Privacy Policy

This privacy policy clarifies the nature, 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 collectively referred to as "online offering"). With regard to the terms used, such as "personal data" or their "processing", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

CONTROLLER:

twenty-eight agency GmbH

Anna-Louisa-Karsch-Straße 7
10178 Berlin

Represented by the managing directors: Nils Leidloff, Lukas von Zittwitz

Commercial register: HRB 259072
Local court: Charlottenburg
USt-IdNo.: DE365221133

Email: contact@twenty-eight.agency
Website: www.twenty-eight.agency

TYPES OF DATA PROCESSED:

Inventory data

Contact data

Content data

Usage data

Meta/communication data

PROCESSING OF SPECIAL CATEGORIES OF DATA (ART. 9 PARA. 1 GDPR):

No special categories of data are processed.

CATEGORIES OF PERSONS AFFECTED BY THE PROCESSING:

Customers / interested parties / suppliers

Visitors and users of the online offer

In the following, we also refer to the data subjects collectively as "users".

PURPOSE OF THE PROCESSING:

Provision of the online offering, its content and functions.

Provision of contractual services, service and customer care.

Answering contact enquiries and communicating with users.

Marketing, advertising and market research.

Status: 21/11/2023

1 Relevant legal bases

In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the fulfilment of our services and implementation of contractual measures as well as responding to enquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing for the fulfilment of our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR, and in the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

2. changes and updates to the privacy policy

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

3. security measures

3.1 In accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, appropriate technical and organisational measures to ensure a level of security appropriate to the risk; the measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, disclosure, safeguarding of availability and their separation. We have also set up procedures to ensure that data subjects' rights are exercised, data is deleted and we respond to data threats. Furthermore, we take the protection of personal data into account as early as the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR)

4 Cooperation with processors and third parties

4.1 If we disclose data to other persons and companies (processors or third parties) as part of our processing, transfer it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the fulfilment of the contract in accordance with Art. 6 para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

4.2 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 GDPR.

5 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 occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual authorisations, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").

6 Rights of the data subjects

6.1 You have the right to request confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.

6.2 You have in accordance with. Art. 16 GDPR, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.

6.3 In accordance with Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with Art. 18 GDPR.

6.4 You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transferred to other data controllers.

6.5 You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

7. right of cancellation

You have the right to withdraw your consent in accordance with Art. 7 para. 3 GDPR with effect for the future.

8. right to object

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

9. cookies and right to object to direct advertising

We use temporary and permanent cookies, i.e. small files that are stored on users' devices (for an explanation of the term and function, see the last section of this privacy policy). Some of the cookies are used for security purposes or are necessary for the operation of our online services (e.g. to display the website) or to save the user's decision when confirming the cookie banner. In addition, we or our technology partners use cookies for reach measurement and marketing purposes, about which users are informed in the course of the privacy policy.

A general objection to the use of cookies used for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website https://www.aboutads.info/choices/oder the EU website https://www.youronlinechoices.com/erklärt. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that you may then not be able to use all the functions of this online service.

10 Deletion of data

10.1 The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

10.2 In accordance with legal requirements, data is stored in particular for 6 years in accordance with Section 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).

11. provision of contractual services

11.1 We process inventory data (e.g., names and addresses as well as contact data of users), contract data for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 para. 1 lit. b. GDPR. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.

11.2 We process usage data (e.g. the websites visited on our online offer, interest in our products) and content data (e.g. entries in the contact form or user profile) for advertising purposes in a user profile, e.g. to display product information to users based on the services they have used to date.

11.3 The deletion takes place after the expiry of statutory warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation); information in the customer account remains until its deletion.

12. making contact

12.1 When contacting us (via contact form or e-mail), the user's details are processed to process the contact enquiry and its handling in accordance with Art. 6 para. 1 lit. b) GDPR.

12.2 We delete the enquiries if they are no longer required. We review the necessity every two years. In the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

13 Comments and contributions

13.1 When users leave comments or other contributions, their IP addresses are stored on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR for 7 days. GDPR for 7 days.

13.2 This is done for our security in the event that someone leaves illegal content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves may be prosecuted for the comment or post and are therefore interested in the identity of the author.

