Privacy Policy

We are very pleased about your interest in our company. Data protection is of particular importance to the management of FARN Digital GmbH. It is generally possible to use the FARN Digital GmbH internet pages without providing any personal data. However, if a data subject wishes to use special services from our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, for example the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to FARN Digital GmbH. By means of this privacy policy, our company wishes to inform the public about the nature, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed about their rights through this privacy policy.

FARN Digital GmbH, as the data controller, has implemented numerous technical and organisational measures to ensure the most comprehensive protection possible for personal data processed via this website. Nevertheless, internet-based data transmissions can inherently have security vulnerabilities, meaning absolute protection cannot be guaranteed. For this reason, any data subject is free to transmit personal data to us via alternative means, such as by telephone.

1. Definitions

The privacy policy of FARN Digital GmbH is based on the terminology used by the European legislator when enacting the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easily readable and understandable for both the public and our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use a number of terms, including:

• a) Personal data. Personal data is any information relating to an identified or identifiable natural person (hereinafter the „data subject“). A natural person is deemed identifiable 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 or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• b) Data subject The data subject is any identified or identifiable natural person whose personal data are processed by the controller.
• c) Processing Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• d) Restriction of processing Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
• e) Profiling. Profiling is 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.
• f) Pseudonymisation Pseudonymisation is 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.
• g) Controller or Data Controller The controller or data controller is 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
• h) Data Processor: A processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
• i) Recipient The recipient is a natural or legal person, authority, agency or other body to whom the personal data are disclosed, whether they are a third party or not. However, authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
• j) Data subject: A natural or legal person, public authority, agency or other body, other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorised to process the personal data.
• k) Consent Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them.

2. Name and address of the controller

Controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions with data protection character is the:

FARN Digital GmbH
Ballindamm 13
20095 Hamburg
Germany
Tel: 0172 7823596
E-Mail: info@farn.de
Website: www.farn.de

3. Collection of general data and information

The website of FARN Digital GmbH collects a range of general data and information each time the website is accessed by a data subject or an automated system. This general data and information are stored in the server's log files. The following can be collected: (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) sub-pages accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to ward off danger in the event of attacks on our information technology systems.

When using this general data and information, FARN Digital GmbH draws no conclusions about the data subject. This information is rather needed in order to (1) correctly deliver the content of our website, (2) optimise the content of our website and the advertising for it, (3) ensure the permanent functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement agencies with the information necessary for prosecution in the event of a cyber attack. Therefore, this anonymously collected data and information is evaluated by FARN Digital GmbH, on the one hand, statistically and, furthermore, with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data from the server logfiles are stored separately from all personal data provided by a data subject.

4. Contact options via the website

The website of FARN Digital GmbH contains information in accordance with legal requirements that enables rapid electronic contact with our company and direct communication with us, which also includes a general electronic mail (e-mail) address. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data, which is voluntarily transmitted by a data subject to the controller, will be stored for the purpose of processing or contacting the data subject. This personal data will not be passed on to third parties.

5. Commenting feature on the website's blog

FARNDigital GmbH allows users to leave individual comments on specific blog posts on the website of the controller. A blog is a portal, usually publicly accessible, maintained on a website, where one or more individuals, known as bloggers or web bloggers, can post articles or write down thoughts in so-called blog posts. Blog posts can typically be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, details of the time of the comment entry and the username (pseudonym) chosen by the data subject will be stored and published. Furthermore, the IP address assigned by the data subject's Internet Service Provider (ISP) will be logged. This IP address is stored for security reasons and in the event that the data subject infringes the rights of third parties or posts illegal content through a comment. The storage of this personal data is therefore in the legitimate interest of the data controller, so that they can exculpate themselves in the event of a legal violation. This collected personal data will not be passed on to third parties unless such transfer is legally required or serves the legal defence of the data controller.

6. Subscribing to comments on the website blog

The comments made on the FARN Digital GmbH blog can generally be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to subsequent comments on a specific blog post.

If a data subject opts to subscribe to comments, the controller will send an automatic confirmation email to verify via the double-opt-in procedure that the owner of the specified email address has indeed opted for this. The option to subscribe to comments can be terminated at any time.

7. Routine deletion and blocking of personal data

The controller shall process and store personal data of the data subject only for such period as is necessary to achieve the purpose of storage or as provided for by the European or national legislator in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, personal data will be routinely blocked or deleted in accordance with statutory provisions.

