Brainy concepts
feel creative. think smart.
Brainy concepts
feel creative. think smart.
General Information
The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.
Data Collection on This Website
Who is responsible for the data collection on this website?
The data processing on this website is carried out by the website operator. You can find their contact details in the "Note on the Responsible Party" section of this privacy policy.
How do we collect your data?
Your data is collected firstly by you providing it to us. This can, for example, be data that you enter into a contact form.
Other data is automatically collected or collected with your consent by our IT systems when you visit the website. This is primarily technical data (e.g., internet browser, operating system, or time of page view). This data is collected automatically as soon as you enter this website.
What do we use your data for?
Part of the data is collected to ensure the error-free provision of the website. Other data can be used to analyze your user behavior.
What rights do you have regarding your data?
You have the right at any time to receive information about the origin, recipient, and purpose of your stored personal data free of charge. You also have a right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. Moreover, you have the right to request, under certain circumstances, the restriction of the processing of your personal data. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
For this and other questions on the subject of data protection, you can contact us at any time.
Analysis Tools and Tools from Third Parties
When visiting this website, your surfing behavior can be statistically evaluated. This is primarily done with so-called analysis program. Detailed information on these analysis programs can be found in the following privacy policy.
We host the content of our website with the following provider: Strato
The provider is Strato AG, Otto-Ostrowski-Straße 7, 10249 Berlin (hereinafter "Strato"). When you visit our website, Strato collects various log files including your IP addresses.
For more information, please refer to Strato's privacy policy: https://www.strato.de/datenschutz/.
The use of Strato is based on Art. 6 Para. 1 lit. f GDPR. We have a legitimate interest in the most reliable presentation of our website. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 Para. 1 lit. a GDPR and § 25 Para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's end device (e.g., device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.
Data Processing Agreement
We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that they process the personal data of our website visitors only according to our instructions and in compliance with the GDPR.
Data Protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
When you use this website, various personal data are collected. Personal data is data with which you can be personally identified. This privacy policy explains which data we collect and for what purpose we use it. It also explains how and for what purpose this happens.
Please note that data transmission over the Internet (e.g., when communicating by email) may have security gaps. A complete protection of data from access by third parties is not possible.
Note on the Responsible Entity
The responsible entity for data processing on this website is:
Ivana Dragila Hunoldsberg 3 86150 Augsburg Phone: +498212196348 Email: info@brainy-concepts.com
The responsible entity is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g., names, email addresses, etc.).
Storage Duration
Unless a more specific storage period has been mentioned within this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will occur after these reasons cease to apply.
General Notes on the Legal Bases for Data Processing on This Website
If you have given your consent to data processing, we process your personal data based on Art. 6 Para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR if special categories of data are processed according to Art. 9 Para. 1 GDPR. In the case of explicit consent to the transfer of personal data to third countries, data processing is also based on Art. 49 Para. 1 lit. a GDPR. If you have consented to the storage of cookies or to access information on your end device (e.g., via device fingerprinting), data processing is additionally based on § 25 Para. 1 TTDSG. The consent can be revoked at any time. If your data is required for the performance of a contract or for carrying out pre-contractual measures, we process your data based on Art. 6 Para. 1 lit. b GDPR. Furthermore, we process your data if it is necessary for the fulfillment of a legal obligation based on Art. 6 Para. 1 lit. c GDPR. Data processing may also be based on our legitimate interest according to Art. 6 Para. 1 lit. f GDPR. The respective legal bases in individual cases are provided in the following paragraphs of this privacy policy.
Note on Data Transfer to Non-Secure Third Countries and to US Companies Not Certified Under the DPF
Among other things, we use tools from companies based in non-secure third countries and US tools whose providers are not certified under the EU-US Data Privacy Framework (DPF). When these tools are active, your personal data can be transferred to and processed in these countries. We point out that in non-secure third countries, a level of data protection comparable to that of the EU cannot be guaranteed.
We note that the USA is generally considered a secure third country with a level of data protection comparable to that of the EU. Data transfer to the USA is permissible if the recipient has certification under the "EU-US Data Privacy Framework" (DPF) or has suitable additional guarantees. Information on transfers to third countries, including the data recipients, can be found in this privacy policy.
Recipients of Personal Data
In the course of our business activities, we collaborate with various external entities. This collaboration sometimes necessitates the transfer of personal data to these external entities. We only transfer personal data to external parties when it is required for the fulfillment of a contract, when we are legally obligated to do so (e.g., transfer of data to tax authorities), when we have a legitimate interest under Art. 6 Para. 1 lit. f GDPR in the transfer, or when another legal basis allows for the data transfer. When employing processors, we only pass on personal data of our clients based on a valid contract for data processing. In the case of joint processing, a contract for joint processing is concluded.
