Privacy notice for website user in accordance with Article 13 GDPR

Name and address of the data controller

The responsible body within the meaning of the General Data Protection Regulation (GDPR) and other data protection regulationsis:

Pink University GmbH
Rüdesheimer Straße 7
80686 München

+49 89 5 47 27 84 10
contact@pinktum.com

Name and address of the data protection officer

The data protection officer of the data controller is:

Jörg Hermann
Freibadstr. 30
81543 München
Germany

+49 89 200 033 580
data.protection@pinktum.com

General information on data processing

Legal basis for processing personal data

In accordance with Article 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not specified in the privacy notice, the following applies: the legal basis for obtaining consent is Articel 6(1)(a) in conjunction with Article 7 GDPR. The legal basis for processing in order to provide our services and fulfil contractual measures, as well as answering inquiries, is Article 6(1)

(b) GDPR. The legal basis for processing in order to fulfil our legal obligations is Article 6(1)(c) GDPR. If the processing of your data is necessary to safeguard the legitimate interests of our company or a third party and if your interests, fundamental rights and fundamental freedoms as the data subject do not outweigh the first interest, Article 6(1)(f) GDPR serves as the legal basis for the processing. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.

Data deletion and storage period

We adhere to the principles of data minimisation in accordance with Article 5(1)(c) GDPR and storage limitation according to Article 5(1)(e) GDPR. We only store your personal data for as long as is necessary to achieve the purposes stated here, or as stipulated by the retention periods provided for by law. After the respective purpose no longer applies or after these retention periods have expired, the corresponding data will be deleted as quickly as possible.

Note on data transfer to third countries

We also use tools from companies based in third countries on our website. If these tools are active, your personal data may be transmitted to the servers of the respective companies. The level of data protection in third countries does not usually correspond to EU data protection legislation. This means that there is a risk that your data will be passed on to authorities in these countries. We have no influence on these processing activities.

External links

This website may contain links to third-party websites or to other websites under our responsibility. If you follow a link to any of the websites outside our control, please note that these websites have their own privacy notices. We do not assume any responsibility or liability for these external websites and their privacy notices. Before using these websites, please check whether you agree with their privacy policies.

You can recognise external links either by the fact that they are displayed in a colour which is slightly different from the rest of the text or that they are underlined. Your cursor will show you external links when you move it over such a link. Only when you click on an external link will your personal data be transferred to the destination of the link. The operator of the other website will then receive your IP address, the time at which you clicked on the link, the website you were on when you clicked on the link, and other information that you can find in the respective provider’s privacy notice.

Please also note that individual links may result in data transfer outside the European Economic Area. This could give foreign authorities access to your data. You may not be entitled to any legal recourse against such data access. If you do not want your personal data to be transferred to the link destination or potentially even accessed by foreign authorities against your will, please do not click on any links.

Rights of data subjects

As a data subject within the meaning of the GDPR, you have the option to assert various rights. The data subject rights arising from the GDPR are the right to information (Article 15), the right to rectification (Article 16), the right to deletion (Article 17), the right to restriction of processing (Article 18), the right to object (Article 21), the right to lodge a complaint with a supervisory authority and the right to data portability (Article 20).

Right of revocation:

Some data processing can only take place with your express consent.You have the option to revoke your consent at any time. However, the lawfulness of the data processing up to the point of revocation is not affected by this.

Right of objection:

If the processing is based on Article 6(1)(e) or (f) GDPR, you as the data subject can object to the processing of your personal data at any time for reasons arising from your particular situation. You are also entitled to this right in the case of profiling based on these provisions within the meaning of Article 4(4) GDPR. Unless we can prove a legitimate interest for the processing which overrides your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims, we will refrain from processing your data after the objection has been made.

If the processing of personal data serves the purpose of direct marketing, you also have the right to object at any time. The same applies to profiling associated with direct marketing. Here, too, we will no longer process personal data as soon as you raise an objection.

Right to lodge a complaint with a supervisory authority:

If you believe that the processing of your personal data violates the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, without prejudice to any other administrative or judicial remedy, your place of work or the location of the alleged violation.

Right to data portability:

If your data is processed automatically based on consent or fulfilment of a contract, you have the right to receive this data in a structured, common and machine-readable format. You also have the right to request that the data be transferred and made available to another data controller, insofar as this is technically feasible.

