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Data protection

We are very pleased that you are interested in our company and the services we offer. The website for the pretest tool kvest.com is operated by EARSandEYES GmbH (hereafter referred to as “EARSandEYES”, “we” and “us”).

Our business success is based on the responsible handling of the data from our relationship with customers, business partners and respondents. In order to ensure the highest possible level of transparency and security, the following Data Privacy Notice will explain what data we collect on this website and for what purposes, how we protect this data and what rights and possibilities you have of protecting your data.

1. Basic information on the protection of your data by kvest (EARSandEYES)

We adhere strictly to the legal requirements concerning the protection of personal data and as a market research agency we undertake to comply with the quality standards of the professional bodies (BVM, ADM, ESOMAR).

We use all the latest technical and a wide range of organisational security measures in order to protect your data.

Nature and scope of data processing:
On principle, we only process the personal data of our users to the extent that this is necessary in order to provide an operational website and to offer our content and services. Personal data is any data that could be used to identify you as an individual.

When you visit our website, our IT systems will also automatically collect technical data and they may store data (“cookies”) on your computer that will make it easier for you to use our service. You can prevent cookies from being stored by adjusting the settings of your web browser (for further details, see 4. “Use of cookies” and 7. “Use of third-party cookies and functionality”).

Other data is collected when you provide it to us voluntarily. Individual services offered on this website, e.g. opening an account in order to use our pretest tool, using contact forms and subscribing to our newsletter, require you to supply specific personal data so that we can provide the respective service to you.

All the data collected is explained individually within this Data Privacy Notice.

We will never knowingly collect the personal data of individuals below the age of 16 without the consent of their legal guardians. We ask individuals below the age of 16 not to transmit any personal data to us without the consent of their legal guardians.

Use and sharing of data:
Personal data is stored and processed exclusively for the stated purpose.

We will only share your personal data with third parties if this is necessary for the performance of the contract (e.g. sharing data with the bank transacting payments) or if we are obliged to do so by the law or by a court order. In such cases, the scope of the data shared is however limited to the necessary minimum. The data will not be shared more extensively unless you have specifically consented to the transmission of your data. Your data will not be passed on to any third parties, for example for advertising purposes.

We retain the right to share your personal data with authorities who are entitled to receive that information even without your consent provided this is necessary in order to protect ourselves against attacks that constitute a criminal offence or that have the potential to impair or eliminate the functionality of our web offer.

Erasure of data:
We will only store your personal data for as long as is necessary. If the purpose for which the information has been collected ceases to exist, or if you so request, we will erase your personal data stored by us, or else restrict its further processing.

If the erasure of the data is prevented by statutory retention periods (e.g. duties under commercial or tax laws), the data will be stored as required but made unavailable for other purposes. Once the retention period has ended, the data will be erased unless the continued storage of the data is necessary in order to conclude or fulfil a contract.

2. Controllers and data protection officers

If you have any questions, we will be happy to help.

The controller responsible for collecting and processing your personal data on this website is EARSandEYES GmbH, represented by Susanne Maisch and Frank Lüttschwager, Oberstraße 14 B, 20144 Hamburg, Tel.: +49 40 822 240 0, e-mail: info@earsandeyes.com.

The controller is the natural or legal person who determines, alone or jointly with others, the purposes and means of the processing of personal data.

Data protection officer:
We have appointed a data protection officer for our company, as required by the law.

Ulrike Spanknöbel
Oberstraße 14 B
20144 Hamburg
Tel.: +49 40 822 240 0
e-mail: info@earsandeyes.com

3. Your rights

Right to request access, rectification, blocking and erasure: Within the existing legal regulations, you have the right to request access to the personal data we have stored about you at any time free of charge, including its origin, recipients and the purpose of data processing, and where applicable the right of rectification of incorrect data, restricting the processing or erasing the personal data pertaining to you.

Right of withdrawal:
You can contact us at any time in order to withdraw any consent you may have given us. The lawfulness of processing any data that may occur up until consent has been withdrawn shall remain unaffected by such withdrawal.

Right to object:
You are entitled to object to the future processing of your personal data at any time in line with the legal requirements. In particular, such objection can be raised against processing the data for the purpose of direct marketing.

Right to data portability:
You have the right to receive any data that we process automatically, based on your consent or the fulfilment of a contract, in a common machine-readable format, or to have it delivered to a third party. If you require the data to be transmitted directly to some other controller, this will only be done to the extent that it is technically feasible.

Exercising your rights:
To do this, or if you have any further questions about data protection issues, please contact us by e-mail or by post at one of the above addresses. If you believe that your data protection rights are being infringed upon by this website, please contact us in order to sort out and rectify the situation.

