Privacy Policy
This Privacy Policy informs you about the type, scope, and purpose of the processing of personal data (hereinafter referred to briefly as “data”) within our online offer and the websites, functions, and contents connected to it, as well as external online presences, such as our social media profiles (collectively referred to as “online offer”). Regarding the terms used, such as “processing” or “controller,” we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Controller
boa! Agentur GmbH
Klammstrasse 1
4020 Linz, Austria
E-mail: mail@boa-effect.com
Managing Director/Owner: Petra Mühlböck
Link to the imprint: www.boa.company/imprint
Types of processed data:
Inventory data (e.g., names, addresses).
Contact data (e.g., e-mail, telephone numbers).
Content data (e.g., text input, photographs, videos).
Usage data (e.g., websites visited, interest in content, access times).
Meta/communication data (e.g., device information, IP addresses).
Categories of affected persons
Visitors and users of the online offer (hereinafter we also refer to the affected persons collectively as “users”).
Purpose of processing
Providing the online offer, its functions, and content.
Responding to contact requests and communicating with users.
Security measures.
Audience measurement/marketing
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis is specified in the Privacy Policy, the following applies: The legal basis for obtaining consents is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and execution of contractual measures as well as answering 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 affected person or another natural person require processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
Security measures
We take appropriate technical and organizational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation, and the nature, scope, circumstances, and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk.
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 them to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g., if a transmission of the data to third parties, such as to payment service providers, is required by Art. 6 para. 1 lit. b GDPR for contract fulfillment), you have consented, a legal obligation provides for this or based on our legitimate interests (e.g., when using agents, web hosts, etc.).
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 this occurs in the context of the use of third-party services or disclosure or transmission of data to third parties, this is done only 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 in the presence of the special conditions of Art. 44 ff. GDPR. That is, the processing is carried out, e.g., on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g., for the USA by the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of affected persons
You have the right to request confirmation as to whether data concerning you 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 pursuant to Art. 16 GDPR to request the completion of data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that relevant data be deleted immediately, or alternatively in accordance with Art. 18 GDPR to request a restriction on the processing of the data.
You have the right to demand that the data concerning you which you have provided to us be received in accordance with Art. 20 GDPR and request their transmission to other responsible parties.
You also have the right to file a complaint with the competent supervisory authority pursuant to Art. 77 GDPR.
Right to withdraw
You have the right to withdraw consents granted pursuant to Art. 7 para. 3 GDPR with effect for the future.
Right to object
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may particularly be made against processing for direct marketing purposes.
Cookies and right to object in 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 within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes their browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login status can be stored. “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 it after several days. Likewise, such a cookie can store the interests of users used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only its 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 stored on their computer, they are asked to disable the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. Excluding cookies can lead to functional restrictions of this online offer.
A general objection to the use of cookies used for online marketing purposes can be declared in a variety of services, especially in the case of tracking, via the US site https://www.aboutads.info/choices/ or the EU site https://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that not all functions of this online offer may be used.
Deletion of data
The data processed by us are deleted or limited in their processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us are deleted as soon as they are no longer required for their purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legally permissible purposes, its processing will be restricted. That is, the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.
According to legal requirements in Germany, storage takes place in particular for 10 years according to §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years according to § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, storage is particularly necessary for 7 years according to § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, 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, broadcast and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Agency services
We process our clients’ data as part of our contractual services that include conceptual and strategic consulting, campaign planning, software and design development/advisory or care, implementation of campaigns and processes/handling, server administration, data analysis/consulting services, and training services.
We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text input, photographs, videos), contract data (e.g., contract subject, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., in the context of evaluation and performance measurement of marketing measures). We generally do not process special categories of personal data unless these are components of commissioned processing. Affected persons include our clients, prospects, customers, visitors and users of the online offer, and third parties. The purpose of processing is the provision of contract services, billing, and our customer service. The legal bases of processing derive from Art. 6 para. 1 lit. b GDPR (contractual services), Art. 6 para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data necessary for the justification and fulfillment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties takes place only if it is necessary within the framework of a contract. When processing data provided to us within the scope of an order, we act according to the instructions of the clients as well as the legal requirements of contract processing according to Art. 28 GDPR and process the data for no other purposes than the purposes on the basis of the order.
We delete the data after expiration of legal warranty and comparable obligations. The necessity of keeping the data is reviewed every three years; in the case of legal archiving obligations, deletion takes place after their expiration (6 years, according to § 257 para. 1 HGB, 10 years, according to § 147 para. 1 AO). In the case of data disclosed to us by the client during an order, we delete the data according to the specifications of the order, generally after the end of the order.
