Data Protection Regulation (GDPR)

This privacy policy is intended to provide information on the type, scope and purposes for which we process your personal data on our website and affiliated websites, features and content (hereinafter jointly referred to as our "Website"). This privacy policy shall apply regardless of which domains, systems, or devices (e.g. desktop or mobile) are used.

According to the GDPR, personal data is all information related to you, such as your name, address, email addresses, and user behavior. How and which data are processed depends on the services used.

We use a number of terms derived from the GDPR in our privacy policy. These include terms such as processing, restriction of processing, profiling, pseudonymisation, data controller, processer, recipient, third party, consent, supervisory authority and international organisation. The corresponding definitions for the above terms can be found in Art. 4 GDPR.

 

The data controller is:

wirDesign communication AG
Kesselhaus – Berliner Straße 82
13189 Berlin
T 030 275728-0
F 030 275728-28
welcome [at] wirdesign [dot] de

Our corporate data protection officer can be reached at:

mip Consult GmbH
Attorney Asmus Eggert
Wilhelm-Kabus-Straße 9
10829 Berlin
T 030 275728-0
datenschutz [at] wirdesign [dot] de
www.sofortdatenschutz.de

We process the personal data we receive from you when you use our website, or through our shared business relations. 

If the website is only used for informational purposes, i.e. if you do not subscribe or transmit information to us in any other way, we only collect the personal data your browser transmits via our server. If you want to view our website, we collect the following access data, which are essential in terms of correctly displaying our website and to guarantee its stability and security. These access data include your IP address, the date and time of the request, the time zone difference in relation to Greenwich Mean Time (GMT), the content of the request (i.e. the name of the specific site opened), access status/HTTP status code, the amount of data transferred, referrer URL (previously visited website), browser type and version, the operating system and its environment, the language and version of the browser software, messages about successful access.

Furthermore, we process - to the extent required for the provision of our services - personal data we receive permissibly from affiliates, our subsidiary, or other third-parties (e.g. to complete orders, for the fulfilment of contracts, or due to your consent).

Relevant personal data include contact information (name, address, and other contact information, birth date and birth place). They may also include contractual data (e.g. services received, the names of administrators, payment information), advertising and marketing information (including marketing scores), documentation data (e.g. conversation records), data about your use of our provided telemedia (e.g. the time our websites were accessed, applications or newsletters, which of our sites were accessed, or interest in our services), as well as content data (e.g. information provided through contact forms).

We also receive personal data that you disclose to us via a contact form or email. Personal data in this regard refers to name, address, email, phone number and all information included in the message sent to us (hereinafter referred to as "contact information").

We process personal data in accordance with the guidelines of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) for the following purposes and on the following legal bases:

3.1 For the performance of pre-contractual and contractual obligations, Article 6, para. 1(1b) GDPR

When you contact us (via contact form or email), your data shall be processed to complete your contact request and the processing thereof on the legal basis of the performance of pre-contractual measures as per Article 6, para. 1 (1b) GDPR.

3.2 In the context of assessing legitimate interest, Article 6, para. 1 (1f) GDPR

Your access data (see the information listed in Section 2) shall be processed in order to protect our legitimate interests or those of third parties. We pursue the following legitimate interests in particular:

  • For advertising or market and opinion research, if you did not object to the use of your data;
  • For the enforcement of legal claims and defence in legal disputes;
  • To guarantee IT security and IT operation, particularly regarding the website (see data listed above under Section 2);
  • For measures of business management and the further development of services and products.

3.3 On the basis of your consent, Article 6, para. 1 (1a) GDPR

If you consented to the processing of your personal data for certain purposes (e.g. newsletter subscriptions, advertising via phone, email, text message, etc.), the processing is considered lawful on the basis of your consent. Consent may be withdrawn at any time. Please note that withdrawal only affects future use. Processing that occurred prior to withdrawal is not affected.

Consent may be revoked at any time. Please note that revocation only affects future use. Processing that occurred prior to revocation is not affected. You can revoke your consent by contacting the above contact details or by emailing datenschutz@wirdesign.de.