Right to lodge a complaint:
In case of a violation of your data protection rights, you have the right to lodge a complaint with the competent supervisory authority. The competent supervisory authority for data protection issues is the State Data Protection Officer of the federal state in which our company is based: Hamburg. A list of the data protection officers and their contact details can be found by following this link:

https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

4. Collection and use of data

Automatic recording of access data:
When you access this website, the provider hosting the site will collect and store information that is automatically transmitted by your browser in so-called server log files. This includes:

  • Type and version of browser
  • Operating system used
  • Device used
  • Pages and content visited
  • Volume of data transmitted
  • Referring website (Referrer URL)
  • Date and time of your access
  • Host name of accessing computer (IP address)

The log files are stored in order to ensure the functionality of the website. Furthermore, this data is only ever used by us in an aggregate form for the statistical analysis and optimisation of our website. The data is not linked to any other data sources and can therefore not be assigned to a specific individual.

The processing of the data is based on Article 6(1)(b) GDPR, which permits data to be processed if this is necessary for the performance of a contract or in order to take steps prior to entering into a contract.

Customer details and details of contract for the performance of a service:
We collect, process and use personal data only to the extent that this is necessary for the creation, development or modification of a legal relationship (inventory data). We only collect, process and use personal data on the utilisation of our web pages (usage data) to the extent that this is necessary in order to offer you the service or to charge you for it.

When you open an account (which is necessary in order to use the kvest pretest tool) and when drawing up your invoice in the event of a contract being concluded, we store the following data:

Account details

  • First and last names
  • Telephone number
  • e-mail address
  • Name of company (if provided)
  • Position (if provided)

Invoice details

  • First and last names
  • Invoicing address (Street, No., Post Code, City, Country)
  • Telephone number
  • Payment details
  • Name of company (if provided)
  • VAT Reg. No. (if provided)
  • Additional details (if provided)

Without your consent, we will not share your account details with anyone else. We will only share your account details with third parties if this is necessary for the performance of the contract, e.g. sharing data with the bank transacting payments. In such cases, the scope of the data shared is however limited to the necessary minimum. Your personal data will not be shared more extensively, unless you have specifically consented to the transmission of your data.

The data will remain in our keeping until you demand its erasure, withdraw your consent to its storage, or until the purpose for which the data is stored ceases to exist. If the data is necessary for the performance of a contract or in order to take steps prior to entering into a contract, the premature erasure of the data is only possible if no contractual or statutory obligations prevent its erasure. The customer data collected will be erased once the business relationship has been terminated. Compulsory statutory requirements – in particular retention periods – shall not be affected by this.

The collection and processing of the data is based on Article 6(1)(a) GDPR (consent given when opening an account) and Article 6(1)(b) GDPR, which permits data to be processed if this is necessary for the performance of a contract or in order to take steps prior to entering into a contract. You can withdraw your consent at any time with effect for the future. To do so, simply notify us informally by e-mail.

Payment transactions on this website:
If after concluding a contract for a paid service you are obliged to transmit your payment details to us (e.g. credit card number), this data is required in order to collect the payment. Payment transactions are carried out exclusively by means of an encrypted SSL or TLS connection.

PayPal: We collaborate with PayPal in order to conduct certain financial transactions (payment by credit card, PayPal). This payment service is provided by PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

If you select PayPal as your payment method, the payment details you provide will be sent to PayPal. The provider of this service reserves the rights to conduct a credit screening of users for certain types of payment. Details about how user data is handled can be found in PayPal’s data privacy declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

The transmission of your data to PayPal is based on Article 6(1)(b) GDPR (processing for the performance of a contract).

Data transmission via the contact form:
You can contact us via the contact form on our website or via our e-mail address. Unless otherwise agreed, the data transmitted by you by either of these means (e.g. name, e-mail address, application documents) are stored and used by us exclusively in order to process your enquiry and in case of there being any follow-up questions. Without your consent, we will not share this data with anyone else. You are entitled to object to the storage of your personal data at any time. In such cases, the conversation cannot be continued.

The data will remain in our keeping until you demand its erasure or until the purpose of storing the data ceases to exist. Compulsory statutory requirements – in particular retention periods – shall not be affected by this.Similarly, contractual obligations shall remain unaffected provided the data is necessary for the performance of a contract or in order to take steps prior to entering into a contract.

The processing of the data transmitted when you get in touch with us is based on Article 6(1)(f) GDPR. The website operator has a legitimate interest in allowing the user to get in touch and obtain advice. If the purpose of getting in touch is to enter into a contract, then the processing of the data is further based on Article 6(1)(b) GDPR (processing for the performance of a contract or in order to take steps prior to entering into a contract).

Newsletter details:
You can download documents (e.g. study results, white papers or guidelines) from our website. As a rule, it is necessary to register for our e-mail newsletter in order to obtain such materials. Our free newsletter will inform your at least once a month about our activities, current studies and other topics pertaining to market research. You can also register for the newsletter via the corresponding forms without requesting a download.