External Payment Service Providers
We use external payment service providers, through whose platforms users and we can carry out payment transactions. These services include, for example, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), and American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html).
The use of payment service providers is based on Art. 6 para. 1 lit. b GDPR (contract performance) and in the interest of a smooth, convenient, and secure payment process, pursuant to Art. 6 para. 1 lit. f GDPR. In this context, we process data necessary for the completion of the payment transactions, which include inventory data, such as name and address, bank data, such as account numbers or credit card numbers, passwords, TANs, and checksums, as well as contract, sum, and recipient-related information. The input of these data is necessary for the performance of the transactions.
The data entered are only processed and stored by the payment service providers. We do not receive any account or credit card-related information but only information with confirmation or negative information regarding the payment. The payment service providers may transfer data to credit information agencies for the purpose of identity and creditworthiness checks. For further details, please refer to the terms and conditions and data protection policies of the payment service providers.
Administration, Financial Accounting, Office Organization, Contact Management
We process data in the context of administrative tasks as well as organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of performing our contractual services. The processing bases are Art. 6 para. 1 lit. c GDPR, Art. 6 para. 1 lit. f GDPR. Customers, prospects, business partners, and website visitors are affected by the processing. The purpose and our interest in processing lie in administration, financial accounting, office organization, data archiving, that is tasks that serve to maintain our business activities, perform our tasks, and provide our services. The deletion of the data concerning contractual services and the contractual communication corresponds to the information mentioned in these processing activities.
We disclose or transmit data to the financial administration, consultants, such as tax advisors or auditors, and other fee agencies and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, event organizers, and other business partners, e.g., for later contact. These majority company-related data are generally stored permanently.
Data Protection Measures in the Application Process
We process applicant data only for the purpose and in the context of the application process in accordance with legal requirements. The processing of applicant data takes place to fulfill our (pre)contractual obligations within the application process as defined by 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 additionally applies).
The application process requires applicants to provide us with their data. The necessary applicant data are identified if we offer an online form, otherwise derived from the job descriptions and generally include personal details, postal and contact addresses, and the documents belonging to the application, such as a cover letter, resume, and certificates. Additionally, applicants may voluntarily provide us with additional information.
By submitting an application to us, applicants consent to the processing of their data for the purposes of the application process in accordance with the nature and scope set out in this privacy policy.
If special categories of personal data within the meaning of Art. 9 para. 1 GDPR are voluntarily communicated within the framework of the application process, their processing takes place additionally according to Art. 9 para. 2 lit. b GDPR (e.g., health data, such as severely disabled status or ethnic origin). If special categories of personal data within the meaning of Art. 9 para. 1 GDPR are requested from applicants during the application process, their processing also takes place according to Art. 9 para. 2 lit. a GDPR (e.g., health data, if necessary for the exercise of the profession).
If provided, applicants can submit their applications via an online form on our website. The data are transmitted to us securely in accordance with the state of technology. Furthermore, applicants can send us their applications via e-mail. Please note, however, that e-mails are generally not sent encrypted and applicants must ensure encryption themselves. We therefore cannot take responsibility for the transmission of the application between the sender and the reception on our server and therefore recommend using an online form or postal dispatch. In addition to the application via the online form and e-mail, applicants still have the option to send us the application by postal service.
The data provided by applicants may be further processed by us in the event of a successful application for employment purposes. Otherwise, if the application for a job offer is not successful, the data of the applicants will be deleted. The data of the applicants will also be deleted if an application is withdrawn, which the applicants are entitled to do at any time.
The deletion occurs, subject to a justified revocation by the applicants, after a period of six months so that we can answer any follow-up questions to the application and meet our proof obligations under the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax law requirements.
Contacting Us
When contacting us (e.g., via contact form, e-mail, telephone, or through social media), the user’s details are processed for handling the contact inquiry and its settlement according to Art. 6 para. 1 lit. b) GDPR. User information may be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.
We delete the requests if they are no longer necessary. We review the necessity every two years; furthermore, the legal archiving obligations apply.
Hosting and E-mail Dispatch
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space, and database services, e-mail dispatch, security services, and technical maintenance services that we use for the purpose of operating this online offer.
In doing so, 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 of this online offer based on our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a contract processing agreement).
