Thank you for visiting our homepage www.ksmpatent.de and thank you for your interest in our company. Data protection is a particularly high priority for the management of Kohler Schmid Möbius Partnerschaftsgesellschaft mbB. In principle, it is possible to use our website without providing any personal data. However, if a data subject wishes to make use of special services provided by our company via our website, it may become necessary to process personal data. If it is necessary to process personal data and there is no legal basis for the processing, we will generally obtain the consent of the data subject.
As the controller, Kohler Schmid Möbius Partnerschaftsgesellschaft mbB has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. In spite of this, internet-based data transmissions may still be subject to security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
(a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) Data subject
Data subject means any identified or identifiable natural person whose personal data is processed by the controller.
Processing is any operation or set of operations performed on personal data, with or without the aid of automated means, such as the collection, recording, organisation, arrangement, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting its future processing.
Profiling is any automated processing of personal data that involves the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
(g) Controller or data controller
The controller or data controller is the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by European Union or national law, the controller or the specific criteria for their designation may be provided for by European Union or national law.
A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
A recipient is any natural or legal person, public authority, agency or other body to whom personal data is disclosed, regardless of whether that person is a third party or not. Authorities which may receive personal data in the context of a specific investigation mandate under European Union or national law are not, however, regarded as recipients.
(j) Third party
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
Consent means any freely given and informed unequivocal expression of the data subject’s intent in a specific case, in the form of a statement or any other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. Name and address of the controller and contact details of the data protection officer
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other regulations of a data protection nature is:
Kohler Schmid Möbus Patentanwälte
Tel. + 49 (0)711 784730
Fax + 49 (0)711 7800996
Tel. + 49 (0)7121 4330890
Fax + 49 (0)7121 43308920
The controller has appointed a data protection officer, who can be contacted as follows:
Kohler Schmid Möbus Patentanwälte
Tel. + 49 (0)711 784730
Fax + 49 (0)711 7800996
Every data subject can contact our data protection officer directly at any time with any questions and suggestions regarding data protection.
3. Collection of general data and information when visiting our website
Our website collects a range of general data and information every time a data subject or automated system accesses our website. This general data and information is stored in the server’s log files. The following may be recorded
the operating system used by the accessing system and its interface,
the browser types used, including language and version of the browser software,
the website from which an accessing system accesses our website (so-called referrer),
the sub-pages, which are accessed by an accessing system on our website,
the date and time of access to the website (including time zone difference to the Universal Time Coordinated (UTC),
the amount of data transmitted in each case,
an Internet Protocol (IP) address,
the internet service provider of the accessing system
other similar data and information which serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB does not draw any conclusions about the data subject. this information is required
to deliver the contents of our website correctly,
to optimise the contents of our website and the advertising for it,
to guarantee the permanent functionality of our information technology systems and the technology of our website,
to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack.
This anonymously collected data and information is evaluated both statistically and with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.
Your Cookie Preferences
By using cookies, we can provide our website users with more user-friendly services that would not be possible without the cookies.
Cookies allow us to optimise the information and offers on our website in the interest of the user. As already mentioned, cookies enable us to recognise our website users. The purpose of this recognition is to make it easier for users to use our website.
Some functions of our website cannot be provided without the use of technically necessary cookies. Other cookies, on the other hand, enable us to perform various analyses. With the help of cookies, we can, among other things, make our website more user-friendly and effective for you, for example by tracking your use of our website and determining your preferred settings. If third parties process information via cookies, they collect the information directly via your internet browser . Cookies do not cause any damage to your end device. They cannot run programs and cannot contain viruses.
Various cookies are used on our website, the type and function of which are explained in more detail below.
Types of cookies used:
Type 1: Session cookies
Our website uses session cookies which are automatically deleted when you close your internet browser . Cookies of this type are technically necessary to enable you to use our website.
Type 2: Persistent cookies
Persistent cookies are also used on our website. Persistent cookies are cookies that are still stored in your internet browser or computer system for an extended period of time after you close your internet browser . They are activated each time you revisit the website that set the cookie, or are otherwise recognised, for example, by an advertising network. The information stored in the persistent cookie is then transmitted to the website or advertising network. The respective storage duration differs depending on the cookie. You can delete persistent cookies yourself in your browser settings.
First-party cookies are set by the operator of the visited website and cannot be read across websites.
Functions of the cookies we use:
Function 1: Necessary cookies
These cookies are necessary for technical reasons, to enable you to visit our website and use the functions we offer. This refers, for example, to those cookies that ensure that a user-specific configuration of functionalities on our website that you have set up yourself is retained across sessions. These cookies also contribute to a safe and proper use of the website.
