Data Protection Declaration

This data protection declaration clarifies the nature, scope and purpose of the use of personal data (hereinafter referred to as "data") within our online offer and the related websites, features and content as well as external online presence, such as our social media profile (hereinafter referred to jointly as "online offer") and our other services. With regard to the terms used, such as "processing" or "person responsible", we refer you to the definitions in Art. 4 of the General Data Protection Regulation (Datenschutz-Grundverordnung [DSGVO]).

Responsible Party

Studio NAND GmbH
Sophienstraße 18
10178 Berlin
Registered at local court Charlottenburg under HRB 173837 B
Represented by the managing directors Steffen Fiedler, Jonas Loh, Stephan Thiel
E-Mail: data@nand.io
VAT-ID No.: DE304742088

This data protection declaration also includes other responsible parties. We have appointed a data protection officer who can be reached at data@nand.io.

Purpose of Data Processing

Providing the online offer, its functions and content.
Answering contact requests and communicating with users.
Security measures.
Reach measurement/Marketing.
Agency services.

The users provide the data via the online offer, insofar as this is necessary for the stated purposes. Failure to provide the necessary data may result in legal disadvantages for the user, such as the loss of legal positions, e.g., the website may not be error-free or the user may not receive a reply to enquiries.

Terminology Used

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as a "data subject"); a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (e.g., a cookie) or to one or more specific characteristics which express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is regarded as identifiable. "Processing" means any operation or set of operations carried out with or without the aid of automated processes, involving personal data. The term is broad and covers practically every aspect of handling of data. "Pseudonymization" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. "Profiling" means any form of automated processing of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. "Controller" means any natural or legal person, public authority, agency or other body which alone or jointly with others, determines the purposes and means of the processing of personal data. "Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO; the legal basis for processing to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO; the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO; and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

Safety Measures

In accordance with Art. 32 DSGVO, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purposes of the processing as well as the varying probability and severity of the risk to the rights and freedoms of natural persons. Such measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to, access to, inputting, disclosure, securing and separation of data. In addition, we have established procedures to ensure the exercise of data subjects' rights, the deletion of data and the response to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 DSGVO). The online offer is https-encrypted and thus protected against unauthorized access.

Cooperation with Contract Processors and Third Parties

Insofar as we disclose data to other people and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g., if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 para. 1 lit. b DSGVO is necessary for the fulfillment of the contract), if users have consented to this, if a legal obligation provides for this or on the basis of our legitimate interests (e.g., when using agents, web hosts, etc.). If we commission third parties for the processing of data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 DSGVO.

Transfers to Third Countries

If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act DSGVO are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g., for the USA by the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

Rights of Data Subjects

You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO. In accordance with Art. 16 DSGVO, you have the right, to request the completion of the data concerning you or the rectification of the inaccurate data concerning you. Pursuant to Art. 17 DSGVO, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand that the processing of the data be restricted pursuant to Art. 18 DSGVO. You have the right to demand that the data concerning you which you have made available to us be received in accordance with Art. 20 DSGVO and that it be transferred to other responsible parties. In each case, you can contact data@nand.io for further information. You also have the right pursuant to Art. 77 DSGVO to file a complaint with the competent supervisory authority (e.g., the Berlin Commissioner for Data Protection and Freedom of Information, https://www.datenschutz-berlin.de/kontakt.html).

Right of Withdrawal

You have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with effect for the future. You can contact data@nand.io for further information.

Right of Objection

You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. In particular, you may object to the processing of your data for the purposes of direct marketing. You can contact data@nand.io for further information

Cookies and Right of Objection to Direct Advertising

"Cookies" are small files that are stored on the user's end device. Different kinds of data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after the user's visit to an online service. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users who are used for range measurement or marketing purposes can also be stored in such a cookie. Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the latter's cookies, they are referred to as "first party cookies"). We may use temporary and permanent cookies and explain this in our data protection declaration. If personal data is affected or if it is necessary, the data is processed on the basis of legitimate interests in advertising and marketing activities (Art. 6 para. 1 lit. f DSGVO) or on the basis of your consent (Art. 6 para. 1 lit. a DSGVO).

OBJECTION

If users do not wish cookies to be stored on their end device, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer. A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/uk/your-ad-choices/ . In addition, cookies can be saved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.

Deletion of Data

The data processed by us will be deleted in accordance with Art. 17 and 18 DSGVO or their processing restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons. In compliance with legal requirements in Germany, data is stored for 10 years in accordance with Articles 147 para. 1 of the German Tax Code [Abgabenordnung (AO)], 257 para. 1 nos. 1 and 4, para. 4 HGB (German Commercial Code) (books, records, management reports, accounting records, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Art. 257 para. 1 nos. 2 and 3, para. 4 of the German Commercial Code [Handelsgesetzbuch (HGB)] (commercial letters). In compliance with legal requirements in Austria, the documents are kept in particular for 7 years in accordance with Art. 132 para. 1 Federal Fiscal Code [Bundesabgabenordnung (BAO)] (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used. We or the third-party providers used will further delete the data in accordance with the following criteria: Time schedule and completion of a request, default settings of the third-party providers, etc.