Right of access, rectification and erasure:

You have the right to obtain information about the processing of your personal data with regard to the purpose, categories and recipients of the data processing, as well as the duration of storage. If you have any questions on this topic or on other topics regarding personal data, you can of course contact us using the contact options provided in the legal notice.

Right to restriction of processing:

You may assert your right to the restriction of processing of your personal data at any time. To do this, you must meet one of the following requirements:

You contest the accuracy of the personal data. While the accuracy of the data is being verified, you have the right to demand that its processing is restricted.

If processing is unlawful, you can request the restriction of the use of the data as an alternative to deletion.

If we no longer need your personal data for the purposes of processing, but you need the data to assert, exercise or defend legal claims, you can request the restriction of processing as an alternative to deletion.

If you object to the processing in accordance with Article 21(1) GDPR, we will weigh up your interests against ours. Until this weighing up is completed, you have the right to request the restriction of processing.

The effect of restricting processing is that, apart from storage, the personal data may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or a member state.

Provision of the website (web host)

Our website is hosted by:

OVH GmbH

Christophstraße 19

50670 Köln

When you access our website, we automatically collect and store information in so-called server log files. Your browser automatically transmits this information to our server or our hosting company’s server.

These are:

IP address of the website visitor's end device device used

host name of the accessing computer visitor's operating system

browser type and version name of the retrieved file time of server request

amount of data

information on whether the retrieval of the data was successful This data is not merged with other data sources.

Instead of operating this website on our own server, we may also commission an external service provider (hosting company) to operate it on their own server, which we have named above in this case. The personal data collected by this website will be stored on the hosting company’s servers. In addition to the data mentioned above, the web host also stores for us, for example, contact requests, contact details, names, website access data, meta and communication data, contract data and other data generated via a website.

The legal basis for processing this data is Article 6(1)(f) GDPR . Our legitimate interest is the technically error-free presentation and optimisation of this website. If the website is called up in order to enter into contract negotiations with us or to conclude a contract, this serves as a further legal basis (Article 6(1)(b) GDPR). In the event that we have commissioned a hosting company, a order processing contract will have been agreed with this service provider.

Contact form

You have the option to contact us via a form on the website. In order to contact to be established via this form, we need your contact details in particular.

The legal basis for data processing here is to fulfil a contract or pre-contractual measures in accordance with Article 6(1)(b) GDPR . There may also be a legitimate interest in maintaining business relationships or answering your request for other reasons.

In this case, the legal basis for the processing of your data would be Article 6(1)(f) GDPR.

The data will be deleted when we have resolved your request and no other retention obligations apply.

Contact by telephone and email

We have provided a telephone number and email address on our website in accordance with legal requirements. Data transmitted in this way is automatically stored by us in order to process the corresponding enquiries or to be able to contact the person making the enquiry. We will not pass this data on to third parties without your consent.

If contact is made by telephone or via our email address for pre-contractual or contractual purposes, the legal basis for the processing of personal data is Article 6(1)(b) GDPR. For all other contact you make, the legal basis for our processing of your personal data is our legitimate interest in accordance with Article 6(1)(f) GDPR.

Use of Local Storage Items, Session Storage Items and Cookies

Our website uses local storage items, session storage items and/or cookies. Local storage is a mechanism that enables data to be stored within the browser on your end device. This data usually includes user preferences, such as the "day" or "night" mode of a website, and is retained until you manually delete the data. Session storage is very similar to Local storage, whereas the storage duration only lasts during the current session, so until the current tab is closed. The session storage objects are then deleted from your end device. Cookies are information that a web server (server that provides web content) stores on your end device in order to be able to identify this end device. They are either temporarily deleted for the duration of a session (session cookies) and after your visit to a website or permanently (permanent cookies) on your end device until you delete them yourself or they are automatically deleted by your web browser.

These objects can also be stored on your end device by third-party companies when you visit our site (third-party requests). This allows us, as the operator, and you, as a visitor to this website, to make use of certain third-party services installed on this website. Examples are the processing payment services or displaying videos on a website.

These mechanisms have a variety of uses. They can improve the functionality of a website, control shopping cart functions, increase the security and comfort of website use and carry out analyses regarding visitor flows and behaviour. Depending on their individual functions, they must be classified in terms of data protection legislation. Are they necessary for the operation of the website and intended to provide certain features (shopping cart feature) or serve to optimize the website (e.g. cookies to measure visitor behaviour), then their use is based on Article 6(1)(f) GDPR. As a website operator, we have a legitimate interest in storing local storage items, session storage items and cookies in order to ensure the technically error-free and optimized provision of our services. In all other cases, local storage items, session storage items and cookies are only stored with your express consent (Article 6(1)(a) GDPR).