14 Akismet anti-spam check

Our website uses the "Akismet" service, which is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. It is used on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f) GDPR. This service is used to distinguish comments from real people from spam comments. For this purpose, all comments are sent to a server in the USA, where they are analysed and stored for four days for comparison purposes. If a comment has been categorised as spam, the data is stored beyond this period. This information includes the name entered, the email address, the IP address, the comment content, the referrer, details of the browser used and the computer system and the time of the entry.

Automattic is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (httpss://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).

Further information on the collection and use of data by Akismet can be found in Automattic's privacy policy: httpss://automattic.com/privacy/.

Users are welcome to use pseudonyms or choose not to enter their name or email address. You can completely prevent the transfer of data by not using our comment system. That would be a pity, but unfortunately we do not see any other alternatives that work just as effectively.

15 Online presence in social media

15.1 On the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR. GDPR, we maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

15.2 Unless otherwise stated in our privacy policy, we process users' data if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.

16. cookies & reach measurement

16.1 Cookies are information that is transferred from our web server or third-party web servers to the user's web browser and stored there for later retrieval. Cookies may be small files or other types of information storage.

16.2 Users will be informed about the use of cookies in the context of pseudonymous reach measurement as part of this privacy policy.

16.3 If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

16.4 You can object to the use of cookies for reach measurement and advertising purposes via the deactivation page of the network advertising initiative (https://optout.networkadvertising.org/) and additionally the US website (https://www.aboutads.info/choices) or the European website (https://www.youronlinechoices.com/uk/your-ad-choices/).

17 Google Analytics

17.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use Google Analytics, a web analytics service. GDPR) Google Analytics, a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.

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

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

17.4 We use Google Analytics to display adverts placed by Google and its partners within advertising services only to those users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Google (so-called "remarketing" or "Google Analytics audiences"). With the help of remarketing audiences, we also want to ensure that our adverts correspond to the potential interest of users and are not annoying.

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

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

17.7 You can find further information on data use by Google, setting and objection options on the Google websites: httpss://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use our partners' websites or apps"), httpss://policies.google.com/technologies/ads ("Data use for advertising purposes"), httpss://adssettings.google.com/authenticated ("Manage information that Google uses to show you advertising").

17.8 Otherwise, the personal data will be anonymised or deleted after a period of 14 months

18 Google Re/Marketing Services

18.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use the marketing and remarketing services of Google. GDPR) the marketing and remarketing services ("Google Marketing Services" for short) of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").

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

18.3 Google marketing services allow us to display adverts for and on our website in a more targeted manner in order to present users only with adverts that potentially match their interests. If, for example, a user is shown adverts for products that they have been interested in on other websites, this is referred to as "remarketing". For these purposes, when our and other websites on which Google marketing services are active are accessed, a code from Google is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, what content they are interested in and which offers they have clicked on, as well as technical information about the browser and operating system, referring websites, time of visit and other information about the use of the online offer. The IP address of the user is also recorded, whereby we inform Google Analytics that the IP address is shortened within member states of the European Union or in other signatory states to the Agreement on the European Economic Area and only in exceptional cases is it transmitted in full to a Google server in the USA and shortened there. The IP address is not merged with the user's data within other Google services. Google may also combine the aforementioned information with such information from other sources. If the user subsequently visits other websites, they can be shown adverts tailored to their interests.

18.4 User data is processed pseudonymously as part of Google marketing services. This means that Google does not store and process the user's name or email address, for example, but processes the relevant data in relation to cookies within pseudonymous user profiles. This means that, from Google's perspective, the adverts are not managed and displayed for a specifically identified person, but for the cookie owner, regardless of who this cookie owner is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymisation. The information collected by Google Marketing Services about users is transmitted to Google and stored on Google's servers in the USA.

18.5 The Google marketing services we use include the online advertising programme "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked via the websites of AdWords customers. The information collected with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers find out the total number of users who clicked on their advert and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

18.6 We can integrate third-party adverts on the basis of the Google marketing service "AdSense". AdSense uses cookies to enable Google and its partner websites to display adverts based on users' visits to this website or other websites on the Internet.

18.7 We may also use the "Google Tag Manager" to integrate and manage Google analytics and marketing services on our website.

18.8 For more information about Google's use of data for marketing purposes, please visit the overview page: httpss://policies.google.com/technologies/ads, Google's privacy policy is available at httpss://policies.google.com/privacy.