In order to register for our newsletter, you will need to provide a valid e-mail address as well as information that allows us to confirm that you are the owner of the given e-mail address and that you consent to receiving our e-mails (“double opt-in procedure”). At the same time, we will store your current IP address together with the date and time at which you registered, in case of the misuse of your data or unauthorised access. No further data is collected, or else only on a voluntary basis. This data is used exclusively for the stated purpose, i.e. for sending you the newsletter and any downloadable documents you have requested, and will not be shared with any third party without your consent.

Use of the distribution service CleverReach:
We use CleverReach for the subscription to and distribution of newsletters and downloadable documents. CleverReach is a service that allows the distribution of newsletters to be organised and analysed. The service is provided by CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede.

The data transmitted by you (e.g. e-mail address) when requesting a download or subscribing to the newsletter is stored on the servers of CleverReach in Germany or Ireland.

Your data is stored by us until you unsubscribe from our newsletter, and after unsubscribing it will be erased both from our servers and from the servers of CleverReach. For further information, please consult the data privacy statement of CleverReach at:
https://www.cleverreach.com/de/datenschutz/.

Note: In certain situations, e.g. when the newsletter is opened in a browser, we will redirect the recipients of the newsletter to web pages operated by CleverReach. In this connection, we would like to point out that the web pages of CleverReach may use web analysis tools over whose data collection we have no control.

Receiving personalised content:
When you register for the newsletter, you have the option of additionally consenting to receiving personalised content. By giving your consent, you allow us to collect and analyse certain data concerning our newsletter offer. This data includes:

  • the newsletter e-mails opened by you
  • time opened
  • e-mail client used
  • links clicked on in the newsletter e-mails
  • where applicable, the actions taken after clicking on our website (e.g. downloads)

The data collected allows us to tailor the contents of our newsletter to your individual interests. This information is largely processed automatically. It is not passed on to any third parties.

Note: Even if you have not given your consent to receiving personalised content, CleverReach may be technically able to determine certain features of your usage behaviour concerning the receipt of the newsletter. We have no influence on this.

Additional information on the analysis of your data through the CleverReach newsletter is available at:
https://www.cleverreach.com/de/funktionen/reporting-und-tracking/.

Unsubscribing from newsletter (withdrawing consent):
If you want to prevent any data analysis whatsoever by CleverReach, you must unsubscribe from our e-mail newsletter. Each newsletter from us contains a suitable link that allows you to do this. Alternatively, you can withdraw your consent to receive the newsletter or for data to be collected for the provision of personalised contents at any time free of charge by sending an informal e-mail to us or by sending us a message via our contact form.

The processing of the data entered into the newsletter subscription form is based on your consent (Article 6(1)(a) GDPR). The processing of the data for distributing personalised content is based on your additional consent (Article 6(1)(a) GDPR).

If you purchase services on our website, your e-mail address may be used by us to send you a newsletter. In such cases, the newsletter is used exclusively for the direct marketing of our own, similar services. The legal basis for distributing the newsletter after selling you goods or services is § 7(3) UWG (Law against Unfair Competition). You can object to receiving direct marketing at any time by sending us an informal e-mail.

External processing of data: We have entered into a contract with CleverReach to process personal data on our behalf, and we comply fully with the strict requirements made by the German data protection authorities in using the services of CleverReach.

Use of cookies:
This website uses so-called “cookies”. Cookies are small text files that are stored on your computer by your browser. Cookies do not do any harm to your computer and contain no viruses. Cookies allow website visitors to enjoy a more individual presentation and make our offer more user-friendly, more effective and safer.

Most of the cookies used by us are so-called “session cookies”. This means that when you leave our website and close your browser these cookies are normally deleted. Other cookies remain on your device until you yourself delete them. These cookies allow us to recognise your browser the next time you visit our site.

You can set your browser to inform you when cookies are saved, so that you can permit cookies on a case-by-case basis, you can stop cookies from being accepted altogether, or you can activate the automatic deletion of cookies when you close the browser. However, if you do this our website may no longer offer you its full functionality. For information about the cookie settings of your browser, please consult the help or information pages of your browser.

Cookies that are necessary in order to carry out the electronic communication process of certain functions requested by you are stored based on Article 6(1)(f) GDPR. The website operator has a legitimate interest in storing cookies in order to offer his services in a technically flawless and optimised way.

To analyse visits to our website and optimise our offer, we use the services of other companies on our website, whereby so-called “third-party cookies” are stored by them. These are dealt with separately in this Data Protection Notice under “Use of third-party cookies and functionality”. We would like to point out that you can manage many online advertising cookies used by companies via the following websites:
http://www.youronlinechoices.com/de (for the European area) and
http://www.aboutads.info/choices/ (USA).