Agency Services

We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services. We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., within the scope of evaluating and measuring the success of marketing measures). We do not process any special categories of personal data, unless they are part of a commissioned processing. Affected parties include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their specification. Disclosure to external parties shall only take place if it is necessary within the framework of an order. When processing the data provided to us within the framework of an order, we shall act in accordance with the instructions of the customer and the legal requirements for order processing pursuant to Art. 28 DSGVO and shall not process the data for purposes other than those specified in the order. We delete the data after the expiry of legal warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, deletion takes place after their expiry (6 years, in accordance with Art. 257 para. 1 HGB, 10 years, in accordance with Art. 147 para. 1 AO). In the case of data which has been disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, in principle after the end of the order.

Administration, Financial Accounting, Office Organization, Contact Management

We process data in the context of administrative tasks as well as the organization of our business, financial accounting and compliance with legal obligations, such as archiving. Here we process the same data that we process within the scope of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e., tasks which serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the data specified in these processing activities. We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers. Furthermore, on the basis of our business interests, we store information on suppliers, organizers and other business partners, e.g., for the purpose of establishing contact at a later date. This data, which is mainly company-related, is stored permanently.

Business Analyses and Market Research

In order to run our business economically, to be able to recognize market trends, wishes of our contractual partners and users, we analyze the data available to us on business transactions, contracts, enquiries, etc., in order to identify the most suitable and appropriate solutions for your needs. We process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 para. 1 lit. f. DSGVO, whereby the people concerned include contractual partners, interested parties, customers, visitors and users of our online services. The analyses are carried out for the purpose of economic evaluations, marketing and market research. We can take into account the profiles of registered users with information, e.g., on the services they make use of. The analyses serve us to increase the user friendlines by s, the optimization of our offer and the business economy. The analyses serve us alone and are not disclosed externally unless they are anonymous analyses with summarized values. If these analyses or profiles are person-related, they will be deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. In all other respects, the macroeconomic analyses and general trend determinations are prepared anonymously wherever possible.

Contact

If you send us enquiries (e.g., by e-mail) or otherwise contact us, your details, including the contact data, name and e-mail address or other data provided by you, will be stored by us for the purpose of processing the enquiry and in the event of follow-up enquiries. This data will only be processed on the basis of your consent (legal basis Art. 6 para. 1 lit. a DSGVO) or on the basis of an initiating or existing business relationship with us (legal basis Art. 6 para. 1 lit. b DSGVO).

Hosting and E-Mail

The hosting services used by us serve the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service. Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 para. 1 lit. f DSGVO in connection with Art. 28 DSGVO (conclusion of an order processing contract).

Collection of Access Data and Log Files

We, and/or our hosting-provider, on the basis of our entitled interests in the sense of the Art. 6 para. 1 lit. f. DSGVO collect data on each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider. Log file information is stored for security reasons (e.g., to clarify abuse or fraudulent actions) for a maximum period of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

Google Analytics

On the basis of our legitimate interests (i.e., interest in the analysis, optimization and economic operation of our online offer in the sense of Art. 6 para. 1 lit. f. DSGVO), we utilize Google Analytics, a web analysis service provided by Google (including Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland and Google LLC, Mountain View, CA, USA) ("Google"). Google uses cookies. The information generated by the cookie about the user's use of the website is generally transmitted to and stored by Google on servers in the United States. Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (more information at https://www.privacyshield.gov/). Google will use this information on our behalf to evaluate the use of our online services by users, to compile reports on activities within this online service and to provide us with other services related to the use of this online service and the Internet. Pseudonymous user profiles can be created from the processed data. We only use Google Analytics with IP anonymization enabled. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The IP address transmitted by the user's browser is not merged with other Google data. If personal data is processed, this is done on the basis of legitimate interests in advertising and marketing activities (Art. 6 para. 1 lit. f DSGVO) or, if necessary, on the basis of your consent (Art. 6 para. 1 lit. a DSGVO). OBJECTION: Users may prevent the storage of cookies by selecting the appropriate settings in their browser software; users may also prevent the collection by Google of data generated by the cookie and related to their use of the online service and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. Further information on data use by Google, setting and objection options, can be found in Google's privacy policy, as well as in the settings for the display of advertising by Google (see: http://www.google.de/policies/privacy/). For users who are habitually resident in the European Economic Area or Switzerland, Google Ireland Limited is the data controller for your information, unless otherwise stated in the privacy notices of a particular service. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and complying with the applicable data protection laws. The personal data of the user will be deleted or anonymized after 14 months.