Function 2: Performance related cookies
With the help of these cookies, we are able to analyse website use and improve the performance and functionality of our website. For example, information is collected about how our website is used by visitors, which pages of the website are most frequently visited or whether error messages are displayed on certain pages.
Function 3: Cookies for marketing:
Advertising cookies (third-party provider) allow us to show you various offers that match your interests. These cookies are used to record the web activities of users over a longer period of time. The cookies may recognise you when you use different end devices.
Cookies as described in functions 2 and 3 are only activated if you have given your consent for this. You can give your consent by actively clicking on “Accept” in the displayed notice (where applicable after selecting individual cookies or groups of cookies for which you give consent). You can revoke your consent at any time, e.g. by reopening the consent banner and changing your settings. Your revocation does not affect the lawfulness of any processing carried out on the basis of the consent given before the revocation.
Please note: If you exercise your right of revocation against the use of such a cookie, an opt-out cookie will be set in your internet browser , which will block further data collection by advertising cookies placed by the website operator or a third party. If you delete this opt-out cookie, renewed data collection will not be prevented. Please inform yourself about the lifetime of an opt-out cookie.
Most internet browsers are pre-set to accept cookies by default. You can, however, configure your respective internet browser so that it only accepts certain cookies or no cookies at all. Please note that you may no longer be able to use functions of our website and may receive warnings or error messages instead if cookies are deactivated by your browser settings on our website.
In your browser settings, you can also delete cookies that have already been stored in your internet browser. It is also possible to set your internet browser to notify you before cookies are stored. Since the various internet browsers may differ in their respective modes of operation, we ask that you use your internet browser’s help menu for the configuration options. You can find information for the most common internet browsers here:
Google Chrome https://support.google.com/chrome/answer/95647?hl=en
Mozilla Firefox https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
Apple Safari https://support.apple.com/en-gb/guide/safari/sfri11471/mac
Microsoft Internet Explorer https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
If you want a comprehensive overview of all third party access to your internet browser, we recommend the installation of specially developed plug-ins.
We recommend that you always log off completely after you have finished using a terminal device that you share with other people whose internet browser is set to allow cookies.
You can contact us by post, telephone, fax or email.
If you contact us by post, we may especially process your address data (e.g. surname, first name, street, place of residence, postcode), date and time of receipt of the mail as well as data derived from the letter itself.
If contact is established, a secretarial service may also process your data and transfer them to us following your contact. Depending on the data you provide, we will then contact you again either by phone, fax or email and call you back or write to you if necessary.
If you contact us by telephone, we will especially process your telephone number and, if necessary, during the conversation, your name, your email address, the time of the call and the details of your request.
If you contact us by fax, the fax number or the sender identification as well as the data derived from the fax will be processed.
If you contact us by email, your email address, the time of the email and the data derived from the message text (and attachments if applicable) are processed.
The purpose of processing for the above-mentioned data is to process your contact request and to be able to get in touch with you in order to answer your request. The legal basis for the processing of personal data described here is Art 6 (1) (f) GDPR. Our legitimate interest is offering you the opportunity to contact us at any time and being able to answer your questions.
Personal data is only processed as long as it is necessary for the processing of the contact request.
6. Contact option via the website
Due to legal regulations, the KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB website contains information that enables rapid electronic contact with our company as well as direct communication with us, which also includes a general address for so-called electronic mail (email address). If you contact us by email or via a contact form, the personal data you have submitted will be stored automatically. Personal data that you voluntarily provide to us will be stored for the purpose of processing your request or contacting you. This personal data will not be disclosed to third parties.
7. Routine deletion and blocking of personal data
We only process and store your personal data for the period of time required to achieve the purpose of storage or if this is provided for by the European legislator or other legislator in laws or regulations to which we are subject.
If the reason for storage no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
8. Rights of the data subject
(a) Right to confirmation
Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether personal data relating to him or her is being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact an employee of the controller.
(b) Right to information
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain at, any time and free of charge, from the data controller information on personal data relating to him or her and a copy thereof. The European legislator also grants the data subject the right to obtain the following information:
the processing purposes
the categories of personal data processed
the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular to recipients in third countries or international organisations
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
the existence of a right of rectification or erasure of personal data relating to him or her or of a restriction on processing by the controller or a right to object to such processing
the existence of a right of appeal to a supervisory authority
if the personal data is not collected from the data subject: all available information about the origin of the data
the existence of automated decision making, including profiling, in accordance with Article 22 (1) and (4) GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended consequences of such processing for the data subject.
The data subject shall also have the right to obtain information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she may, at any time, contact an employee of the controller.
(c) Right to rectification
Any person affected by the processing of personal data has the right, granted by the European legislator, to request the rectification of inaccurate personal data concerning him or her without delay. The data subject shall also have the right to obtain the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact an employee of the controller.
