Information on the use of the marketmind GmbH website

Security measures

In accordance with the statutory requirements, taking into account the state of the art, implementation costs, and the nature, scope, circumstances, and purposes of processing, as well as the varying likelihood and severity of risks to the rights and freedoms of natural persons, we implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.

These measures include, in particular, safeguarding the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data, as well as access, input, disclosure, ensuring availability, and separation of data. Furthermore, we have established procedures that ensure the exercise of data subject rights, the deletion of data, and responses to threats to data. In addition, we take the protection of personal data into account as early as the development and/or selection of hardware, software, and procedures, in accordance with the principle of data protection by design and by default.

Securing online connections using TLS/SSL encryption technology (HTTPS): To protect user data transmitted via our online services from unauthorized access, we use TLS/SSL encryption technology. Secure Sockets Layer (SSL) and Transport Layer Security (TLS) are the cornerstones of secure data transmission on the internet. These technologies encrypt the information transmitted between the website or app and the user's browser (or between two servers), thereby protecting the data from unauthorized access. TLS, as the more advanced and more secure version of SSL, ensures that all data transmissions meet the highest security standards. If a website is secured by an SSL/TLS certificate, this is indicated by the display of HTTPS in the URL. This serves as an indicator to users that their data is transmitted securely and in encrypted form.

Use of cookies

The term "cookies" refers to functions that store information on users' end devices and read it from them. Cookies may also be used for various purposes, such as ensuring functionality, security, and convenience of online services, and for creating analyses of visitor traffic. We use cookies in accordance with statutory provisions. Where required, we obtain users' consent in advance. If consent is not required, we rely on our legitimate interests. This applies where storing and reading information is essential in order to provide content and functions expressly requested. This includes, for example, saving settings and ensuring the functionality and security of our online offering. Consent can be withdrawn at any time. We clearly inform you about its scope and which cookies are used.

Notes on the legal bases under data protection law: Whether we process personal data by means of cookies depends on consent. If consent has been given, it serves as the legal basis. Without consent, we rely on our legitimate interests, which are explained above in this section and in the context of the respective services and procedures.

Storage period: With regard to storage duration, the following types of cookies are distinguished:

• Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user leaves an online offering and closes their end device (e.g. browser or mobile application).
• Persistent cookies: Persistent cookies remain stored even after the end device is closed. For example, the login status can be saved and preferred content can be displayed directly when the user visits a website again. Likewise, user data collected using cookies may be used for reach measurement. Unless we provide users with explicit information about the type and storage duration of cookies (e.g. when obtaining consent), users should assume that cookies are persistent and that the storage duration may be up to two years.

General notes on withdrawal and objection (opt-out): Users can withdraw any consent they have given at any time and can also object to processing in accordance with statutory requirements, including via their browser's privacy settings.

• Types of data processed: Meta, communication, and procedural data (e.g. IP addresses, time information, identification numbers, persons involved).
• Data subjects: Users (e.g. website visitors, users of online services).
• Legal bases: Legitimate interests (Art. 6(1) sentence 1 lit. f GDPR). Consent (Art. 6(1) sentence 1 lit. a GDPR).

Processing of cookie data on the basis of consent: We use a consent management solution to obtain users' consent for the use of cookies or for the procedures and providers named within the consent management solution. This procedure serves to obtain, record, manage, and withdraw consent, in particular with regard to the use of cookies and comparable technologies used to store, read, and process information on users' end devices. Within the scope of this procedure, users' consent is obtained for the use of cookies and the associated processing of information, including the specific processing operations and providers named in the consent management procedure. Users also have the option to manage and withdraw their consent. Consent declarations are stored to avoid repeated requests and to be able to provide proof of consent in accordance with legal requirements. Storage takes place server-side and/or in a cookie (so-called opt-in cookie) or by means of comparable technologies in order to be able to assign the consent to a specific user or their device. Unless specific information is provided regarding the providers of consent management services, the following general information applies: The consent is stored for up to two years. A pseudonymous user identifier is created and stored together with the time of consent, information about the scope of consent (e.g. relevant categories of cookies and/or service providers), and information about the browser, system, and end device used; legal basis: Consent (Art. 6(1) sentence 1 lit. a GDPR).

