Privacy Policy

MARKENRITTER GmbH (hereafter “MARKENRITTER” or “we”) operates a website under the domain https://emagional.com, https://emagional.de (hereafter “website”). In the following, we inform you of the collection of personal data when using this website. Personal data refers to all data that can be related to you as an individual, in other words e.g., your name, address, email address, user behaviour.

Your data will be collected, processed and used in accordance with the terms of the Telemediengesetz (TMG), Germany’s Telemedia Act, and in accordance with the data protection law, in particular the Bundesdatenschutzgesetz (BDSG), Germany’s Federal Data Protection Act, as well as the General Data Protection Regulation (GDPR). By means of this privacy policy, we seek to inform persons concerned of the collection of personal data on and via our website in accordance with paragraph 13 GDPR.

1. Collection of personal data when the website is used for informational purposes

(1) If the website is used solely for informational purposes, in other words if you do not sign in, register or provide us with information by any other means in order to use the website, we do not collect personal data with the exception of the data transferred by your browser. The purpose of this data collection is to enable you to visit the website and to ensure the operability of the website. These data also help us to optimise the website and to safeguard the security of our IT systems. These include:

• IP address
• Date and time of request
• Time zone difference to Greenwich Mean Time (GMT)
• Content of the request (specific page)
• Access status / HTTP status code
• Data volume transferred in each instance
• Website from which the request was made
• Browser
• Operating system and interface
• Language and version of browser software.

(2) Use of the website also leads to storage of cookies on your browser. Cookies are small text files that are stored on your hard drive and are allocated to the browser you use. They transmit certain information to the location that places the cookie (in this instance, us). A cookie typically contains the domain name from which the cookie originates, the “lifetime” of the cookie and a value which is a regularly randomly allocated unique number. Cookies cannot execute programmes or transmit viruses to your computer. The purpose of using them is to make our website more user friendly and effective overall. Some elements of our internet page require the browser making the request to be identifiable even when your move to another page.

This website uses cookies to the following extent:

• Transient cookies (session cookies) are deleted automatically when you close your browser. This particularly relates to session cookies. These cookies store a so-called session ID which make it possible to assign various requests from your browser to the joint session. This makes it possible to recognise your computer when you return to the website. The session cookies are deleted when you log out or when you close down your browser.
• Cookies in relation to services from third parties, as described subsequently.
• Web beacons are electronic signals (also known as “clear GIFs” or “web bugs”) that allow us to count the number of users who have visited our website.

You can configure your browser settings according to personal preference and can, for example, decline the use of third-party cookies. Information on the administration and deletion of cookies as well as corresponding instructions on how to do so for all common browsers can be found under www.allaboutcookies.org. We would however like to point out that you may in that case not be able to use all the functions of our website.

(3) This stored information is kept separately to other data potentially provided to us. In particular, cookie data will not be linked to your other data, should you have provided us with any.

2. Collection of personal data in the case of customised use

(1) In addition to use of the website purely for the purposes of providing information, we offer various services that you can use if you so wish. In order to do so, you generally need to provide additional personal data that we use in order to deliver the respective service. If additional voluntary information can be supplied, these are marked accordingly. We only collect, process and use the personal data that are required for your use of the website and/or for compliance with a contract entered into with us or if you provide them yourself. This relates in particular to the following inventory data and usage data that may be transmitted via forms on our website:

• Name (consisting of first and last name)
• Email address
• Telephone number

(2) If applicable, inventory data and usage data are used by us to enter into, define the content of, amend or terminate a contractual relationship with you in order to meet our contractual obligations, to login the user on the website, in order to contact you, if you wish it, or if we are required or permitted to do so by the contractual relationship or by law.

With the exception of data collected by the third parties named hereafter, all personal data are stored and processed within the European Union.

3. Deletion periods

Unless specified otherwise in this privacy policy, we only store your data for as long as required for the purposes for which they were collected or processed unless legal storage periods require longer storage. Your personal data will therefore be deleted after your request has been processed unless it has been agreed otherwise or is required by law.

Inventory data are deleted two years after the end of the contractual relationship at the end of the calendar year unless longer storage is required and legally permissible.

4. Anonymous statistical analysis of usage data

Unless you object, we have the right to create usage profiles for the purpose of advertising, market research or to ensure the design of the website is in line with user needs provided we use pseudonyms. We analyse usage data anonymously, in particular for statistical purposes in order to ensure the design of the website meets user needs. You can object to this use of your personal data by informing us.