If local storage items, session storage items and cookies are used by third-party companies or for analysis purposes, we will inform you about this separately in this privacy notice. When required, your consent will be requested and can be revoked at any time.

Use of external services

We use external services on our website. External services are services provided by third parties that are used on our website. This can be done for a variety of reasons, such as embedding videos or website security. When using these services, personal data is also passed on to the respective providers of these external services. If we have no legitimate interest in using these services, we will obtain your revocable consent as a visitor to our website before using them (Article 6(1)(a) GDPR).

Affiliate network

As part of one or more affiliate partner programmes, this website contains adverts and links to our advertising partners’ websites, through which we can earn money via reimbursement of advertising costs, for example if you make a purchase from this advertising partner. Our advertising partners use cookies or comparable recognition technologies (e.g. device fingerprinting) to trace the origin of orders. This enables our advertising partners to recognise that you have clicked on the corresponding link on our website.

Processing only occurs if you expressly give consent to this data processing (via our consent banner on the website). The legal basis for this processing is consent Art. 6(1)(a) GDPR. Without your consent, data processing in the manner described above will not take place. If you revoke your consent (e.g. via the consent banner or other options provided on this website), we will stop this data processing. The lawfulness of the processing carried out until the revocation remains unaffected.

leadREBEL

Our website uses the service leadREBEL. The provider of this service is Pulserio AG, Wassergrabe 3, 6210 Sursee, Switzerland.

The use of this service may result in data transfer to a third country (Switzerland). The European Commission has confirmed an adequate level of data protection for the country by adequacy decision.

Further information can be found in the provider's privacy policy at the following URL: https://leadrebel.io/de/privacy.

Analytics

We process website visitors’ personal data in order to analyse user behaviour. Evaluation of this data enables us to compile information on how visitors use individual components of our website. This allows us to increase the user-friendliness of our website. The analysis tools may be used, for example, to create user profiles for the display of targeted or interest-based advertising messages, to recognise our website visitors the next time they visit our website, to measure their click/scroll behaviour and downloads, to create heat maps, to recognise page views, to measure the length of visits to the website or bounce rates, as well as to trace the origin of website visitors (city, country, the website visitors have come from). The analysis tools help us to improve our market research and marketing activities.

Google Analytics

Our website uses the service Google Analytics. The provider of this service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://policies.google.com/privacy.

LinkedIn Insight Tag

Our website uses the service LinkedIn Insight Tag. The provider of this service is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL: https://www.linkedin.com/legal/privacy-policy.

Microsoft Advertising Web Analytics

Our website uses the service Microsoft Advertising Web Analytics. The provider of this service is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, D18 P521, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://privacy.microsoft.com/de- de/privacystatement.

New Relic

Our website uses the service New Relic. The provider of this service is New Relic Germany GmbH, Neuturmstraße 5, Suite 02-101, 80331 München, Germany.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://newrelic.com/termsandconditions/privacy.

Consent management

In order to comply with data protection requirements, we use a consent management tool on our website. This tool enables us to obtain the necessary consents for the setting of cookies or the use of external services. We then store these consents.

The data processing is necessary for compliance with a legal obligation to which the data controller (website operator) is subject. Article 6(1)(c) GDPR is therefore used as the legal basis for the processing.

Usercentrics

Our website uses the service Usercentrics. The provider of this service is Usercentrics GmbH, Sendlinger Straße 7, 80331 München, Germany.

Further information can be found in the provider's privacy policy at the following URL: https://usercentrics.com/de/datenschutzerklaerung.

Content delivery network (CDN)

We use a content delivery network (CDN) to optimise the performance and availability of our website. For this purpose, the service provider who makes this network available will process your IP address and information about when you visited our website. All further information on data processing by this service provider can be found in the company’s privacy notice.

This processing is based on our legitimate interest (Article 6(1)(f) GDPR).

Our legitimate interest in using a content delivery network is to be able to display our website as quickly, securely and reliably as possible.

Akamai CDN

Our website uses the service Akamai CDN. The provider of this service is Akamai Technologies GmbH, Parkring 22, 85748 Garching bei München, Germany.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://www.akamai.com/legal/privacy- statement.

Contentful CDN

Our website uses the service Contentful CDN. The provider of this service is Contentful GmbH, Max-Urich-Straße 3, 13355 Berlin, Germany.