3.4 To establish an employment relationship, Art. 26 BDSG

When you contact us (via a contact form or email) regarding your application, we shall process your data in order to check your suitability for a position (or to look for other suitable vacancies within our company) and initiate the employment process. Once your application has been received, the HR managers shall review your applicant details. Following this, all appropriate applications for the vacancy shall then be internally forwarded to the department head. The next applications steps will then be determined within the relevant department. As a rule, in our company, only those who require access to your personal data within the scope of the application process are granted it.

The legal basis for the processing of your personal data during the application process is Art. 26 BDSG. According to this provision, we are permitted to process data required to make the decision on whether to establish an employment relationship.
If your data is required for legal prosecution once the application process has ended, we reserve the right to process the data in question as per the provisions of Art. 6 GDPR, in particular to safeguard our legitimate interests as per Art. 6 para. 1 (1f) GDPR. In this regard, our interests lie in the assertion or defence of claims.

Within the company, individuals who need your data to perform our contractual and legal obligations will receive access to your data.

Processors commissioned by us (Art 28 GDPR) may also receive data for the aforementioned purposes. These processors are companies in the fields IT services, logistics, print services, telecommunications, financial services, advising and consulting, as well as sales and marketing. In the event that we commission contract processors for the provision of our services, we take appropriate legal, technical, and organisational precautions to protect personal data in accordance with the legal guidelines.

Your data shall only be disclosed to third parties who are not processors within the scope of statutory requirements. We shall only disclose user data to third parties if so required to ensure the economic and effective operation of our company or you provide your consent to the data transfer on the legal basis of Art. 6 para. 1 (1b) GDPR for contractual purposes or on the basis of legitimate interests as per Art. 6, para. 1 (1f) GDPR, for instance. We shall not transfer any data to third parties from the purely informational use of our website.

For security reasons (e.g. to investigate abusive and fraudulent activity), log-file information is stored for a maximum duration of seven days and deleted afterwards (see Section 2 above). Data whose storage is required for reasons of evidence are excluded from erasure until the respective incident is completely resolved.

If necessary, we process and retain your personal data for the duration of our business relations, which also includes the initiation and conclusion of a contract.

In the case that your application is not successful, we shall delete your applicant data within 6 months. If you have agreed to a longer retention period for your personal data, we shall add your details to our applicant pool. Once in our applicant pool, your data shall be erased once you revoke your consent or after 24 months at the latest. If your application is successful, your data shall be stored in our HR management system.

In the case that your application is not successful, we shall delete applicant data from freelancers within 6 months. If you have agreed to a longer retention period for your personal data, we shall add your details to our freelancer pool. Once in our applicant pool, your data shall be erased once you revoke your consent or after 24 months at the latest.

Further, we are subject to various obligations regarding retention and documentation, as prescribed by German commercial code (HGB) and the German fiscal code (AO). The retention and documentation periods prescribed therein are two to ten years.

Finally, the retention period also depends on the legal limitation period, which for example, is 3 years according to §§ 195 pp. of the German civil code, but may be up to thirty years, whereas the regular limitation period is three years.

All data you disclose shall be processed within the EU or in the USA. Please note that we have agreed EU standard contractual clauses with the recipients of your data located in states that have not been granted an adequacy decision by the EU commission as per Art. 45 GDPR, as is the case with the USA (for companies such as Google, Microsoft, Adobe).

Personal data is not subject to the same level of privacy in the USA as the level guaranteed by the pertinent EU data protection laws. In particular, there are a lack of enforceable rights that safeguard your data against access by government agencies. As follows, there is a chance that government agencies may be able to access your personal data without being effectively hindered by the data transmitter or recipient.

If required, you can receive or view a copy of the EU standard contractual clauses. Please contact us at the contact details listed in Section 1 in this regard.

Each individual has the

  • right of access as per Art. 15 GDPR(you have the right to receive obtain conformation from us as to whether we have processed or stored your personal data at any time);
  • right of rectification as per Art. 16 GDPR(if your personal data is incorrect or incomplete, you can request that it is rectified);
  • right to erasure as per Art. 17 GDPR and the right to restrict processing as per Art. 18 GDPR(you are also entitled to demand that we delete your personal data or restrict the processing thereof if the legitimate purpose for the processing at hand no longer exists and storage is no longer required as per the statutory retention periods);
  • right to data portability as per Art. 20 GDPR (you are entitled to receive the personal data that you have disclosed to us in a structured, common, machine-readable format and to transfer this data to another data controller without hindrance).

