Table of Contents

• Responsible
• Overview of Processing
• Operations Applicable Legal Bases
• Transfer of Personal Data
• General Information on Data Storage and Deletion
• Rights of Data Subjects
• Business Services Provision of Online Services and Web Hosting
• Contact and Inquiry Management
• Social Media Presence
• Use of Cookies
• Changes & Updates

Responsible

Kulka & Vogel GbR
Erkrather Strasse 401
40231 Düsseldorf
Germany

Authorized Representative:
Philipp Kulka

Email address: [email protected]
Legal Notice: https://animongo.com/legal-notice

Overview of Processing Operations

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of Processed Data:

• Inventory data.
• Payment data.
• Contact details.
• Content data.
• Contract data.
• Usage data.
• Meta, communication and procedural data.
• Log data.

Categories of Data Subjects:

• Service recipients and clients.
• Interested parties.
• Communication partners.
• Users.
• Business and contractual partners.

Purposes of Processing:

• Provision of contractual services and fulfillment of contractual obligations.
• Communication.
• Security measures.
• Office and organizational procedures.
• Organizational and administrative procedures.
• Feedback.
• Provision of our online services and user-friendliness.
• Information technology infrastructure.
• Public relations.
• Business processes and business management procedures.

Applicable Legal Bases

Applicable legal bases according to the GDPR: Below you will find an overview of the legal bases of the GDPR on which we process personal data. Please note that in addition to the regulations of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. Furthermore, should more specific legal bases be relevant in individual cases, we will inform you of these in the privacy policy.

• Contract performance and pre-contractual inquiries (Art. 6(1)(b) GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
• Legal obligation (Art. 6(1)(c) GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
• Legitimate interests (Art. 6(1)(f) GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. This includes in particular the Act on Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act – BDSG). The BDSG contains special provisions on the right to access, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated individual decision-making, including profiling. Furthermore, state data protection laws of the individual federal states may apply.

Note on applicability of GDPR and Swiss DPA: This privacy notice serves to provide information in accordance with both the Swiss DPA and the General Data Protection Regulation (GDPR). For this reason, we ask you to note that due to the broader spatial application and comprehensibility, the terms of the GDPR are used. In particular, instead of the terms „processing“ of „personal data“, „overriding interest“ and „particularly sensitive personal data“ used in the Swiss DPA, the terms „processing“ of „personal data“ as well as „legitimate interest“ and „special categories of data“ used in the GDPR are used. However, the legal meaning of the terms continues to be determined under the Swiss DPA within the scope of application of the Swiss DPA.

Transfer of Personal Data

In the context of our processing of personal data, it may happen that the data is transferred to other entities, companies, legally independent organizational units or persons or disclosed to them. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and in particular conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.

General Information on Data Storage and Deletion

We delete personal data we process in accordance with legal requirements as soon as the underlying consents are revoked or there are no further legal grounds for processing. This applies to cases where the original purpose of processing ceases to exist or the data is no longer needed. Exceptions to this rule exist when legal obligations or special interests require longer retention or archiving of the data.

In particular, data that must be retained for commercial or tax reasons or whose storage is necessary for legal enforcement or to protect the rights of other natural or legal persons must be archived accordingly.

Our privacy notice contains additional information on the retention and deletion of data that applies specifically to certain processing operations. If there are multiple specifications for the retention period or deletion deadline of a data item, the longest period is always applicable.

If a period does not expressly start on a specific date and is at least one year long, it automatically starts at the end of the calendar year in which the event triggering the period occurred. In the case of ongoing contractual relationships in which data is stored, the event triggering the period is the time when the termination or other end of the legal relationship becomes effective.

Data that is no longer needed for the originally intended purpose, but is retained due to legal requirements or other reasons, is processed exclusively for the reasons that justify its retention.

Further Information on Processing Operations, Procedures and Services:

Retention and deletion of data: The following general periods apply for retention and archiving under German law:

• 10 years – Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheet as well as the work instructions and other organizational documents necessary for their understanding, accounting documents and invoices (§ 147 para. 3 in conjunction with para. 1 no. 1, 4 and 4a of the German Fiscal Code (AO), § 14b para. 1 of the German Value Added Tax Act (UStG), § 257 para. 1 no. 1 and 4, para. 4 of the German Commercial Code (HGB)).
• 6 years – Other business documents: received commercial or business letters, reproductions of sent commercial or business letters, other documents insofar as they are relevant for taxation, e.g. hourly wage slips, operating statements, calculation documents, price labels, but also payroll accounting documents, insofar as they are not already accounting documents and cash register receipts (§ 147 para. 3 in conjunction with para. 1 no. 2, 3, 5 AO, § 257 para. 1 no. 2 and 3, para. 4 HGB).
• 3 years – Data necessary to take into account potential warranty and compensation claims or similar contractual claims and rights and to process related inquiries, based on previous business experience and common industry practices, is stored for the duration of the regular statutory limitation period of three years (§§ 195, 199 BGB).

