more about us and our services and to download content. For this purpose, we receive your contact information (and other voluntarily provided information). This data is stored on the servers of our software partner HubSpot. It can be used by us to get in touch with you and to determine which services of talkREAL UG (haftungsbeschränkt) are of interest to you. All information we collect is subject to this privacy policy.
HubSpot is a software company from the USA with a branch in Ireland.
Contact: HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland, Phone: +353 1 5187500. HubSpot is subject to TRUSTe’s Privacy Seal and the U.S. – EU Safe Harbor Framework and the U.S. – Swiss Safe Harbor Framework.
You can view HubSpot’s privacy policy at http://www.hubspot.com/legal/privacy-policy.
Your personal data will only be passed on to third parties with your express consent, unless we are obliged to do so by court order or in the context of criminal prosecution.
Hotjar
We use Hotjar to better understand the needs of our users and to optimize the offering on this website. With the help of Hotjar’s technology, we get a better understanding of our users’ experiences (e.g., how much time users spend on which pages, which links they click, what they like and what they don’t, etc.), and this helps us to align our offering with our users’ feedback. Hotjar uses cookies and other technologies to collect information about the behavior of our users and their devices (in particular, the device’s IP address (is only collected and stored in an anonymized form), screen size, device type (Unique Device Identifiers), information about the browser used, location (country only), preferred language for displaying our website). Hotjar stores this information in a pseudonymized user profile. The information is not used by Hotjar or by us to identify individual users or merged with other data about individual users. For more information, please see Hotjar’s privacy policy here.
You can object to the storage of a user profile and information about your visit to our website by Hotjar, as well as the setting of Hotjar tracking cookies on other websites, by clicking on this opt-out link.
Facebook Pixel, Custom Audiences, and Facebook Conversion
Within our online offering, based on our legitimate interests in analysis, optimization, and economic operation of our online offering, and for these purposes, 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 a resident of the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used.
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).
With the help of the Facebook Pixel, it is possible for Facebook, on the one hand, to determine the visitors of our online offering as a target group for the display of advertisements (so-called “Facebook Ads”). Accordingly, we use the Facebook Pixel to display the Facebook Ads placed by us only to those Facebook users who have also shown an interest in our online offering 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 are not 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 were redirected to our website after clicking on a Facebook ad (so-called “conversion”).
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 can be found in Facebook’s 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 section of Facebook: https://www.facebook.com/business/help/651294705016616.
You can object to the collection by the Facebook Pixel and the use of your data for the display of Facebook Ads. To set which types of ads are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e., they are adopted for all devices, such as desktop computers or mobile devices.
You can also 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 the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
Online Presence in Social Media
We maintain an online presence within social networks and platforms in order to communicate with the customers, prospects, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g., write posts on our online presences or send us messages.
Integration of Third-Party Services and Content
Within our online offering, based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we use content or service offers from third-party providers 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 could not send the content to their browser without the IP address. The IP address is therefore required for the display of this content. We strive to use only such 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. The “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, as well as being linked to such information from other sources.
Vimeo
We may embed videos from the “Vimeo” platform of the provider Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy Policy: https://vimeo.com/privacy. We point out that Vimeo may use Google Analytics and refer to the privacy policy (https://www.google.com/policies/privacy) as well as opt-out options for Google Analytics (http://tools.google.com/dlpage/gaoptout?hl=en) or Google’s settings for data use for marketing purposes (https://adssettings.google.com/).
Youtube
We embed videos from the “YouTube” platform of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Google Fonts
We embed the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Google ReCaptcha
We embed the function for detecting bots, e.g., for entries in online forms (“ReCaptcha”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Google Maps
We embed the maps of the “Google Maps” service of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (usually executed within the settings of their mobile devices). The data may be processed in the USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Use of Facebook Social Plugins
On the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR), we use 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 represent interaction elements or content (e.g., videos, graphics, or text contributions) and are recognizable by one of the Facebook logos (white “f” on a blue tile, the terms “Like”, “Gefällt mir,” 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/.
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).
When a user accesses a function of this online offering that contains such a plugin, their 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 by it into the online offering. In the process, user profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform the users according to our level of knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offering. If the user is logged into Facebook, Facebook can assign the visit to their Facebook account. When users interact with the plugins, for example by pressing the Like button or leaving a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and store their IP address. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and settings options for protecting the privacy of users, can be found in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about them via this online offering and link it to their member data stored on Facebook, they must log out of Facebook before using our online offering and delete their 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 page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e., they are adopted for all devices, such as desktop computers or mobile devices.
Within our online offering, functions and content of the Twitter service, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, may be integrated. This may include, for example, content such as images, videos, or texts and buttons with which users can express their approval of the content, subscribe to the authors of the content, or our posts. If the users are members of the Twitter platform, Twitter can assign the access of the above-mentioned content and functions to the users’ profiles there. Twitter 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=a2zt0000000TORzAAO&status=Active). Privacy Policy: https://twitter.com/en/privacy, Opt-Out: https://twitter.com/personalization.
Within our online offering, functions and content of the Instagram service, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, may be integrated. This may include, for example, content such as images, videos, or texts and buttons with which users can express their approval of the content, subscribe to the authors of the content, or our posts. If the users are members of the Instagram platform, Instagram can assign the access of the above-mentioned content and functions to the users’ profiles there. Instagram’s Privacy Policy: http://instagram.com/about/legal/privacy/.
Within our online offering, functions and content of the Pinterest service, offered by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA, may be integrated. This may include, for example, content such as images, videos, or texts and buttons with which users can express their approval of the content, subscribe to the authors of the content, or our posts. If the users are members of the Pinterest platform, Pinterest can assign the access of the above-mentioned content and functions to the users’ profiles there. Pinterest’s Privacy Policy: https://about.pinterest.com/en/privacy-policy.
Within our online offering, functions and content of the Xing service, offered by XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany, may be integrated. This may include, for example, content such as images, videos, or texts and buttons with which users can express their approval of the content, subscribe to the authors of the content, or our posts. If the users are members of the Xing platform, Xing can assign the access of the above-mentioned content and functions to the users’ profiles there. Xing’s Privacy Policy: https://www.xing.com/app/share?op=data_protection.
Within our online offering, functions and content of the LinkedIn service, offered by LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland, may be integrated. This may include, for example, content such as images, videos, or texts and buttons with which users can express their approval of the content, subscribe to the authors of the content, or our posts. If the users are members of the LinkedIn platform, LinkedIn can assign the access of the above-mentioned content and functions to the users’ profiles there. LinkedIn’s Privacy Policy: https://www.linkedin.com/legal/privacy-policy. LinkedIn 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=a2zt0000000L0UZAA0&status=Active). Privacy Policy: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
Created with Datenschutz-Generator.de by Dr. Thomas Schwenke, Attorney at Law