privacy statement

privacy statement

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).

person in charge

BRAIN ORCHESTRA
BRAIN ORCHESTRA Management Consulting Ltd.
Rethelstraße 8

22607 Hamburg, Germany

+49 40 228 53 93 90
contact (at) brainorchestra.com

Management: Markus Hoischen

Types of data processed:

- Inventory data (for example, names, addresses).
- Contact data (e.g. e-mail, telephone numbers).
- Content data (e.g., text input, 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 referred to collectively as "users").

Purpose of processing

- Provision of the online offer, its functions and contents.
- Answer contact requests and communicate with users.
- Security measures.
- Reach measurement/Marketing

Terms used

"personal data" means any information relating to an identified or identifiable natural person (hereinafter "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 which is carried out with or without the aid of automated processes and which involves personal data. The term reaches far and covers practically every handling of data.

"pseudonymisation' 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 organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

"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 analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.

controller" means any natural or legal person, public authority, agency or 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.

Applicable legal bases

In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the privacy statement, 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 in order 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 in order to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing in order 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 necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

safety precautions

In accordance with Art. 32 DSGVO, we take appropriate technical and organisational 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 different probability of occurrence and severity of the risk to the rights and freedoms of natural persons.

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 that data subjects' rights are exercised, that data is deleted and that we react 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 through data protection-friendly default settings (Art. 25 DSGVO).

Cooperation with contract processors and third parties

Insofar as we disclose data to other persons 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 performance of the contract), if you 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 with 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 are met. Process DSGVO. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or the observance of officially recognised 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.

They have accordingly. Art. 16 DSGVO the right to request the completion of data concerning you or the correction of incorrect data concerning you.

Pursuant to Art. 17 DSGVO, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data pursuant to Art. 18 DSGVO.

You have the right to demand that we receive the data concerning you that you have provided to us in accordance with Art. 20 DSGVO and to demand that it be transferred to other responsible parties.

Pursuant to Art. 77 DSGVO, they also have the right to file a complaint with the competent supervisory authority.

right of withdrawal

You have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with effect for the future.

right of objection

You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. The objection may in particular be lodged against processing for the purposes of direct marketing.

Cookies and right to object to direct advertising

Cookies" are small files that are stored on the user's computer. Different 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 cart 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 can also be stored in such a cookie, which are used for range measurement or marketing purposes. Third-Party-Cookie" are cookies that are offered by other providers than the responsible person who operates the online service (otherwise, if they are only their cookies, one speaks of "First-Party Cookies").

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

If users do not wish 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 raised for a large number of services, particularly in the case of tracking, via the US American site http://www.aboutads.info/choices/or the EU page http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off 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 or their processing restricted in accordance with Art. 17 and 18 DSGVO. 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.

According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 und 4, Abs. 4 HGB (books, records, management reports, accounting documents, commercial books, for taxation of relevant documents, etc.) and 6 years according to § 257 Abs. 1 Nr. 2 und 3, Abs. 4 HGB (commercial letters).

According to legal requirements in Austria, the storage is carried out in particular for 7 years in accordance with § 132 (1) 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.

Business-related processing

Additionally we process
- Contract data (for example, contract object, duration, customer category).
- Payment data (for example, bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

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 special categories of personal data in principle, unless these are components 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, optimisation, 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 only takes place if it is required 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 statutory requirements for order processing pursuant to Art. 28 DSGVO and shall not process the data for any purposes other than those specified in the order.

We delete the data after expiration of legal warranty and comparable obligations. the necessity of the storage of the data is reviewed every three years; in the case of legal archiving obligations the deletion takes place after their expiration (6 J, according to § 257 Abs. 1 HGB, 10 J, according to § 147 Abs. 1 AO). In the case of data 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.

External payment service providers

We use the external payment service provider Stripe to accept payments to brainorchestra.com. 

Payment transactions are subject to Stripe's terms and conditions and privacy policy, which can be found at www.stripe.com/privacyas well as within the transaction applications. These can be adjusted from time to time by Stripe. We also refer to these for the purpose of further information and assertion of revocation, information and other rights affected.

When you make a payment to Brain Orchestra via Stripe, you agree to provide accurate and complete information about yourself and your company and authorize Brain Orchestra to transfer to Stripe the information necessary to process the payment via Stripe.

Within the framework of the performance of contracts, we use this payment service provider on the basis of Art. 6 Para. 1 lit. b. DSGVO. In addition, we use external payment service providers on the basis of our legitimate interests pursuant to Art. 6 Para. 1 lit. b. DSGVO in order to offer our users effective and secure payment options.

Data processed by Stripe includes inventory data, such as name and address, bank data, such as account or credit card numbers, passwords, TANs and checksums, as well as contract, total and recipient details. The information is required to complete the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account- or credit card-related information, but only information with confirmation or negative information about the payment. The data may be transmitted by payment service providers to credit reference agencies. The purpose of this transmission is to check identity and creditworthiness. Please refer to Stripe's general terms and conditions and data protection information.

Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks as well as the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. Here we process the same data that we process within the framework 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 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 cancellation 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, organisers 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.

Contact us

When contacting us (e.g. via contact form, e-mail, telephone or via social media such as LinkedIn), the user's details will be processed for the purpose of processing the contact enquiry and processing it in accordance with Art. 6 Para. 1 lit. b) DSGVO.

We use this information to to process your request for information and to contact you with information about our services and products.

Please contact us by (e-mail/telephone/website) to revoke the right to use your data.

User data is stored in a customer relationship management system ("CRM system") or comparable inquiry organization.

We will delete the requests if they are no longer necessary. We review the necessity every two years; furthermore, the statutory archiving obligations apply.

Hosting and e-mailing,

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 conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).

Collection of access data and log files

We, respectively our hosting provider siteground, raise on the basis of our legitimate interests in terms of Art. 6 para. 1 lit. f. DSGVO Data about 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. for the clarification of abuse or fraud actions) for the duration of maximally 7 days and deleted afterwards. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

Google Tag Manager

Google Tag Manager is a solution with which we can manage so-called website tags via an interface (and thus integrate Google Analytics and other Google marketing services into our online offering). The Tag Manager itself (which implements the tags) does not process any personal user data. With regard to the processing of users' personal data, reference is made to the following information on Google services. Terms of use: https://www.google.com/intl/de/tagmanager/use-policy.html.

Google Analytics

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Civil Code), we act in accordance with the following principles DSGVO) Google Analytics, a web analysis service of Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transferred to a Google server in the USA and stored there.

Google is certified under the Privacy Shield Agreement, providing a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).

Google will use this information on our behalf to evaluate the use of our online services by users, to compile reports on the activities within this online service and to provide us with other services associated with the use of this online service and the Internet. Pseudonymous user profiles of the users 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. Users may refuse the use of cookies by selecting the appropriate settings on their browser, however please note that if the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily: http://tools.google.com/dlpage/gaoptout?hl=de.

Further information on the use of data by Google, setting and objection possibilities, can be found in Google's data protection declaration (https://policies.google.com/technologies/ads) as well as in the settings for the display of advertisements by Google -=https://adssettings.google.com/authenticated=- sync:ßÇÈâÈâ).