Name and contact details of the data controller under Art. 4 para. 7 of the GDPR
PUNKTUM Werbeagentur GmbH
61118 Bad Vilbel
Telefon +49 6101 5838-0
Telefax +49 6101 5838-150
The safety and protection of your personal data
We take the protection of your personal data very seriously and consider it our primary task to protect the confidentiality of your personal data and to protect it against unauthorized access. The use of our website is therefore generally also possible without providing personal data. If personal data (such as name, address or email address) is collected on the basis of your voluntary information on our pages, it will not be passed on to third parties without your express consent.
We use the utmost diligence and state-of-the-art security standards to ensure maximum protection of your personal data. Nevertheless, data transmission on the internet can have security gaps, which is why complete protection of the data from access by third parties is not possible.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the German Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that the data protection regulations are observed both by us and by our external service providers.
Definitions of terms
The law requires that personal data be processed in a lawful manner, in good faith and in a manner that is comprehensible to the person concerned (“lawfulness, processing in good faith, transparency”). In order to ensure this, in the following we will inform you about the individual legal definitions which are also used in this data protection declaration:
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 assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special characteristics which express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
Processing means any operation carried out, with or without the aid of automated procedures, or any such series of operations relating to personal data, such as the capture, collection, organization, arrangement, storage, adaptation or alteration, retrieval, querying, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, erasure or destruction.
Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of restricting its future processing.
Profiling means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or relocation of that natural person.
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 use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be attributed to an identified or identifiable natural person.
A file system is any structured collection of personal data accessible according to specific criteria, regardless of whether this collection is organized by centralized, decentralized, functional or geographical aspects.
Data controller means any natural or legal person, authority, body, institution or other body which, alone or together with others, decides on the purposes and means of processing personal data. When the purposes and means of such processing are specified by European Union law or the law of the Member States, the controller or certain criteria for his appointment may be specified in accordance with European Union law or the law of the Member States.
Processor means a natural or legal person, authority, institution or other body processing personal data on behalf of the data controller.
Recipient means a natural or legal person, authority, institution or other body to which personal data is disclosed, irrespective of whether it is a third party or not. However, authorities which may receive personal data under European Union law or the law of the Member States under a particular investigation mandate shall not be considered recipients; the processing of such data by said authorities shall be carried out under the applicable data protection regulations in accordance with the purposes of the processing.
Third party means a natural or legal person, authority, institution or other body other than the data subject, the controller, the processor and those persons who, under the direct responsibility of the controller or the processor, are authorized to process the personal data.
A data subject’s consent is any voluntary statement of intent in the specific case, made in an informed and unequivocal manner, in the form of a statement or other clear affirmative act, with which the data subject indicates that he/she agrees to the processing of personal data concerning him/her.
Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing. Under Art. 6 para. 1 letters a – f of the GDPR, the legal basis for processing may in particular be:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Information about the collection of personal data
(1) In the following we provide information about the collection of personal data when using our website. Personal data includes, for example, name, address, e-mail addresses and user behavior.
(2) If you contact us by email or via contact forms on our website, the data you provide (your email address, if applicable your name and your telephone number) will be stored by us in order to answer your questions. We delete the data arising in this context after storage is no longer necessary, or processing is restricted if statutory retention obligations exist.
The collection of personal data when visiting our website
When using the website for information purposes only, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (the legal basis is Art. 6 para. 1 Sentence 1 lit. f of the GDPR):
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status/HTTP status code
- Amount of data transferred in each case
- Website from which the request comes
- Operating system and its interface
- Language and version of the browser software
Collection of personal data from telephone calls and transmission of faxes
We offer you the possibility to contact us by phone or send us faxes. If the device you are using or your telephone service provider supports this, your telephone number or sender ID will be transmitted. This information is temporarily stored in a file of our telephone system. In the event of transmission, the following information is recorded without your involvement and stored until it is automatically deleted:
- Phone number of the incoming call
- Sender identification in the case of fax transmission
- Date and time of the call
- Connection period
We process this data for the following purposes:
- Ensuring a smooth connection setup for fax communications
- Enabling callback to the caller
- Allocation of participants
- Other administrative purposes
The transmission of the mentioned data is voluntary and can be technically prevented by the caller (CLIP/number suppression).
The data processing for the purpose of contacting us is carried out according to Art. 6 para. 1 sentence 1 letter a of the GDPR on the basis of your voluntary consent.
The personal data collected for telephone or fax communications will be automatically deleted after your request has been processed.
(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive in the browser you use and through which certain information flows to the party that places the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the website more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and functionality of which are explained below:
- Transient Cookies (see a.)
- Persistent Cookies (see b.)
- a. Transient cookies are automatically deleted when you close your browser. This includes in particular the session cookies. These store a so-called session ID, with which different requests of your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close your browser.
- b. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies at any time in the security settings of your browser.
- c. You can configure your browser settings according to your wishes and, for example, refuse the acceptance of third-party cookies or all cookies. Third-party cookies are cookies that have been set by a third party and therefore not by the actual website you are currently visiting. Please note that you may not be able to use all functions of this website if you deactivate cookies.
