Privacy Policy
Information on Data Protection
With this data protection notice, we inform you about our handling of your personal data and about your rights under the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
The controller responsible for data processing is Moin Marketing GmbH (hereinafter referred to as “we” or “us”).
I. General Information
1. Contact
If you have any questions or suggestions regarding this information or wish to contact us to assert your rights, please send your request to:
Moin Marketing GmbH
Alter Teichweg 25
22081 Hamburg
Tel. 040-226 09 717
Email: info@moin-marketing.com
2. Legal Bases
The data protection term “personal data” refers to all information relating to a specific or identifiable person. We process personal data in compliance with the relevant data protection regulations, in particular the GDPR and the BDSG. Data processing by us only takes place on the basis of a legal permission. We process personal data only with your consent (§ 25 para. 1 TDDDG or Art. 6 para. 1 lit. a GDPR), for the performance of a contract to which you are a party or at your request for the implementation of pre-contractual measures (Art. 6 para. 1 lit. b GDPR), for compliance with a legal obligation (Art. 6 para. 1 lit. c GDPR) or if the processing is necessary for the purposes of our legitimate interests or the legitimate interests of a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data (Art. 6 para. 1 lit. f GDPR).
If you apply for a vacant position in our company, we also process your personal data for the decision on the establishment of an employment relationship (§ 26 para. 1 S. 1 BDSG or Art. 6 para. 1 lit. b GDPR).
3. Duration of Storage
Unless otherwise stated in the following notes, we store the data only as long as is necessary to achieve the processing purpose or for the fulfillment of our contractual or legal obligations. Such legal retention obligations may arise in particular from commercial or tax law regulations. From the end of the calendar year in which the data was collected, we will retain such personal data contained in our accounting data for ten years and personal data contained in commercial letters and contracts for six years. In addition, we will retain data in connection with consents requiring proof as well as with complaints and claims for the duration of the statutory limitation periods. We will delete data stored for advertising purposes if you object to the processing for this purpose.
4. Categories of Data Recipients
We use processors in the course of processing your data. Processing operations carried out by such processors include, for example, hosting, email dispatch, maintenance and support of IT systems, customer and order management, order processing, accounting and billing, marketing measures or file and data carrier destruction. A processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller. Processors do not use the data for their own purposes, but carry out data processing exclusively for the controller and are contractually obliged to ensure appropriate technical and organizational measures for data protection. In addition, we may transfer your personal data to bodies such as our house bank, tax consulting/auditing company or the tax authorities. Further recipients may result from the following notes.
5. Data Transfer to Third Countries
Our data processing may involve the transfer of certain personal data to third countries, i.e. countries where the GDPR is not applicable law. Such a transfer takes place in a permissible manner if the European Commission has determined that an adequate level of data protection is provided in such a third country. If such an adequacy decision by the European Commission does not exist, a transfer of personal data to a third country only takes place if there are appropriate safeguards pursuant to Art. 46 GDPR or if one of the conditions of Art. 49 GDPR is met. Unless an adequacy decision exists and nothing else is stated below, we use the EU standard data protection clauses as appropriate safeguards for the transfer of personal data to third countries. You have the possibility to obtain a copy of these EU standard data protection clauses or to inspect them. To do so, please contact the address given under Contact. If you consent to the transfer of personal data to third countries, the transfer is based on the legal basis of Art. 49 para. 1 lit. a GDPR.
6. Processing when Exercising Your Rights
If you exercise your rights in accordance with Art. 15 to 22 GDPR, we process the transmitted personal data for the purpose of implementing these rights by us and to be able to provide proof thereof. For the purpose of providing information and its preparation, we will only process stored data for this purpose and for purposes of data protection control and otherwise restrict processing in accordance with Art. 18 GDPR. This processing is based on the legal basis of Art. 6 para. 1 lit. c GDPR in conjunction with Art. 15 to 22 GDPR and § 34 para. 2 BDSG.
7. Your Rights
As a data subject, you have the right to assert your data subject rights against us. In particular, you have the following rights:
- In accordance with Art. 15 GDPR and § 34 BDSG, you have the right to request information as to whether and, if so, to what extent we process personal data relating to you.
- You have the right to request that we correct your data in accordance with Art. 16 GDPR.
- You have the right to request that we delete your personal data in accordance with Art. 17 GDPR and § 35 BDSG.
- You have the right to have the processing of your personal data restricted in accordance with Art. 18 GDPR.
