Data protection declaration
Thank you for your interest in our company. Data protection is of particular importance for the management of xmedia Agentur für Markt-Kommunikation GmbH. Use of the xmedia Agentur für Markt-Kommunikation GmbH website is generally possible without the disclosure of any personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in accordance with the country-specific data protection regulations applicable to xmedia Agentur für Markt-Kommunikation GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects will be informed of their rights by means of this data protection declaration.
The xmedia Agentur für Markt-Kommunikation GmbH has implemented numerous technical and organisational measures as the person responsible for the processing in order to ensure the most complete possible protection of the personal data processed via this website. Nevertheless, Internet-based data transmissions can have security gaps, so that absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of xmedia Agentur für Markt-Kommunikation GmbH is based on the terms used by the European Directive and Ordinance giver when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand both for the public and for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) personal data
Personal data are all information relating to an identified or identifiable natural person (hereinafter “data subject”). Identifiable is a natural person who can be identified directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural Person.
(b) person concerned
Data subject is any identified or identifiable natural person whose personal data are processed by the controller.
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as the collection, collection, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any form of automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not assigned to an identified or identifiable natural person.
(g) controller or controller
The data controller or controller is the natural or legal person, public authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data. Where the purposes and means of such processing are laid down by Union law or by the law of the Member States, the controller or the specific criteria for his appointment may be laid down in accordance with Union law or the law of the Member States.
(h) contract processors
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the data controller.
Recipient is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities which may receive personal data under Union law or the law of the Member States within the framework of a particular investigation mandate shall not be regarded as recipients.
(j) third parties
A third party is a natural or legal person, authority, institution or other body other than the data subject, the data processor, the data processor and the persons authorised to process the personal data under the direct responsibility of the data processor or the data processor.
Consent shall mean any informed and unequivocal expression of will voluntarily given by the data subject in the particular case in the form of a declaration or other clear affirmative act by which the data subject indicates his or her consent to the processing of personal data concerning him or her.
2. the name and address of the controller
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws in force in the Member States of the European Union and other provisions of a data protection nature is:
xmedia agency for market communication GmbH
Frankfurt road 64
By using cookies, xmedia Agentur für Markt-Kommunikation GmbH can provide users of this website with more user-friendly services that would not be possible without cookies.
The person concerned can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus prevent the setting of cookies.
Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, not all functions of our Internet site may be fully usable.
4. collection of general data and information
The website of xmedia Agentur für Markt-Kommunikation GmbH collects a series of general data and information each time a person or an automated system accesses the website. This general data and information is stored in the log files of the server. We may record (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrer), (4) the subwebsites which are accessed via an accessing system on our website, (5) the date and time of access to the Website, (6) an Internet Protocol address (IP address), (7) the Internet service providers of the accessing system, and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using this general data and information, xmedia Agentur für Markt-Kommunikation GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) optimize the contents of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. These anonymously collected data and information are therefore evaluated by xmedia Agentur für Markt-Kommunikation GmbH statistically and with the aim of increasing data protection and data security in our company in order ultimately to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
5. registration on our website
The data subject may register on the website of the controller, providing personal data. The personal data transferred to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for the data subject’s own purposes. The controller may arrange for the data to be transferred to one or more processors, such as a parcel service, who also uses the personal data exclusively for internal use attributable to the controller.
Furthermore, the IP address assigned by the Internet Service Provider (ISP) to the data subject, the date and time of registration are stored when the data subject registers on the data controller’s website. This data is stored against the background that this is the only way to prevent misuse of our services and, if necessary, to enable us to investigate criminal offences committed. In this respect, the storage of this data is necessary to protect the data controller. This data will not be passed on to third parties unless required to do so by law or for the purpose of criminal prosecution.
Registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services which, by their nature, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the database of the data controller.
The controller shall at all times, upon request, inform each data subject of the personal data relating to that data subject. In addition, the controller shall correct or delete personal data at the request of the data controller.
