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Privacy policy AskBrian GmbH

1. Introduction

With the following information, we would like to give you as a “data subject” an overview of the processing of your personal data by us and your rights under data protection laws. In principle, it is possible to use our Internet pages without entering personal data. However, if you want to use special services of our enterprise via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain consent from you.

The processing of personal data, such as your name, address, or e-mail address, shall always be in line with the German Data Protection Regulation (Datenschutz-Grundverordnung, DS-GVO), and in accordance with the country-specific data protection regulations applicable to the “AskBrian GmbH”. By means of this privacy policy, we would like to inform you about the scope and purpose of the personal data collected, used and processed by us.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can have security gaps, so that absolute protection can not be guaranteed. For this reason, you are free to submit personal data to us by alternative means, such as by telephone or mail.

You too can take simple and easy-to-implement measures to protect against unauthorized third-party access to your data. Therefore, we would like to provide you with some information on the secure handling of your data:

  • Protect your account (login, user or customer account) and your IT system (computer, laptop, tablet or mobile device) with strong passwords.
  • Only you should have access to the passwords.
  • Make sure that you always use your passwords for one account only (login, user or customer account).
  • Do not use one password for different websites, applications, or online services.
  • Especially when using publicly accessible IT systems or IT systems shared with other people, the following applies: It is imperative that you log out again after each login to a website, application or online service.
  • Passwords should consist of at least 12 characters and be chosen so that they cannot be easily guessed. Therefore, they should not contain common words from everyday life, your own name or names of relatives, but upper and lower case, numbers and special characters.

2. Person in charge

The responsible person in the sense of the DS-GVO is the:

AskBrian GmbH
Leipziger Str. 51
10117 Berlin, Germany
Email: hi@askbrian.ai

Representative of the person responsible: Pavol Sikula

3. Data protection officer

You can reach the data protection officer as follows:

Nina Rümmele, Perfect Data Protection (OT)
Email: gdpr@askbrian.ai

You can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.

4. Legal basis of the processing

Consent: Art. 6 para. 1 lit. a GDPR (i.V.m. § 25 para. 1 TTDSG) serves our company as the legal basis for processing operations in which we obtain consent for a specific processing purpose.

Initiation of a contract or contract: If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 para. 1 lit. b GDPR. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services.

Legal obligation: If our company is subject to a legal obligation by which the processing of personal data becomes necessary, such as for compliance with tax obligations, the processing is based on Art. 6 para. 1 lit. c GDPR.

Vital interests: In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were to be injured on our premises and as a result his or her name, age, health insurance data or other vital information had to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 para. 1 lit. d DS-GVO.

Legitimate interest: Ultimately, processing operations could be based on Art. 6 para. 1 lit. f DS-GVO. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47 sentence 2 DS-GVO).

Our offer is basically aimed at adults. Persons under 16 years of age may not transmit any personal data to us without the consent of their parents or legal guardians. We do not request personal data from children and young people, do not collect them and do not pass them on to third parties.

5. How we use your data

5.1 We may process data about your use of our website (“Website Usage Data”). Usage Data may include your IP address, geographic location, browser type and version, operating system, referral source, length of visit, page views and site navigation paths, and information about the timing, frequency and pattern of your use of the Service. The source of the usage data is Google Analytics. This usage data may be processed for the purpose of analyzing the use of the website and services. The legal basis for this processing is the consent according to §6 para. 1 lit a).

5.2 We process information contained in Brian Requests that you submit to (“Brian Request Data”). Brian Inquiry Data is processed for the provision of services and may be processed to provide further advice, assistance and service offerings. The legal basis for this processing is Section 6 Para. 1 lit b).

5.3 Where appropriate, we process information you provide in the form of attached files to emails or via MS Teams in order to provide the requested service such as translation, conversion, etc. to provide. If you request the processing of attachments (which may contain personal data), we will assume that you consent to the processing. After processing the attachments, we delete them within 24 hours and keep only the metadata (requestor, request text, file name, file size, timestamp). The legal basis for this processing is Section 6 Para. 1 lit b).

