Privacy Policy

We are delighted by your interest in our company. Data protection is of particularly high priority for the management of PrimeBrand Solutions Dr. André Möllersmann. Use of our websites is generally possible without providing any personal data. Should a data subject wish to use particular services offered by our company via our website, processing of personal data may become necessary. Where such processing is required and no legal basis exists for it, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the national data protection provisions applicable to PrimeBrand Solutions Dr. André Möllersmann. By means of this privacy policy we wish to inform the public about the nature, scope and purpose of the personal data we collect, use and process, and to inform data subjects of the rights to which they are entitled.

As the controller, PrimeBrand Solutions Dr. André Möllersmann has implemented numerous technical and organisational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, internet-based data transmissions can in principle contain security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

This privacy policy uses the terminology employed by the European legislator when adopting the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our clients and business partners. To ensure this, we would like to explain the terms used.

a) Personal data

Personal data means any information relating to an identified or identifiable natural person (the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

b) Data subject

Data subject means any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing

Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of processing

Restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future.

e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

f) Pseudonymisation

Pseudonymisation means the processing of personal data in such a manner that the data can no longer be attributed to a specific data subject without the use 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.

g) Controller

Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

h) Processor

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i) Recipient

Recipient means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

j) Third party

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

k) Consent

Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

The controller for the purposes of the GDPR, other data protection laws applicable in Member States of the European Union and other provisions related to data protection is:

3. Cookies

The websites of PrimeBrand Solutions Dr. André Möllersmann use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID, a unique identifier consisting of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other browsers containing other cookies. A particular browser can be recognised and identified via its unique cookie ID.

Through the use of cookies, PrimeBrand Solutions Dr. André Möllersmann can provide users of this website with more user-friendly services that would not be possible without cookies. Cookies allow the information and offers on our website to be optimised with the user in mind. As mentioned, cookies enable us to recognise users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, a user of a website that uses cookies does not have to re-enter access data on every visit, because this is handled by the website and the cookie stored on the user’s computer system.

The data subject may prevent the setting of cookies by our website at any time by means of a corresponding setting in the internet browser used, and may thus permanently object to the setting of cookies. Furthermore, cookies already set can be deleted at any time via the browser or other software programmes. This is possible in all common internet browsers. If the data subject deactivates the setting of cookies in the browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

Each time the website is accessed by a data subject or an automated system, a series of general data and information is collected and stored in the server log files. The following may be recorded: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (referrer), (4) the sub-pages accessed on our website, (5) the date and time of access, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information used to avert danger in the event of attacks on our information technology systems.

When using this general data and information, PrimeBrand Solutions Dr. André Möllersmann draws no conclusions about the data subject. This information is required in order to (1) deliver the content of our website correctly, (2) optimise the content of our website and the advertising for it, (3) ensure the long-term operability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is evaluated statistically and with the aim of increasing data protection and data security within our company, so as to ensure an optimum level of protection for the personal data we process. The anonymous data in the server log files is stored separately from any personal data provided by a data subject.

5. Registration on our website

Data subjects have the option of registering on the controller’s website by providing personal data. Which personal data is transmitted to the controller in this process is determined by the respective input mask used for registration. The personal data entered is collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be passed on to one or more processors, for example a parcel service provider, who likewise uses the personal data exclusively for internal purposes attributable to the controller.

Upon registration, the IP address assigned by the data subject’s internet service provider, as well as the date and time of registration, are also stored. This data is stored because it is the only way to prevent misuse of our services and, where necessary, to enable criminal offences to be investigated. In this respect, storage of this data is necessary to protect the controller. This data is not passed on to third parties as a matter of principle, unless there is a statutory obligation to do so or the disclosure serves criminal prosecution.

Registration with voluntary provision of personal data enables the controller to offer the data subject content or services that, by their nature, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time, or to have it completely deleted from the controller’s data records.

The controller shall at any time provide information upon request to each data subject as to what personal data is stored about them. Furthermore, the controller shall correct or erase personal data at the request or indication of the data subject, insofar as no statutory retention obligations conflict with this.

6. Newsletter subscription

Users are offered the opportunity to subscribe to our company newsletter. Which personal data is transmitted to the controller when ordering the newsletter is determined by the input mask used for this purpose.