Rights of Data Subjects

Rights of data subjects under the GDPR: As a data subject under the GDPR, you have various rights, which arise in particular from Art. 15 to 21 GDPR:

• Right to object: You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR, including profiling based on those provisions. Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
• Right to withdraw consent: You have the right to withdraw your consent at any time.
• Right of access: You have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and certain information in accordance with the statutory provisions.
• Right to rectification: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and, in accordance with the statutory provisions, the completion of incomplete personal data.
• Right to erasure and restriction of processing: You have the right in accordance with the statutory provisions to request that personal data concerning you be erased without undue delay or, alternatively, to request restriction of processing of the data in accordance with the statutory provisions.
• Right to data portability: You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance in accordance with the statutory provisions.
• Complaint to 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 of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.

Business Services

We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as „contractual partners“) within the context of contractual and comparable legal relationships as well as associated measures and within the context of communication with the contractual partners (or pre-contractually), e.g. to answer inquiries.

We use this data to fulfill our contractual obligations. These include, in particular, the obligations to provide the agreed services, any update obligations and remedies in the event of warranty and other performance disruptions. In addition, we use the data to safeguard our rights and for the purpose of administrative tasks associated with these obligations as well as corporate organization. Furthermore, we process the data on the basis of our legitimate interests in proper and business management as well as security measures to protect our contractual partners and our business operations from misuse, endangerment of their data, secrets, information and rights (e.g. for involvement of telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the framework of applicable law, we only disclose the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations.

Contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the scope of this privacy policy. We inform contractual partners which data is required for the aforementioned purposes before or within the scope of data collection, e.g. in online forms, by special marking (e.g. colors) or symbols (e.g. asterisks or similar), or personally.

We delete the data after expiry of statutory warranty and comparable obligations, i.e., in principle after expiry of 4 years, unless the data is stored in a customer account, e.g., as long as it must be kept for legal reasons of archiving (e.g. for tax purposes usually 10 years). Data disclosed to us within the context of an assignment by the contractual partner will be deleted in accordance with the specifications of the assignment, in principle after the end of the assignment.

• Types of data processed: Inventory data (e.g. full name, residential address, contact information, customer number, etc.); Payment data (e.g. bank details, invoices, payment history); Contact details (e.g. postal and email addresses or telephone numbers). Contract data (e.g. subject matter of contract, duration, customer category).
• Data subjects: Service recipients and clients; Interested parties. Business and contractual partners.
• Purposes of processing: Provision of contractual services and fulfillment of contractual obligations; Communication; Office and organizational procedures; Organizational and administrative procedures. Business processes and business management procedures.
• Retention and deletion: Deletion according to information in the section „General Information on Data Storage and Deletion“.
• Legal bases: Contract performance and pre-contractual inquiries (Art. 6(1)(b) GDPR); Legal obligation (Art. 6(1)(c) GDPR). Legitimate interests (Art. 6(1)(f) GDPR).

Further information on processing operations, procedures and services:

• Agency services: We process the data of our customers in the context of our contractual services, which may include, for example, conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes, handling, server administration, data analysis/consulting services and training services; Legal bases: Contract performance and pre-contractual inquiries (Art. 6(1)(b) GDPR).

Provision of Online Services and Web Hosting

We process users‘ data in order to provide them with our online services. For this purpose, we process the IP address of the user, which is necessary to transmit the content and functions of our online services to the user’s browser or device.

• Types of data processed: Usage data (e.g. web pages visited and dwell time, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and functions); Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, persons involved). Log data (e.g. logfiles concerning logins or the retrieval of data or access times.).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our online services and user-friendliness; Information technology infrastructure (Operation and provision of information systems and technical devices (computers, servers etc.).). Security measures.
• Retention and deletion: Deletion according to information in the section „General Information on Data Storage and Deletion“.
• Legal bases: Legitimate interests (Art. 6(1)(f) GDPR).