- You have the right, in accordance with Art. 20 GDPR, to receive the personal data concerning you, which you have provided to us, in a structured, common and machine-readable format and to transmit this data to another controller.
- If you have given us a separate consent to data processing, you can revoke this consent at any time in accordance with Art. 7 para. 3 GDPR. Such a revocation does not affect the lawfulness of the processing that has taken place on the basis of the consent until the revocation.
- If you are of the opinion that a processing of personal data concerning you violates the provisions of the GDPR, you have the right to complain to a supervisory authority in accordance with Art. 77 GDPR.
8. Right to Object
In accordance with Art. 21 para. 1 GDPR, you have the right to object to processing based on the legal basis of Art. 6 para. 1 lit. e or f GDPR for reasons arising from your particular situation. If we process personal data about you for the purpose of direct marketing, you can object to this processing pursuant to Art. 21 para. 2 and para. 3 GDPR.
9. Data Protection Officer
You can reach our data protection officer at the following contact details:
Herting Oberbeck Datenschutz GmbH
Hallerstr. 76, 20146 Hamburg
Email: datenschutzbeauftragter@moin-marketing.com
https://www.datenschutzkanzlei.de
II. Data Processing on our Website
When you use the website, we collect information that you provide yourself. In addition, during your visit to the website, certain information about your use of the website is automatically collected by us. In data protection law, the IP address is also generally considered to be personal data. An IP address is assigned to every device connected to the Internet by the Internet provider so that it can send and receive data.
1. Processing of Server Log Files
When using our website for purely informational purposes, general information that your browser transmits to our server is initially stored automatically (i.e. not via a registration). This includes by default: browser type/version, operating system used, page accessed, the previously visited page (referrer URL), IP address, date and time of the server request and HTTP status code. The processing is carried out to protect our legitimate interests and is based on the legal basis of Art. 6 para. 1 lit. f GDPR. This processing serves the technical administration and security of the website. The stored data will be deleted after seven days, unless there is a justified suspicion of unlawful use based on concrete indications and a further examination and processing of the information is necessary for this reason. We are not able to identify you as a data subject on the basis of the stored information. Art. 15 to 22 GDPR therefore do not apply pursuant to Art. 11 para. 2 GDPR, unless you provide additional information to exercise your rights set out in these articles that allows us to identify you.
2. Contact Options and Inquiries
Our website contains contact forms through which you can send us messages. The transfer of your data is encrypted (recognizable by the “https” in the address bar of the browser). All data fields marked as mandatory are required to process your request. Failure to provide them will result in us not being able to process your request. The provision of further data is voluntary. Alternatively, you can also send us a message via the contact email. We process the data for the purpose of answering your inquiry. If your inquiry is directed at the conclusion or performance of a contract with us, Art. 6 para. 1 lit. b GDPR is the legal basis for the data processing. Otherwise, we process the data on the basis of our legitimate interest in contacting inquiring persons. The legal basis for the data processing is then Art. 6 para. 1 lit. f GDPR.
3. Applications
You have the opportunity to apply for a job on our website in the jobs section. For this purpose, we collect personal data from you, which includes in particular your name, curriculum vitae, cover letter and other content provided by you. For the selection of our applications, we use the service provider join, of JOIN Solutions AG (Switzerland), who acts for us exclusively on our instructions in accordance with the legal requirements for order processing. Your personal application data will be processed exclusively for purposes related to your interest in a current or future employment with us and the processing of your application. Your application will only be processed and noted by the relevant contact persons at our company. All employees entrusted with data processing are obliged to maintain the confidentiality of your data. If we are unable to offer you employment, we will retain the data you have provided for up to six months after the end of the application process for the purpose of answering questions related to your application and rejection. This does not apply if legal provisions prevent deletion, if further storage is necessary for the purpose of providing evidence, or if you have expressly consented to longer storage. The legal basis for data collection is § 26 para. 1 S. 1 BDSG. Should we retain your applicant data for a period of more than six months and you have expressly consented to this, we would like to point out that this consent can be freely revoked at any time in accordance with Art. 7 para. 3 GDPR. Such a revocation does not affect the lawfulness of the processing that has taken place on the basis of the consent until the revocation.