PrimeBrand Solutions Dr. André Möllersmann informs clients and business partners at regular intervals by newsletter about the company’s offerings. The newsletter can generally only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter. For legal reasons, a confirmation email is sent using the double opt-in procedure to the email address first entered for newsletter dispatch. This confirmation email serves to verify whether the owner of the email address has authorised receipt of the newsletter.

When registering for the newsletter, we also store the IP address assigned by the internet service provider of the computer system used by the data subject at the time of registration, as well as the date and time of registration. Collecting this data is necessary in order to be able to trace any possible misuse of a data subject’s email address at a later date, and therefore serves the legal protection of the controller.

Personal data collected as part of newsletter registration is used exclusively for sending our newsletter. Subscribers may also be informed by email where this is necessary for the operation of the newsletter service or for the corresponding registration, as could be the case in the event of changes to the newsletter offering or to technical circumstances. Personal data collected as part of the newsletter service is not passed on to third parties. The subscription can be cancelled by the data subject at any time. Consent to the storage of personal data given for newsletter dispatch may be revoked at any time. A corresponding link for revoking consent can be found in every newsletter. It is also possible to unsubscribe directly on the controller’s website at any time, or to notify the controller by other means.

7. Newsletter tracking

The newsletters of PrimeBrand Solutions Dr. André Möllersmann contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format in order to enable log file recording and analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. On the basis of the embedded tracking pixel, PrimeBrand Solutions Dr. André Möllersmann can identify whether and when an email was opened by a data subject, and which links contained in the email were accessed.

Such personal data collected via the tracking pixels contained in the newsletters is stored and evaluated by the controller in order to optimise newsletter dispatch and to tailor the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent issued via the double opt-in procedure. Following revocation, this personal data will be erased by the controller. Unsubscribing from the newsletter is automatically interpreted as a revocation.

8. Contact option via the website

Due to statutory requirements, the website contains information enabling rapid electronic contact with our company and direct communication with us, which also includes a general email address. Where a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject is stored automatically. Such personal data transmitted on a voluntary basis is stored for the purposes of processing the enquiry or contacting the data subject. This personal data is not passed on to third parties.

9. Blog comment function

PrimeBrand Solutions Dr. André Möllersmann offers users the opportunity to leave individual comments on individual blog posts on a blog located on the controller’s website. A blog is a portal maintained on a website, generally publicly accessible, in which one or more persons may post articles or thoughts in so-called blog posts. Blog posts can generally be commented on by third parties.

If a data subject leaves a comment on the blog published on this website, the comments left by the data subject are stored and published, along with information on the time of the comment entry and the user name (pseudonym) chosen by the data subject. In addition, the IP address assigned by the data subject’s internet service provider is logged. This storage of the IP address takes place for security reasons and in case the data subject infringes the rights of third parties or posts unlawful content through a comment. Storage of this personal data therefore takes place in the controller’s own interest, so that the controller could exculpate itself in the event of an infringement. This collected personal data is not passed on to third parties unless such disclosure is required by law or serves the controller’s legal defence.

10. Subscription to blog comments

Comments made on the blog may in principle be subscribed to by third parties. In particular, a commenter has the option of subscribing to comments following their own comment on a particular blog post.

If a data subject opts to subscribe to comments, the controller sends an automatic confirmation email in order to verify, using the double opt-in procedure, whether the owner of the email address provided actually chose this option. The option to subscribe to comments can be terminated at any time.

11. Routine erasure and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or where provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

If the purpose of storage no longer applies, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with statutory provisions.

12. Rights of the data subject

a) Right of confirmation

Each data subject has the right to obtain confirmation from the controller as to whether personal data concerning him or her is being processed. To exercise this right, the data subject may contact the controller at any time.

b) Right of access

Each data subject has the right to obtain from the controller, free of charge and at any time, information about the personal data stored concerning him or her and a copy of that information. Furthermore, the data subject has the right to be informed about the following:

• the purposes of the processing
• the categories of personal data being processed
• the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations
• where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
• the existence of the right to request rectification or erasure of personal data, or restriction of processing, or to object to such processing
• the existence of the right to lodge a complaint with a supervisory authority
• where the personal data are not collected from the data subject: any available information as to their source
• the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved as well as the significance and envisaged consequences of such processing for the data subject