Further information on processing operations, procedures and services:

• Collection of access data and log files: Access to our online service is logged in the form of so-called „server log files“. The server log files may include the address and name of the retrieved web pages and files, date and time of retrieval, data volumes transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the utilization of the servers and their stability; Legal bases: Legitimate interests (Art. 6(1)(f) GDPR). Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymized. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.
• Hetzner: Services in the field of providing information technology infrastructure and related services (e.g. storage space and/or computing capacities); Service provider: Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany; Legal bases: Legitimate interests (Art. 6(1)(f) GDPR); Website: https://www.hetzner.com; Privacy Policy: https://www.hetzner.com/de/rechtliches/datenschutz. Data Processing Agreement: https://docs.hetzner.com/de/general/general-terms-and-conditions/data-privacy-faq/.

Contact and Inquiry Management

When contacting us (e.g. by post, contact form, email, telephone or via social media) as well as in the context of existing user and business relationships, the information of the inquiring persons is processed insofar as this is necessary to respond to the contact inquiries and any requested measures.

• Types of data processed: Inventory data (e.g. full name, residential address, contact information, customer number, etc.); Contact details (e.g. postal and email addresses or telephone numbers); Content data (e.g. text or visual messages and posts as well as information relating to them, such as authorship or time of creation); Usage data (e.g. web pages visited and dwell time, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and functions). Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, persons involved).
• Data subjects: Communication partners. Purposes of processing: Communication; Organizational and administrative procedures; Feedback (e.g. collecting feedback via online form). Provision of our online services and user-friendliness.
• Retention and deletion: Deletion according to information in the section „General Information on Data Storage and Deletion“.
• Legal bases: Legitimate interests (Art. 6(1)(f) GDPR). Contract performance and pre-contractual inquiries (Art. 6(1)(b) GDPR).

Further information on processing operations, procedures and services:

• Contact form: When contacting us via our contact form, by email or other communication channels, we process the personal data provided to us to respond to and process the respective request. This usually includes information such as name, contact information, and any additional information communicated to us that is necessary for appropriate processing. We use this data exclusively for the stated purpose of contact and communication; Legal bases: Contract performance and pre-contractual inquiries (Art. 6(1)(b) GDPR), Legitimate interests (Art. 6(1)(f) GDPR).

Social Media Presence

We maintain online presences within social networks and process user data in this context to communicate with users active there or to offer information about us.

We point out that user data may be processed outside the European Union. This may result in risks for users, as it could, for example, make it more difficult to enforce users‘ rights.

Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, usage profiles can be created based on the usage behavior and resulting interests of the users. The usage profiles can in turn be used, for example, to place advertisements within and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users‘ computers, in which the usage behavior and interests of the users are stored. Furthermore, data can be stored in the usage profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in there).

For a detailed presentation of the respective forms of processing and the possibilities for objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.

Also in the case of requests for information and the assertion of data subject rights, we point out that these can be most effectively asserted with the providers. Only the providers have access to the users‘ data and can directly take appropriate measures and provide information. If you still need help, you can contact us.

• Types of data processed: Contact details (e.g. postal and email addresses or telephone numbers); Content data (e.g. text or visual messages and posts as well as information relating to them, such as authorship or time of creation). Usage data (e.g. web pages visited and dwell time, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and functions).
• Data subjects: Users (e.g. website visitors, users of online services). Purposes of processing: Communication; Feedback (e.g. collecting feedback via online form). Public relations.
• Retention and deletion: Deletion according to information in the section „General Information on Data Storage and Deletion“.
• Legal bases: Legitimate interests (Art. 6(1)(f) GDPR).

Further information on processing operations, procedures and services:

