UNICORN
DE

Privacy policy

This privacy policy explains the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") in the context of the provision of our services and within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter collectively referred to as "online offering"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Art. 4 of the General Data Protection Regulation (DSGVO).

Person responsible

UNICORN Markenkommunikation GmbH
Herner Straße 35
45657 Recklinghausen
Germany

Represented by: Marc Brockmeyer

Contact

Telefon: +49 2361 95079-0
Telefax: +49 2361 95079-79
E-Mail: kontakt@unicorn-agentur.de

Link to imprint: https://unicorn-agentur.de/impressum

Types of data processed

  • Inventory data (e.g., personal master data, names or addresses)
  • Contact data (e.g., e-mail, telephone numbers)
  • Content data (e.g., text entries, photographs, videos)
  • Usage data (e.g., websites visited, interest in content, access times)
  • Meta-/communication data (e.g., device information, IP addresses)

 

Categories of data subjects

Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as "users").

Purpose of the processing

  • Provision of the online offering, its functions and content
  • Answering contact enquiries and communicating with users
  • Security measures
  • Reach measurement/marketing

 

Terminology used

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers practically any handling of data.

"Pseudonymisation" means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational 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 consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

"Controller" means the 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.

Relevant legal bases

In accordance with  Art. 13 DSGVO, we inform you of the legal basis of our data processing. For users from the area of application of the General Data Protection Regulation (DSGVO), i.e.the EU and the EEC, the following applies if the legal basis is not mentioned in the data protection declaration:                                                                                The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO;
The legal basis for processing for the fulfilment of our services and implementation of contractual measures as well as answering enquiries is Art. 6 para. 1 lit. b DSGVO;
The legal basis for processing for the fulfilment of our legal obligations is Art. 6 para. 1 lit. c DSGVO;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
The legal basis for the processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Art. 6 para. 1 lit. e DSGVO.
The legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO.
The processing of data for purposes other than those for which it was collected is governed by the provisions of Art. 6 para. 4 DSGVO.                                                                                                                                                              The processing of special categories of data (in accordance with Art. 9 para. 1 DSGVO) is governed by the provisions of Art. 9 para. 2 DSGVO.

Security measures

We take appropriate technical and organisational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, disclosure, safeguarding of availability and separation of the data. Furthermore, we have established procedures that ensure the exercise of data subject 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 and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings.

Cooperation with processors, joint controllers and third parties

If we disclose data to other persons and companies (processors, joint controllers or third parties) as part of our processing, transfer it to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary to fulfil a contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we disclose, transfer or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, in addition, on a basis corresponding to the legal requirements.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EWR) or the Swiss Confederation) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to other persons or companies, this will only take place if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transfer, we only process or have the data processed in third countries with a recognised level of data protection, including US processors certified under the "Privacy Shield" or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission).

Rights of the data subjects

You have the right to obtain confirmation as to whether or not personal data concerning you is being processed and, where that is the case, access to the personal data and further information and a copy of the data in accordance with the law.

You have the right to request the completion of data concerning you or the correction of incorrect data concerning you in accordance with the legal requirements.

In accordance with the legal requirements, you have the right to demand that the data in question be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the legal requirements.

You have the right to request that the data concerning you that you have provided to us be received in accordance with the legal requirements and to request that it be transferred to other data controllers.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with the statutory provisions.

Right of cancellation

You have the right to withdraw your consent with effect for the future.

Right to object

You can object to the future processing of data concerning you at any time in accordance with the legal requirements. In particular, you may object to processing for direct marketing purposes.

Cookies and the right to object to direct advertising

"Cookies" are small files that are stored on users' computers. Different information 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 their visit to an online service. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes their browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. "Permanent" or "persistent" cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if the user visits the website after several days. The interests of users can also be stored in such a cookie and used for reach measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only the controller's cookies, they are referred to as "first-party cookies").

We may use temporary and permanent cookies and clarify this in our privacy policy.

If we ask users for their consent to the use of cookies (e.g. as part of a cookie consent), the legal basis for this processing is Art. 6 para. 1 lit. a. DSGVO. Otherwise, the personal cookies of users are processed in accordance with the following explanations in the context of this privacy policy on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO). DSGVO) or insofar as the use of cookies is necessary for the provision of our contract-related services, pursuant to Art. 6 para. 1 lit. b. DSGVO, or if the use of cookies is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us pursuant to Art. 6 para. 1 lit. e. DSGVO, processed.