The data subject also has the right to be informed whether personal data has been transferred to a third country or to an international organisation. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

c) Right to rectification

Each data subject has the right to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

d) Right to erasure (right to be forgotten)

Each data subject has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, where one of the following grounds applies and insofar as the processing is not necessary:

• the personal data are no longer necessary for the purposes for which they were collected or otherwise processed
• the data subject withdraws consent on which the processing is based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR and there is no other legal ground for the processing
• the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects pursuant to Article 21(2) GDPR
• the personal data have been unlawfully processed
• erasure is required for compliance with a legal obligation under Union or Member State law to which the controller is subject
• the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR

Where one of the above grounds applies and a data subject wishes to arrange for the erasure of personal data stored by PrimeBrand Solutions Dr. André Möllersmann, he or she may contact the controller at any time. The request for erasure will be complied with without undue delay.

Where personal data has been made public and the controller is obliged to erase it pursuant to Article 17(1) GDPR, the controller shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure of any links to, or copies or replications of, that personal data, insofar as the processing is not required.

e) Right to restriction of processing

Each data subject has the right to obtain from the controller restriction of processing where one of the following applies:

• the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the data
• the processing is unlawful and the data subject opposes erasure and requests restriction of use instead
• the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims
• the data subject has objected to processing pursuant to Article 21(1) GDPR pending verification of whether the legitimate grounds of the controller override those of the data subject

f) Right to data portability

Each data subject has the right to receive the personal data concerning him or her which he or she has provided to a controller in a structured, commonly used and machine-readable format. He or she also has the right to transmit that data to another controller without hindrance, where the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority.

Furthermore, in exercising the right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another where technically feasible and provided this does not adversely affect the rights and freedoms of others.

g) Right to object

Each data subject has the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

In the event of an objection, PrimeBrand Solutions Dr. André Möllersmann will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defence of legal claims.

Where personal data is processed for direct marketing purposes, the data subject has the right to object at any time to processing for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her carried out for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

h) Automated individual decision-making, including profiling

Each data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

Where the decision is necessary for entering into or performing a contract, or is based on explicit consent, PrimeBrand Solutions Dr. André Möllersmann implements suitable measures to safeguard the data subject’s rights, freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.

i) Right to withdraw consent

Each data subject has the right to withdraw consent to the processing of personal data at any time. To exercise this right, the data subject may contact the controller at any time.

13. Data protection in applications and the application process

The controller collects and processes the personal data of applicants for the purposes of handling the application process. Processing may also take place electronically. This is the case in particular where an applicant submits application documents electronically, for example by email or via a web form on the website. If the controller concludes a contract of employment with an applicant, the transmitted data is stored for the purposes of handling the employment relationship in compliance with statutory provisions. If no contract of employment is concluded, the application documents are automatically erased two months after notification of the rejection decision, provided no other legitimate interests of the controller conflict with erasure. Another legitimate interest in this sense is, for example, a burden of proof in proceedings under the German General Equal Treatment Act (AGG).

14. Legal basis for processing

Article 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific purpose. If processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case for processing operations necessary for the supply of goods or the provision of any other service, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures, for example in the case of enquiries about our products or services. Where our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, processing is based on Article 6(1)(c) GDPR. In rare cases, processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person; processing would then be based on Article 6(1)(d) GDPR. Finally, processing operations may be based on Article 6(1)(f) GDPR. This legal basis covers processing operations not covered by any of the aforementioned legal bases, where processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overriding. Such processing operations are permitted in particular because they were specifically mentioned by the European legislator, who took the view that a legitimate interest could be assumed where the data subject is a client of the controller (Recital 47, sentence 2 GDPR).

15. Legitimate interests pursued by the controller or a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

16. Duration for which personal data is stored

The criterion for the duration of storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data is routinely erased, provided it is no longer required for the performance or initiation of a contract.

17. Statutory or contractual provisions on the provision of personal data

We would like to inform you that the provision of personal data is in part required by law (for example tax regulations) or may result from contractual provisions (for example information about the contracting party). At times it may be necessary for the conclusion of a contract that a data subject provides us with personal data which must subsequently be processed by us. The data subject is obliged, for example, to provide us with personal data when our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before providing personal data, the data subject may contact us; we will explain on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of failing to provide it.

18. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.