• Instagram: Social network, enables sharing of photos and videos, commenting on and favoriting posts, sending messages, subscribing to profiles and pages; Service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Legal bases: Legitimate interests (Art. 6(1)(f) GDPR); Website: https://www.instagram.com; Privacy Policy: https://privacycenter.instagram.com/policy/. Basis for third-country transfers: Data Privacy Framework (DPF).
• Facebook Pages: Profiles within the social network Facebook – We are jointly responsible with Meta Platforms Ireland Limited for the collection (but not the further processing) of data of visitors to our Facebook page (so-called „Fanpage“). This data includes information about the types of content users view or interact with, or the actions they take (see under „Things You and Others Do and Provide“ in the Facebook Data Policy: https://www.facebook.com/privacy/policy/), as well as information about the devices used by users (e.g. IP addresses, operating system, browser type, language settings, cookie data; see under „Device Information“ in the Facebook Data Policy: https://www.facebook.com/privacy/policy/). As explained in the Facebook Data Policy under „How do we use this information?“, Facebook also collects and uses information to provide analytics services, so-called „Page Insights“, to site operators to help them understand how people interact with their pages and with associated content. We have concluded a special agreement with Facebook („Information on Page Insights“, https://www.facebook.com/legal/terms/page_controller_addendum), which regulates in particular which security measures Facebook must observe and in which Facebook has agreed to fulfill data subject rights (i.e. users can, for example, send information or deletion requests directly to Facebook). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with Facebook. Further information can be found in the „Information on Page Insights“ (https://www.facebook.com/legal/terms/information_about_page_insights_data). The joint responsibility is limited to the collection by and transmission of data to Meta Platforms Ireland Limited, a company based in the EU. The further processing of the data is the sole responsibility of Meta Platforms Ireland Limited, which in particular concerns the transfer of the data to the parent company Meta Platforms, Inc. in the USA; Service provider: Meta Platforms Ireland Limited, Merrion Road, Dublin 4, D04 X2K5, Ireland; Legal bases: Legitimate interests (Art. 6(1)(f) GDPR); Website: https://www.facebook.com; Privacy Policy: https://www.facebook.com/privacy/policy/. Basis for third-country transfers: Data Privacy Framework (DPF).
• LinkedIn: Social network – We are jointly responsible with LinkedIn Ireland Unlimited Company for the collection (but not the further processing) of data of visitors to our LinkedIn profiles created for the purpose of creating „Page Insights“ (statistics). This data includes information about the types of content users view or interact with, or the actions they take, as well as information about the devices used by users (e.g. IP addresses, operating system, browser type, language settings, cookie data) and information from users‘ profiles such as job function, country, industry, seniority, company size and employment status. Privacy information on the processing of users‘ data by LinkedIn can be found in LinkedIn’s privacy policy: https://www.linkedin.com/legal/privacy-policy We have concluded a special agreement with LinkedIn Ireland („Page Insights Joint Controller Addendum (the ‚Addendum‘)“, https://legal.linkedin.com/pages-joint-controller-addendum), which in particular regulates which security measures LinkedIn must observe and in which LinkedIn has agreed to fulfill data subject rights (i.e. users can, for example, send information or deletion requests directly to LinkedIn). The rights of users (in particular to information, deletion, objection and complaint to the competent supervisory authority) are not restricted by the agreements with LinkedIn. The joint responsibility is limited to the collection of data and its transmission to LinkedIn Ireland Unlimited Company, a company based in the EU. The further processing of the data is the sole responsibility of LinkedIn Ireland Unlimited Company, which in particular concerns the transfer of the data to the parent company LinkedIn Corporation in the USA; Service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; Legal bases: Legitimate interests (Art. 6(1)(f) GDPR); Website: https://www.linkedin.com; Privacy Policy: https://www.linkedin.com/legal/privacy-policy; Basis for third-country transfers: Data Privacy Framework (DPF). Opt-out option: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Use of Cookies

Cookies are small text files that are stored on your device when you visit our website. These cookies help us to provide you with a smooth, efficient, and personalized experience while using our site.

• Types of data processed: Usage data (e.g. web pages visited, interactions with site functions).
• Data subjects: Users (e.g. website visitors, users of our online services).
• Purposes of processing: Ensuring the proper functioning and security of our website; Improving user experience.
• Retention and deletion: Local cookies are typically stored on your device until they expire or you delete them manually through your browser settings.
• Legal bases: Legitimate interests (Art. 6(1)(f) GDPR).

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in your web browser. Most web browsers allow some control of most cookies through browser settings. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

If you choose to reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited. As we use only essential cookies, disabling them might impact the functionality of the website.

Further information on processing operations, procedures and services:

Essential website cookies: These cookies are strictly necessary to provide you with services available through our website and to use some of its features, such as access to secure areas. Because these cookies are strictly necessary to deliver the website, you cannot refuse them without impacting how our website functions.

Changes & Updates

We kindly ask you to regularly inform yourself about the content of our privacy policy. We adjust the privacy policy as soon as changes in the data processing operations we carry out make this necessary. We will inform you as soon as the changes require an action on your part (e.g., consent) or other individual notification becomes necessary.

If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses may change over time. We kindly ask you to check the information before contacting us.

Our commitment to data protection:

We regularly review our privacy practices to ensure they align with current regulations and best practices. Any significant changes to our privacy policy will be communicated clearly on our website. We strive for transparency in our data processing activities and are always open to questions or concerns from our users.

If you have any questions about our privacy policy or data processing practices, please don’t hesitate to contact us using the information provided at the beginning of this document.

Please note that while we make every effort to keep this privacy policy up-to-date, the definitive version is always the one currently published on our website.

Retention and deletion: This privacy policy is retained for as long as it is current. Older versions may be archived for legal and reference purposes. Legal bases: Fulfillment of legal obligation to inform data subjects (Art. 13 and 14 GDPR).