4. Cookies
We use cookies and similar technologies (“Cookies”) on our website. Cookies are small data sets that are stored by your browser when you visit a website. This identifies the browser used and can be recognized by web servers. You have full control over the use of cookies through your browser. You can delete the cookies in the security settings of your browser at any time. You can object to the use of cookies through your browser settings in general or for specific cases. The use of cookies is partly technically necessary for the operation of our website and therefore permissible without the consent of the user. We may also use cookies to offer special features and content and for analysis and marketing purposes. These may also include cookies from third parties (so-called third-party cookies). We only use such technically unnecessary cookies with your consent in accordance with § 25 para. 1 TDDDG and, if applicable, Art. 6 para. 1 lit. a GDPR. Information on the purposes, providers, technologies used, stored data and the storage period of individual cookies can be found in the
cookie preferences of our Consent Management Tool.
5. Consent Management Tool
This website uses the Consent Management Tool Borlabs Cookies from Borlabs GmbH (Germany) to control cookies and the processing of personal data. The consent banner allows users of our website to give their consent to certain data processing processes or to revoke a given consent. By confirming the “I accept” button or by saving individual cookie settings, you agree to the use of the associated cookies. The legal basis under data protection law is your consent within the meaning of Art. 6 para. 1 lit. a GDPR. In addition, the banner helps us to be able to provide proof of the declaration of consent. For this purpose, we process information about the declaration of consent and further log data about this declaration. Cookies are also used to collect this data. The processing of this data is necessary to be able to prove that consent has been given. The legal basis arises from our legal obligation to document your consent (Art. 6 para. 1 lit. c in conjunction with Art. 7 para. 1 GDPR). Here you can revoke your consent for cookies at any time via the icon at the bottom left of our website.
6. Essential (Google Tag Manager)
We use the Google Tag Manager from the provider Google Ireland Limited (Ireland, EU) on our website. The Google Tag Manager is used to manage our website tags via an interface and ensures that other tags are triggered, which in turn may collect data without accessing this data themselves. The Google Tag Manager is a cookie-less domain to which the IP address is transmitted for technical reasons. If a deactivation has been made at the domain or cookie level, it remains in effect for all tracking tags that are implemented with Google Tag Manager. The processing of your data is based on Art. 6 para. 1 lit. f GDPR and is based on our legitimate interest in the optimization and economic operation of our website as well as the management of our website services and the triggering of tags. Further information on data processing can be found at:
https://support.google.com/tagmanager/answer/7157428
7. Statistics (Google Analytics)
We use the Google Analytics service from the provider Google Ireland Limited (Ireland, EU) on our website. Google Analytics is a web analytics service that helps us to collect and analyze data about the behavior of users on our website. Google Analytics allows us to measure interaction data from different devices and sessions. This allows us to put individual user actions in context and analyze long-term relationships. Google Analytics uses cookies for this purpose, which enable an analysis of the use of our website. In addition, personal data in the form of IP addresses, device identifiers and information about the interaction with our website are processed. Some of this data is information stored on the end device you are using. In addition, further information is also stored on your end device via the cookies used. Google Ireland will process the data collected in this way on our behalf in order to evaluate the use of our website by users, to compile reports on the activities within our website and to provide us with other services related to the use of our website and the Internet. Pseudonymous user profiles of the users can be created from the processed data. The setting of cookies and the further processing of personal data described here is done with your consent. The legal basis for the data processing in connection with the Google Analytics service is therefore Art. 6 para. 1 lit. a GDPR. You can revoke this consent via our Consent Management Tool at any time with effect for the future. We only use Google Analytics with IP anonymization activated. This means that the IP address of the users is shortened by Google Ireland within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The IP address transmitted by the user’s browser is not merged with other data. The IP address is shortened on servers in the EU.
8. Marketing
a) Google Ads Remarketing
We also use the Google Analytics advertising functions (Remarketing). This function enables us, in conjunction with the cross-device functions of Google, to display advertisements more specifically and to present users with interest-based ads. Remarketing is used to show users ads and products for which interest has been determined on other websites in the Google network. The function allows us to link advertising target groups created via Google Analytics Remarketing with the cross-device functions of Google Ads. In this way, interest-based, personalized advertising messages that have been adapted to a user depending on their previous usage and surfing behavior on one end device (e.g. mobile phone) can also be displayed on another end device of the user (e.g. tablet or PC). If you have given your consent, Google will link your web and app browsing history with your Google account for this purpose. In this way, the same personalized advertising messages can be displayed on every end device on which you log in with your Google account. The data collected in your Google account is summarized exclusively on the basis of your consent, which you can give or revoke at Google. For these linked services, data is then collected via Google Analytics for advertising purposes. To support the remarketing function, Google Analytics collects the google-authenticated IDs of users, which are temporarily linked to our Google Analytics data. This serves to define and create target groups for cross-device advertising. Your data is processed on the basis of your consent in accordance with Art. 6 para. 1 lit. a GDPR. The setting of cookies is done with your consent, which you can revoke via the Consent Management Tool at any time with effect for the future. When using the service, a transfer of your data to the USA cannot be excluded. Please note the information in the section “Data transfer to third countries”. Further information on how Google uses data from websites or apps for advertising purposes can be found in Google’s notes at:
www.google.com/policies/technologies/ads/.