(d) Right of cancellation (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the immediate erasure of personal data relating to him/her, if one of the following reasons applies and provided that the processing is not necessary:
The personal data was collected or otherwise processed for purposes for which it is no longer required.
The data subject revokes the consent on which the processing was based pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing.
The data subject lodges an objection to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate reasons for processing, or the data subject lodges an objection to the processing pursuant to Art. 21 (2) GDPR.
The personal data was processed unlawfully.
The deletion of personal data is necessary to comply with a legal obligation under European Union law or the law of the Member States to which the controller is subject.
The personal data was collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.
If one of the above reasons applies and a data subject wishes to request the deletion of personal data stored by KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB, he or she can contact an employee of the data controller at any time. The KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB employee will ensure that the request for deletion is complied with without delay.
If the personal data has been made public by KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB and our company, as the data controller, is obliged to delete the personal data in accordance with Art. 17 Para. 1 GDPR, KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. The KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB employee will make the necessary arrangements in individual cases.
(e) Right to restrict processing
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the restriction of processing if one of the following conditions is met:
The accuracy of the personal data is contested by the data subject, for a period of time that allows the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted.
The controller no longer needs the personal data for the processing purpose for which it was collected, but the data subject needs it for the purpose of asserting, exercising or defending legal claims.
The data subject has lodged an objection to the processing pursuant to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB, he/she can contact an employee of the data controller at any time. The KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB employee will initiate the restriction of processing.
(f) Right to data portability
Any person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning him or her which has been made available to a controller by the data subject in a structured, common and machine-readable format. The data subject also has the right to have such data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or on a contract pursuant to Art. 6 (1) (b) GDPR and the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In exercising their right to data transfer, the data subject also has the right, in accordance with Art. 20 (1) GDPR, to obtain that personal data be transferred directly from one controller to another, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.
In order to assert the right to data transfer, the data subject can contact an employee of KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB at any time.
(g) Right of appeal
Any person affected by the processing of personal data has the right, granted by the European legislator, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her carried out pursuant to Art. 6 (1) (e) or (f) GDPR. This also applies to profiling based on these provisions.
KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB no longer processes personal data in the event of an objection, unless we can prove compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB processes personal data in order to carry out direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is associated with such direct advertising. If the data subject objects to KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB processing for direct advertising purposes, KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB will no longer process the personal data for these purposes.
The data subject also has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB for the purposes of scientific or historical research or for statistical purposes, in accordance with Art. 89 (1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right of objection, the data subject may directly contact any employee of KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB or any other employee. The data subject shall also be free to exercise his or her right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
(h) Automated case-by-case decisions including profiling
Any person affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way provided that the decision
(1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or
(2) is authorised by European Union or national legislation to which the controller is subject and that legislation provides for appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, or
(3) with the express consent of the data subject.
If the decision is
(1) necessary for the conclusion or performance of a contract between the data subject and the controller; or
(2) if it is carried out with the express consent of the data subject,
KOHLER SCHMID MÖBIUS PARTNERSCHAFTSGESELLSCHAFT MBB will take reasonable steps to safeguard the rights and freedoms as well as the legitimate interests of the data subject, which shall include at least the right to obtain the intervention of a person in charge, to express his or her point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may contact an employee of the controller at any time.
(i) Right to revoke data protection consent
Every person affected by the processing of personal data has the right, granted by the European legislator, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to revoke consent, he or she may contact an employee of the controller at any time.
(j) Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are domiciled, your place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you is in breach of the GDPR.
The supervisory authority to which the complaint was filed shall inform the complainant of the status and the results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
Contact details of the competent supervisory authority:
State Commissioner for Data Protection and Freedom of Information
Königstrasse 10 a
Postfach 10 29 32
9. Data protection for applications and the application proces
We collect and process the personal data of applicants for the purpose of processing the application. The processing may also be carried out by electronic means. This is especially the case if an applicant submits the relevant application documents to us electronically, for example by email or via a web form on the website.
If we conclude an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If we do not conclude an employment contract with the applicant, the application documents are automatically deleted six months after notification of the rejection decision, provided that no other legitimate interests on our part conflict with a deletion. Other legitimate interests in this sense include, for example, a duty to provide evidence in proceedings under the General Equal Treatment Act (GETA).
We operate a so-called Facebook fan page on the social media platform Facebook. Facebook Ireland Ltd (“Facebook”) provides us, as the operator, with “Facebook Insights”. These are various statistics that provide us with information about how visitors use our Facebook fan page. You can also find further information on this under https://www.facebook.com/business/pages/manage#page_insights.
Various information provided by you (including personal data) is processed by Facebook to produce these statistics.