The controller shall at all times, upon request, inform each data subject of the personal data relating to that data subject. Furthermore, the controller shall correct or delete personal data at the request or notice of the data subject, provided that there is no legal obligation to keep such data in safekeeping. All the employees of the controller are available to the data subject as contact persons in this context.
6. subscription to our newsletter
On the website of xmedia Agentur für Markt-Kommunikation GmbH, users are given the opportunity to subscribe to our company’s newsletter. Which personal data are transmitted to the person responsible for processing when ordering the newsletter is determined by the input mask used for this purpose.
The xmedia Agentur für Markt-Kommunikation GmbH informs its customers and business partners at regular intervals by means of a newsletter about offers of the company. The newsletter of our company can only be received by the person concerned if (1) the person concerned has a valid e-mail address and (2) the person concerned registers for the newsletter dispatch. For legal reasons, a confirmation e-mail in the double opt-in procedure is sent to the e-mail address entered by the person concerned for the first time for sending the newsletter. This confirmation e-mail serves to check whether the owner of the e-mail address has authorized the receipt of the newsletter as the person concerned.
When registering for the newsletter, we also store the IP address of the computer system used by the person concerned at the time of registration assigned by the Internet Service Provider (ISP) as well as the date and time of registration. The collection of this data is necessary in order to trace the (possible) misuse of a data subject’s e-mail address at a later point in time and therefore serves the legal protection of the data controller.
The personal data collected when registering for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter may be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as could be the case in the event of changes to the newsletter offer or changes in the technical conditions. The personal data collected in the context of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter dispatch, can be revoked at any time. For the purpose of revoking your consent, you will find a corresponding link in every newsletter. It is also possible at any time to unsubscribe directly from the newsletter dispatch on the website of the controller or to inform the controller in any other way.
7. newsletter tracking
The newsletters of xmedia Agentur für Markt-Kommunikation GmbH contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in e-mails sent in HTML format to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Using the embedded pixel-code, xmedia Agentur für Markt-Kommunikation GmbH can recognize whether and when an e-mail was opened by an affected person and which links in the e-mail were called up by the affected person.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the data controller in order to optimise the dispatch of the newsletter and to adapt the content of future newsletters even better to the interests of the person concerned. This personal data will not be passed on to third parties. Persons concerned are entitled at any time to revoke the respective separate declaration of consent given via the double opt-in procedure. After revocation, this personal data will be deleted by the data controller. xmedia Agentur für Markt-Kommunikation GmbH automatically interprets unsubscribing from receiving the newsletter as a revocation.
8. possibility to contact us via the website
The website of xmedia Agentur für Markt-Kommunikation GmbH contains information due to legal regulations, which enables a quick electronic contact to our company and a direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller via e-mail or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
9. comment function in the blog on the website
The xmedia Agentur für Markt-Kommunikation GmbH offers users the opportunity to leave individual comments on individual blog posts on a blog located on the website of the person responsible for the processing. A blog is a portal on a website, usually open to the public, in which one or more people who are called bloggers or web bloggers can post articles or write down thoughts in so-called blog posts. The blog posts can usually be commented by third parties.
If a person leaves a comment in the blog published on this website, not only the comments left by the person concerned but also details of the time of entering the comment and the user name (pseudonym) chosen by the person concerned are stored and published. Furthermore, the IP address assigned to the person concerned by the Internet service provider (ISP) is logged. This IP address is stored for security reasons and in the event that the person concerned violates the rights of third parties or posts illegal content by submitting a comment. The storage of this personal data is therefore in the personal interest of the data controller, so that he or she can exculpate himself or herself in the event of a violation of the law. The personal data collected will not be disclosed to third parties, unless such disclosure is required by law or serves the legal defence of the data controller.
10. subscription of comments in the blog on the website
The comments posted on the blog of xmedia Agentur für Markt-Kommunikation GmbH can be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to the comments that follow his comment on a particular blog post.