The use of this service may result in data transfer to a third country (New Zealand). The European Commission has confirmed an adequate level of data protection for the country by adequacy decision.

Further information can be found in the provider's privacy policy at the following URL: https://www.contentful.com/legal/privacy-at- contentful/privacy-notice/.

Forms and surveys

We use tools on our website that allow us to create surveys and forms and integrate them on our website. We use these tools to conduct surveys on various topics on our website. Through these forms, we can ask questions and provide information on any topic and integrate them into the website. As a visitor to the website, you can complete the forms or respond to the surveys. As a visitor to the website, your personal data is processed when you visit the website, complete a form or respond to a survey. In particular, this includes your IP address, as well as other data you enter into forms or in response to surveys while visiting the website. This personal data is processed by the website operator and by the provider of the survey or form tool (our processor) and stored on their servers.

Jotform

Our website uses the service Jotform. The provider of this service is Jotform Inc., 4 Embarcadero Center, Suite 780, San Francisco CA 94111, USA.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL: https://www.jotform.com/privacy/.

Marketing

Our website uses tools that offer services related to campaigns, web analytics and personalisation. This enables a central and comprehensive collection of all data, which in turn is necessary for the optimisation and planning of digital campaigns. Our advertising partners may use these services on our website to profile your interests and show you relevant adverts on other websites.

Teads

Our website uses the service Teads. The provider of this service is Teads, 97 rue du Cherche midi, 75006 Paris, France.

Further information can be found in the provider's privacy policy at the following URL: https://www.teads.com/teads-website-privacy- policy/.

Interface software

Business processes run faster, more cheaply and with fewer errors if they are automated using software via interfaces. This allows them to be efficiently integrated into the company's processes via its own website or social networks. We use interface software on our website to link different applications and to transfer personal data securely from one application to another.

Google Tag Manager

Our website uses the service Google Tag Manager. The provider of this service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://policies.google.com/privacy.

Software framework

Software frameworks facilitate interaction with a platform by creating a standardized interface to it. Frameworks are used to reduce development effort for recurring software requirements and to ensure code and feature reusability. Some software frameworks implement security features to prevent improper use of the website. Software frameworks can increase function, accessibility, security and performance with little effort. Other use cases can also be covered by software frameworks.

jQuery

Our website uses the service jQuery. The provider of this service is OpenJS Foundation, 1 Letterman Dr, Ste D4700, San Francisco, California, 94129, USA.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL: https://openjsf.org/wp- content/uploads/sites/84/2021/04/OpenJS-Foundation-Privacy-Policy-2019-11-15.pdf.

Social media

We use social media plugins to connect our website with our social media channels. The integration of the plugins is intended to make it easier for visitors to our website to follow our channels on social networks and to share, like or comment on content. Some social media plugins enable the user behaviour of website visitors to be analysed with regard to their behaviour on social networks. The use of plugins is intended to raise our profile and increase the number of followers on our channels.

The plugins also process personal data and transfer data to these social networks. This transmission occurs as soon as the website is accessed. Processed data includes, for example: Name, address, email address, telephone number, access time, device information, IP address.

Facebook

Our website uses the service Facebook. The provider of this service is Meta Plattform Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Dublin, D02x525,, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://www.facebook.com/privacy/policy.

Facebook Connect

Our website uses the service Facebook Connect. The provider of this service is Meta Plattform Ireland Limited (Marketplace), 4 Grand Canal Square Grand Canal Harbour Dublin 2, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://de-de.facebook.com/policy.php.

Our website uses the service LinkedIn. The provider of this service is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL: https://www.linkedin.com/legal/privacy-policy.

Video/Music service

We integrate audio files and videos into our website. These are retrieved from the server of our provider, the so-called audio or video platform. In order to be able to play an audio file or a video, your end device establishes a connection with the audio or video platform and transmits personal data to it. This includes in particular your IP address and any location data or information about your browser and end device.

Vimeo

Our website uses the service Vimeo. The provider of this service is Vimeo.com, Inc., 330 West 34th Street, 5th Floor, New York 10001, USA.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://vimeo.com/privacy.

YouTube

Our website uses the service YouTube. The provider of this service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://policies.google.com/privacy.

Web fonts

This site uses so-called web fonts for the uniform display of fonts, which are provided by an external provider and loaded by the browser when the website is accessed. When web fonts are loaded, the web font provider becomes aware that our website has been accessed from your IP address, as your browser establishes a direct connection to the web font provider.