Furthermore, you may revoke your consent to processing with future effect.
Moreover, you have the right to lodge a complaint with a supervisory authority (Art. 77 GDPR, in conjunction with Art. 19 BDSG). You can find the competent supervisory authority at https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
We would like to additionally point out your right to object to processing as per Art. 21 GDPR:

Information about the right to object to processing as per Article 21You have the right to object to the processing of your personal data for the purposes stipulated in Art. 6, para. 1 (1e) GDPR (data processing for the performance of a of a task carried out in the public interest) and Art. 6, para. 1 (1f) GDPR (data processing for the purposes of legitimate interest) at any time on grounds relating to your personal situation.

If you object, we will no longer process your personal data, unless we are able to provide compelling, legitimate grounds for processing that override your interests, rights, and freedoms, or if processing serves the enforcement, exercise, or defense of legal claims.

In individual cases, we process your personal data for the purposes of direct marketing. You have the right to object to the processing of your personal data for the purposes of this kind of marketing at any time; this also applies to the profiling connected with direct marketing. If you object to data processing for the purposes of direct marketing, we will no longer use your personal data for these purposes.

The objection is not subject to any form requirements and or costs other than transmission cost at the basic rates.

Wherever possible, please send your notification of objection to:

wirDesign communication AG
Kesselhaus – Berliner Straße 82
13189 Berlin
Telephone: +49 30 275728-0
Fax: +49 30 275728-28
or by email to:
Email address e.g. datenschutz@wirdesign.de

 

In accordance with Article 22 GDPR, we generally do not employ fully automated decision-making to initiate and conduct business relations. If we use these processes in individual cases, you shall receive separate notice, if required by law.

For technical and IT-security reasons, you are required to disclose certain personal data to use our website. If you do not provide the aforementioned data, you will be unable to use our website.

If you contact us using a form or by email, you only need to provide the data required to process your enquiry. Otherwise, we won't be able to process your enquiry.

The following paragraphs contain information about the content of our newsletter, as well as processes related to subscription, dispatch, and statistical analysis, and your right to object. By subscribing to our newsletter, you agree to its receipt and the outlined processes.

Newsletter content: We send newsletters, emails, and other electronic notifications containing information for advertising purposes (hereinafter "newsletter") only with the recipient's consent, or legal permission. Provided that the newsletter content is described in concrete terms upon subscription, it is considered a deciding factor for user consent. Furthermore, our newsletter contains information regarding our services, activities, and our company.

Double opt-in and records: Our newsletter subscription process employs the so-called double opt-in method. Based on this method, you will receive an email after requesting the confirmation of your subscription. This confirmation is necessary to prevent third-party email addresses from signing up. Newsletter subscriptions are recorded in order to provide evidence in accordance with the legal provisions. This includes storing the time of subscription and confirmation, as well as the IP address. Changes to your saved data will also be recorded.

The newsletter is sent from our web server via the open-source software openEMM.

Subscription data: It suffices to provide your email address to subscribe to our newsletter. We optionally request that you provide your salutation, title, first name, and last name to personalize the newsletter.

Statistical surveys and analyses: The newsletters contain so-called "web-beacons", i.e. a pixel-sized filed downloaded from the server when the newsletter is opened. During this download, technical information, such as information about the browser and your system, as well as your IP address and the time of the download is collected. This information is used for the technical improvement of our services on the basis of the technical data or the target groups and your reading behaviour using the download location (determined using the IP address) or download time. Statistical surveys also include whether or not the newsletter is opened, when they were opened, and which links were clicked. This information could be allocated to individual newsletter recipients for technical reasons. However, it is not our goal to monitor individual users. Rather, the purpose of the analysis is to recognize the reading behaviour of our users and to customise or content to their needs or to send varying content that depends on the interests of our users.

The implementation of statistical surveys and analyses, as well as recording the registration behaviour is conducted on the basis of our legitimate interest in accordance with Article 6 (1f) GDPR. It is our goal to use a user-friendly and safe newsletter system that serves our corporate interest, but also meets the users' expectations.

Termination/cancellation: You may unsubscribe from our newsletter at any time, i.e. withdraw your consent. This simultaneously terminates your consent to its receipt, as well as the statistical analysis. Unfortunately, it is not possible to separately cancel dispatch by email marketing service providers or statistical analysis. You can find a link to unsubscribe from the newsletter at the end of each newsletter. If users are only subscribed to the newsletter and cancelled this subscription, their personal data are erased.

