Privacy (GDPR - General Data Protection Regulation)

Name and contact details of the person(s) responsible

Our responsible person(s) (hereinafter "responsible person") within the meaning of Art. 4 fig. 7 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) is:

New Act Agency
Friedrichstraße 67
10117 Berlin
Managing Director: Manuela Weiß
E-mail address: st9yy6kcmni8sve7 /at/ revengeday |dot| de

Types of data, purposes of processing and categories of data subjects

In the following, we inform you about the type, scope and purpose of the collection, processing and use of personal data.

1. types of data we process Usage data (access times, websites visited, etc.),

2. purposes of processing according to Art. 13 para. 1 c) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)). Contacting third parties in case of legal complaints, providing websites with functions and content,

3. categories of data subjects according to Art. 13 (1) (e) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) Visitors/users of the website,

The data subjects are collectively referred to as "Users".

Legal basis for the processing of personal data

Below we inform you about the legal basis for the processing of personal data:

If we have obtained your consent for the processing of personal data, Art. 6 (1) p. 1 lit. a) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) is the legal basis. If the processing is necessary for the performance of a contract or for the implementation of pre-contractual measures, which are carried out at your request, Art. 6 (1) S. 1 lit. b) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) is the legal basis. If the processing is necessary for the fulfillment of a legal obligation to which we are subject (e.g. legal retention obligations), Art. 6 (1) p. 1 lit. c) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) is the legal basis. If the processing is necessary to protect vital interests of the data subject or another natural person, Art. 6 (1) p. 1 lit. d) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) is the legal basis. If the processing is necessary to protect our or a third party's legitimate interests and your interests or fundamental rights and freedoms do not override this, Art. 6 (1) p. 1 lit. f) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) is the legal basis.

Disclosure of personal data to third parties and processors

As a matter of principle, we do not pass on any data to third parties without your consent. If this should nevertheless be the case, then the disclosure is made on the basis of the previously mentioned legal grounds, e.g. in the case of the disclosure of data to online payment providers for the fulfillment of the contract or due to a court order or because of a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights. We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of a contract processing agreement, this is always done in accordance with Art. 28 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)). In doing so, we carefully select our processors, regularly monitor them and have been granted a right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)).

Data transfer to third countries

The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) applies. If, however, processing is carried out by services of third parties outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)). This means that the processing takes place on the basis of special guarantees, such as the officially recognized determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognized special contractual obligations, the so-called "standard contractual clauses". Insofar as we obtain your express consent to the transfer of data to the USA due to the invalidity of the so-called "Privacy Shield", pursuant to Art. 49 (1) p. 1 lit. a) DSGVO, we point out in this regard the risk of secret access by US authorities and the use of the data for monitoring purposes, possibly without any legal remedy for EU citizens.

Deletion of data and storage period

Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as you revoke your consent to the processing or the purpose for the storage no longer applies or the data is no longer required for the purpose, unless their continued storage is necessary for evidentiary purposes or is contrary to statutory retention obligations. This includes, for example, retention obligations under commercial law for business letters in accordance with Section 257 (1) of the German Commercial Code (HGB) (6 years) and retention obligations under tax law for receipts in accordance with Section 147 (1) of the German Fiscal Code (AO) (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfillment of a contract.

Existence of automated decision making

We do not use automated decision making or profiling.

Preparation of our website and creation of log files

If you only use our website for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:

- Date and time of access
- Browser type
- Access status/HTTP status code

A storage of this data together with other personal data of you does not take place.

This data is used for the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as its optimization and statistical evaluation.

The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 Para. 1 S.1 lit. f) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)).

For security reasons, we store this data in server log files for a storage period of 1 day. After this period, they are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.

Contact us via contact form / e-mail / fax / mail

When contacting us via contact form, fax, mail or e-mail, your information will be processed for the purpose of handling the contact request.

The legal basis for the processing of the data is, if you have given your consent, Art. 6 para. 1 p. 1 lit. a) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)). The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 p. 1 lit. f) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)). The responsible party has a legitimate interest in processing and storing the data in order to be able to answer users' inquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its statutory retention obligations for business letters. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)).

We may store your information and contact request in our customer relationship management system ("CRM system") or a comparable system.

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified. We store inquiries from users who have an account or contract with us until two years after termination of the contract. In the case of legal archiving obligations, deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.

You have the option at any time to revoke your consent to the processing of personal data pursuant to Art. 6 (1) p. 1 lit. a) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)). If you contact us by e-mail, you can object to the storage of personal data at any time.

Contact by phone

When contacting us by phone, your phone number will be processed and temporarily stored or displayed in the RAM / cache of the phone device / display for processing the contact request and its handling. The storage takes place for liability and security reasons, in order to be able to lead the proof of the call as well as for economic reasons, in order to make a recall possible. In the event of unauthorized advertising calls, we block the phone numbers.