Collection of Access Data and Log Files
We, or our hosting provider, collect data on every access to the server where this service is located (so-called server log files) based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR. Access data includes the name of the accessed website, file, date and time of access, transmitted data volume, notification of successful access, 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 misuse or fraud) for a maximum period of 7 days and then deleted. Data whose further retention is required for evidential purposes are exempted from deletion until the final clarification of the incident.
Google Analytics
We use Google Analytics, a web analysis service of Google LLC (“Google”), based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR). Google uses cookies. The information generated by the cookie about the use of the online offer by users is usually transmitted to a server of Google in the USA and stored there.
Google is certified under the Privacy Shield agreement, providing 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 offer by users, to compile reports on the activities within this online offer, and to provide us with other services related to the use of this online offer and the internet. In this process, pseudonymous usage profiles of the users can be created from the processed data.
We only use Google Analytics with IP anonymization enabled. This means that the IP address of 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 is the full IP address sent 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 by Google of the data generated by the cookie and related to their use of the online offer as well as 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=de.
Further information on data use by Google, settings, and opt-out options, can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
The personal data of the users will be deleted or anonymized after 14 months.
Online Presences in Social Media
We maintain online presences within social networks and platforms to communicate with active customers, prospects, and users 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 users’ data as long as they communicate with us within social networks and platforms, e.g., write posts on our online presences or send us messages.
Integration of Services and Content from Third Parties
We use content or service offers from third-party providers within our online offer based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) to incorporate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”). This always presupposes that the third-party providers of this content perceive the IP address of the users, as they could not send the content to their browsers without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers can 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 may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer, as well as being linked to such information from other sources.
Google Fonts
We integrate 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 Maps
We integrate the maps of the service “Google Maps” provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, users’ IP addresses and location data, which, however, are not collected without their consent (usually as part of 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
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”), based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR). The plugins can represent interaction elements or content (e.g., videos, graphics, or text posts) and are recognizable by one of the Facebook logos (white “f” on blue tile, terms “Like”, “Like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield agreement, providing a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user activates a feature of this online offer that contains such a plugin, their device establishes a direct connection with Facebook’s servers. The content of the plugin is transmitted from Facebook directly to the user’s device and integrated into the online offer by the device. In doing so, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs users according to our knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example, press the Like button or leave a comment, the corresponding information is transmitted directly from their device to Facebook and stored there. If a user is not a member of Facebook, there is still a 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 data collection and 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 offer and link it to their member data stored on Facebook, they must log out of Facebook and delete their cookies before using our online offer. 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-American page https://www.aboutads.info/choices/ or the EU page
www.youronlinechoices.com/. The settings are platform-independent, i.e., they are applied to all devices, such as desktop computers or mobile devices.
Within our online offer, functions and contents of the service Instagram, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated. This can include content such as images, videos, or text and buttons with which users can share content from this online offer within Instagram. If the users are members of the Instagram platform, Instagram can assign the call-up of the above-mentioned content and functions to the profiles of the users there. Instagram privacy policy: http://instagram.com/about/legal/privacy/.
YouTube
We embed the videos of the platform “YouTube” of the provider Google LLC, 1601 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-out: https://adssettings.google.com/authenticated.
Within our online offer, functions and contents of the service Twitter, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated. This may include content such as images, videos, or text and buttons with which users can share content from this online offer within Twitter. If the users are members of the Twitter platform, Twitter can assign the call-up of the above-mentioned content and functions to the profiles of the users there. Twitter privacy policy: https://twitter.com/en/privacy, Opt-out: https://twitter.com/personalization.
Within our online offer, functions and contents of the service LinkedIn, offered by LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, can be integrated. This may include content such as images, videos, or text and buttons with which users can share content from this online offer within LinkedIn. If the users are members of the LinkedIn platform, LinkedIn can assign the call-up of the above-mentioned content and functions to the profiles of the users there. LinkedIn privacy policy: https://www.linkedin.com/legal/privacy-policy, Opt-out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
Within our online offer, functions and contents of the service Pinterest, offered by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA, can be integrated. This may include content such as images, videos, or text and buttons with which users can share content from this online offer within Pinterest. If the users are members of the Pinterest platform, Pinterest can assign the call-up of the above-mentioned content and functions to the profiles of the users there. Pinterest privacy policy: https://about.pinterest.com/en/privacy-policy.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
This comprehensive Privacy Policy is designed to inform users of their rights and the specifics of data processing activities associated with this online offer, providing transparency and aiding in compliance with European data protection laws.