8. Rights of the data subject

• a) Right to confirmation Every data subject shall have the right conferred by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself or herself of this right of confirmation, he or she may at any time contact an employee of the controller.
• b) Right of access Every data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
  • the processing purposes
  • the categories of personal data that are processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
  • if possible, the period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period
  • the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or of a right to object to such processing
  • The existence of a right of complaint to a supervisory authority
  • If personal data have not been obtained from the data subject: All available information as to the source of the data
  • the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject
  Furthermore, the data subject has the right to obtain information as to whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to be informed about the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right to information, they may contact an employee of the controller at any time for this purpose.
• c) Right to Rectification Every data subject shall have the right granted by the European legislator and regulator to obtain from the controller the rectification of personal data concerning him or her without undue delay. In addition, the data subject shall have the right, having regard to the purposes of the processing, to have the completion of personal data, including by means of a supplementary statement, completed. Where a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
• d) Right to erasure (Right to be forgotten) Every data subject has the right granted by the European legislator and regulator to request from the controller the erasure of personal data concerning them without undue delay, provided that one of the following grounds applies and insofar as the processing is not necessary:
  • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.
  • The data subject withdraws their consent on which the processing is based pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing in accordance with Art. 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in accordance with Art. 21(2) of the GDPR.
  • The personal data was processed unlawfully.
  • The erasure of personal data is necessary for compliance with a legal obligation to which the controller is subject under Union or Member State law.
  • The personal data was collected in relation to information society services offered, in accordance with Article 8(1) of the GDPR.
  If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored by FARN Digital GmbH deleted, they can contact an employee of the data controller at any time. The FARN Digital GmbH employee will ensure that the deletion request is complied with immediately. If the personal data has been made public by FARN Digital GmbH and our company, as the controller, is obliged to delete the personal data under Art. 17(1) GDPR, FARN Digital GmbH will take appropriate measures, including technical measures, taking into account available technology and the costs of implementation, to inform other data controllers processing the published personal data that the data subject has requested these other data controllers to delete all links to, or copies or replications of, this personal data, provided that processing is not required. The FARN Digital GmbH employee will arrange what is necessary on a case-by-case basis.
• e) Right to restriction of processing Every data subject shall have the right granted by the European legislator to request from the controller restriction of processing if one of the following applies:
  • The accuracy of the personal data is disputed by the data subject for a period that allows the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject objects to the erasure of the personal data and requests instead the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes for which they were processed, but the data subject requires them for the establishment, exercise, or defence of legal claims.
  • The data subject has objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the controller's legitimate grounds override those of the data subject.
  If any of the above conditions are met and an affected person wishes to request the restriction of personal data stored at FARN Digital GmbH, they may contact an employee of the data controller at any time. The employee of FARN Digital GmbH will arrange for the restriction of processing.
• f) Right to data portability Every data subject shall have the right granted by the European legislator and regulator to receive the personal data concerning him or her, which was provided to a controller by the data subject, in a structured, commonly used and machine-readable format. Furthermore, he or she shall have the right to transmit such data to another controller without hindrance from the controller to whom the personal data have been provided, where the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, or on a contract pursuant to Art. 6 para. 1 lit. b GDPR, and the processing is carried out by automated means, provided the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact an employee of FARN Digital GmbH.
• g) Right to object Any data subject whose personal data is being processed has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions. In the event of an objection, FARN Digital GmbH will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to establish, exercise or defend legal claims. Where FARN Digital GmbH processes personal data for the purposes of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purposes of such marketing. This also applies to profiling insofar as it is related to such direct marketing. If the data subject objects to FARN Digital GmbH regarding processing for the purposes of direct marketing, FARN Digital GmbH will no longer process the personal data for these purposes. Furthermore, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out by FARN Digital GmbH for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest. To exercise the right to object, the data subject may contact any member of staff at FARN Digital GmbH or another member of staff directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications.
• h) Automated individual.
• i) Right of withdrawal of data protection consent Every data subject has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time. If the data subject wishes to exercise their right of withdrawal of consent, they may contact an employee of the controller at any time.

9. Data protection in applications and the application process

The controller collects and processes applicants' personal data for the purpose of conducting the application process. Processing may also be carried out electronically. This is particularly the case if an applicant submits corresponding application documents electronically, for example by email or via a web form on the website, to the controller. If the controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship, observing the legal provisions. If the controller does not conclude an employment contract with the applicant, the application documents will be automatically deleted two months after the rejection decision is announced, provided that no other legitimate interests of the controller conflict with deletion. Other legitimate interests in this sense include, for example, a burden of proof in proceedings under the General Equal Treatment Act (AGG).

10. Data protection provisions regarding the use and employment of Google AdWords

The data controller has integrated Google AdWords on this website. Google AdWords is an internet advertising service that allows advertisers to place ads both in Google's search results and on the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords, by means of which an ad is displayed in Google's search results only when the user calls up a keyword-relevant search result with the search engine. Within the Google advertising network, ads are distributed via an automatic algorithm and taking into account the previously defined keywords on thematically relevant websites.