Google Fonts

Our website uses the service Google Fonts. The provider of this service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://policies.google.com/privacy.

Web security

We use tools that protect against unauthorised access, spam or other attacks on our website. This increases the security of our website.

This processing is based on our legitimate interest (Article 6(1)(f) GDPR).

Our legitimate interest is to be able to guarantee the security of our website and to protect ourselves from unauthorised access, spam and other attacks.

fraud0

Our website uses the service fraud0. The provider of this service is fraud0 GmbH, Sendlinger Str. 7, 80331 München, Germany. Further information can be found in the provider's privacy policy at the following URL: https://fraud0.com/privacy-policy/.

Advertising

Our website uses tools that facilitate or enable the placement of advertising, as well as evaluating its success. For this purpose, personal data is processed, in particular the IP address, access times and device information.

Google Ads

Our website uses the service Google Ads. The provider of this service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://policies.google.com/privacy.

Google AdSense

Our website uses the service Google AdSense. The provider of this service is Google Ireland Limited (GV), Gordon House, Barrow Street, Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://policies.google.com/privacy.

Google Double Click

Our website uses the service Google Double Click. The provider of this service is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://policies.google.com/privacy.

LinkedIn Ads

Our website uses the service LinkedIn Ads. The provider of this service is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.

The use of this service may result in data transfer to a third country (USA).

Further information can be found in the provider's privacy policy at the following URL: https://www.linkedin.com/legal/privacy-policy.

Pardot

Our website uses the service Pardot. The provider of this service is Salesforce.com Inc., Salesforce Tower, 415 Mission Street, 3rd Floor, CA 94105, San Francisco, USA.

The use of this service may result in data transfer to a third country (USA). The provider of this service is certified according to the EU-

U.S. Data Privacy Framework and therefore provides an adequate level of data protection.

Further information can be found in the provider's privacy policy at the following URL: https://www.salesforce.com/company/privacy/.

Privacy notice for customers and contractual partners

Data protection information on our processing of customer and prospective customer data in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)

Dear customer, dear contractual partner, dear interested party,

In accordance with the provisions of Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you about the processing of your personal data as well as your rights under data protection law in this regard. Which data is processed in detail and how it is used depends largely on the services requested or agreed. In order to ensure that you are fully informed about the processing of your personal data in the context of the performance of a contract or the implementation of pre-contractual measures, please take note of the following information.

1. Responsible body in the sense of data protection law

Pink University GmbH
Rüdesheimer Street 7
80686 Munich
Germany
Mail: contact@pinktum.com
Phone: +49 89 5 47 27 84 10
Represented by: Joachim Pawlik, Dr. Wolf-Bertram von Bismarck, Philipp Mehrtens, Christine Rave

2. Contact details of our data protection officer

Jörg Hermann, External Data Protection Officer
jmh data protection consulting
Freibadstr. 30
81543 Munich
Germany
E⁠-⁠mail: data.protection@pinktum.com

3. Purposes and legal basis of processing

We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), insofar as this is necessary for the establishment, implementation or fulfilment of a contract or for the implementation of pre-contractual measures. Insofar as personal data is required for the initiation or implementation of a contractual relationship or in the context of the implementation of pre-contractual measures, processing is lawful pursuant to Art. 6 (1) lit. b GDPR.

If you give us express consent to process personal data for specific purposes (e.g. forwarding to third parties, evaluation for marketing purposes or addressing you by e⁠-⁠mail), this processing is lawful on the basis of your consent pursuant to Art. 6 (1) a GDPR. Consent given can be revoked at any time with effect for the future.

If necessary and legally permissible, we process your data beyond the actual contractual purposes for the fulfilment of legal obligations according to Art. 6 para. 1 lit. c GDPR.

In addition, processing may be carried out to protect the legitimate interests of us or third parties as well as to defend against and assert legal claims in accordance with Art. 6 para. 1 lit. f GDPR. If necessary, we will inform you separately, stating the legitimate interest, insofar as this is required by law.

We process your data for the purpose of direct advertising, in particular for sending newsletters. The data processing is based on Art. 6 (1) lit. f GDPR and in the interest of informing you about new products and services. Each customer has his or her own right to object to this processing, the exercise of which leads to the termination of processing for the purpose of direct advertising. If data is stored exclusively for direct advertising, it will be deleted after the objection has been made.

