1. Data controller’s name and contact data:
Avantgarde Gesellschaft für Kommunikation mbH
(hereafter referred to as ‘Avantgarde Gesellschaft für Kommunikation mbH’, ‘we’, ‘our’).
2. Data Protection Officer’s contact data
Holzhofer Consulting GmbH
Lochhamer Str. 31
Tel.: (0 89) 1 25 01 56 00
E-Mail: [email protected]
3. Purposes for which the personal data are to be processed as well as the legal basis of the processing
3.1 Data processing to perform the Agreement made between you and us (art. 6(1b) GDPR):
When an Agreement is concluded: in order to perform the existing Agreement, deliver services owed and send you contract documents, we as well as third parties or data processing companies commissioned by us process the following data of yours if you have provided us this information when signing the Agreement or during the term of the Agreement:
- personal information (name, address, telephone, fax number, email address and homepage if applicable),
- bank data (IBAN, bank, account holder) and payment information
3.2 Data use based on your consent (art. 6(1a) GDPR)
When sending you promotional material other than by post, we will only use the communication channels to which you have consented. To this end we will use your data for the following purposes:
- Quality assurance: in order to continuously improve our products and services for you we conduct surveys about your satisfaction as well as your experiences with our Agreement.
- General and personal advertising.
- If you have given us a SEPA direct debit mandate, we will moreover use your bank account information. We will collect open amounts in accordance with our contractual agreements via the SEPA direct debit mandate.
4. Obligation to provide the data
Providing your name and address is obligatory. If you do not provide us this information, you cannot conclude a contract with us. All other data are voluntary.
5. Automated decision-making including profiling
No profiling measures are performed on the part of Avantgarde Gesellschaft für Kommunikation mbH.
6. Data transfer to a third country
Data transfer to countries outside of the EU and the European Economic Area (‘third countries’) takes place in connection with the administration, development and operation of IT systems. Data will only be transferred in the following instances:
- the transfer is generally permissible due to statutory authorisation or you have consented to the data transfer, and
- the special conditions for a transfer to a third country exist.
7. Recipients of data and data sources
7.1 Categories of data recipients
Inasmuch as legally permissible, we will pass personal data on to external service providers:
- credit agencies and scoring providers for credit reports to assess the credit risk.
- credit institutes and providers of payment services for invoices and payment settlements.
- IT service providers to maintain our IT infrastructure.
- collection agencies and lawyers in order to collect receivables and assert claims in court. If in the course of collection proceedings personal data are transmitted to a collection agency we will advise you in advance of the intended transfer.
7.2 Data sources
We will process personal data which we have collected in the course of our business relations. Inasmuch as required for the performance of our service, we will process personal data which we lawfully acquire from publicly accessible sources (lists of debtors, land registers, trade registers and registers of associations, press, Internet) or which are lawfully transmitted to us by other third parties (a credit agency or address service provider).
8. Length of data retention and criteria for determining the length
We will retain your data for the term of the existing Agreement as well as after the term of the Agreement with you until the completion of the company tax audit of the last calendar year in which you were our client. When legal retention periods exist, we are obligated to store the data until the end of the respective periods. After the expiration of our legal retention obligations, which are predominantly imposed by trade and tax law (especially sections 147 German Tax Code and 257 German Commercial Code (HGB)), we erase these data.
We only retain your data for promotional purposes until you object to their use or withdraw your consent, or promotion is legally no longer permissible. We retain your other data as long as we need them to fulfill their specific purpose (e.g. the performance or execution of a contract) and erase them once that purpose no longer exists.
9. Processing of personal data on our Web pages
a) Access data / server log data
Avantgarde collects data every time its website is accessed (so-called server log files). The following data or categories of data may be collected:
- name of website accessed
- date and time of access
- type and version of browser
- user’s operating system
- referrer URL (the website visited previously)
- IP address
Avantgarde uses these data solely for statistical purposes and for the technical improvement of its website.
b) Establishing contact
When a user contacts Avantgarde, his or her information is stored in order to process the pertinent query and any follow-up questions. The user provides these data voluntarily.
Cookies are text files which allow for the placement of device-specific information in the operating system used. This information may be used to store the user’s settings for future visits to the website, perform website functions and collect information on the type of website use in order to further improve the website.
If you wish to prevent the placement of cookies, all standard browsers offer options to block and erase cookies. However, blocking cookies may prevent you from being able to use the website or all its features.
d) Google Analytics
This website uses Google Analytics, a Web analysis service of Google Inc. (‘Google’). Google Analytics uses so-called ‘cookies’, text files which are stored on the users’ computer and make it possible to analyse the way they use the website. The information generated by the cookie concerning the use of the website by the users is generally sent to a server of Google in the USA and stored there. The IP address is anonymised prior to the transfer via the function “_anonymizelp’ or ‘ga(‘set’, ‘anonymizeIp’, true)”.
Within the scope of Google Analytics, Google will not link your IP address to other data stored by Google. The users may prevent the storage of the cookies by making the appropriate settings in their browser software; however, we wish to point out that in this case they may not be able to make full use of all the features of this website. The users can moreover prevent the collection of the data which were generated by the cookie and which concern their use of the website (incl. their IP address) and their processing by Google by downloading and installing the browser plug-in that is available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de
Further information concerning data privacy and the way Google Analytics works is available at http://www.google.com/analytics/terms/de.html.
10. Information concerning the rights of data subjects
Avantgarde Gesellschaft für Kommunikation mbH, Atelierstrasse 10, 81671 Munich, is in charge of the processing of your data unless otherwise noted. You may at any time request information from us about the data retained about you and demand their rectification if they are incorrect. Furthermore you may demand that the dissemination of the data provided by you be limited, that we transfer them in a machine-readable format or that they are erased if they are no longer needed.
Moreover you have the right to object at any time to the use of your data which are based on public or legitimate interests.
Inasmuch as we process your data on the basis of your consent, you can withdraw this consent at any time with effect for the future. We will no longer process your data for the purposes stated in connection with your consent from the time we receive your objection. Please submit your withdrawal or an objection to advertising to:
Avantgarde Gesellschaft für Kommunikation mbH
11. Right of lodging a complaint with a supervisory authority
You are moreover always free to submit a complaint to a supervisory authority. In our case the competent authority is Bayerisches Landesamt für Datenschutzaufsicht, Postfach 606, 91511 Ansbach. Alternatively you may contact your local supervisory authority.