5.4 We may process information relating to our customer relationships, including customer contact information (“Customer Relationship Data”). Customer Relationship Data may include your name, employer, job title or function, contact information, and information from communications between us and you or your employer. The source of customer relationship data is you. Customer relationship data may be processed for the purposes of managing our customer relationships, communicating with customers, recording such communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests in accordance with Section 6 Para. 1 lit f), namely the proper management of our customer relationships.

5.5 We may process information that you provide to us to subscribe to our email notifications and/or newsletters (“Notification Data”). The notification data may be processed for the purpose of sending the relevant notifications and/or newsletters. The legal basis for this processing is the consent according to §6 para. 1 lit a).

5.6 We may process information contained in or relating to any communication you send to us (“Correspondence Data”). Correspondence data may include the communication content and metadata associated with the communication. Our website generates the metadata associated with the communication through the contact forms of the website. Correspondence data may be processed for the purpose of communicating with you and keeping records. The legal basis for this processing is our legitimate interests in accordance with Section 6 Para. 1 lit f), namely the proper administration of our website and our business as well as communication with users.

5.7 We may process your personal data referred to in this Policy if this is necessary for the establishment, exercise or defense of legal claims, whether in judicial proceedings or in administrative or extrajudicial proceedings. The legal basis for this processing is our legitimate interests in accordance with Section 6 Para. 1 lit f), namely to protect and enforce our legal rights, your legal rights and the legal rights of others.

5.8 In addition to the specific purposes for which we may process your personal data set out in this section, we may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or to protect your vital interests or the vital interests of another natural person. The legal basis for this processing is Section 6 Para. 1 letter c).

5.9 We may process information if you have a registered account with us (“Profile Data”). The profile data is processed for the purpose of using and/or purchasing the services and products offered by us. The legal basis for this processing is Section 6 Para. 1 lit b).

5.10 Please do not disclose personal data of other persons to us unless we request you to do so.

6. Transmission of data to third parties

Your personal data will not be transferred to third parties for purposes other than those listed below.

We will only share your personal information with third parties if:

  • you according to Art. 6 para. 1 lit. a DS-GVO have given express consent to this,
  • the transfer according to Art. 6 para. 1 lit. f DS-GVO protect our legitimate interests and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
  • in the event that for the transfer according to Art. 6 para. 1 lit. c DS-GVO a legal obligation exists,
  • this is legally permissible and in accordance with Art. 6 para. 1 lit. b DS-GVO is necessary for the processing of contractual relationships with you.

In order to protect your data and to allow us to transfer data to third countries (outside the EU/EEA) if necessary, we have concluded commissioned processing agreements based on the European Commission’s standard contractual clauses. If the standard contractual clauses are not sufficient to provide an adequate level of security, your consent can be obtained in accordance with Art. 49 para. 1 lit. a) DS-GVO serve as a legal basis for the transfer to third countries. This sometimes does not apply to data transfers to third countries for which the European Commission has issued an adequacy decision pursuant to Art. 45 DS-GVO.

7. Technology

7.1 SSL/TLS encryption

This website uses an SSL or SSL protocol to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us as the operator. “TLS encryption”. You can recognize an encrypted connection by the fact that there is a “https://” instead of a “http://” in the address line of the browser and by the lock symbol in your browser line.

AskBrian also uses TLS v 1.3 encrypted email transfer and https protocols for Brian requests via Microsoft Teams when handling Brian requests via email to ensure security and protect the transfer.

We use these technologies to protect your transmitted data in the best possible way.

7.2 Data collection when visiting the website

When using our website for information purposes only, i.e. when not registering or otherwise transmitting information to us, we only collect data that your browser transmits to our server (in so-called “cookies”). “Server Log Files”. Our website collects a series of general data and information with each call-up of a page by you or by an automated system. This general data and information is stored in the server’s log files. The following can be recorded

  1. browser types and versions used,
  2. the operating system used by the accessing system,
  3. the website from which an accessing system arrives at our website (so-called referrer),
  4. the sub-websites that are accessed via an accessing system on our website,
  5. the date and time of an access to the website,
  6. an Internet Protocol (IP) address,
  7. the Internet service provider of the accessing system.