Other functions and offers on our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if interested. For this purpose, you must generally provide additional personal data, which we use to provide the respective service and to which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are regularly monitored.
(3) Furthermore, we may pass on your personal data to third parties if we offer participation in promotions, competitions, conclusion of contracts or similar services together with partners. You will receive more information when providing your personal data or at the bottom of the description of the offer.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this circumstance in the description of the offer.
Rights of the data subject
(1) Withdrawal of consent
If the processing of personal data is based on a declaration of consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until withdrawal.
You can contact us at any time to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to request confirmation from the controller as to whether we are processing personal data relating to you. You can request confirmation at any time using the contact details above.
(3) Right of access
If personal data is processed, you can request information about this personal data and about the following information at any time:
- the purposes of the processing;
- the categories of personal data being processed;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of your personal data by the controller or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data is not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Art. 22 para. 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.
If personal data is transferred to a third country or an international organization, you have the right to be informed of the appropriate guarantees in accordance with Art. 46 of the GDPR in connection with the transfer. We provide a copy of the personal data that is the subject of the processing. We may charge an appropriate fee based on administrative costs for any additional copies you personally request. If you submit the application electronically, the information shall be provided in a common electronic format, unless otherwise specified. The right to obtain a copy in accordance with paragraph 3 shall not prejudice the rights and freedoms of other persons.
(4) Right to rectification
You have the right to request us to correct any inaccurate personal data concerning you without undue delay. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
(5) Right to erasure (‘right to be forgotten’)
You have the right to request from the data controller the erasure of your personal data without undue delay and we are obliged to erase personal data without undue delay where one of the following grounds applies:
- The personal data is no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a of the GDPR and where there is no other legal ground for the processing.
- The data subject objects to the processing pursuant to Art. 21 para. 1 of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2.
- The personal data has been unlawfully processed.
- The personal data has to be erased for compliance with a legal obligation in European Union or Member State law to which the controller is subject.
- The personal data has been collected in relation to the offer of information society services referred to in Art. 8 para. 1 of the GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, that personal data.
The right to erasure (‘right to be forgotten’) does not apply to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing by European Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for compliance with a legal obligation which requires processing by European Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art. 89 para. 1 of the GDPR in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise or defense of legal claims.
(6) Right to restriction of processing
You have the right to obtain from us the restriction of processing your personal data where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of the use of the personal data instead;
- the controller no longer needs the personal data for the purposes of the processing, but the data is required by the data subject for the establishment, exercise or defense of legal claims; or
- the data subject has objected to processing pursuant to Art. 21 para. 1 of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.
In order to exercise the right to restrict processing, the data subject may contact us at any time using the contact details provided above.
(7) Right to data portability
You have the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit this data to another controller without hindrance from the controller to which the personal data has been provided, where:
- the processing is based on consent pursuant to Art. 6 para. 1 letter a or Art. 9 para. 2 letter a, or on a contract pursuant to Art. 6 para. 1 letter b of the GDPR; and
- the processing is carried out by automated means.
In exercising your right to data portability pursuant to para. 1, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability does not affect the right to erasure (‘right to be forgotten’). This right shall not apply to 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.
(8) Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on letters e or f of Art. 6 para. 1 of the GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
Where personal data is processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Art. 89 para. 1, you, on grounds relating to your particular situation, have the right to object to processing of your personal data, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You can exercise your right of objection at any time by contacting the data controller.
(9) Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply when the decision:
- is necessary for entering into, or performance of, a contract between the data subject and a data controller;
- ab. is authorized by European Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
- c. is based on the data subject’s explicit consent.
The data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
The data subject can exercise this right at any time by contacting the respective data controller.
(10) Right to lodge a complaint with a supervisory authority
Moreover, without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes this Regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right of appeal to a supervisory authority under Art. 77 of the GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed upon as a result of processing of your personal data in breach of this Regulation.
Einsatz von Google Analytics
(1) This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses something called “cookies”, text files that are stored on your computer and that allow an analysis of your use of the website. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization on this website, Google will truncate/anonymize your IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address sent to and shortened by Google servers in the USA. On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider.
(2) Google will not associate your IP address received through Google Analytics with any other data held by Google.
(3) You may refuse the storage of cookies by selecting the appropriate settings in your browser software. However, please note that if you do this, you may not be able to use the full functionality of this website. Further, you can prevent Google’s collection and use of data (including your IP address) generated by the cookie by downloading and installing the browser plug-in available under this link: http://tools.google.com/dlpage/gaoptout?hl=en.
(4) This website uses Google Analytics with the extension “anonymizeIp”. This means that IP addresses are further processed in abbreviated form, thereby excluding the possibility of personal traceability. As far as the data collected about you contains a personal reference, this is immediately excluded and the personal data is immediately deleted.