18.9 If you wish to object to interest-based advertising by Google marketing services, you can use the setting and opt-out options provided by Google: httpss://adssettings.google.com/authenticated.

19 Facebook, Custom Audiences and Facebook marketing services

19.1 Within our online offer, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc, 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are resident in the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"), is used on the basis of our legitimate interests in the analysis, optimisation and economic operation of our online offer and for these purposes.

19.2 Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (httpss://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

19.3 With the help of the Facebook pixel, Facebook is able to determine the visitors of our online offer as a target group for the display of adverts (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products determined on the basis of the websites visited) that we transmit to Facebook (so-called "custom audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of users and are not annoying. With the help of the Facebook pixel, we can also track the effectiveness of Facebook adverts for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook advert (so-called "conversion").

19.4 The processing of data by Facebook takes place within the framework of Facebook's data usage policy. Accordingly, general information on the display of Facebook ads can be found in Facebook's data usage policy: httpss://www.facebook.com/policy.php. Specific information and details about the Facebook pixel and how it works can be found in the Facebook help section: httpss://www.facebook.com/business/help/651294705016616.

19.5 You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set which types of adverts are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions on the settings for usage-based advertising: httpss://www.facebook.com/settings?tab=ads.Die Settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

19.6 You can also object to the use of cookies for reach measurement and advertising purposes via the deactivation page of the network advertising initiative (https://optout.networkadvertising.org/) and additionally the US website (https://www.aboutads.info/choices) or the European website (https://www.youronlinechoices.com/uk/your-ad-choices/).

20 Facebook social plugins

20.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use social plugins ("Facebook"). GDPR) social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognisable by one of the Facebook logos (white "f" on a blue tile, the terms "Like", "Gefällt mir" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of Facebook social plugins can be viewed here: httpss://developers.facebook.com/docs/plugins/.

20.2 Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (httpss://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

20.3 When a user calls up a function of this online offer that contains such a plugin, their device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offering. User profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.

20.4 By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by clicking the Like button or leaving a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out their IP address and store it. According to Facebook, only an anonymised IP address is stored in Germany.

20.5 The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the related rights and setting options for protecting the privacy of users, can be found in Facebook's data protection information: httpss://www.facebook.com/about/privacy/.

20.6 If a user is a Facebook member and does not want Facebook to collect data about them via this online service and link it to their membership data stored on Facebook, they must log out of Facebook and delete their cookies before using our online service. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: httpss://www.facebook.com/settings?tab=ads or via the US site https://www.aboutads.info/choices/ or the EU site https://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.

21 Integration of third-party services and content

21.1 On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR), we use content or service offers from third parties within our online offer. GDPR) content or service offers from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content"). This always presupposes that the third-party providers of this content recognise the IP address of the user, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We endeavour to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. Pixel tags can be used to analyse information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.

21.2 The following presentation provides an overview of third-party providers and their content, together with links to their data protection declarations, which contain further information on the processing of data and, in some cases already mentioned here, options for objection (so-called opt-out):

• External fonts from Google, LLC, httpss://www.google.com/fonts ("Google Fonts"). Google Fonts are integrated by calling up a Google server (usually in the USA). Privacy policy:httpss://policies.google.com/privacy, Opt-Out: httpss://adssettings.google.com/authenticated.

• Maps from the "Google Maps" service provided by the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: httpss://www.google.com/policies/privacy/, opt-out: httpss://www.google.com/settings/ads/.

• Videos from the "YouTube" platform of the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: httpss://policies.google.com/privacy, opt-out: httpss://adssettings.google.com/authenticated.

• Functions of the Instagram service are integrated into our online offering. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Instagram. Privacy policy: https://instagram.com/about/legal/privacy/.

• Functions of the Twitter service or platform may be integrated into our online offering (hereinafter referred to as "Twitter"). Twitter is a service provided by Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. The functions include the presentation of our posts within Twitter within our online offering, the link to our profile on Twitter and the possibility to interact with the posts and the functions of Twitter, as well as to measure whether users reach our online offering via the adverts placed by us on Twitter (so-called conversion measurement). Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (httpss://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Privacy policy: httpss://twitter.com/en/privacy, opt-out: httpss://twitter.com/personalisation.

• External code of the JavaScript framework "jQuery", provided by the third-party provider jQuery Foundation, httpss://jquery.org.