You have the option below to withdraw your consent:

Contact and inquiry management

When contacting us (e.g. by post, contact form, email, telephone, or via social media) as well as within the scope of existing user and business relationships, the information provided by the inquiring persons is processed insofar as this is necessary to respond to contact inquiries and any requested measures.

• Types of data processed: Inventory data (e.g. full name, residential address, contact details, customer number, etc.); Contact data (e.g. postal and email addresses or telephone numbers); Content data (e.g. text or image messages and posts and the information relating to them, such as authorship or time of creation); Usage data (e.g. page views and dwell time, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions). Meta, communication, and procedural data (e.g. IP addresses, time information, identification numbers, persons involved).
• Data subjects: Communication partners.
• Purposes of processing: Communication; organizational and administrative procedures; feedback (e.g. collecting feedback via online form). Provision of our online offering and user-friendliness.
• Retention and deletion: Deletion in accordance with the information in the section "General information on data storage and deletion".
• Legal bases: Legitimate interests (Art. 6(1) sentence 1 lit. f GDPR). Performance of a contract and pre-contractual inquiries (Art. 6(1) sentence 1 lit. b GDPR).
• Contact form: When contacting us via our contact form, by email, or via other communication channels, we process the personal data transmitted to us in order to respond to and handle the respective request. This typically includes information such as name, contact details, and, where applicable, further information that is communicated to us and is required for appropriate processing. We use this data exclusively for the stated purpose of contacting and communicating; the legal bases are: performance of a contract and pre-contractual inquiries (Art. 6(1) sentence 1 lit. b GDPR), legitimate interests (Art. 6(1) sentence 1 lit. f GDPR).

Newsletter and electronic notifications

We send newsletters, emails, and other electronic notifications (hereinafter "newsletter") exclusively with the recipients' consent or on the basis of a legal provision. If the newsletter contents are described as part of the registration process, these contents are decisive for users' consent. Interested parties have the option to voluntarily subscribe to the marketmind newsletter by providing their data. By ordering the newsletter, you consent to all data provided being processed for advertising purposes in the course of sending the newsletter. For registration for our newsletter, it is normally sufficient to provide your email address. However, in order to provide you with a personalized service, we may ask for your name so that we can address you personally in the newsletter. Registration takes place via a double opt-in process (confirmation of registration via email is required).

Deletion and restriction of processing: You can revoke this consent at any time without giving reasons by clicking the unsubscribe link contained in every newsletter. If you want to change your data, you can use the corresponding "change data" link in the newsletter. We may store unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them, in order to be able to prove consent that was previously given. Processing of this data is restricted to the purpose of potential defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time. In the case of obligations to permanently observe objections, we reserve the right to store the email address solely for this purpose in a suppression list.

The registration procedure is logged on the basis of our legitimate interests for the purpose of proving that it was carried out properly. If we commission a service provider to send emails, this is done on the basis of our legitimate interests in an efficient and secure dispatch system.

• Types of data processed: Inventory data (e.g. full name, residential address, contact details, customer number, etc.); Contact data (e.g. postal and email addresses or telephone numbers). Meta, communication, and procedural data (e.g. IP addresses, time information, open and click behavior, identification numbers, persons involved).
• Data subjects: Communication partners.
• Purposes of processing: Direct marketing (e.g. via email or post).
• Legal bases: Consent (Art. 6(1) sentence 1 lit. a GDPR).
• Right to object (opt-out): You can cancel receipt of our newsletter at any time, i.e., withdraw your consent and/or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can otherwise use one of the contact options given above, preferably email, for this purpose.
• mailworx email marketing: For sending and analyzing our newsletters, we use the eworx Marketing Suite software. The eworx Marketing Suite records open and click behavior. Specifically, the following information is tracked: time of delivery, time of opening, duration of opening, IP address at the time of opening, email program used (mail client), which link was clicked and when the click occurred. This data is processed exclusively within the European Union and is not passed on to third parties. Data processing agreement: provided by the service provider; service provider: eworx Network & Internet GmbH, Hanriederstrasse 25, 4150 Rohrbach-Berg

Web analytics, monitoring and optimization (Google Analytics)

Web analytics (also referred to as "reach measurement") serves to evaluate visitor flows of our online offering and can include behavior, interests, or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of reach analysis, we can, for example, recognize at what time our online offering or its functions or content are used most frequently, or invite users to reuse them. It also enables us to understand which areas require optimization.