With regard to the processing of the Insights data, we have a joint responsibility with Facebook in the sense of Art. 26 GDPR. For the detailed regulation of the respective responsibilities, Facebook has created an updated Page Insights supplement, which came into force on 28 November 2019 and applies to the further use of Facebook Pages since that date.
In the interests of transparency, we make this information from Facebook available to you in the following; you can also find it directly on Facebook at https://www.facebook.com/legal/terms/page_controller_addendum.
* * *
Information about Page Insights
This includes information about how people use the Facebook Products, such as the types of content that they view or engage with, or the actions they take (see under “Things that you and others do and provide” in Facebook’s Data Policy), as well as information about the devices they use (e.g. IP addresses, operating system, browser type, language settings, cookie data; see under “Device information” in Facebook’s Data Policy). Which information Facebook actually collects depends on whether and how people use the Facebook products.
As explained in Facebook’s Data Policy under “How do we use this information?”, Facebook also collects and uses information to provide analytics services called Page-Insights to Page admins to help them understand how people interact with their Pages and the content associated with them. The processing of personal data for Page Insights might be subject to the joint controllership arrangement (Page Insights Controller Addendum) below.
Data processing for Page Insights
Page Insights are aggregated statistics that are created from certain events logged by Facebook servers when people interact with Pages and the content associated with them.
Such events are made up of varying data points such as the following depending on the specific event:
An action. This includes actions like the following (you can see actions available for your Page in your Page’s Insights section):
Viewing a Page, post, video, story or other content associated with a Page
Interacting with a story
Following or unfollowing a Page
Liking or unliking a Page or post
Recommending a Page in a post or comment
Commenting on, sharing or reacting to a Page’s post (including the type of reaction)
Hiding a Page’s post or reporting it as spam
Hovering over a link to a Page or a Page’s name or profile picture to see a preview of the Page’s content
Clicking on the website, phone number, Get Directions button or other button on a Page
Having a Page’s event on screen, responding to an event including type of reaction, clicking on a link for event tickets
Starting a Messenger communication with the Page
Viewing or clicking on items in Page’s shop
Information about the action, the person taking the action, and the browser/app used for it such as the following:
Date and time of action
Country/City (estimated from IP address or imported from user profile for logged in users)
Language code (from browser’s http header and/or language setting)
Age/gender group (from user profile for logged in users only)
Website previously visited (from browser’s http header)
Whether the action was taken from a computer or mobile device (from browser’s user agent or app attributes)
FB user ID (for logged in users only)
We determine whether people are logged in users of Facebook via cookies in accordance with our Cookies Policy. Only a few events can be triggered by people who are not logged in to Facebook. This includes visiting a Page or clicking on a photo or video in a post to view it.
Page admins do not have access to the personal data processed as part of events but only to the aggregated Page Insights. Events used to create Page Insights do not store IP addresses, cookie IDs or any other identifiers associated with people or their devices aside from a FB user ID for people logged in to Facebook.
The events logged by Facebook in order to create Page Insights are solely defined by Facebook and cannot be set, changed or otherwise be influenced by Page admins.
Page Insights Controller Addendum
Where an interaction of people with your Page and the content associated with it triggers the creation of an event for Page Insights which includes personal data for whose processing you (and/or any third party for whom you are creating or administering the Page) determine the means and purposes of the processing jointly with Facebook Ireland Limited, you acknowledge and agree on your own behalf (and as agent for and on behalf of any such other third party) that this Page Insights Controller Addendum (“Page Insights Addendum”) applies:
You and Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland (“Facebook Ireland”, “we” or “us”; together the “Parties”) acknowledge and agree to be joint controllers in accordance with Article 26 GDPR for the processing of such personal data in events for Page-Insights (“Insights Data”). The joint controllership covers the creation of those events and their aggregation into Page Insights that are provided to Page admins. The Parties agree that for any other processing of personal data in connection with a Page and/or the content associated with it for which there is no joint determination of the purposes and means, Facebook Ireland and, as the case may be, you, remain separate and independent controllers.
The processing of Insights Data is subject to the provisions of this Page Insights Addendum. They apply to all activities in the course of which Facebook Ireland, its employees or processor(s) process Insights Data.