The operator of Google AdWords services is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

The purpose of Google AdWords is to promote our website by displaying interest-relevant advertisements on third-party websites and in Google's search engine results, and to display third-party advertising on our website.

If an affected person visits our website via a Google advertisement, Google will place a so-called conversion cookie on the affected person's IT system. What cookies are has already been explained above. A conversion cookie expires after thirty days and is not used for the identification of the affected person. Provided the cookie has not yet expired, the conversion cookie is used to track whether certain subpages, for example the shopping basket of an online shop system, have been accessed on our website. Both we and Google can use the conversion cookie to track whether an affected person who reached our website via an AdWords advertisement generated revenue, meaning completed or abandoned a purchase.

The data and information collected through the use of the conversion cookie are used by Google to create visit statistics for our website. We, in turn, use these visit statistics to determine the total number of users who have been referred to us through AdWords advertisements, thereby assessing the success or failure of the respective AdWords advertisement and optimising our AdWords advertisements for the future. Neither our company nor other advertisers of Google AdWords receive any information from Google that could be used to identify the affected person.

The conversion cookie is used to store personal information, such as the websites visited by the data subject. Consequently, with every visit to our websites, personal data, including the IP address of the internet connection used by the data subject, will be transferred to Google in the United States of America. This personal data will be stored by Google in the United States of America. Google may potentially pass on this personal data, collected through the technical process, to third parties.

The affected person can prevent the setting of cookies by our website, as already described above, at any time by making corresponding settings in the internet browser used and thus permanently object to the setting of cookies. Such a setting of the internet browser used would also prevent Google from setting a conversion cookie on the affected person's IT system. Furthermore, a cookie already set by Google AdWords can be deleted at any time via the internet browser or other software programmes.

Furthermore, the data subject has the option to object to interest-based advertising by Google. To do this, the data subject must access the link www.google.de/settings/ads from each internet browser they use and make the desired settings there.

Further information and Google's applicable data protection provisions can be found at https://www.google.de/intl/de/policies/privacy/.

11. Data Protection Provisions on the Use and Employ of Matomo

Our website uses Matomo, formerly Piwik. This is a web analytics service. Your IP address is anonymised immediately during this process, meaning you remain anonymous to us as a user. The information generated about your use of this website will not be passed on to third parties.

If you do not consent to the storage and analysis of this data from your visit, you can object to the storage and use at any time by deactivating the checkbox. In this case, an "opt-out cookie" will be stored in your browser, which means that Matomo will not collect any session data. Please note: If you delete your cookies, the opt-out cookie will also be deleted and may need to be reactivated by you.

Opt-out complete; your visits to this website will not be recorded by the Web Analytics tool. Note that if you clear your cookies, delete the opt-out cookie, or if you change computers or Web browsers, you will need to perform the opt-out procedure again.

You may choose to prevent this website from aggregating and analyzing the actions you take here. Doing so will protect your privacy, but will also prevent the owner from learning from your actions and creating a better experience for you and other users.

You are not opted out. Uncheck this box to opt-out. You are currently opted out. Check this box to opt-in.

The tracking opt-out feature requires cookies to be enabled.

12. Legal basis for processing

Article 6(1)(a) of the GDPR serves as the legal basis for our company’s processing operations where we obtain consent for a specific purpose of processing. Where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing operations necessary for the implementation of pre-contractual measures, such as in cases of enquiries regarding our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfil tax obligations, the processing is based on Article 6(1)(c) of the GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and their name, age, health insurance details or other vital information subsequently had to be disclosed to a doctor, a hospital or other third parties. In such cases, the processing would be based on Article 6(1)(d) of the GDPR. Finally, processing operations may be based on Article 6(1)(f) of the GDPR. This legal basis applies to processing operations not covered by any of the aforementioned legal bases, where the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not take precedence. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, second sentence, of the GDPR).

13. Legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.

14. The period for which the personal data will be stored

The criterion for the duration of personal data storage is the respective statutory retention period. After the period expires, the corresponding data will be routinely deleted unless it is still required for contract performance or contract initiation.

15. Statutory or contractual regulations on the provision of personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of non-provision

We wish to inform you that the provision of personal data is partly a legal requirement (e.g., tax regulations) or may arise from contractual agreements (e.g., details of the contracting party). In some cases, it may be necessary for the conclusion of a contract that an affected person provides us with personal data, which we must subsequently process. For example, the affected person is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide personal data would result in the contract with the affected person not being concluded. Before providing personal data, the affected person must contact one of our employees. Our employee will inform the affected person on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

16. Existence of automated decision-making

As a responsible company, we do not use automated decision-making or profiling.

Developed by the Top LegalTech Willing & Able specialists, who also operate the system for the digital contract signing developed. The texts of the privacy policy generator were created by Prof. Dr. h.c. Heiko Jonny Maniero and solicitor Christian Solmecke created and published.