In addition to web analytics, we may also use testing procedures to test and optimize different versions of our online offering or its components.

Unless otherwise stated below, profiles (i.e., data combined for a particular usage process) may be created for these purposes and information may be stored in a browser or on an end device and then read out. The information collected includes, in particular, websites visited and elements used there, as well as technical information such as the browser used, the computer system used, and information about usage times. If users have consented to the collection of their location data either to us or to the providers of services we use, location data may also be processed.

In addition, users' IP addresses are stored. However, we use an IP masking procedure (i.e., pseudonymization by shortening the IP address) to protect users. In general, no clear data of users (such as email addresses or names) is stored as part of web analytics, A/B testing, and optimization; instead, pseudonyms are used. This means that neither we nor the providers of the software used know the actual identity of users, but only the information stored in their profiles for the purposes of the respective procedures.

Notes on legal bases: If we ask users for their consent to use third-party providers, the legal basis for data processing is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e., an interest in efficient, economical, and recipient-friendly services). In this context, we also refer you to the information on the use of cookies in this privacy policy.

• Types of data processed: Usage data (e.g. page views and dwell time, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions). Meta, communication, and procedural data (e.g. IP addresses, time information, identification numbers, persons involved).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Reach measurement (e.g. access statistics, recognition of returning visitors); profiles with user-related information (creating user profiles). Provision of our online offering and user-friendliness.
• Retention and deletion: Deletion in accordance with the information in the section "General information on data storage and deletion". Storage of cookies for up to 2 years (unless otherwise stated, cookies and similar storage methods may be stored on users' devices for a period of two years).
• Security measures: IP masking (pseudonymization of the IP address).
• Legal bases: Consent (Art. 6(1) sentence 1 lit. a GDPR). Legitimate interests (Art. 6(1) sentence 1 lit. f GDPR).
• Google Analytics: We use Google Analytics to measure and analyze the use of our online offering on the basis of a pseudonymous user identification number. This identification number does not contain any unique data such as names or email addresses. It is used to assign analysis information to an end device in order to recognize which content users accessed within one or more usage processes, which search terms they used, accessed again, or interacted with our online offering. The time of use and its duration are also stored, as well as the sources of users referring to our online offering and technical aspects of their end devices and browsers. In doing so, pseudonymous user profiles are created with information from the use of different devices, whereby cookies may be used. Google Analytics does not log or store individual IP addresses for EU users. However, Analytics provides coarse geographic location data by deriving the following metadata from IP addresses: city (and the city's derived latitude and longitude), continent, country, region, subcontinent (and ID-based counterparts). For EU traffic, IP address data is used exclusively for this derivation of geolocation data before being immediately deleted. It is not logged, is not accessible, and is not used for any further purposes. When Google Analytics collects measurement data, all IP lookups are performed on EU-based servers before the traffic is forwarded for processing to Analytics servers; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; legal basis: Consent (Art. 6(1) sentence 1 lit. a GDPR); security measures: IP masking (pseudonymization of the IP address)

Presence on social networks (LinkedIn)

We maintain online presences within social networks and, in this context, process user data in order to communicate with users active there or to provide information about us.

We would like to point out that user data may be processed outside the European Union. This may entail risks for users, for example because enforcement of users' rights could be more difficult.

Furthermore, user data within social networks is generally processed for market research and advertising purposes. For example, usage profiles can be created based on users' usage behavior and the interests resulting from it. These profiles may in turn be used to place advertisements within and outside the networks that presumably correspond to users' interests. For this reason, cookies are generally stored on users' computers in which the usage behavior and interests of users are stored. In addition, data may also be stored in the usage profiles regardless of the devices used by users (in particular if they are members of the respective platforms and are logged in there).