Revocation of Your Consent to Data Processing
Many data processing operations are only possible with your express consent. You can revoke consent that you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to Object to Data Collection in Special Cases and to Direct Advertising (Art. 21 GDPR)
IF DATA PROCESSING IS CARRIED OUT BASED ON ART. 6 PARA. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT AT ANY TIME, FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION, TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS, OR THE PROCESSING IS FOR THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS (OBJECTION ACCORDING TO ART. 21 PARA. 1 GDPR).
IF YOUR PERSONAL DATA IS PROCESSED FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION ACCORDING TO ART. 21 PARA. 2 GDPR).
Right to File a Complaint with the Competent Supervisory Authority
In the case of violations of the GDPR, data subjects have a right to file a complaint with a supervisory authority, particularly in the Member State of their habitual residence, place of work, or place of the alleged violation. This right to file a complaint is without prejudice to any other administrative or judicial remedies.
Right to Data Portability
You have the right to have data that we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done to the extent that it is technically feasible.
Access, Correction, and Deletion
Within the scope of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient, and the purpose of data processing and, if applicable, a right to correction or deletion of this data. For this as well as for further questions on the subject of personal data, you can contact us at any time.
Right to Restriction of Processing
You have the right to demand the restriction of the processing of your personal data. You can contact us at any time for this purpose. The right to restriction of processing applies in the following cases:
If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the examination, you have the right to demand the restriction of the processing of your personal data.
If the processing of your personal data happened/is happening unlawfully, you can demand the restriction of data processing instead of deletion.
If we no longer need your personal data, but you need it for the exercise, defense, or assertion of legal claims, you have the right to demand the restriction of the processing of your personal data instead of deletion.
If you have lodged an objection pursuant to Art. 21 Para. 1 GDPR, a balancing of interests must be conducted between yours and ours. As long as it has not been determined whose interests prevail, you have the right to demand the restriction of the processing of your personal data.
If you have restricted the processing of your personal data, this data - apart from its storage - may only be processed with your consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or a Member State.
SSL or TLS Encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
Objection to Promotional Emails
The use of contact data published within the framework of the imprint obligation for sending unsolicited advertising and information materials is hereby objected to. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam emails.
Cookies
Our websites use so-called "cookies." Cookies are small data packets and do not cause any damage to your device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your device until you delete them yourself or an automatic deletion is carried out by your web browser.
Cookies can be placed by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services from third-party companies on websites (e.g., cookies for processing payment services).
Cookies serve various functions. Many cookies are technically necessary because certain website functions would not work without them (e.g., the shopping cart function or displaying videos). Other cookies can be used to analyze user behavior or for advertising purposes.
Cookies that are necessary for the execution of the electronic communication process, for providing certain functions you desire (e.g., for the shopping cart function), or for optimizing the website (e.g., cookies for measuring the web audience) are stored based on Art. 6 Para. 1 lit. f GDPR unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent has been requested for the storage of cookies and similar recognition technologies, the processing is carried out exclusively on the basis of this consent (Art. 6 Para. 1 lit. a GDPR and § 25 Para. 1 TTDSG); consent can be revoked at any time.
You can configure your browser to inform you about the setting of cookies and to allow cookies only in individual cases, to exclude the acceptance of cookies for specific cases or in general, and to activate the automatic deletion of cookies when closing the browser. Disabling cookies may limit the functionality of this website.
Which cookies and services are used on this website can be found in this privacy policy.
Contact Form
If you send us inquiries via the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.
The processing of this data is based on Art. 6 Para. 1 lit. b GDPR if your request is related to the execution of a contract or is necessary for carrying out pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time.
The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage, or the purpose for data storage no longer applies (e.g., after your request has been processed). Mandatory statutory provisions - in particular retention periods - remain unaffected.
Inquiries by Email, Telephone, or Fax
If you contact us by email, telephone, or fax, your inquiry, including all resulting personal data (name, inquiry), will be stored and processed by us for the purpose of handling your request. We do not pass on this data without your consent.
The processing of these data is based on Art. 6 Para. 1 lit. b GDPR if your inquiry is related to the execution of a contract or is necessary for carrying out pre-contractual actions. In all other cases, the processing is based on our legitimate interest in the effective processing of inquiries addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your consent (Art. 6 Para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time.
The data sent to us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage, or the purpose for data storage no longer applies (e.g., after your concern has been addressed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.
When visiting our website, your surfing behavior can be statistically analyzed. This is primarily done using analysis programs. For a detailed description of these programs and how you can revoke your consent, please see the sections below.
Use of Google Services
On our website, we utilize the following services provided by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"):
Google Analytics: This service analyzes visitors' website behavior. Information generated by cookies about your use of this website is generally transmitted to and stored on a Google server in the USA. We use Google Analytics exclusively with activated IP anonymization, ensuring that Google does not merge your IP address with other Google data.
Google Ads: This service is used to display advertisements tailored to users' interests. It enables us to target advertising campaigns effectively based on user behavior and preferences.
Google Search Console: We use this tool for monitoring and managing our website's presence in Google search results, aiming to enhance our site's visibility.