We use cookies on our website. Cookies are small text files that generally comprise of letters and numbers and are stored on the user's computer when they visit a certain website.

Some of these cookies are essential for the proper functioning of our website and other cookies help us to optimise our website by providing us with information on how you use our website.

As a rule, we only use the essential cookies. Essential cookies enable the core features of our website to function properly. Without these cookies, our website cannot be displayed properly and certain sections may not function properly under certain circumstances. Essential cookies can only be deactivated through the corresponding settings in your browser.

We only use cookies that are not required for the functionality of the website (non-essential cookies) if you have only provided consent thereto in our cookie banner. You can return to our privacy policy at any time to revoke your consent or change your settings.
Please click here to learn more about how we use cookies.

You have the following additional options with regards to cookies:

  • If you do not want cookies to be stored on you computer, you can deactivate this option in your browser's system preferences. Stored cookies can be deleted in the browser's system settings. Please note that deactivating cookies may restrict the functionality of this website.
  • You can object to the use of cookies that serve website-tracking and marketing purposes via the network advertising initiative's deactivation page 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/.

We use the web analysis service Google Analytics provided by Google Ireland Limited (Company Registration Number: 368047) Gordon House, Barrow Street, Dublin 4, Ireland ("Google") on the basis of your consent.

Google Analytics uses cookies. Information regarding the use of the website generated through the cookie is typically transmitted to a Google server in the USA and stored there. We have entered into standard contractual clauses issued by the EU Commission as per Art. 46, para. 2, lit. C GDPR with Google at Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043, USA Despite the conclusion of standard contractual clauses with Google, the processing of your data in the USA is nonetheless subject to certain risks. When you provide your consent in our cookie banner, you declare your consent to the processing of your data in the USA, despite potential access by the US authorities.

Google will use this information on our behalf to evaluate the usage of our website, to create reports about website activities, and to provide us with additional services related to the use of the Internet and this website. This allows for the creation of pseudonym user profiles based on the processed data.

We only use Google Analytics with activated IP anonymisation. This means that Google truncates the IP addresses of users in EU-member states or other states that are signatory to the adequacy decision across the European Economic Area. The full IP address is only transmitted to a server in the USA by Google and truncated there in exceptional cases.

The IP address transferred from the users' browser is not consolidated with other Google data. You can prevent the storage of cookies through your browser settings; furthermore, you can also prevent the storage of data generated by the cookie and the transmission thereof the Google, and the subsequent 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=de.

Alternatively, you can prevent Google Analytics from collecting your data by clicking on the following link. This will set an opt-out cookie that prevents your data from being collected when you visit this website in the future: Click here to set the opt-out cookie for Google Analytics. This opt-out cookie shall only apply for the device used to access this link and provided the cookie is not deleted.

We use Google Analytics Remarketing to ensure ads that we have placed on Google or its partner sites are only displayed to users who have also shown an interest in our website or certain products/services (e.g. interested in certain topics found on our website) that we transmit to Google ("Remarketing"). Remarketing helps us to ensure that our ads correspond to the interests of our users and are not annoying.

Please visit https://www.google.deto learn more about how Google processes data, your settings and the possibility to object.

On the basis of our legitimate interest (i.e. interest in the analysis, optimisation and the efficient operation of our website within the meaning of Article 6. para. 1 (1f) GDPR), we use content and services provided by third parties, in order to incorporate their content and services, such as videos or fonts (hereinafter jointly referred to as "content"). A prerequisite for this is that third parties providing this content receive the IP address of the users, because they are unable to send content to their browsers without the IP address. Therefore, an IP address is required to display this content. We endeavour only to use content, whose providers exclusively use your IP address to deliver the content. Furthermore, third-party providers may use so-called pixel-tags (invisible images, also called "web beacons") for statistical or marketing purposes. Pixel tags facilitate the evaluation of the visitor traffic on this website. The pseudonym information may also be stored in cookies on the user's device and contain technical information about the browser and operating system, reference websites, visiting time and additional information about the use of our website, and can be connected with information of this kind from other sources.