Facebook Ireland’s and your responsibilities for compliance with the obligations under the GDPR with regard to the processing of Insights Data are determined as follows:
Facebook Ireland: Facebook Ireland will ensure it has a legal basis for the processing of Insights Data which is set out in Facebook Ireland’s Data Policy (see under “What is our legal basis for processing data?”). Unless specified otherwise in this Page Insights Addendum, between you and Facebook Ireland, Facebook Ireland assumes the responsibility for compliance with the applicable obligations under the GDPR for the processing of Insights Data (including, but not limited to, Articles 12 and 13 GDPR, Articles 15 to 21 GDPR, Articles 33 and 34 GDPR). Facebook Ireland will implement appropriate technical and organisational measures to ensure the security of the processing in accordance with Article 32 GDPR. This does include the measures listed in the Annex below (as updated from time to time, for example to reflect technological developments). All Facebook Ireland employees involved in the processing of Insights data are bound by appropriate agreements to maintain the confidentiality of Insights data.Page Admins: You should ensure that you also have a legal basis for the processing of Insights Data. In addition to the information provided to data subjects by Facebook Ireland via the Information on page insights , you should identify your own legal basis including the legitimate interests you pursue, if applicable, the responsible data controller(s) on your side including their contact details as well as the contact details of the data protection officer(s) (Article 13(1)(a-d) GDPR), if any.
Facebook Ireland will make the essence of this Page Insights Addendum available to data subjects (Article 26(2) GDPR). This is currently done via the Information on page insights- data which can be accessed from all Pages.
Facebook Ireland decides in its sole discretion how to comply with its obligations under this Page Insights Addendum. You acknowledge and agree that only Facebook Ireland has the power to implement decisions about the processing of Insights Data. You also acknowledge and agree that the lead supervisory authority for the joint processing is the Irish Data Protection Commission (notwithstanding Article 55(2) GDPR, where applicable).
This Page Insights Addendum does not grant you any right to request the disclosure of personal data of Facebook users that is processed in connection with Facebook Products, including for Page Insights that we provide to you.
The Parties designate the communication channels referenced in the Information about page insights- data or in any subsequent document as contact points for data subjects.
If data subjects assert their rights vis-à-vis you under the GDPR with regard to the processing of Insights data (Article 26(3) GDPR) or if a supervisory authority contacts you with regard to the processing of Insights data (in each case a “request”), you are obliged to provide us with all relevant information on such requests without delay, but at the latest within seven calendar days. For this purpose, you can submit this form. Facebook Ireland agrees to answer requests from data subjects in accordance with our obligations under this Page Insights Addendum. You agree to take all reasonable endeavours in a timely manner to cooperate with us in answering any such Request. You are not authorised to act or answer on Facebook Ireland’s behalf.
If you use a Page, you agree that any claim, cause of action or dispute that you have against us, which arises out of or relates to this Page Insights Addendum, must be resolved exclusively in the courts of Ireland, that you irrevocably submit to the jurisdiction of the Irish courts for the purpose of litigating any such claim and that the laws of Ireland will govern this Page Insights Addendum, without regard to conflict of law provisions. If you are a consumer who habitually resides in a Member State of the European Union, only 4.4 of our Terms of Service applies.
We may need to update this Page Insights Addendum from time to time. By continuing any use of Pages after any notification of an update to this Page Insights Addendum, you agree to be bound by it. If you do not agree to the updated Page Insights Addendum, please stop all use of Pages. If you are a consumer who habitually resides in a Member State of the European Union, only 4.1 of our Terms of Service applies.
If any portion of this Page Insights Addendum is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any portion of this Page Insights Addendum, it will not be considered a waiver. Any amendment to or waiver of these terms requested by you must be made in writing and signed by us.
This Page Insights Addendum applies only to the processing of personal data within the scope of Regulation (EU) 2016/679 (“GDPR”). “personal data”, “processing”, “controller”, “processor”, “supervisory authority” and “data subject” in this Page Insights Addendum have the meanings set out in the GDPR.
“Applicable Products” includes Facebook Pages and Page Insights.
1. Organization of information security
Facebook has a designated security officer with overall responsibility for security in the organization. Facebook has personnel responsible for oversight of security of the Applicable Products.
2. Physical and environmental safety
Facebook’s security measures include controls designed to provide reasonable assurance that physical access to data processing facilities is limited to authorized persons and that environmental controls are established to detect, prevent, and control destruction due to environmental hazards. The controls include:
a) Logging and auditing of physical access to the data processing facility by employees and contractors;
b) Camera surveillance systems at the data processing facility;
c) Systems that monitor and control the temperature and humidity for the computer equipment at the data processing facility;
d) Power supply and backup generators at the data processing facility;
e) Procedures for secure deletion and disposal of data, subject to the Applicable Product Terms; and
f) Protocols requiring ID cards for entry to all Facebook facilities for all personnel working on the Applicable Products.
a) Training. Facebook ensures that all personnel with access to Insights Data undergo security training.
b) Screening and Background Checks. Facebook has a process for:
I) verifying the identity of the personnel with access to Insights Data; and
II) performing background checks, where legally permissible, on personnel working on or supporting aspects pertaining to the Applicable Products in accordance with Facebook standards.
c) Personnel Security Breach. Facebook takes disciplinary action in the event of unauthorized access to Insights Data by Facebook personnel, including, where legally permissible, punishments up to and including termination.