Google Universal Analytics

We use Google Analytics in the form of "Universal Analytics". "Universal Analytics" refers to a Google Analytics procedure in which user analysis is performed on the basis of a pseudonymous user ID and a pseudonymous profile of the user is thus created with information from the use of various devices (so-called "cross-device tracking"). For more information see: "Google Analytics" above or http://www.google.de/policies/privacy/.

Online Presences in Social Media; Instagram

We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services. When accessing these respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply. Unless otherwise stated in our data protection declaration, we process the data of users who communicate with us within the social networks and platforms, e.g., write articles on our online presences or send us messages. We operate such an online presence on Instagram: instagram.com or mobile app as an offer of Facebook Ireland Ltd., 4 Grand Canal Square, Dublin 2, Ireland. Also see, Data Protection Policy: https://help.instagram.com/519522125107875; Objection: https://help.instagram.com/contact/1845713985721890; When you visit one of our social media pages, data is processed both by us and by the above-mentioned providers as responsible parties. The respective social media provider assumes data protection obligations towards you as the user, such as information on data processing, and is the contact person for your rights. This follows from the fact that the respective provider has direct access to the relevant information on the social media page and the processing of your data. However, you are also welcome to contact us if this should become necessary and we will then forward the request to the provider if necessary. When using data, it can also be processed outside the EU. The US Facebook and Instagram companies process the data in the US and are each certified under the EU-US Privacy Shield Agreement, which guarantees compliance with EU privacy regulations. For more information see: https://www.privacyshield.gov We can communicate with you via our social media pages, and provide interesting information. We may receive further data from you through your comments, shared images, messages and reactions, which we then process to respond or communicate with you. If you use social media on several end devices, a cross-device analysis of the data can take place. Furthermore, the providers on the social media pages can use cookies and tracking technologies to analyze and improve the offer. Data processing takes place with your consent or for the purpose of answering your enquiry (Art. 6 para. 1 lit. a, b DSGVO) or on the basis of legitimate interests in improving the offer, advertising and marketing activities and external presentation (Art. 6 para. 1 lit. f DSGVO). If you use Instagram and have an account there, Instagram can assign your activities to your profiles there. We and Instagram use the Instagram Insights feature to process statistical data from users of our Instagram pages (see the agreements at: https://www.facebook.com/legal/terms/page_controller_addendum or https://www.facebook.com/legal/terms/dataprocessing). This is the processing of data in the form of so-called 'Instagram Insights', which are described in more detail at https://help.instagram.com/788388387972460?helpref=faq_content . From the usage data of the Instagram pages, evaluations and statistics are generated in the form of Instagram Insights, which help us to improve our marketing activities and our image. With Instagram Insights, we can learn more about our users and the performance of our content with you as our target audience. To this end, Instagram provides us with statistics on specific posts and stories to find out how users have interacted with them. When classifying people into target audiences, we also use demographic or location data to target those people. If you use Instagram on multiple devices, the data can be analyzed across devices. The data collected in this way is statistically evaluated and usually anonymous, i.e., we cannot make any reference to your person. Instagram also uses cookies and similar technologies. Further information can be found at: http://instagram.com/about/legal/privacy/ As an Instagram user, you can always influence how your user behaviour is recorded when you visit the Instagram page. To do this, you can manage the settings for advertising preferences in your Instagram account at: https://www.instagram.com/accounts/privacy_and_security/ . Instagram also offers the ability to establish contact or exercise rights at: https://help.instagram.com/contact/1845713985721890 and https://help.instagram.com/519522125107875, respectively.

Integration of Third-Party Services and Content

Within the scope of our online offer, we place content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content"), on the basis of our legitimate interests (i.e., interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. of DSGVO). This always assumes that the third-party providers of this content detect the IP address of the user, since they would not otherwise be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only the contents of specific providers who only use the IP address to deliver the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. "Pixel tags" can be used to evaluate information such as visitor traffic on the pages of our website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring web pages, visit times and other information about the use of our online services, and may be linked to similar information from other sources.

Plausible

For website statistics we use Plausible, a privacy-first web analytics tool. Plausible doesn’t use cookies and doesn’t collect any personal data whatsoever. For further information refer to Plausibles data policy page.

Vimeo

We can integrate the videos of the "Vimeo" platform of the provider Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. More information can be found in the Vimeo Privacy Policy at https://vimeo.com/privacy. We point out that Vimeo may use Google Analytics and refer to the privacy policy and opt-out options for Google Analytics, and to Google's configuration settings for data use for marketing purposes.

Studio NAND

Sophienstraße 18
10178 Berlin
Telephone: +49 (0)30-492 091 30
E-mail: data@nand.io
Website: https://nand.io