(5) We use Google Analytics to analyze and regularly improve the use of our website. With the statistics provided, we can improve our offer and make it more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has committed itself to and is subject to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. f of the EU-GDPR.
(6) Third-party provider information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001.
https://www.google.com/analytics/terms/de.html, data privacy and protection overview: https://www.google.com/intl/de/analytics/learn/privacy.html, and data protection policy: https://www.google.de/intl/de/policies/privacy
(7) This site also uses Google Analytics for cross-device analysis of visitor traffic conducted through a user ID. You can deactivate the cross-device analysis of your use under “My data”, “Personal data” in your customer account.
Use of social media plugins
(1) We currently use the following social media plug-ins: Facebook, Google+, Twitter, Xing, YouTube, LinkedIn incl. SlideShare, Instagram and Pinterest. We use something called the two-click solution. This means that when you visit our site, no personal data is initially passed on to the providers of the plug-ins. You can recognize the provider of the plug-in via the marking on the box above its first letter or the logo. We offer you the possibility to communicate directly with the provider of the plug-in via the button. Only if you click on the marked field and thereby activate it, will the plug-in provider be informed that you have accessed the corresponding section of our website. In addition, the data specified in Section 3 of this declaration will be transmitted. In the case of Facebook and Xing, the IP address is anonymized immediately after collection, according to the respective provider in Germany. By activating the plug-in, personal data is transferred from you to the respective plug-in provider and stored there (for US providers in the USA). Since the plug-in provider collects data mainly via cookies, we recommend that you delete all cookies before clicking on the grayed-out box using your browser’s security settings.
(2) We have no influence on the data collected and data processing processes, nor are we aware of the full extent of data collection, the purposes of processing or the storage periods. We also have no information on the deletion of the data collected by the plug-in provider.
(3) The plug-in provider stores the data collected about you as user profiles and uses it for the purposes of advertising, market research and/or demand-oriented design of its website. Such analysis is carried out in particular (also for users who are not logged in) to display demand-oriented advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Through the plug-ins we offer you the possibility to interact with social networks and other users, so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 para. 1 sentence 1 letter f of the GDPR.
(4) The data is transferred regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, your data collected with us will be directly assigned to your existing account with the plug-in provider. If you click the activated button and, for example, link the page, the plug-in provider also stores this information in your user account and shares it publicly with your contacts. We recommend that you log out regularly after using a social network, especially before activating the button, as this way you can avoid being tied to your profile with the plug-in provider.
(5) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the data protection declarations of these providers given below. They will also provide you with further information about your rights in this regard and setting options to protect your privacy.
(6) Addresses of the respective plug-in providers and URL with their data protection information:
- Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; http://www.facebook.com/policy.php; more information on data collection:http://www.facebook.com/help/186325668085084, http://www.facebook.com/about/privacy/your-info-on-other#applications or http://www.facebook.com/about/privacy/your-info#everyoneinfo. Facebook has committed to the EU-US Privacy Shield, https://www.privacyshield.gov/European-Businesses.
- Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; https://www.google.com/policies/privacy/partners/?hl=de. Google has committed to the EU-US Privacy Shield, https://www.privacyshield.gov/European-Businesses.
- Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; https://twitter.com/privacy. Twitter has committed to the EU-US Privacy Shield, https://www.privacyshield.gov/European-Businesses.
- Xing AG, Gänsemarkt 43, 20354 Hamburg, DE; http://www.xing.com/privacy.
- YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA
- LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; http://www.linkedin.com/legal/privacy-policy. LinkedIn has committed to the EU-US Privacy Shield, https://www.privacyshield.gov/European-Businesses.
- Instagram LLC, 1601 Willow Rd, Menlo Park CA 94025, USA;
- Pinterest Europe Ltd., Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland; https://policy.pinterest.com/de/privacy-policy
Embedding of Google Maps
(1) On this website we use the services of Google Maps. This allows us to display interactive maps directly on the website and enables you to conveniently use the map function.
(2) By visiting the website, Google receives information that you have called up the corresponding subpage of our website. In addition, the data specified in Section 3 of this declaration will be transmitted. This takes place regardless of whether Google provides a user account that you are logged in with or whether no user account exists. If you are logged in to Google, your information will be directly associated with your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses it for purposes of advertising, market research and/or demand-oriented design of its website. Such analysis takes place in particular (even for unlogged-in users) to provide demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
(3) Further information on the purpose and scope of data collection and its processing by the plug-in provider can be found in the data protection declarations of the provider. There you will also find further information about your rights in this regard and setting options for the protection of your privacy: http://www.google.de/intl/de/policies/privacy. Google also processes your personal data in the USA and has committed to the EU-US Privacy Shield, https://www.privacyshield.gov/EU-US-Framework.
We use external service providers (contract processors) for example for the dispatch of goods, newsletters or payment processing. A separate processing contract for order data has been concluded with the service provider in order to guarantee the protection of your personal data. Upon request, we will be happy to inform you about the companies commissioned by us to process your data (contractors within the scope of Art. 28 of the GDPR).