The legal basis for the processing of the telephone number is Art. 6 para. 1 p. 1 lit. f) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)). If the contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) lit. b) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)).

The device cache stores the calls days and successively overwrites or deletes old data, when the device is disposed of, all data is deleted and the memory is destroyed if necessary. Blocked phone number are checked annually for the necessity of blocking.

You can prevent the phone number from being displayed by calling with suppressed phone number.

Raffles

In order to carry out raffles, the e-mail address is stored for contact purposes and, in the event of winning, the address data in order to be able to send the prize. The address data may be passed on to a shipping service provider. The data will not be passed on to third parties in any other way. Participation in the competition is permitted from the age of 18.

The legal basis is Art. 6 para. 1 p. 1 lit. b) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)).

The data will be deleted 14 days after the prize has been determined.

Social media presence

We maintain profiles and fan pages in social media. When you use and call up our profile in the respective network, the respective data protection information and terms of use of the respective network apply.

Data categories and description of data processing: usage data, contact data, content data, inventory data. 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 independent of the devices used by the users may also be stored in the usage profiles (especially if the users are members of the respective platforms and are logged in to them). For a detailed presentation of the respective forms of processing and the options to object (opt-out), we refer to the privacy statements and information provided by the operators of the respective networks. In the case of requests for information and the assertion of data subject rights, we would also like to point out that these can be asserted most effectively with the providers. Only the providers have access to the users' data and can take appropriate measures and provide information directly. If you still need assistance, then you can contact us.

Purpose of processing: communication with users connected and registered on the social networks; information and advertising for our products, offers and services; external presentation and image cultivation; evaluation and analysis of the users and content of our presences in the social media.

Legal basis: The legal basis for the processing of personal data is our legitimate interest in the above purposes pursuant to Art. 6 (1) p. 1 lit. f) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)). Insofar as you have given us or the responsible party of the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) in conjunction with. Art. 7 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)).

Data transfer/recipient category: Social network.

The data protection notices, information options and objection options (opt-out) of the respective networks / service providers can be found here:

Facebook - Service provider: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland); Website: www.facebook.com; Privacy policy: https://www.facebook.com/about/privacy/, Opt-out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com; Objection: https://www.facebook.com/help/contact/2061665240770586; Agreement on joint processing of personal data on Facebook pages (Art. 26 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR))): https://www.facebook.com/legal/terms/page_controller_addendum, Privacy notices for Facebook pages: https://www.facebook.com/legal/terms/information_about_page_insights_data.

Instagram - Service provider: Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) - privacy policy/opt-out: https://help.instagram.com/519522125107875, objection: https://help.instagram.com/contact/186020218683230; agreement on joint processing of personal data on Instagram pages (Art. 26 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR))): https://www.facebook.com/legal/terms/page_controller_addendum.

Twitter - Service provider: Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) - Privacy Policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization.

Rights of the data subject

Objection or revocation against the processing of your data

Insofar as the processing is based on your consent pursuant to Art. 6 (1) p. 1 lit. a), Art. 7 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)), you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) p. 1 lit. f) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)), you may object to the processing. This is the case if the processing is not necessary, in particular, for the performance of a contract with you, which is presented by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the merits of the case and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.

You may object to the processing of your personal data for purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us about your advertising objection at the following contact details:

New Act Agency
Friedrichstraße 67
10117 Berlin
Managing Director: Manuela Weiß
E-mail address: rightsofthedatasubject.ext@revengeday.de

Right to information

You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have a right to information about your personal data stored by us in accordance with Art. 15 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)). This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it has not been collected directly from you.

Right to rectification

You have a right to have incorrect data corrected or correct data completed in accordance with Art. 16 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)).

Right to deletion

You have a right to have your data stored by us deleted in accordance with Art. 17 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)), unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.

Right to restriction

You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18 (1) a) to d) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) is met: - If you dispute the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data; - the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data; - the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or - if you have objected to the processing pursuant to Article 21 (1) DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)) and it is not yet clear whether the legitimate grounds of the controller outweigh your grounds.

Right to data portability

You have a right to data portability pursuant to Art. 20 DS-GVO (in english; General Data Protection Regulation (EU) (GDPR)), which means that you can receive the personal data we hold about you in a structured, common and machine-readable format or request that it be transferred to another controller.

Right to complain

You have a right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the Member State of your residence, workplace or the place of the alleged infringement.

Data security

In order to protect all personal data transmitted to us and to ensure that the data protection regulations are complied with by us, but also by our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted encrypted via a secure SSL connection.

Last change

08.02.2024