The use of these services is based on your explicit consent according to Art. 6 Para. 1 lit. a GDPR. You can revoke your consent at any time for future processing. For more information on Google's data protection practices, please visit: https://policies.google.com/privacy?hl=en.
This website integrates elements of the social network Facebook. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. However, the data collected is also transferred to the USA and other third countries according to Facebook.
An overview of the Facebook social media elements can be found here: https://developers.facebook.com/docs/plugins/?locale=en_US.
When the social media element is active, a direct connection is established between your device and the Facebook server. This allows Facebook to receive information that you have visited this website with your IP address. If you click the Facebook "Like button" while you are logged into your Facebook account, you can link the contents of this website to your Facebook profile. This allows Facebook to associate the visit to this website with your user account. Please note that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook. For more information, please see Facebook's privacy policy at: https://www.facebook.com/privacy/explanation.
The use of this service is based on your consent according to Art. 6 Para. 1 lit. a GDPR and § 25 Para. 1 TTDSG. Consent can be revoked at any time.
To the extent that personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, are jointly responsible for this data processing (Art. 26 GDPR). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook after the data has been forwarded is not part of the joint responsibility. The obligations we share were set out in an agreement on joint processing. The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the data protection information when using the Facebook tool and for the data protection-compliant implementation of the tool on our website. Facebook is responsible for the data security of Facebook products. Rights of data subjects (e.g., requests for information) regarding the data processed by Facebook can be claimed directly from Facebook. If you assert data subject rights with us, we are obliged to forward them to Facebook.
The data transfer to the USA is based on the Standard Contractual Clauses of the EU Commission. Details can be found here:
https://www.facebook.com/legal/EU_data_transfer_addendum,
https://www.facebook.com/help/566994660333381, and
https://www.facebook.com/policy.php.
The company has a certification under the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA to ensure compliance with European data protection standards in data processing in the USA. Every company certified under the DPF commits to complying with these data protection standards. More information can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000GnywAAC&status=Active.
Functions of the service Instagram are integrated on this website. These functions are offered by Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. When the social media element is active, a direct connection is established between your device and the Instagram server. Instagram thus receives information about your visit to this website.
If you are logged into your Instagram account, you can link the content of this website to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to this website with your user account. Please note that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.
The use of this service is based on your consent according to Art. 6 Para. 1 lit. a GDPR and § 25 Para. 1 TTDSG. Consent can be revoked at any time.
To the extent that personal data is collected on our website with the help of the tool described here and forwarded to Facebook or Instagram, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, are jointly responsible for this data processing (Art. 26 GDPR). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook or Instagram. The processing by Facebook or Instagram after the data has been forwarded is not part of the joint responsibility. The obligations we share were set out in an agreement on joint processing. The text of the agreement can be found at: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the data protection information when using the Facebook or Instagram tools and for the data protection-compliant implementation of the tools on our website. Facebook is responsible for the data security of the Facebook or Instagram products. Rights of data subjects (e.g., requests for information) regarding the data processed by Facebook or Instagram can be claimed directly from Facebook. If you assert data subject rights with us, we are obliged to forward them to Facebook.
The data transfer to the USA is based on the Standard Contractual Clauses of the EU Commission. Details can be found here:
https://www.facebook.com/legal/EU_data_transfer_addendum,
https://privacycenter.instagram.com/policy/, and
https://www.facebook.com/help/566994660333381.
More information can be found in Instagram's privacy policy: https://privacycenter.instagram.com/policy/.
The company has a certification under the "EU-US Data Privacy Framework" (DPF). The DPF is an agreement between the European Union and the USA to ensure compliance with European data protection standards in data processing in the USA. Every company certified under the DPF commits to complying with these data protection standards. More information can be obtained from the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000GnywAAC&status=Active.
On this website, we use elements of the social network Pinterest, which is operated by Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland.
When you access a page that contains such an element, your browser establishes a direct connection to Pinterest's servers. This social media element transmits log data to the Pinterest server in the USA. This log data may include your IP address, the address of the visited websites that also contain Pinterest functions, the type and settings of the browser, the date and time of the request, how you use Pinterest, and cookies.
The use of this service is based on your consent according to Art. 6 Para. 1 lit. a GDPR and § 25 Para. 1 TTDSG. Consent can be revoked at any time.
For more information on the purpose, scope, further processing, and use of the data by Pinterest, as well as your rights and options for protecting your privacy, please see Pinterest's privacy policy: https://policy.pinterest.com/en/privacy-policy.
Our website utilizes features of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. The integration of LinkedIn allows us to use and promote professional content and networks. Please note that the use of LinkedIn features may result in data transmission. For more information on data protection at LinkedIn, please visit: https://www.linkedin.com/legal/privacy-policy.
Dribbble
We integrate content from Dribbble, a network for designers and creative content, on our website. This allows us to present creative works and designs. Accessing this content may result in data transmission. For more information on data protection at Dribbble, please visit: https://dribbble.com/privacy.
Source: https://www.e-recht24.de