4. Security Testing
Facebook performs regular security and vulnerability testing to assess whether key controls are implemented properly and are effective.
5. Access Control
a) Password Management. Facebook has established procedures for password management for its personnel, designed to ensure passwords are personal to each individual, and inaccessible to unauthorized persons including at minimum:
I) password provisioning, including procedures designed to verify the identity of the user prior to a new, replacement, or temporary password;
II) cryptographically protecting passwords when stored in computer systems or in transit over the network;
III) altering default passwords from vendors;
IV) strong passwords relative to their intended use; and
V) education on good password practices.
b) Access Management. Facebook also controls and monitors its personnel’s access to its systems using the following:
I) established procedures for changing and revoking access rights and user IDs, without undue delay;
II) established procedures for reporting and revoking compromised access credentials (passwords, tokens etc.);
III) maintaining appropriate security logs including where applicable with user ID and timestamp;
IV) synchronizing clocks with NTP; and
V) logging the following minimum user access management events:
Failed and successful authentication and access attempts; and
Read and write operations.
6. Communications Security
a) Network Security
I) Facebook employs technology that is consistent with industry standards for network segregation.
II) Remote network access to Facebook systems requires encrypted communication via secured protocols, and use of multi-factor authentication.
b) Protection of Data in Transit. Protection of Data in Transit. Facebook enforces use of appropriate protocols designed to protect the confidentiality of data in transit over public networks.
7. Vulnerability Management
Facebook institutes and maintains a vulnerability management program covering the Applicable Products that includes definitions of roles and responsibilities for vulnerability monitoring, vulnerability risk assessment, and patch deployment.
8. Security Incident Management
a) Facebook maintains a security incident response plan for monitoring, detecting, and handling possible security incidents affecting Insights Data. The security incident response plan at least includes definitions of roles and responsibility, communication, and post mortem reviews, including root cause analysis and remediation plans.
b) Facebook monitors for any security breaches and malicious activity affecting Insights Data.
* * *
The following contains the essential information regarding the agreement concluded between Facebook and us in accordance with Art. 26 GDPR.
The following are jointly responsible for processing
Facebook Ireland Ltd
4 Grand Canal Square
Facebook Ireland Ltd
4 Grand Canal Square
Kohler Schmid Möbus Patentanwälte
Tel. + 49 (0)711 784730
Fax + 49 (0)711 7800996
Tel. + 49 (0)7121 4330890
Fax + 49 (0)7121 43308920
Facebook has assumed the primary responsibility for all data processing obligations under the GDPR. This means in particular:
That Facebook assumes the necessary information obligations (e.g. according to Art. 13 GDPR),
Rights of affected persons can be asserted against Facebook (e.g. claim for information or deletion, objections to data processing or the revocation of granted consent),
Ensuring the technical and organisational measures of data processing.
Irrespective of Facebook’s primary responsibility, you can also assert your rights under the GDPR directly against us. We will then forward your request to Facebook via a form available for this purpose.
The legal bases and the purposes of Facebook’s processing can be found at https://www.facebook.com/about/privacy/legal_bases and https://en-gb.facebook.com/policy.php.
We have a legitimate interest in being able to track user behaviour on our Facebook fan page; accordingly, the legal basis for processing the data is Art 6 (1) 1 lit. f GDPR. In this way, it is possible for us to record the range and effectiveness of our activities such as campaigns and posts through processed statistics. This enables us – which is also the purpose of the processing according to the GDPR – to continuously optimise our website and our range of products and services according to demand.
Facebook can process the following data in particular:
User interaction, such as click behaviour, posts, likes, video viewing, page views, etc.
Demographic characteristics, such as age, gender, federal state, etc.
System and device information (browser type, operating system, etc.)
When you visit our Facebook fan page, the exact processing of your data depends on whether you have a Facebook account or not. If you have an account with Facebook, Facebook can permanently associate the data with your account to learn more about you.
But even if you do not have an account with Facebook, Facebook can still store your data. This can be done using cookies. This allows Facebook to store and process information about you, even if you do not have a Facebook account. You can find further information about Facebook cookies at https://en-gb.facebook.com/policies/cookies/.
We only receive anonymous statistics from Facebook about the use of our fan page. We can only see how many users have performed which interactions, but not which user has performed a particular action. The statistics of the Insights data do not, therefore, allow us to draw conclusions about a specific person.
In an appendix to the information on Page Insights, Facebook also provides information on the technical and organisational measures taken in accordance with Art. 32 GDPR to protect your data.
You can assert your aforementioned rights directly against Facebook or us in cases of joint responsibility.
You can determine the storage duration of the respective cookies via your browser when you display the cookies (usually by clicking on the “i” next to the address bar, e.g. in Firefox or Google Chrome).