If users do not want cookies to be stored on their computer, 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 used 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/.  Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that you may then not be able to use all the functions of this website.

Deletion of data

The data processed by us will be deleted or its processing restricted in accordance with the legal requirements. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations.

If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

Changes and updates to the privacy policy

We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your co-operation (e.g. consent) or other individual notification.

Agency services

We process our customers' data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consultancy or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consultancy 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 the contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., in the context of analysing and measuring the success of marketing measures). In principle, we do not process special categories of personal data unless these are part of commissioned processing. The data subjects 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, optimisation, security measures). We process data that is required for the justification and fulfilment of contractual services and point out the necessity of its disclosure. Disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements of order processing in accordance with Art. 28 DSGVO and do not process the data for any purposes other than those specified in the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (6 years, pursuant to § 257 (1) HGB, 10 years, pursuant to § 147 (1) AO). In the case of data disclosed to us by the client as part of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.

Administration, financial accounting, office organisation, contact management

We process data as part of administrative tasks and the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of 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 organisation, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information specified in these processing activities.

We disclose or transmit data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee centres and payment service providers.

We also store information on suppliers, event organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. We generally store this mainly company-related data permanently.

Making contact

When contacting us (e.g. by contact form, e-mail, telephone or via social media), the user's details will be used to process the contact enquiry and its handling in accordance with Art. 6 para. 1 lit. b. (in the context of contractual/pre-contractual relationships), Art. 6 para. 1 lit. f. (other enquiries) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or comparable enquiry organisation.

We delete the enquiries if they are no longer required. We review the necessity every two years; the statutory archiving obligations also apply.

Hosting and e-mail-dispatch

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services that we use for the purpose of operating this online offering.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract). 

Collection of access data and log files

We and/or our hosting provider collect data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO about every 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 informationen is stored for security reasons (e.g. to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidence purposes is excluded from deletion until the respective incident has been finally clarified.

Google Analytics

We use Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.

Google will use this information on our behalf to analyse the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymised user profiles can be created from the processed data.

We only use Google Analytics with activated IP anonymisation. This means that the IP address of users is truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there.

The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

If we ask users for their consent (e.g. as part of a cookie consent), the legal basis for this processing is Art. 6 para. 1 lit. a. DSGVO. Otherwise, users' personal data is processed on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO). 

Insofar as data is processed in the USA, we would like to point out that Google is certified under the Privacy Shield Agreement and thereby guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Further information on the use of data by Google, setting and objection options, can be found in Google's privacy policy  (https://policies.google.com/privacy) and in the settings for the display of adverts by Google (https://adssettings.google.com/authenticated).

Users' personal data is deleted or anonymised after 14 months.

Online presence in social media

We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services.

We would like to point out that user data may be processed outside the European Union. This may result in risks for users because, for example, it could make it more difficult to enforce users' rights. With regard to US providers that are certified under the Privacy Shield, we would like to point out that they thereby undertake to comply with the data protection standards of the EU.

Furthermore, user data is generally processed for market research and advertising purposes. For example, usage profiles can be created from the usage behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place adverts inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are generally stored on the user's computer, in which the user's usage behaviour and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

The processing of users' personal data is based on our legitimate interests in effective user information and communication with users in accordance with Art. 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers of the platforms for consent to the data processing described above, the legal basis for the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.

For a detailed description of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information from the providers.

In the case of requests for information and the assertion of user 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 user's data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

 

Integration of third-party services and content

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use content or service offers from third-party providers within our online offer to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content"). 

This always presupposes that the third-party providers of this content recognise the IP address of the user, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. 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 analyse information such as visitor traffic on the pages of this website. The pseudonymised information may also be stored in cookies on the user's device and may contain technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offering, as well as being linked to such information from other sources.

Vimeo

We can integrate the videos of the platform "Vimeo" of the provider Vimeo Inc, Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy policy: https://vimeo.com/privacy.  We would like to point out that Vimeo may use Google Analytics and refer to the privacy policy (https://policies.google.com/privacy) and opt-out-options for Google-Analytics (http://tools.google.com/dlpage/gaoptout?hl=de) or Google's settings for data use for marketing purposes (https://adssettings.google.com/).

Youtube

We integrate the videos of the platform "YouTube" of the provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Maps

We integrate the maps of the "Google Maps" service of the provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The processed data may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent (usually as part of the settings of their mobile devices). The data may be processed in the USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.