b) LinkedIn Insight Tag
We use the LinkedIn Insight Tag on our website, a marketing product of LinkedIn Ireland Unlimited Company (Ireland, EU). Information on the contact details of LinkedIn Ireland and the contact details of the data protection officer of LinkedIn Ireland can be found in the LinkedIn data policy at
https://www.linkedin.com/legal/privacy-policy. The LinkedIn Insight Tag is a JavaScript code snippet that is triggered by LinkedIn when our website is accessed and stores a cookie on the device you are using. The processing of your data is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR. We can perform various functions via the LinkedIn Insight Tag, which we describe to you in detail below. LinkedIn Conversion Tracking is an analysis function that is supported by the LinkedIn Insight Tag. The LinkedIn Insight Tag enables the collection of data on visits to our website, including URL, referrer URL, IP address, device and browser properties (user agent) and timestamp. The IP addresses are shortened or (if they are used to reach members across devices) hashed. Linkedin does not provide us with any personal data, but only offers reports (in which you are not identified) about the website target group and the ad performance. In this way, we can record the effectiveness of the LinkedIn ads for statistical and market research purposes. The direct identifiers of the members are removed by LinkedIn within seven days to pseudonymize the data. LinkedIn then deletes this remaining pseudonymized data within 180 days. This processing is for the purpose of obtaining information about our website audience and a report on the effectiveness of the LinkedIn campaigns. We also use the “Matched Audiences” service to target our advertising campaigns to specific audiences. Through LinkedIn Matched Audiences and associated data integrations, we can target advertising to specific audiences based on data we provide to LinkedIn (e.g., company lists, hashed contact information, device identifiers, or event data such as websites visited). This processing is for the purpose of marketing our offers through the targeted delivery of advertising. We have concluded an agreement with LinkedIn on processing as joint controllers, which defines the distribution of data protection obligations between us and LinkedIn. You can view this here:
https://legal.linkedin.com/pages-joint-controller-addendum. Please note that according to the LinkedIn data protection guidelines, personal data is also processed by Linkedin in the USA or other third countries. LinkedIn only transfers personal data to countries for which an adequacy decision of the European Commission according to Art. 45 GDPR exists or on the basis of suitable guarantees according to Art. 46 GDPR.
c) Instagram Plugin
Functions and content of the social network Instagram of Meta Platforms Ireland Limited (Ireland) are integrated on our website. This can be done, for example, through so-called social plugins or the embedding of posts or feeds. Through the integration, Instagram can receive information about the visit to our website, even if you do not have an Instagram account or are not logged into Instagram. This information (including your IP address) can be transmitted to Meta’s servers in the USA and stored there. This happens regardless of whether you have a user account with Instagram or are logged in. If you are logged into Instagram, Instagram can directly assign the visit to our website to your user account. If you want to avoid this, please log out of Instagram before visiting our website. The processing of your data is based on your consent in accordance with Art. 6 para. 1 lit. a GDPR. Further information can be found in Instagram’s privacy policy at:
https://privacycenter.instagram.com/policy
9. External Media and Third Party Services
WPML
For the linguistic extension of our online offer, we use the WMPL plugin from OnTheGoSystems Limited (Hong Kong) on this website. By using WPML, content of our website can be automatically translated into other languages. When using the translation service, data such as your IP address and, if applicable, other technical information (e.g. browser type, device data) are collected and transmitted to WPML. The processing of your data is based on Art. 6 para. 1 lit. f GDPR and is based on our legitimate interest in the optimization and economic operation of our website. When using the service, a transfer to a third country takes place. Please also note the information in the section “Data transfer to third countries”. Further information on data protection at WPML can be found in the WPML data protection notice at
https://wpml.org/documentation/privacy-policy-and-gdpr-compliance/
III. Data Processing on our Social Media Pages
We are represented on several social media platforms with a company page. Through this, we would like to offer further opportunities for information about our company and for exchange. Our company has company pages on the following social media platforms:
- Instagram of Meta Platforms Ireland Limited, (Ireland, EU), hereinafter “Meta”;
- LinkedIn of Linkedin Ireland Unlimited Company, (Ireland, EU), hereinafter “LinkedIn”;
When you visit or interact with a profile on a social media platform, personal data about you may be processed. The information associated with a social media profile used also regularly constitutes personal data. This also includes messages and statements made using the profile. In addition, during your visit to a social media profile, certain information about it is often automatically collected, which may also constitute personal data.