5. Organisational and technical safety precautions

We treat your personal data with strict confidentiality and in accordance with the current data protection regulations, as well as this Data Privacy Notice. All our employees have committed themselves to confidentiality. Permissions to access internal applications are restricted to the immediate needs of the individual departments; access requires individual authentication.

Our safety precautions are state-of-the-art and comply with high, recognised industry standards. Our servers are located in Germany and are subject to the strict German standards for data protection and security.

To prevent the data you wish to transmit to us (e.g. via the contact form) from being intercepted by third parties, we have activated TLS encryption on our website. You can recognise an encrypted connection by the “https://” and the padlock symbol in your browser’s address field. Nevertheless, we would like to point out that transmitting data over the Internet (e.g. when communicating by e-mail) can be subject to security vulnerabilities. It is not possible to protect your data entirely from being accessed by third parties.

6. Links to other websites

Our website contains links to other websites, to which this Data Privacy Notice does not extend. The linked external sites have their own data privacy guidelines and procedures, and we have no control over these.

Social media:
Our website contains links to the services of the social networks Google+, LinkedIn, Twitter and Xing. We have not embedded the social plug-ins of these service providers, which means that no data is sent to the social media providers when you visit our website. Only when you click on the links or linked images will your data be transmitted to the service provider in question and stored there. If you do not want a social media provider with whom you are registered to collect data about you and link it to your membership data, please log out of your social media account before clicking on the social media link. Further information on the collection, processing and use of your data, as well as your rights and the means of protecting your data, may be found in the data privacy statements of the respective social media providers.

7. Use of third-party cookies and functionality

Web analysis using Google Analytics:
This website uses functions provided by the web analysis service Google Analytics. These are offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

Google Analytics uses cookies. These are small text files that are stored on your computer by your browser. The information generated by cookies concerning your use of this website is as a rule transmitted to a Google server in the USA and stored there. Google uses this information on behalf of EARSandEYES in order to analyse your use of the website, compile reports about website activities, and to provide further services to the website operator connected with the use of the website and of the Internet.

IP anonymisation: We have activated the IP anonymisation function for this website. This means that your IP address will be truncated by Google within EU member states or other countries that are signatories to the agreement on the European Economic Area, before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. According to Google, the IP address transmitted by your browser is not collated with other Google data in the context of Google Analytics.

Preventing data collection by Google Analytics: You can in principle prevent cookies from being stored by making the necessary setting in your browser software. However we should point out that in such cases you may not be able to enjoy the full functionality of this website. Beyond this, you can prevent the data generated by Google Analytics cookies and referring to your use of the website (incl. your IP address) from being sent to Google and from being processed by Google by downloading and installing the browser plug-in available via the following link: http://tools.google.com/dlpage/gaoptout?hl=de

Objecting to the collection of data: You can prevent data from being collected by Google Analytics by clicking the following link: Deactivate Google Analytics. This will set a cookie that prevents your data from being collected during future visits to this website: Deactivate Google Analytics. This is the recommended procedure when viewing this website on mobile devices. Please note that you will have to object to the collection of your data again whenever you delete the cookies from your browser.

Further information about the way user data is used by Google Analytics may be found at
https://support.google.com/analytics/answer/6004245?hl=de and at
http://www.google.de/intl/de/policies/privacy/.

The storage of Google Analytics cookies is based on Article 6(1)(f) GDPR. The website operator has a legitimate interest in analysing the behaviour of its users, both to optimise his web offer and his advertising.

External processing of data: We have entered into a contract with Google to process data on our behalf, and we comply fully with the strict requirements imposed by the German data protection authorities in using the services of Google Analytics.

Videos offered by YouTube:
Our website uses plug-ins provided by the website YouTube, which is operated by Google. This website is operated by YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

EARSandEYES uses the so-called “extended data protection mode” for embedding the videos. According to YouTube, this means that a connection with YouTube servers is only established and information about the visit to the website is only transmitted once the user actually plays the video. If you play the video and are logged into your YouTube account, YouTube will be able to associate your surfing habits directly with your personal account. You can prevent this by logging out of your YouTube account.

Further information about the use of your user data may be found in YouTube’s data privacy statement at: https://www.google.de/intl/de/policies/privacy.

We use YouTube for the sake of an appealing presentation of our online services. This is a legitimate interest within the meaning of Article 6(1)(f) GDPR.

8. Updating

Our data privacy notice may change as a result of legal requirements or the ongoing development of our website and new services, technical procedures and data protection measures that may result from this. We therefore reserve the right to adapt our Data Privacy Notice at any time to reflect those changes. In this case, we will inform you of such changes in this place, possibly by e-mail or else by a notice on our website. The current version reflects the status of May 2018.

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