When using this general data and information, we do not draw any conclusions about your person. Rather, this information is needed to

  1. to deliver the contents of our website correctly,
  2. to optimize the content of our website and the advertising for it,
  3. to ensure the long-term operability of our IT systems and the technology of our website,
  4. to provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack.

Therefore, the data and information collected will be used for statistical purposes only and with the aim of increasing the data protection and data security of our enterprise so as to ensure an optimal level of protection for the personal data we process. The data of the server log files are stored separately from any personal data provided by a data subject.

The legal basis for the data processing is Art. 6 para. 1 S. 1 lit. f GDPR. Our legitimate interest follows from the data collection purposes listed above.

7.3 Encrypted payment transactions

If there is an obligation to give us your payment details (e.g.B. the specification of the account number when issuing the direct debit authorization or credit card data), this data is required for payment processing.

The payment transactions via the common means of payment (Visa/MasterCard or direct debit) are carried out exclusively via an encrypted SSL- or TLS connection. You can recognize an encrypted connection by the fact that the browser address bar changes from “http://” to “https://” and by the lock symbol in your browser bar.

We use this technology to protect your transmitted data.

We include third-party payment services on our website. When you make a purchase from us, your payment data (e.g.. B. Name, payment amount, account details, credit card number) processed by the payment service provider for the purpose of payment processing. The respective contractual and data protection provisions of the respective providers apply to these transactions. The use of payment service providers is based on Art. 6 para. 1 lit. b DSGVO (contract processing) and in the interest of a smooth, convenient and secure payment process (Art. 6 para. 1 lit. f GDPR). Insofar as your consent is requested for certain actions, Art. 6 para. 1 lit. a GDPR. Consents can be revoked at any time for the future.

The provider for customers within the EU is Stripe Payments Europe, Ltd.,1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”).

Data transfer to the USA is based on the standard contractual clauses of the EU Commission. Details can be found here: https://stripe.com/en/privacy and

https://stripe.com/en/guides/general-data-protection-regulation.

You can read details about this in Stripe’s privacy policy at the following link: https://stripe.com/en/privacy.

8. Cookies

8.1 General information about cookies

We use cookies on our website. These are small files that your browser automatically creates and stores on your IT system (laptop, tablet, smartphone o.etc.) when you visit our site.

Information is stored in the cookie that results in each case from the context of the specific end device used. However, this does not mean that we thereby obtain direct knowledge of your identity.

The use of cookies serves to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after leaving our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your terminal device for a certain specified period of time. If you visit our site again to use our services, it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate our offer for you for the purpose of optimization. These cookies allow us to automatically recognize that you have already visited our website when you visit it again. The cookies set in this way are automatically deleted after a defined period of time. The respective storage period of the cookies can be taken from the settings of the consent tool used.

8.2 Legal basis for the use of cookies

The data processed by the cookies, which are required for the proper functioning of the website, are thus necessary to protect our legitimate interests as well as those of third parties pursuant to Art. 6 para. 1 lit. f DS-GVO required.

For all other cookies, you must give your consent to this via our opt-in cookie banner in accordance with Art. 6 para. 1 lit. a GDPR.

8.3 Notes on avoiding cookies in common browsers

You can delete cookies, allow only selected cookies or completely deactivate cookies at any time via the settings of the browser you are using. For more information, please visit the support pages of the respective providers:

  • Chrome: https://support.google.com/chrome/answer/95647?tid=311178978.
  • Safari: https://support.apple.com/de-at/guide/safari/sfri11471/mac?tid=311178978.
  • Firefox: https://support.mozilla.org/en/kb/cookies-and-website-data-in-firefox-delete?tid=311178978.
  • Microsoft Edge: https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-l%C3%B6schen-63947406-40ac-c3b8-57b9-2a946a29ae09.

9. Contents of our website

9.1 Registering as a user

You have the option of registering on our website by providing personal data.

Which personal data is transmitted to us in the process is determined by the respective input mask used for registration. The personal data you enter is collected and stored exclusively for internal use by us and for our own purposes. We may arrange for the transfer to one or more order processors, for example a parcel service provider, who will also use the personal data exclusively for an internal use attributable to us.

By registering on our website, the IP address assigned by your Internet service provider (ISP), the date and the time of registration are also stored. The storage of this data takes place against the background that only in this way can the misuse of our services be prevented and, if necessary, this data enables the clarification of committed crimes. In this respect, the storage of this data is necessary for our security. As a matter of principle, this data is not passed on to third parties. This does not apply if we are legally obligated to disclose such information or if the disclosure serves law enforcement purposes.

Your registration, with voluntary provision of personal data, also serves us to offer you content or services which, due to the nature of the matter, 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 our database.

We will provide you with information about which personal data is stored about you at any time upon request. Furthermore, we will correct or delete personal data at your request, insofar as this does not conflict with any statutory retention obligations. A data protection officer named in this data protection declaration and all other employees are available to the data subject as contact persons in this context.

The processing of your data is done in the interest of a comfortable and easy use of our website. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

9.2 Data processing when opening a customer account and for contract processing

According to Art. 6 para. 1 lit. b DS-GVO, personal data is collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. A deletion of your customer account is possible at any time and can be madeby sending a message to the aforementionedAddress of the person responsible. We store and use the data you provide for the purpose of processing the contract. After complete processing of the contract or deletion of your customer account, your data will be blocked taking into account tax and commercial law retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved on our part, about which we inform you accordingly below.

9.3 Data processing for order processing

The personal data collected by us will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution within the framework of payment processing, insofar as this is necessary for payment processing. If payment service providers are used, we explicitly inform about this below. The legal basis for the transfer of the data is here Art. 6 para. 1 lit. b GDPR.

9.4 Conclusion of contracts for online store, dealer and shipment of goods

We transmit personal data to third parties only if this is necessary in the context of contract processing, such as the credit institution entrusted with payment processing. A further transmission of the data does not take place resp. only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.

The basis for the data processing is Art. 6 para. 1 lit. b DS-GVO, which permits the processing of data for the performance of contracts or pre-contractual measures.

9.5 Contacting / Contact form

In the context of contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of the use of a contact form can be seen from the respective contact form. This data will be used exclusively for the purpose of responding to your request or stored and used for contacting you and the associated technical administration. The legal basis for the processing of the data is our legitimate interest in responding to your request pursuant to Art. 6 para. 1 lit. f GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted after final processing of your request, this is the case if it can be inferred from the circumstances that the matter concerned has been conclusively clarified and the deletion does not conflict with any statutory retention obligations.

9.6 Services / Digital goods

We transmit personal data to third parties only if this is necessary for the processing of the contract, for example, to the credit institution entrusted with the processing of payments.

A further transmission of the data does not take place resp. only if you have expressly consented to the transmission. Your data will not be passed on to third parties without your express consent, for example for advertising purposes.

The basis for the data processing is Art. 6 para. 1 lit. b DS-GVO, which permits the processing of data for the performance of a contract or pre-contractual measures.

9.7 Comment function blog

We offer users the opportunity to leave individual comments on individual blog posts on a blog located on our website. A blog is a portal on a website, usually publicly visible, in which one or more people, called bloggers or web bloggers, can post articles or write down thoughts in so-called blogposts. The blogposts can usually be commented by third parties.

If you leave a comment in the blog published on this website, in addition to the comments you leave, details of when you entered the comment and the username you chose will be stored and published. Furthermore, the IP address assigned by your Internet service provider (ISP) is also logged. This storage of the IP address is done for security reasons and in case you have violated the rights of third parties or posted illegal content through a submitted comment. The storage of this personal data is therefore in our own interest, so that we can exculpate ourselves in the event of a violation of the law. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. No disclosure of this collected personal data to third parties will take place, unless such disclosure is required by law or serves our legal defense.

10. Newsletter dispatch

10.1 Newsletter dispatch to existing customers

If you have provided us with your email address in the course of a Brian inquiry or when creating a customer account, we reserve the right to periodically send you offers on similar goods or services. Services, such as the already purchased, from our range by e-mail. For this we have to according to § 7 para. 3 UWG, we do not need to obtain separate consent from you. In this respect, the data processing is carried out solely on the basis of our legitimate interest in personalized direct advertising in accordance with Art. 6 para. 1 lit. f GDPR. If you have initially objected to the use of your e-mail address for this purpose, we will not send you any e-mail. You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. Upon receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately.

10.2 Advertising newsletter

On our website, you are given the opportunity to subscribe to our company’s newsletter. Which personal data are transmitted to us when ordering the newsletter, results from the input mask used for this purpose.

We inform our customers and business partners at regular intervals by means of a newsletter about our offers. The newsletter of our company can be received by you in principle only if

  1. you have a valid e-mail address and
  2. you have registered for the newsletter mailing.

For legal reasons, a confirmation e-mail will be sent to the e-mail address you entered for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation email is used to verify that you, as the owner of the email address, have authorized the receipt of the newsletter.

When you register for the newsletter, we also store the IP address of the IT system you are using at the time of registration, as assigned by your Internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of your e-mail address at a later date and therefore serves our legal protection.

The personal data collected in the context of a registration for the newsletter will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be cancelled by you at any time. The consent to the storage of personal data that you have given us for the newsletter dispatch can be revoked at any time. For the purpose of revoking consent, a corresponding link can be found in each newsletter or a request can be sent to the person responsible.

The legal basis for data processing for the purpose of sending newsletters is Art. 6 para. 1 lit. a GDPR.

10.3 Hubspot

The newsletter is sent via Hubspot.

The purpose of the data processing is the sending of newsletters. Hubspot may use your data in pseudonymous form (without assigning it to a user) to optimize or improve its own services, for example.e.g. for the technical optimization of the dispatch and the presentation of the newsletter or for statistical purposes. You will not be contacted by Hubspot itself, nor will your data be passed on to third parties.

The use of the shipping service provider is based on Art. 6 para. 1 lit. f DS-GVO and a contract processing agreement according to. Art. 28 GDPR. The legal basis for the processing of your personal data in connection with the newsletter is your consent given in the “double-opt-in” procedure i.s.d. Art. 6 para. 1 lit. a GDPR. The consent can be revoked at any time.

The data you provide for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will be blocked on our servers as well as on the servers of Hubspot for the further sending of newsletters after you unsubscribe from the newsletter. If, in addition, you wish to have your data stored for newsletter purposes deleted, please let us know. Data stored by us for other purposes (e.g.. e-mail addresses for the member area) remain unaffected by this.

For more information on Hubspot’s privacy policy, please visit: https://legal.hubspot.com/en/privacy-policy.

10.4 Mailjet

The purpose of data processing is to respond to Brian inquiries via email is carried out by Mailjet.

Mailjet may use your data in pseudonymous form (without attribution to a user), to optimize or improve its own services, for example for the technical optimization of the dispatch and the presentation of the newsletter or for statistical purposes. You will not be contacted by Mailjet itself, nor will your data be passed on to third parties.

The use of the shipping service provider is based on Art. 6 para. 1 lit. b DS-GVO and a contract processing agreement according to. Art. 28 GDPR.

We will store the data you submit to us for the purpose of Brian inquiry processing until the Brian inquiry is completed.

For more information about Mailjet’s privacy policy, please visit: https://www.mailjet.en/privacy-policy/.

11. Our activities in social networks

So that we can also communicate with you in social networks and inform you about our services, we are represented there with our own pages. When you visit one of our social media pages, we are aware of the processing operations triggered thereby, within the meaning of Art. 26 DS-GVO, jointly responsible for the processing with the provider of the respective social media platform.

We are not the original provider of these pages, but only use them within the scope of the possibilities offered to us by the respective providers.

Therefore, as a precautionary measure, we point out that your data may also be stored and processedoutside the European Union or the United States. Use can therefore be associated with data protection risks for you, since the protection of your rights, e.g. on information, deletion, objection, etc. could be more difficult and the processing in the social networks often takes place directly for advertising purposes or for the analysis of user behavior by the providers, without this being able to be influenced by us. If usage profiles are created by the provider, cookies are often used or the data is not stored. The usage behavior is assigned to your own social network member profile created by you.

The described processing operations of personal data are carried out in accordance with Art. 6 para. 1 lit. f DS-GVO on the basis of our legitimate interest and the legitimate interest of the respective provider in order to communicate with you in a timely manner and/or to be able to inform you about our services. If you have to give your consent to data processing as a user with the respective providers, the legal basis refers to Art. 6 para. 1 lit. a GDPR i.V.m. Art. 7 GDPR.

Since we do not have access to the data files of the providers, we would like to point out that you may exercise your rights (e. g. on information, correction, deletion, etc.) best to apply directly to the respective provider. Further information on the processing of your data in the social networks and the possibility of exercising your Right of objection or Right of withdrawal (so-called Opt-Out) we have listed below with the respective provider of social networks used by us:

11.1 Facebook

(Co-) Responsible for data processing in Europe:
Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

Privacy Policy (Data Policy):
https://www.facebook.com/about/privacy

11.2 Instagram

(Co-) Responsible for data processing in Germany:
Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland

Privacy Policy (Data Policy):
https://instagram.com/legal/privacy/

11.3 LinkedIn

(Co-) Responsible for data processing in Europe:
LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland

Privacy Policy:
https://www.linkedin.com/legal/privacy-policy

11.4 Twitter

(Co-) Responsible for data processing in Europe:
Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland

Privacy Policy:
https://twitter.com/en/privacy

Information about your data:
https://twitter.com/settings/your_twitter_data

11.5 YouTube

(Co-) Responsible for data processing in Europe:
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland

Privacy Policy:
https://policies.google.com/privacy

12. Social media plugins

12.1 YouTube plugin

We have integrated components from YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and other users to view, rate and comment on them, it is also free of charge. YouTube allows the publication of all kinds of videos, which is why complete film and TV shows, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

Each time you call up one of the individual pages of this website that is operated by us and on which a YouTube component (YouTube plugin) has been integrated, the Internet browser on your IT system is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. More information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google receive information about which specific sub-page of our website is visited by you.

If you are logged in to YouTube at the same time, YouTube recognizes which specific subpage of our website you are visiting when you call up a subpage that contains a YouTube plugin. This information is collected by YouTube and Google and assigned to your YouTube account.

YouTube and Google always receive information via the YouTube component that you have visited our website if you are logged into YouTube at the same time as calling up our website; this takes place regardless of whether you click on a YouTube video or not. If you do not want this information to be transmitted to YouTube and Google, you can prevent the transmission by logging out of your YouTube account before accessing our website.

The use of YouTube is in the interest of a comfortable and easy use of our website. The legal basis of the data processing is Art. 6 para. 1 lit. a GDPR.

The privacy policy published by YouTube, which can be found at https://www.google.de/intl/en/policies/privacy/ provide information about the collection, processing and use of personal data by YouTube and Google.

13. Web analysis

13.1 Facebook Pixel (Custom Audience)

This website uses the “Facebook Pixel” of Meta Platforms, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA (“Meta”). In the event that explicit consent is granted, this allows the behavior of users to be tracked after they have seen or clicked on a Facebook ad. This procedure is used to evaluate the effectiveness of Facebook ads for statistical and market research purposes and can help to optimize future advertising measures.

The data collected is anonymous for us and therefore does not allow us to draw conclusions about the identity of the users. However, the data is stored and processed by Meta so that a connection to the respective user profile is possible and Meta uses the data for its own advertising purposes, in accordance with Facebook’s Data Use Policy (https://www.facebook.com/about/privacy/) can use. This enables Meta and its partners to place advertisements on and outside of Facebook. Furthermore, a cookie may be stored on your computer for these purposes. These processing operations are carried out exclusively upon the granting of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR.

To deactivate the use of cookies on your IT system, you can set your Internet browser so that no more cookies can be stored on your IT system in the future oralready stored cookies are deleted. We would like to point out that these measures may mean that not all functions of our website are available. You can refuse the use of cookies by third parties such.Meta can also be deactivated on the following website of the Digital Advertising Alliance: https://www.aboutads.info/choices/

In addition, you can disable cookies for reach measurement and advertising purposes by setting an opt-out cookie via the following websites:

1. https://optout.networkadvertising.org/
2. https://www.youronlinechoices.com/uk/your-ad-choices/

Please note that this setting will be deleted when you delete your cookies.

13.2 Google Analytics

On our websites, we use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.de/intl/en/about/), Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). In this context, pseudonymized usage profiles are created and cookies (see point “Cookies”) are used. The information generated by the cookie about your use of this website such as

  1. the browser type/version,
  2. the operating system used,
  3. the referrer URL (the previously visited page),
  4. the host name of the accessing computer (IP address),
  5. time of the server request

are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to the use of the website and the Internet for the purposes of market research and demand-oriented design of these Internet pages. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. In no case will your IP address be merged with other data from Google. The IP addresses are anonymized so that an assignment is not possible (IP masking).

We would like to explicitly point out that in the operational use of the Brian service via e-mail and MS Teams Google Analytics is not used in any way.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

These processing operations are carried out exclusively upon the granting of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR.

You can also block the collection of data generated by the cookie and related to your use of the website (including your IP address)the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on the following link: <a href=”javascript:gaOptout()”>Disable Google Analytics. An opt-out cookie is set that prevents future collection of your data when visiting this website. The opt-out cookie is valid only in this browser and only for our website and is placed on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

You can view the Google Analytics privacy policy at: https://support.google.com/analytics/answer/6004245?hl=en.

13.3 HubSpot

On this website, we use HubSpot features. The provider is HubSpot, Inc., 25 First Street, Cambridge, MA 02141, USA.

HubSpot tracks visitors to our website using browser cookies. Each time you access our website, HubSpot checks whether a HubSpot tracking cookie is set. If such a cookie is not already set on your browser, a HubSpot cookie will be set on your browser – provided you give your consent – which will record all of our websites that you access later on.

Regarding HubSpot’s handling of tracking cookies, here’s what to keep in mind:

  • Your visit to our websites is tracked using the HubSpot cookie only if you have given your consent to set the HubSpot cookie or all tracking cookies.
  • If you fill out one of the forms on our websites (e.g., a contact form) and have given your consent to the setting of the HubSpot cookie, HubSpot will associate your previous page views resulting from the tracking cookie with the form you submitted.
  • If you have already been in contact with us, your e-mail address submitted via the form will be assigned to the information already stored by us.
  • If you delete all your cookies or specifically the HubSpot cookies, you will be considered a new visitor on our websites and a new cookie will be set. However, HubSpot automatically duplicates all form submissions received from the same email address, even if those submissions have different browser cookies associated with them.
  • Since cookies are set only once on a browser, submissions from two people sharing a single computer are assigned to one and the same contact entry. This cookie deduplication ensures that when a contact submits forms to your website from different email addresses, all submissions are associated with a single contact record in HubSpot.
  • HubSpot assigns page views to a contact when the contact clicks a link in a tracked marketing email that continues to a page where the HubSpot tracking code is installed.

These processing operations are carried out exclusively upon the granting of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR. Your data will be stored until you withdraw your consent.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. When cookies are disabled, the functionality of this website may be limited.

The transfer of your personal data to the USA takes place on the basis of the standard contractual clauses.

For more information on HubSpot, please visit: https://legal.hubspot.com/privacy-policy.

13.4 LinkedIn Analytics

On this website, we use the retargeting tool as well as the conversion tracking of LinkedIn Ireland, Wilton Plaza, Wilton Place, Dublin 2, Ireland (LinkedIn).

For this purpose, the LinkedIn Insight Tag is integrated on our website, which enables LinkedIn to collect statistical data about your visit and use of our website and to provide us with corresponding aggregated statistics on this basis. In addition, the service is used to be able to show you interest-specific and relevant offers and recommendations after you have informed yourself about certain services, information and offers on the website. The information in this regard is stored in a cookie.