5. Use of Google Analytics

(1) This website uses Google Analytics, a web analysis service of Google Ireland Limited (Google) which stores so-called “cookies”, text files that are stored on your computer and which make it possible to analyse your use of the website. The information generated by a cookie about your use of this website is generally transferred to a Google server in the USA and is also stored there. If IP anonymisation has been activated on this website, your IP-address is however first shortened by Google within European Union member states or in other contracting member states of the European Economic Area. Only in exceptional cases will your full IP-address be transferred to a Google server in the USA and be shortened there. Google will use this information at the request of the operator of this website to evaluate your usage of the website, to produce reports on website activity and in order to provide the website operator with other services linked to usage of the website and usage of the internet.

(2) The IP address transmitted by your browser as part of Google Analytics will not be combined with any other data that Google holds.

(3) You can prevent storage of cookies by configuring your browser software accordingly. We would however like to point out that you may then not be able to use all the functions of this website to their full extent.

(4) You can furthermore prevent collection of the data generated by the cookie and related to your use of the website (incl. your IP address) and transfer to Google as well as prevent the processing of data by Google, if you download and install the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

(5) This website uses Google Analytics with the extension “anonymizelp()”. This ensures IP addresses are processed in a shortened format to ensure that it is not possible to link the IP address to a specific individual.

(6) The use of Google Analytics is undertaken in compliance with the conditions that have been agreed between the German federal data protection authorities and Google. Information about the third-party provider: Google Dublin, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. Conditions of use: https://www.google.com/analytics/terms/de.html. Overview of data protection: https://www.google.com/intl/de/analytics/learn/privacy.html, as well as the privacy policy: https://www.google.de/intl/de/policies/privacy.

6. Third-party services

A. Integration of third party services

(1) Google web fonts

This page uses so-called web fonts provided by Google for the uniform presentation of typefaces. When you access a page, your browser will download the web fonts required into your browser cache in order to display text and typefaces correctly.

In order to do so, the browser you use must connect with the Google servers. This allows Google to know that our website was accessed from your IP address. The use of Google web fonts is undertaken in the interest of achieving a uniform and appealing presentation of our online offering. This constitutes a legitimate reason in accordance with article 6, paragraph 1 lit. f GDPR.

If your browser does not support web fonts, a standard font available on your computer will be used instead.

For further information on Google web fonts, please visit https://developers.google.com/fonts/faq and the Google privacy policy under https://www.google.com/policies/privacy/.

(2) Google maps

This website uses the Google Maps map service via an API. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

In order to use the Google Maps function, it is necessary to store your IP address. This information is generally transmitted to a Google server in the USA and stored there. The operator of this page has no influence on the data transfer.

We use Google Maps in order to provide an appealing presentation of our online offering and in order to make the locations mentioned on our website easy to find. This constitutes a legitimate reason in accordance with article 6, paragraph 1 lit. f GDPR.

Further information on the management of user data can be found in Google’s privacy policy under https://www.google.com/intl/en/policies/privacy/.

7. Subcontractors and recipients of personal data

(1) We use subcontractors in order to process personal data and enter into a contract with these processors in accordance with the requirements of article 28 GDPR.

(2) In addition to the already named companies, recipients of your personal data are the companies named as responsible bodies.

8. Protection of personal data

We put in place technical and organisational measures in accordance with the requirements of article 32 DGSVO to safeguard users’ personal data. All our employees who deal with the processing of personal data have a duty to maintain data confidentiality. Personal data of users are HTTPS encrypted for transfer to the website.

9. Legal basis

In accordance with article 13 GDPR we hereby provide information on the legal basis for our data processing.