If a data subject chooses to subscribe to comments, the controller sends an automatic confirmation email to double opt-in to verify that the owner of the specified email address has actually chosen this option. The option to subscribe to comments can be cancelled at any time.
11 Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the time necessary to achieve the data retention purpose or to the extent provided for by the European regulator or other legislator in laws or regulations to which the controller is subject.
If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data is routinely blocked or deleted in accordance with the statutory provisions.
12. rights of the data subject
a) Right to confirmation
Every data subject shall have the right granted by the European legislator of directives and regulations to require the controller to confirm whether personal data concerning him/her are being processed. If a data subject wishes to exercise this right of confirmation, he may contact an employee of the controller at any time.
b) Right to information
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to obtain, at any time and free of charge, information from the controller concerning the personal data relating to him/her stored and a copy of that information. Furthermore, the European regulator has granted the data subject the following information:
the processing purposes
the categories of personal data to be processed
the recipients or categories of recipients to whom the personal data have been or are still being disclosed, in particular 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 deletion of personal data concerning him or of a restriction on processing by the controller or of a right of opposition 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) DS-GMO and, at least in these cases, meaningful information on the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject has a right of access to information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has 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 may contact an employee of the controller at any time.
c) Right to correction
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to request the immediate correction of inaccurate personal data concerning him/her. Furthermore, taking into account the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration.
If a data subject wishes to exercise this right of rectification, he or she may contact an employee of the controller at any time.
d) Right to cancellation (right to be forgotten)
Any person concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the data controller to request that the personal data concerning him/her be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws his/her consent on which the processing was based pursuant to Article 6(1)(a) DS-GMO or Article 9(2)(a) DS-GMO, and there is no other legal basis for the processing.
The data subject opposes processing under Article 21(1) DS-GMO and there are no overriding legitimate grounds for processing or the data subject opposes processing under Article 21(2) DS-GMO.
The personal data have been processed unlawfully.
The deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
The personal data was collected in relation to information society services offered in accordance with Art. 8 para. 1 DS-GMO.
If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored at xmedia Agentur für Markt-Kommunikation GmbH deleted, he/she may contact an employee of the data controller at any time. The employee of xmedia Agentur für Markt-Kommunikation GmbH will arrange for the request for deletion to be complied with immediately. If the personal data was made public by xmedia Agentur für Markt-Kommunikation GmbH and our company is responsible according to Art. 17 Abs. 1 DS-GMO to delete personal data, xmedia Agentur für Markt-Kommunikation GmbH shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data, that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other persons responsible for data processing, insofar as processing is not necessary. The employee of xmedia Agentur für Markt-Kommunikation GmbH will arrange for the necessary in individual cases.
e) Right to limitation of processing
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:
The accuracy of the personal data is disputed by the data subject for a period that enables the data controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GMO and it has not yet been determined whether the legitimate reasons of the data subject outweigh those of the data subject.
If one of the above conditions is fulfilled and a data subject wishes to request the restriction of personal data stored by xmedia Agentur für Markt-Kommunikation GmbH, he may contact an employee of the data controller at any time. The employee of xmedia Agentur für Markt-Kommunikation GmbH will cause the processing to be restricted.
f) Right to data transferability
Any data subject shall have the right granted by the European legislator to receive personal data relating to him/her provided by the data subject to a data controller in a structured, current and machine-readable format. It shall also have the right to transmit such data to another data controller without obstruction by the controller to whom the personal data have been made available, provided that the processing is based on the consent provided for in Article 6(1)(a) DS GMO or Article 9(2)(a) DS GMO or on a contract in accordance with Article 6(1)(b) DS GMO and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority conferred on the data controller.