For a detailed description of the respective forms of processing and the options for objection (opt-out), we refer to the privacy policies and information provided by the operators of the respective networks.

Also in the case of requests for information and the assertion of data subject rights, we point out that these can be asserted most effectively with the providers. Only they have access to the user data and can directly take appropriate measures and provide information. If you nevertheless require assistance, you can contact us.

• Types of data processed: Contact data (e.g. postal and email addresses or telephone numbers); Content data (e.g. text or image messages and posts and the information relating to them, such as authorship or time of creation). Usage data (e.g. page views and dwell time, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Communication; feedback (e.g. collecting feedback via online form). Public relations.
• Retention and deletion: Deletion in accordance with the information in the section "General information on data storage and deletion".
• Legal bases: Legitimate interests (Art. 6(1) sentence 1 lit. f GDPR).
• LinkedIn: Social network - We are jointly responsible with LinkedIn Ireland Unlimited Company for the collection (but not the further processing) of visitor data that is used to create "Page Insights" (statistics) for our LinkedIn profiles. This data includes information about the types of content users view or interact with and the actions they take. In addition, details about the devices used are collected, such as IP addresses, operating system, browser type, language settings, and cookie data, as well as information from user profiles such as job function, country, industry, seniority level, company size, and employment status. Data protection information on the processing of user data by LinkedIn can be found in LinkedIn's privacy policy. We have concluded a special agreement with LinkedIn Ireland ("Page Insights Joint Controller Addendum"), which in particular regulates which security measures LinkedIn must observe and in which LinkedIn agrees to fulfill data subject rights (i.e., users can, for example, address access or deletion requests directly to LinkedIn). Users' rights (in particular the right of access, deletion, objection, and complaint to the competent supervisory authority) are not restricted by the agreements with LinkedIn. Joint controllership is limited to the collection and transfer of data to LinkedIn Ireland Unlimited Company, a company based in the EU. Further processing of the data is the sole responsibility of LinkedIn Ireland Unlimited Company, in particular with regard to the transfer of data to the parent company LinkedIn Corporation in the USA; service provider: LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland; legal bases: Legitimate interests (Art. 6(1) sentence 1 lit. f GDPR);

Transfer of personal data

In the course of our processing of personal data, it may happen that it is transferred to other bodies, companies, legally independent organizational units, or persons, or disclosed to them. Recipients of this data may include, for example, service providers entrusted with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the statutory requirements and, in particular, conclude appropriate contracts and/or agreements with the recipients of your data that serve to protect your data.

Data transfer within the organization: We may transfer personal data to other departments or units within our organization or grant them access to it. If such data transfer takes place for administrative purposes, it is based on our legitimate entrepreneurial and business interests, or it takes place if it is necessary to fulfill our contractual obligations, or if consent of the data subjects or a statutory permission exists.

International data transfers

Data processing in third countries: If we transfer data to a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or the disclosure or transfer of data to other persons, bodies, or companies (which becomes apparent from the postal address of the respective provider or if the privacy policy expressly refers to the transfer of data to third countries), this is always carried out in accordance with statutory requirements.

For transfers of data to the USA, we primarily rely on the Data Privacy Framework (DPF), which was recognized as a secure legal framework by an adequacy decision of the European Commission of 10/07/2023. In addition, we have concluded standard contractual clauses with the respective providers that comply with the requirements of the European Commission and establish contractual obligations to protect your data.

This dual safeguard ensures comprehensive protection of your data: the DPF forms the primary level of protection, while the standard contractual clauses serve as an additional safeguard. Should changes occur within the DPF, the standard contractual clauses serve as a reliable fallback option. In this way, we ensure that your data remains adequately protected even in the event of political or legal changes.

For the individual service providers, we inform you whether they are certified under the DPF and whether standard contractual clauses are in place. Further information about the DPF and a list of certified companies can be found on the website of the US Department of Commerce.

For transfers of data to other third countries, appropriate safeguards apply, in particular standard contractual clauses, explicit consent, or transfers required by law. Information on transfers to third countries and applicable adequacy decisions can be found in the information provided by the European Commission.