The following information provides an overview of third-party providers, as well as their content, including links to their privacy policies, additional notes regarding data processing and, as partially discussed here, ways to opt-out:

  • Videos from "Vimeo" operated by third-party provider Vimeo, Inc., 555 West 18th, New York, New York 10011, USA. Privacy policy: https://vimeo.com/privacy, Cookie policy: https://vimeo.com/cookie_policy
  • In order to achieve an optically appealing design for our website, we use Adobe Typekit provided by Adobe Systems Software Ireland Ltd. 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland ("Adobe"). This service provides us access to the Adobe font library. In order to display the fonts used on our website, your browser needs to connect to an Adobe server in the USA and download the required font. Adobe will consequently be informed that our website was accessed from the IP address of your device. Through the conclusion of standard contractual clauses, Adobe is obligated to ensure that European data protection principles and the European level of data protection are also applied to data processing that occurs in the USA. You can learn more about Adobe Typekit in the Abobe Privacy Policy at https://www.adobe.com/de/privacy.html.

We have included YouTube videos in our online offering, which are stored at http://www.YouTube.com of Google Ireland Limited (registration number: 368047), Gordon House, Barrow Street, Dublin 4, Ireland and can be played directly from our website.
The videos are integrated in such a way that data about you as a user is only transferred to YouTube when you play the videos. We have no influence on the data transfer to Google which then takes place.

When you visit our website, YouTube is informed that you have visited the corresponding subpage of our website and will receive information on the location (GPS data), IP address and the devices used, including information on objects in the close proximity of your device such as WiFi access points, radio masts, Bluetooth-enabled devices and sensor information from your device (see the provider's YouTube privacy policy). This shall occur regardless of whether you are logged into your Google or YouTube account. If you are logged in, the above information shall be assigned to your account. If you would like to prevent this information from being assigned to your account, please log out prior to activating a video. YouTube stores your data to create usage profiles and uses it to provide, maintain and improve services, to measure performance, develop new services and provide personalised services, including content and ads. You reserve the right to object to the creation of user profiles. Please contact YouTube in this regard.

For this service, data is also processed in the USA. We have entered into standard contractual clauses issued by the EU Commission as per Art. 46, para. 2, lit. C GDPR with Google at Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043, USA Despite the conclusion of standard contractual clauses with Google, the processing of your data in the USA is nonetheless subject to certain risks. When you provide your consent in our cookie banner, you declare your consent to the processing of your data in the USA, despite potential access by the US authorities.

Read the YouTube privacy policy to learn more about the purposes and scope of data collection and the processing thereof by YouTube. The privacy policy also contains more information on your rights and setting options to protect your privacy:

You can access the YouTube privacy policy at https://policies.google.com/privacy and opt out of personalised ads at https://adssettings.google.com/authenticated.

You will find also find us present on social media networks and online-platforms, providing us with additional channels of communication to inform you about our services. Please be aware of the fact that your data may be processed outside of the territory of the European Union and that your data will most likely be used for market research and marketing activities. Your usage behavior and personal interests deduced thereof may be used to create a user profile. Said user profile may be used for advertising inside or outside the platform, which meets the apparent interests of the user. For this reason, cookies may also be stored on the device of the user, which record both usage behavior & interests of the user. The user profile may include further data, especially if the user is a member of the platform and logged in.

The processing of personal user data is based on our legitimate interests to communicate with our users on the broadest scale possible according to Art 6, Nr. 1 f) GDPR. If the social media network asks for consent to process the data, the processing is based on the consent according to Art 6 Nr. 1 a) GDPR. Should you require more information about the processing of your personal data and/or to reject the processing of said data, please refer to the links below where you will find the privacy notices of each, individual processor.

Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland), facebook websites based on an agreement about the joint processing of personal data – privacy notice: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads und http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – privacy statement: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – privacy statement/ Opt-Out: http://instagram.com/about/legal/privacy/.

Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – privacy statement: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland) – privacy statement: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy Notice Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung

Vimeo (Vimeo, Inc. 555 West 18th Street, New York, New York 10011, Privacy@vimeo.com – privca statement https://vimeo.com/privacy.

Should you want to request information or have the intention to exercise your right as a user, we recommend contacting the processor directly, since only those processors have direct access to the data in question. In case you require any kind of support regarding this subject, please feel free to contact us at the contact data stated above.