11. Use of social media plugins or links
We currently use the following social media plugins: Facebook, Instagram, YouTube, Twitter. We use the so-called two-click solution. This means that when you visit our site, no personal data is initially disclosed to the providers of the plugins. You can recognise the provider of the plugin by the mark on the box by its initial letter or logo. We give you the opportunity to communicate directly with the provider of the plugin via the button. The plugin provider will only receive the information that you have visited the corresponding website of our online offer if you click on the marked field, thereby activating it. Other data is also transmitted. In the case of Facebook, according to the provider in Germany, the IP address is anonymised immediately after it is collected. By activating the plugin, your personal data is transmitted to the respective plugin provider and stored there (in the case of US providers in the USA). Since the plugin provider especially collects data via cookies, we recommend that you delete all cookies via the security settings of your browser.
We have no influence on the collected data and data processing procedures, nor are we aware of the full scope of data collection, the purposes of processing or the storage periods. We also do not have any information about the deletion of the collected data by the plugin provider.
The plugin provider stores the data collected about you as user profiles and uses them for purposes of advertising, market research and/or the demand-oriented design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) for the purpose of presenting demand-oriented advertising and to inform other users of the social network about your activities on our website. You have a right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider in order to exercise this right. Through the plugins we offer you the option to interact with social networks and other users, so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plugins is Art. 6 (1) sentence 1 lit. f GDPR.
The data is disclosed regardless of whether you have an account with the plugin provider and are logged in there. If you are logged in with the plugin provider, the data we collect will be directly assigned to your account with the plugin provider. If you click on the activated button and, for example, link to the page, the plugin provider will also save this information in your user account and share it publicly with your contacts. We recommend that you log out regularly after using a social network, but especially before activating the button, as this will help you avoid being assigned to your profile with the plugin provider.
Alternatively, if only links to the services are included, you will be redirected to our respective page after clicking on the link, i.e. only then will data be transferred to the corresponding service.
Further information on the purpose and scope of data collection and processing by the plug-in provider can be found in the privacy policies of these providers, which are provided below. There you will also receive further information on your rights in this regard and setting options to protect your privacy.
Addresses of the respective plugin providers and URL with their privacy policies:
Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA https://www.facebook.com/policy.php; further information on data collection https://www.facebook.com/help/186325668085084, https://www.facebook.com/about/privacy/your-info-on-other#applications and https://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook has submitted to the EU-US privacy shield, https://www.privacyshield.gov/EU-US-Framework.
YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066 USA; subsidiary of Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA https://www.google.com/policies/privacy/partners/?hl=de. Google has submitted to the EU-US privacy shield, https://www.privacyshield.gov/EU-US-Framework.
Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA https://twitter.com/privacy. Twitter has submitted to the EU-US privacy shield, https://www.privacyshield.gov/EU-US-Framework.
Instagram: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland https://help.instagram.com/155833707900388 https://www.instagram.com/about/legal/privacy/.
12. Information about Google services
On our website we use various services provided by Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.
The integration of the Google services allows Google to collect and process information (including personal data). It cannot be excluded that Google also transfers this information to a server in a third country.
As stated in Google’s Privacy Shield certification (which is available at https://www.privacyshield.gov/list with the search term “Google”; see also https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI), Google has committed to complying with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework on the collection, use and storage of personal data from EU member states and Switzerland respectively. Google, including Google, LLC and its wholly owned subsidiaries in the US, have declared with its certification that they will observe the Privacy Shield principles. You can find further information at https://www.google.co.uk/policies/privacy/frameworks/.
We cannot influence which data Google actually collects and processes. However, Google states that it may process the following information (including personal data):
Log data (especially the IP address)
Unique application numbers
Cookies and similar technologies
If you have logged in to your Google account, Google – depending on your account settings – can add the processed information to your account and treat them as personal data You can find further information at https://www.google.co.uk/policies/privacy/partners.
Among other things, Google states the following:
“We may link personal data from a service to information and personal data from other Google services. This simplifies sharing of content with friends and acquaintances, for example. According to your account settings, your activities on other websites and in apps may be linked to your personal data to improve Google services and advertisements shown by Google.” (https://www.google.com/intl/en/policies/privacy/index.html)
You can prevent this information from being added directly by signing out of your Google Account, or by changing the appropriate account settings in your Google Account.
You can alsochange your cookie settings (e.g. delete cookies, block cookies, etc.).
For information regarding Google’s privacy settings please refer to https://privacy.google.com/take-control.html.
The provision of personal data is neither required by law nor by contract, nor is it necessary for the conclusion of a contract. You are also not obliged to provide the personal data. However, the non-availability of this website may mean that you are unable to use some of the functions of our website or cannot use them to their full extent.