Furthermore, in exercising his right to data transferability pursuant to Article 20(1) DS-GMO, the data subject has the right to obtain that the personal data be transferred directly by a data controller to another data controller, provided this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
To assert the right to data transferability, the person concerned can contact an employee of xmedia Agentur für Markt-Kommunikation GmbH at any time.
g) Right of objection
Any person concerned by the processing of personal data shall have the right granted by the European legislator for reasons arising from their particular situation to object at any time to the processing of personal data concerning them under Article 6(1)(e) or (f) of the DS-GMO. This also applies to profiling based on these provisions.
In the event of an objection, xmedia Agentur für Markt-Kommunikation GmbH will no longer process personal data unless we can prove compelling reasons worthy of protection for the processing, which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend the rights of the data subject.If xmedia Agentur für Markt-Kommunikation GmbH processes personal data in order to carry out direct advertising, the person concerned has the right to object to the processing of the personal data at any time for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the person concerned objects to xmedia Agentur für Markt-Kommunikation GmbH processing for direct advertising purposes, xmedia Agentur für Markt-Kommunikation GmbH will no longer process the personal data for these purposes.
Furthermore, the data subject has the right to object to the processing of personal data concerning him/her which is carried out at xmedia Agentur für Markt-Kommunikation GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 DS-GMO for reasons arising from his or her particular situation, unless such processing is necessary to fulfil a task in the public interest.
To exercise the right of objection, the person concerned can directly contact any employee of xmedia Agentur für Markt-Kommunikation GmbH or any other employee. The data subject shall also be free to exercise his right of opposition in relation to the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
h) Automated decisions in individual cases including profiling
Any person data subject to the processing of personal data shall have the right granted by the European legislator of directives and regulations not to be subject to a decision based exclusively on automated processing, including profiling, which has legal effect against him or significantly affects him in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is admissible under Union or Member State law to which the data controller is subject and that such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, or (3) with the express consent of the data subject.
If the decision (1) is necessary for the conclusion or fulfilment of a contract between the data subject and the data controller or (2) if it is made with the express consent of the data subject, xmedia Agentur für Markt-Kommunikation GmbH shall take appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a data controller, to state his own position and to contest the decision.
If the data subject wishes to assert rights relating to automated decisions, he or she may contact an employee of the controller at any time.
i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right granted by the European legislator of directives and regulations to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may contact an employee of the controller at any time.
13 Data protection for applications and in the application procedure
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant sends corresponding application documents to the controller by electronic means, for example by e-mail or via a web form on the website. If the controller concludes an employment contract with an applicant, the data transmitted will be stored for the purpose of processing the employment relationship in compliance with the statutory provisions. If the controller does not conclude an employment contract with the applicant, the application documents shall be automatically deleted two months after notification of the decision of refusal, provided that no other legitimate interests of the controller stand in the way of deletion. Other legitimate interest in this sense is, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).
14. legal basis of the processing
Art. 6 I lit. a DS-GMO 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 a party, as is the case for example with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GMO. The same applies to such processing processes that 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 requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GMO. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information had to be passed on to a doctor, a hospital or other third parties. The processing would then be based on Art. 6 I lit. d DS-GMO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GMO. Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. Such processing procedures are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47, second sentence, DS-GMO).
15. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GMO, it is in our legitimate interest to conduct our business for the well-being of all our employees and our shareholders.
16. duration for which the personal data is stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After the expiry of this period, the corresponding data will be routinely deleted, provided that it is no longer necessary for the fulfilment or initiation of the contract.
17. legal or contractual provisions for the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of failure to provide them
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual regulations (e.g. information on the contractual partner). In some cases, it may be necessary for a contract to be concluded if a data subject provides us with personal data which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company enters into a contract with him/her. Failure to provide personal data would mean that the contract with the data subject could not be concluded. Prior to the provision of personal data by the data subject, 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 personal data is required by law or contract or required for the conclusion of the contract, whether there is an obligation to provide the personal data and what consequences the failure to provide the personal data would have.
18. existence of automated decision making
As a responsible company, we do without automatic decision-making or profiling.