Disclosure of personal data abroad: Under the Swiss Federal Act on Data Protection (FADP), we disclose personal data abroad only if adequate protection of the data subjects is ensured (Art. 16 Swiss FADP). If the Federal Council has not determined that adequate protection exists, we take alternative safeguards.

For transfers of data to the USA, we primarily rely on the Data Privacy Framework (DPF), which was recognized as a secure legal framework by an adequacy decision of Switzerland of 07/06/2024. In addition, we have concluded standard data protection clauses with the respective providers that have been approved by the Federal Data Protection and Information Commissioner (FDPIC) and establish contractual obligations to protect your data.

This dual safeguard ensures comprehensive protection of your data: the DPF forms the primary level of protection, while the standard data protection clauses serve as an additional safeguard. Should changes occur within the DPF, the standard data protection clauses serve as a reliable fallback option. In this way, we ensure that your data remains adequately protected even in the event of political or legal changes.

For the individual service providers, we inform you whether they are certified under the DPF and whether standard data protection clauses are in place. A list of certified companies and further information on the DPF can be found on the website of the US Department of Commerce.

For transfers of data to other third countries, appropriate safeguards apply, including international treaties, specific guarantees, standard data protection clauses approved by the FDPIC, or binding corporate rules recognized in advance by the FDPIC or a competent data protection authority of another country.

General information on data storage and deletion

We delete personal data that we process in accordance with statutory provisions as soon as the underlying consent is withdrawn or there is no other legal basis for processing. This applies to cases in which the original purpose of processing no longer applies or the data is no longer required. Exceptions to this rule apply if statutory obligations or special interests require longer retention or archiving of the data.

Our privacy policy contain additional information on the retention and deletion of data that applies specifically to certain processing activities.

If multiple retention periods or deletion deadlines are specified for a set of data, the longest period shall always apply.

If a period does not explicitly begin on a specific date and is at least one year, it begins automatically at the end of the calendar year in which the event triggering the period occurred. In the case of ongoing contractual relationships in which data is stored, the triggering event is the time at which the termination becomes effective or the legal relationship otherwise ends.

Rights of data subjects

As a data subject, you have various rights under the GDPR, which arise in particular from Articles 15 to 21 GDPR:

• Right to object: You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions. Where personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling insofar as it is related to such direct marketing.
• Right to withdraw consent: You have the right to withdraw consent you have given at any time.
• Right of access: You have the right to obtain confirmation as to whether data concerning you is being processed and to obtain access to such data as well as further information and a copy of the data in accordance with statutory provisions.
• Right to rectification: In accordance with statutory provisions, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
• Right to erasure and restriction of processing: In accordance with statutory provisions, you have the right to request that data concerning you be deleted without undue delay or, alternatively, to request restriction of processing of the data in accordance with statutory provisions.
• Right to data portability: You have the right to receive data concerning you that you have provided to us, in a structured, commonly used, and machine-readable format, or to request its transmission to another controller in accordance with statutory provisions.
• Right to lodge a complaint with a supervisory authority: In accordance with statutory provisions and without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a data protection supervisory authority, in particular in the Member State of your habitual residence, your place of work, or the place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.

As a data subject, you have the following rights under the Swiss Federal Act on Data Protection (FADP), subject to its provisions:

• Right of access: You have the right to request confirmation as to whether personal data concerning you is being processed, and to receive the information necessary for you to assert your rights under this law and to ensure transparent data processing.
• Right to data release or transfer: You have the right to request the release of your personal data that you have disclosed to us in a commonly used electronic format.
• Right to rectification: You have the right to request the correction of inaccurate personal data concerning you.
• Right to object, deletion and destruction: You have the right to object to the processing of your data and to request that personal data concerning you be deleted or destroyed.

Final provisions

We ask that you regularly inform yourself about the content of our privacy policy. We adapt the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.

If we provide addresses and contact details of companies and organizations in this privacy policy, please note that addresses may change over time and we ask that you verify the information before contacting them.

Supervisory authority responsible for us: Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna