Privacy Policy

Preamble

With the following privacy policy, we would like to inform you about which types of your personal data (hereinafter also referred to simply as "data") we process, for which purposes and to what extent. This privacy policy applies to all processing of personal data carried out by us, both within the scope of providing our services and, in particular, on our websites, in mobile applications, as well as within external online presences, such as our social media profiles (hereinafter collectively referred to as the "online offering").

The terms used are not gender-specific.

Status: 9 February 2025

Overview of Contents

Controller

Flowcreators - Noah Kempf
Weinbergstraße 19
76684 Östringen

Authorised representative: Noah Kempf

Email address: info@flowcreators.de

Telephone: +4915175014028

Legal notice (Imprint): https://noahkempf.com/impressum

Overview of Processing Activities

The following overview summarises the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

  • Inventory data.
  • Payment data.
  • Contact data.
  • Content data.
  • Contract data.
  • Usage data.
  • Meta, communication and process data.
  • Log data.

Categories of data subjects

  • Service recipients and clients.
  • Interested parties.
  • Communication partners.
  • Users.
  • Business and contractual partners.

Purposes of processing

  • Provision of contractual services and fulfilment of contractual obligations.
  • Communication.
  • Security measures.
  • Office and organisational procedures.
  • Organisational and administrative procedures.
  • Feedback.
  • Provision of our online offering and user-friendliness.
  • Information technology infrastructure.
  • Business processes and commercial procedures.

Relevant Legal Bases

Relevant legal bases under the GDPR: The following provides an overview of the legal bases of the GDPR on which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If, in individual cases, more specific legal bases are relevant, we will inform you of these in the privacy policy.

  • Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR) – The data subject has given consent to the processing of their personal data for one or more specific purposes.
  • Performance of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR) – Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
  • Legal obligation (Art. 6 para. 1 sentence 1 lit. c) GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
  • Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR) – Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national data protection provisions apply in Germany. These include in particular the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). The BDSG contains, in particular, special provisions on the right of access, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and on transmission, as well as automated decision-making in individual cases including profiling. Furthermore, the data protection laws of the individual federal states may apply.

Note on the applicability of the GDPR and the Swiss FADP: These data protection notices serve both to provide information in accordance with the Swiss Federal Act on Data Protection (DSG) and the General Data Protection Regulation (GDPR). For this reason, please note that, due to the broader territorial scope and better comprehensibility, the terms of the GDPR are used. In particular, instead of the terms “processing” of “personal data”, “overriding interest” and “particularly sensitive personal data” used in the Swiss DSG, the terms “processing” of “personal data” as well as “legitimate interest” and “special categories of data” used in the GDPR are applied. However, the legal meaning of the terms is determined in the context of the applicability of the Swiss DSG according to the Swiss DSG.

Security Measures

We take appropriate technical and organisational measures in accordance with the legal 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, in order 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, transfer, safeguarding of availability and separation of the data. Furthermore, we have established procedures that ensure the exercise of data subjects' rights, the erasure of data and responses to threats to data. We also take into account the protection of personal data in the development or selection of hardware, software and processes in accordance with the principle of data protection through technology design and by default.

Transfer of Personal Data

In the course of processing personal data, it may happen that such data is transferred to or disclosed to other entities, companies, legally independent organisational units or persons. Recipients of this data may include, for example, service providers tasked with IT duties or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data which serve to protect your data.

International Data Transfers

Data processing in third countries: If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if processing takes place in the context of using services of third parties or disclosing or transferring data to other persons, entities or companies, this is done only in accordance with the legal requirements. Where the level of data protection in a third country has been recognised by an adequacy decision (Art. 45 GDPR), this forms the basis for the data transfer. Otherwise, data transfers only take place if the level of data protection is otherwise guaranteed, in particular by standard contractual clauses (Art. 46 para. 2 lit. c) GDPR), explicit consent, or in the case of contractual or legally required transfers (Art. 49 para. 1 GDPR). In addition, we will inform you of the basis for the transfer to a third country in the case of the individual service providers from the third country, whereby adequacy decisions take precedence as the basis. Information on transfers to third countries and existing adequacy decisions can be found in the information provided by the EU Commission: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en?prefLang=de. Under the so-called "Data Privacy Framework" (DPF), the EU Commission has also recognised the level of data protection as adequate for certain companies in the USA in its adequacy decision of 10 July 2023. You can find the list of certified companies and further information on the DPF on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/ (in English). We will inform you within the scope of these data protection notices which of our service providers are certified under the Data Privacy Framework.

General Information on Data Storage and Deletion

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

In particular, data that must be retained for commercial or tax reasons or whose storage is necessary for legal prosecution or to protect the rights of other natural or legal persons must be archived accordingly.

Our data protection notices contain further information on the retention and deletion of data that is specific to certain processing operations.

If multiple retention or deletion periods are specified for a piece of data, the longest period is always decisive.

If a period does not explicitly begin on a specific date and is at least one year, it automatically starts at the end of the calendar year in which the triggering event 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 any other ending of the legal relationship.

Data that is no longer required for the original purpose but must be retained due to legal requirements or other reasons is processed exclusively for the purposes that justify its retention.

Further information on processing operations, procedures and services:

  • Retention and deletion of data: The following general periods apply to retention and archiving under German law:
    • 10 years – Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets and the work instructions and other organisational documents necessary for their understanding (§ 147 para. 1 no. 1 in conjunction with para. 3 AO, § 14b para. 1 UStG, § 257 para. 1 no. 1 in conjunction with para. 4 HGB).
    • 8 years – Accounting records, such as invoices and cost receipts (§ 147 para. 1 nos. 4 and 4a in conjunction with para. 3 sentence 1 AO as well as § 257 para. 1 no. 4 in conjunction with para. 4 HGB).
    • 6 years – Other business documents: received commercial or business letters, copies of dispatched commercial or business letters, other documents relevant for taxation, e.g. timesheets, cost allocation sheets, calculation documents, price labelling, as well as payroll documents, insofar as they are not already accounting records, and till receipts (§ 147 para. 1 nos. 2, 3, 5 in conjunction with para. 3 AO, § 257 para. 1 nos. 2 and 3 in conjunction with para. 4 HGB).
    • 3 years – Data required to consider potential warranty and damages claims or similar contractual claims and rights and to process related requests, based on previous business experience and usual industry practice, is stored for the duration of the regular statutory limitation period of three years (§§ 195, 199 BGB).

Rights of Data Subjects

Rights of data subjects under the GDPR: As a data subject, you have various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

  • Right to object: You have the right, on grounds relating to your particular situation, to object at any time to processing of personal data concerning you which is based on Art. 6 para. 1 lit. e or f GDPR, including profiling based on those provisions. Where your personal data is processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing; this also applies to profiling to the extent that 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 or not personal data concerning you is being processed and, where that is the case, to obtain access to the personal data and further information and a copy of the data in accordance with the legal provisions.
  • Right to rectification: You have the right, in accordance with the legal provisions, 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 the legal provisions, you have the right to request that data concerning you be erased without delay or, alternatively, to request restriction of processing of the data in accordance with the legal provisions.
  • Right to data portability: You have the right to receive the data concerning you which you have provided to us in a structured, commonly used and machine-readable format, or to request that it be transmitted to another controller, in accordance with the legal provisions.
  • Right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a 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 provisions of the GDPR.

Business Services

We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners"), within the context of contractual and comparable legal relationships and related measures, and with regard to communication with the contractual partners (or pre-contractually), for example to respond to enquiries.

We use this data in order to fulfil our contractual obligations. This includes, in particular, the obligations to provide the agreed services, any update obligations and remedy in the event of warranty or other performance issues. In addition, we use the data to protect our rights and for administrative tasks associated with these obligations and business organisation. Furthermore, we process the data on the basis of our legitimate interests in proper and efficient business management as well as in security measures to protect our contractual partners and our business operations from misuse, threats to their data, secrets, information and rights (e.g. by involving telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the scope of the applicable law, we only pass on contractual partners’ data to third parties insofar as this is required for the aforementioned purposes or to fulfil legal obligations. We inform the contractual partners about further forms of processing, e.g. for marketing purposes, within the scope of this privacy policy.

We inform the contractual partners which data is required for the aforementioned purposes before or during data collection, e.g. in online forms, by special marking (e.g. colours) or symbols (e.g. asterisks or similar), or personally.

We delete the data after the expiry of statutory warranty and comparable obligations, i.e. generally after four years, unless the data is stored in a customer account, e.g. because it must be retained for archiving reasons under tax law (usually ten years). Data that has been provided to us by the contractual partner in the context of an assignment will be deleted in accordance with the specifications and generally after the end of the assignment.

  • Types of data processed: Inventory data (e.g. full name, residential address, contact information, customer number, etc.); Payment data (e.g. bank details, invoices, payment history); Contact data (e.g. postal and email addresses or telephone numbers); Contract data (e.g. subject matter of the contract, duration, customer category); Usage data (e.g. page views and dwell time, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and functions). Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, persons involved).
  • Data subjects: Service recipients and clients; Interested parties; Business and contractual partners.
  • Purposes of processing: Provision of contractual services and fulfilment of contractual obligations; Security measures; Communication; Office and organisational procedures; Organisational and administrative procedures; Business processes and commercial procedures.
  • Retention and deletion: Deletion in accordance with the details in the section "General Information on Data Storage and Deletion".
  • Legal bases: Performance of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR); Legal obligation (Art. 6 para. 1 sentence 1 lit. c) GDPR); Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

Further information on processing operations, procedures and services:

  • Online shop, order forms, e-commerce and delivery: We process the data of our customers in order to enable them to select, purchase or order the chosen products, goods and related services, as well as their payment and delivery or execution. Where necessary for the execution of an order, we use service providers, in particular postal, forwarding and shipping companies, to carry out delivery or performance to our customers. For processing payments, we use the services of banks and payment service providers. The required details are identified as such during the order or comparable purchasing process and include the information necessary for delivery or provision and invoicing, as well as contact information in order to be able to hold any consultations; Legal bases: Performance of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR).