• If we obtain consent for the processing operation for personal data from the persons concerned, article 6 paragraph 1 lit. a GDPR serves as the legal basis.
• When processing personal data that are required to fulfil a contract whose contract party is the person concerned, article 6, paragraph 1 lit. b GDPR serves as the legal basis. This also applies to processing operations required for the execution of pre-contractual measures.
• If the processing of personal data is necessary to comply with a legislative requirement that our company is subject to, article 6, paragraph 1 lit. c GDPR serves as the legal basis.
• The legal basis for the temporary storage of data and logfiles is article 6, paragraph 1 lit. f GDPR.
• The legal basis for the processing of personal data using technically required cookies is article 6, paragraph 1 lit. f GDPR. This legal basis for the processing of personal data using cookies for the purposes of analysis is article 6, paragraph 1 lit. f GDPR.
• After registering for our newsletter, we will store your email address in order to be able to send you the newsletter. The legal basis is article 6, paragraph 1 p. 1 lit. a GDPR.
• If processing of data is required in order to safeguard a legitimate interest of our company or a third party and if the interests, basic rights and fundamental liberties of the person concerned do not outweigh the aforementioned interest, then article 6, paragraph 1 lit. f GDPR serves as the legal basis for processing.

If the processing of personal data is based on article 6 I lit. f GDPR, our legitimate interest is the conduct of our business activities to the benefit and welfare of all our employees and our shareholders.

10. No automated decision making / no profiling

We do not carry out any automated decision making or profiling.

11. Rights of persons concerned

The user and other persons concerned have the following rights vis-à-vis ourselves with regard to their personal data:

• The right to information on the relevant personal data (Article 15 GDPR)
• The right to correction (Article 16 GDPR)
• The right to deletion (Article 17 GDPR)
• The right to limitation of processing (Article 18 GDPR)
• The right to object to processing if data processing is undertaken based on article 6, paragraph 1 lit. e or lit. f GDPR (Article 21 GDPR). Please also see the subsequent reference to the right to object in accordance with Article 21 GDPR.
• The right to data portability (Article 20 GDPR)
• The right to withdraw previously given consent at any time without affecting the legality of processing carried out on the basis of the previous consent until the date of the withdrawal, if data processing was carried out on the basis of consent given in accordance with article 6, paragraph 1 lit. a or article 9, paragraph 2 lit. a GDPR.

You furthermore have the right to complain to data protection supervisory authorities about the processing of personal data by us (Article 77 GDPR).

12. Notification of right of objection in accordance with article 21 GDPR

A. Right of objection due to special circumstances

You have the right at any time, for reasons that result from your particular circumstances, to object to the processing of personal data that pertain to you carried out on the basis of article 6, paragraph 1 lit. e (public security) or f (data processing based on a balancing of interests) GDPR. This also applies to profiling based on these regulations. We will no longer process the personal data unless we can cite compelling and legitimate grounds for processing that outweigh your interests, rights and liberties or unless the processing serves to enforce, exercise or defend legal rights.

B. Right of objection in the case of direct marketing

If we process your personal data in order to carry out direct marketing, you have the right at any time to object to the processing of personal data pertaining to you for the purposes of such marketing. This also applies to profiling if it is linked to direct marketing of this kind. If you object to the processing for the purposes of direct marketing, your personal data will no longer be processed for these purposes.

C. Exercising the right to objection

The right to objection can be exercised informally, for example by post addressed to MARKENRITTER GmbH, Gustav-Freytag-Str. 13, 65189 Wiesbaden, Germany or by email to qualitaet(at)markenritter.de.

13. Service provider / Responsible body / Contact details / Objection / Revocation of consent

The service provider in accordance with § 13 Telemediengesetz (TMG) and responsible body in accordance with the GDPR, other data protection legislation applicable in the member states of the European Union and other regulations of a data protection nature is:

MARKENRITTER GmbH, Gustav-Freytag-Str. 13, 65189 Wiesbaden, Germany

All requests for information, correction and deletion, as well as objections and revocations of consent, the exercise of the right of limitation of processing or the right of data portability as well as comments and questions from users relating to data protection should be addressed to the head office or should be sent by email to the following email address: qualitaet(at)markenritter.de.

14. Data protection supervisory authority and right of complaint

Our relevant data protection supervisory authority to whom complaints about violation of data protection rights can be submitted is:

Der Hessische Beauftragte für Datenschutz und Informationsfreiheit
Prof. Dr. Alexander Roßnagel
Postfach 3163
65021 Wiesbaden
GERMANY
Telefon: +49 6 11/1408 -0
Telefax: +49 6 11/1408 – 900 / 901

15. Updating of the privacy policy

From time to time, it is necessary to update the contents of the current privacy policy. We therefore reserve the right to amend it at any time. We will send registered users the updated version of the privacy policy by email before it enters into force and will publish it at the same location as the current privacy policy.