In the case of business customers, we use the e⁠-⁠mail address of the contact person in accordance with Section 7 (3) of the UWG for the electronic sending of advertising for our own similar goods or services, unless you object. You have the right to object to the use of your e⁠-⁠mail address for direct advertising at any time without incurring any costs other than the transmission costs according to the basic rates.

4. Categories of personal data

We only process data that is related to the establishment of the contract or the pre-contractual measures. This can be general data about you or persons in your company (name, address, contact details, etc.) as well as, if applicable, other data that you provide to us in the context of establishing the contract.

5. Sources of the data

We process personal data that we receive from you in the context of contacting you or establishing a contractual relationship or in the context of pre-contractual measures.

6. Recipients of the data

We only pass on your personal data within our company to those areas and persons who need this data to fulfil contractual and legal obligations or to implement our legitimate interests.

Your personal data is processed on our behalf on the basis of data processing agreements in accordance with Art. 28 GDPR. In these cases, we ensure that the processing of personal data is carried out in accordance with the provisions of the GDPR. The categories of recipients in this case are internet service providers and providers of customer management systems and software. This also includes Pawlik Consultants GmbH, Zirkusweg 2, 20359 Hamburg, which supports us in financial accounting and controlling. We also use Tutorize GmbH, Universitätsstraße 3, 56070 Koblenz and Magh und Boppert GmbH, Schulze-Delitzsch-Straße 8, 33100 Paderborn as processors for the e⁠-⁠learning systems. For the creation of the profiles at Pinktum Profile, Screenfact GmbH, Astraturm Zirkusweg 2, 20359 Hamburg is our processor.

Otherwise, data is only passed on to recipients outside the company if this is permitted or required by law, if the transfer is necessary for the processing and thus the fulfilment of the contract or, at your request, for the implementation of pre-contractual measures, if we have your consent or if we are authorised to provide information. Under these conditions, recipients of personal data may be, for example:

External tax advisor
Public authorities and institutions (e.g. public prosecutor's office, police, supervisory authorities, tax office) in the event of a legal or official obligation,

7. Transmission to a third country

A transfer to a third country is not intended.

8. Duration of data storage

As far as necessary, we process and store your personal data for the duration of our business relationship or for the fulfilment of contractual purposes. This includes, among other things, the initiation and execution of a contract.

In addition, we are subject to various storage and documentation obligations, which result, among other things, from the German Commercial Code (HGB) and the German Fiscal Code (AO). The periods prescribed there for storage or documentation are two to ten years.

Finally, the storage period also depends on the statutory limitation periods, which, for example, according to §§ 195 et seq. of the German Civil Code (BGB), are generally three years, but in certain cases can be up to thirty years.

9. Your rights

Every data subject has the right to information under Article 15 of the GDPR, the right to rectification under Article 16 of the GDPR, the right to erasure under Article 17 of the GDPR, the right to restriction of processing under Article 18 of the GDPR, the right to notification under Article 19 of the GDPR and the right to data portability under Article 20 of the GDPR.

In addition, you have the right to lodge a complaint with a data protection supervisory authority pursuant to Art. 77 GDPR if you are of the opinion that the processing of your personal data is not lawful. The right of appeal is without prejudice to any other administrative or judicial remedy.

If the processing of data is based on your consent, you are entitled to revoke your consent to the use of your personal data at any time in accordance with Art. 7 GDPR. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected. Please also note that we may need to retain certain data for a certain period of time to comply with legal requirements.

Right of objection

Insofar as the processing of your personal data is carried out for the protection of legitimate interests pursuant to Art. 6 (1) lit. f GDPR, you have the right to object to the processing of this data at any time for reasons arising from your particular situation pursuant to Art. 21 GDPR. We will then no longer process this personal data unless we can demonstrate compelling legitimate grounds for the processing. These must outweigh your interests, rights and freedoms, or the processing must serve the assertion, exercise or defence of legal claims.

In individual cases, we process your personal data to carry out direct advertising. You have the right to object to processing for the purpose of such advertising at any time. This also applies to profiling insofar as it is related to such direct advertising. If you object to processing for the purpose of direct advertising, we will no longer process your personal data for these purposes.

To exercise your rights, you can contact us using the contact details provided in section 1.

10. Necessity of providing personal data

The provision of personal data for the decision to conclude a contract, the performance of a contract or for the implementation of pre-contractual measures is voluntary. However, we can only make a decision in the context of contractual measures if you provide such personal data that is required for the conclusion of the contract, the performance of the contract or pre-contractual measures.

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