1. Visiting a Social Media Page
When you visit our social media page, through which we present our company or individual products from our range, certain information about you is processed. The operators of the social media platforms are solely responsible for this processing of personal data. Further information on the processing of personal data can be found in their data protection declarations, to which we link below:
The operators of the social media platforms collect and process event data and profile data and provide us with statistics and insights for our pages in an anonymized form, which help us to gain knowledge about the types of actions that people take on our page (so-called “page insights”). These page insights are created on the basis of certain information about people who have visited our page. This processing of personal data is carried out by the social media operators and us as joint controllers. The processing serves our legitimate interest in evaluating the types of actions taken on our page and improving our page on the basis of these findings. The legal basis for this processing is Art. 6 para. 1 lit. f GDPR. We cannot assign the information obtained via the page insights to individual user profiles that interact with our pages. We have concluded agreements with the operators of the social media platforms on processing as joint controllers, in which the distribution of data protection obligations between us and the operators is defined. Details on the processing of personal data for the creation of page insights and the agreement concluded between us and the operators can be found under the following links:
You have the option to assert your rights against the operators as well. Further information on this can be found under the following links:
We have agreed with Meta and LinkedIn that the Irish Data Protection Commission is the lead supervisory authority that monitors the processing for Page Insights. You always have the right to lodge a complaint with the Irish Data Protection Commission (see at
www.dataprotection.ie) or with any other supervisory authority.
2. Communication via Social Media Pages
We also process information that you have provided to us via our company page on the respective social media platform. Such information may be the username used, contact details or a message to us. This processing by us is carried out as the sole controller. We process this data on the basis of our legitimate interest in contacting inquiring persons. The legal basis for the data processing is Art. 6 para. 1 lit. f GDPR. Further data processing may take place if you have consented (Art. 6 para. 1 lit. a GDPR) or if this is necessary for the fulfillment of a legal obligation (Art. 6 para. 1 lit. c GDPR).
IV. Further Data Processing
1. Applications
If you apply to our company, we process your application data exclusively for purposes related to your interest in a current or future employment with us and the processing of your application. Your application will only be processed and noted by the relevant contact persons at our company. All employees entrusted with data processing are obliged to maintain the confidentiality of your data. If we are unable to offer you employment, we will retain the data you have provided for up to six months after any rejection for the purpose of answering questions in connection with your application and rejection. This does not apply if legal provisions prevent deletion, if further storage is necessary for the purpose of providing evidence, or if you have expressly consented to longer storage. The legal basis for the data processing is § 26 para. 1 S. 1 BDSG or Art. 6 para. 1 lit. b GDPR. Should we retain your applicant data for a period of more than six months and you have expressly consented to this, we would like to point out that this consent can be freely revoked at any time in accordance with Art. 7 para. 3 GDPR. Such a revocation does not affect the lawfulness of the processing that has taken place on the basis of the consent until the revocation.
2. Contact
If you call us or send us a message via the specified contact email, we will process the transmitted data for the purpose of answering your request. We process this data on the basis of our legitimate interest in contacting inquiring persons. The legal basis for the data processing is Art. 6 para. 1 lit. f GDPR.
3. Customer and Interested Party Data
If you contact our company as a customer or interested party, we process your data to the extent necessary for the establishment or performance of the contractual relationship. This regularly includes the processing of the personal master, contract and payment data provided to us as well as contact and communication data of our contact persons for commercial customers and business partners. The legal basis for this processing is Art. 6 para. 1 lit. f GDPR. We also process customer and interested party data for evaluation and marketing purposes. This processing is based on the legal basis of Art. 6 para. 1 lit. f GDPR and serves our interest in further developing our offer and informing you about our offers in a targeted manner. Further data processing may take place if you have consented (Art. 6 para. 1 lit. a GDPR) or if this is necessary for the fulfillment of a legal obligation (Art. 6 para. 1 lit. c GDPR).