Provision of the Online Offering and Web Hosting

We process the users' data in order to be able to provide our online services to them. For this purpose, we process the user's IP address, which is necessary to transmit the contents and functions of our online services to the browser or the user’s device.

  • Types of data processed: Usage data (e.g. page views and dwell time, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and functions); Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, persons involved). Log data (e.g. log files regarding logins, data retrievals or access times).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Provision of our online offering and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)); Security measures.
  • Retention and deletion: Deletion in accordance with the details in the section "General Information on Data Storage and Deletion".
  • Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

Further information on processing operations, procedures and services:

  • Collection of access data and log files: Access to our online offering is logged in the form of so-called "server log files". The server log files may include the address and name of the accessed web pages and files, date and time of access, transferred data volumes, reports on successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files may be used, on the one hand, for security purposes, e.g. to avoid overloading the servers (especially in the case of misuse attacks, so-called DDoS attacks), and, on the other hand, to ensure the utilisation of the servers and their stability; Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR). Deletion of data: Logfile information is stored for a maximum of 30 days and then deleted or anonymised. Data whose further retention is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.

Use of Cookies

The term “cookies” is used to describe functions that store information on users’ end devices and read it from them. Cookies may also be used in connection with different purposes, such as to ensure the functionality, security and comfort of online offerings and to create analyses of visitor flows. We use cookies in accordance with the legal requirements. Where necessary, we obtain the users’ consent in advance. Where consent is not required, we rely on our legitimate interests. This is the case if storing and reading information is essential in order to provide the users with expressly requested content and functions. This includes, for example, saving settings and ensuring the functionality and security of our online offering. Consent can be revoked at any time. We provide clear information about the scope of cookies used and which cookies are deployed.

Information on data protection legal bases: Whether we process personal data using cookies depends on whether we ask users for consent. Where consent is the case, it is the legal basis for processing data. Otherwise, we process data using cookies on the basis of our legitimate interests as explained in this section and within the context of the individual services and procedures.

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

  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offering and closed their end device (e.g. browser or mobile application).
  • Permanent cookies: Permanent cookies remain stored even after the end device has been closed. For example, the login status can be stored and preferred content displayed directly when the user visits a website again. Likewise, user data collected by means of cookies can be used for reach measurement. Unless we provide users with explicit details on the type and storage duration of cookies (e.g. as part of obtaining consent), they should assume that the cookies are permanent and that the storage duration can be up to two years.

General information on withdrawal and objection (opt-out): Users may revoke any consent they have given at any time and may also object to processing in accordance with the legal provisions, including via the privacy settings of their browser.

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

Further information on processing operations, procedures and services:

  • Processing of cookie data on the basis of consent: We use a consent management solution through which users’ consent to the use of cookies or to the procedures and providers named within the consent management solution is obtained. This procedure serves to obtain, log, manage and revoke consents, in particular with regard to the use of cookies and comparable technologies used to store, read and process information on users’ end devices. As part of this process, users’ consents to the use of cookies and the associated processing of information, including the specific processing operations and providers named within the consent management procedure, are obtained. Users also have the option to manage and revoke their consents. The declarations of consent are stored in order to avoid a renewed query and to be able to prove consent in accordance with statutory 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 consent to a specific user or their end device. If no specific details are provided about the providers of consent management services, the following general information applies: The duration of storage of consent is up to two years. A pseudonymous user identifier is created, which is stored together with the time of consent, the details of the scope of the consent (e.g. the categories of cookies and/or service providers concerned), as well as information about the browser, system and end device used; Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR).

Contact and Request Management

When contacting us (e.g. by post, contact form, email, telephone or via social media) and within the scope of existing user and business relationships, the details of the enquiring persons are processed to the extent necessary to respond to the contact requests and any requested measures.

  • Types of data processed: Inventory data (e.g. full name, residential address, contact information, customer number, etc.); Contact data (e.g. postal and email addresses or telephone numbers); Content data (e.g. textual or visual messages and posts, and the information relating to them, such as details of authorship or time of creation); Usage data (e.g. page views and dwell time, click paths, usage intensity and frequency, device types and operating systems used, interactions with content and functions). Meta, communication and process data (e.g. IP addresses, timestamps, identification numbers, persons involved).
  • Data subjects: Communication partners.
  • Purposes of processing: Communication; Organisational and administrative procedures; Feedback (e.g. collection of feedback through an online form); Provision of our online offering and user-friendliness.
  • Retention and deletion: Deletion in accordance with the details in the section "General Information on Data Storage and Deletion".
  • Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Performance of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR).

Further information on processing operations, procedures and services:

  • Contact form: When contacting us via our contact form, by email or via other communication channels, we process the personal data submitted to us in order to respond to and handle the respective request. This usually includes details such as name, contact information and, where applicable, additional information that is provided to us and is necessary for appropriate handling. We use this data exclusively for the stated purpose of making contact and communication; Legal bases: Performance of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR), Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).