13. Application and use of Google Analytics for web analysis
We have integrated the component Google Analytics (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, compilation and evaluation of data on the behaviour of visitors to websites. Among other things, a web analysis service collects data about the website from which a data subject has accessed a website (so-called referrer), which sub-pages of the website have been accessed or how often and for how long a sub page has been viewed. A web analysis is mainly used to optimise a website and to analyse the cost-benefit of internet advertising.
The operating company of the Google Analytics component is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
We only use Google Analytics with activated IP anonymisation (“anonymous IP”). Using this addition, the IP address of your internet connection is shortened and anonymised by Google if our websites are accessed from a member state of the European Union or from another state that is a party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is the analysis of visitor flows on our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us which show the activities on our website, and to provide further services in connection with the use of our website.
The legal basis for the processing of your data is your consent in accordance with Art. 6 (1) sentence 1 lit. a GDPR.
Google Analytics sets a cookie on your system. By setting the cookie, Google is able to analyse the use of our website. Every time you visit one of the individual pages of this website, which is operated by us and on which a Google Analytics component has been integrated, the internet browser on your system is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google receives knowledge of personal data such as your IP address, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.
The cookie is used to store personal information such as the time of access, the location from which access was made and the frequency of your visits to our website. Whenever you visit our website, this personal data, including the IP address of your internet connection, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may disclose this personal data collected via the technical process to third parties.
You can prevent the setting of cookies by our website at any time using a corresponding setting in the internet browser and thus permanently object to the setting of cookies. This setting on the internet browser would also prevent Google from placing a cookie on your system. A cookie that has already been set by Google Analytics can be deleted at any time via the internet browser or other software programs.
Revocation of your consent
We only use Google Analytics with your consent. You can revoke a consent that you have granted,
by preventing the storage of cookies through a corresponding setting in your browser software; however, we advise you that in this case you may not be able to use all the functions of our website to their full extent;
by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en
removing the consent from Google Analytics in the consent tool to prevent collection by Google Analytics on our website in the future. An opt-out cookie is stored in your browser. Please note that you must activate the opt-out cookie in every browser you use on all of your end devices and that you may need to reactivate it once you delete all the cookies in a browser.
14. Use of Google Web Fonts
We use external fonts on our website, so-called Google Fonts. Google Fonts is a service of Google Inc. (“Google”), 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
The web fonts are integrated via an interface (“API”) to the Google services. By integrating the web fonts, Google may collect and process information (including personal data). It cannot be ruled out that Google will also transmit the information to a server in a third country.
Information on Google’s existing Privacy Shield certification and other relevant data for data processing by Google when using the Google services can be found in this data protection notice under the section “Information on Google services”.
We ourselves do not collect any data as part of the provision of the Google Fonts.
By integrating Google Fonts, we pursue the purpose of being able to display uniform fonts on your device.
The legal basis for the processing of personal data described here is Art. 6 Para. 1 lit. f GDPR. Our legitimate interest required for this lies in the great benefit that a uniform representation of the fonts offers. Thanks to the possibility of a uniform display, we keep the design effort lower than if we had to react to the font standards of different operating systems or browsers with our own graphically adapted websites. Google also has a legitimate interest in the (personal) data collected to improve its own services.
15. Legal basis of the processing
Art. 6 (1) (a) GDPR serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which the data subject is party, such as processing operations necessary for the supply of goods or any other service or consideration, the processing is based on Art. 6 (1) (b) GDPR. The same applies to processing operations which are necessary to carry out pre-contractual measures, for example in cases of enquiries about our products or services.
If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 (1) (c) GDPR.
Ultimately, processing operations could be based on Art. 6 (1) (f) GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, unless the interests, fundamental rights and freedoms of the data subject prevail. Processing operations of this kind are especially permitted because they were specifically mentioned by the European legislator. They took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is the efficient performance of our business activities for the benefit of the well-being of our employees and our shareholders.
16. Storage period of personal data
The criterion for the duration of storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of the contract.
17. Updating/deleting your personal data
You have the option to check, change or delete the personal data provided to us at any time by sending us an email to email@example.com. In this way you can also exclude the receipt of further information for the future.
Likewise, you have the right to revoke any consent you have given at any time with effect for the future.
The deletion of the stored personal data is carried out if you revoke your consent to storage.
We only process and store your personal data for the period of time required to achieve the purpose of storage, or if required by the European legislator or other legislator in laws or regulations to which we are subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
18. Legal or contractual provisions on the provision of personal data
We advise you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for the conclusion of a contract that a data subject provides us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
19. Existence of an automated decision making process
As a responsible company, we avoid automatic decision making or profiling.
20. Notification of changes
In the event of such a change, we will inform you of this at least six weeks before it takes effect. You are generally entitled to a right of revocation with regard to the consents you have given.