As a rule, the following data is collected and processed:

  • IP address
  • Device information
  • Browser information
  • Referrer URL
  • Timestamp

These processing operations are carried out exclusively upon the granting of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR. Your data will be stored until you withdraw your consent.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. When cookies are disabled, the functionality of this website may be limited. The personal data will be kept as long as they are necessary to fulfill the purpose of the processing. The data is deleted as soon as it is no longer required to achieve the purpose.

In the context of processing via LinkedIn, data may be transferred to the USA and Singapore. The security of the transmission is checked regularly via so-called standard contractual clauses, which ensure that the processing of personal data is subject to a level of security that complies with the GDPR. If the standard contractual clauses are not sufficient to establish an adequate level of security, consent pursuant to Art. 49 para. 1 lit. a DS-GVO obtained from you.

For more information on LinkedIn’s privacy policy, please visit: https://de.linkedin.com/legal/privacy-policy.

14. Advertising

14.1 Google Ads

Our website uses the functions of Google Ads, hereby we advertise this website in Google search results, as well as on third-party websites. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). For this purpose, Google sets a cookie in the browser of your terminal device, which automatically enables interest-based advertising by means of a pseudonymous cookie ID and on the basis of the pages you visit.

Additional data processing only takes place if you have consented to Google linking your web and app browsing history to your Google Account and using information from your Google Account to personalize ads you view on the web. In this case, if you are logged in to Google while visiting our website, Google uses your data together with Google Analytics data to create and define target group lists for cross-device remarketing. For this purpose, your personal data is temporarily linked by Google with Google Analytics data in order to form target groups.

You can permanently disable the setting of cookies for ad preferences by downloading and installing the browser plug-in available at the following link: https://www.google.com/settings/ads/onweb/. Alternatively, you can register with the Digital Advertising Alliance at www.aboutads.info about the setting of cookies and make settings for this. Finally, you can set your browser so that you are informed about the setting of cookies and decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general. We would like to point out that these measures may mean that not all functions of our website are available.

These processing operations are carried out exclusively upon the granting of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR.

You can view the privacy policy and further information of Google Ads at: https://www.google.com/policies/technologies/ads/

14.2 Google Ads with conversion tracking

We have integrated Google Ads on this website. The operating company of the Google Ads services is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ads is an Internet advertising service that allows advertisers to place ads both in Google’s search engine results and in the Google advertising network. Google Ads allows an advertiser to specify certain keywords in advance, by means of which an ad is displayed in Google’s search engine results exclusively when the user retrieves a keyword-relevant search result using the search engine. In the Google advertising network, ads are distributed on topic-relevant websites by means of an automatic algorithm and in compliance with the previously defined keywords.

The purpose of Google Ads is to advertise our website by displaying interest-relevant advertisements on the websites of third-party companies and in the search engine results of the Googleand to display third-party advertisements on our website.

If you access our website via a Google ad, a so-called conversion cookie is stored on your IT system by Google. A conversion cookie expires after thirty days and is not used to identify you. The conversion cookie is used to track whether certain subpages, for example the shopping cart of an online store system, have been called up on our website, provided that the cookie has not yet expired. The conversion cookie allows both us and Google to track whether a user who arrived on our website via an AdWords ad generated a sale, i.e. completed or cancelled a purchase.

The data and information collected through the use of the conversion cookie is used by Google to compile visit statistics for our website. These visit statistics are in turn used by us to determine the total number of users who were referred to us via Ads, i.e. to determine the success or failure of the respective Ads and to optimize our Ads for the future. Neither our company nor other advertisers of Google Ads receive information from Google by means of which you could be identified.

By means of the conversion cookie, personal information, for example the web pages visited by you, is stored. Each time you visit our website, personal data, including the IP address of the internet connection you are using, is therefore transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may share this personal data collected through the technical process with third parties.

You can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a conversion cookie on your IT system. In addition, a cookie already set by Google Ads can be deleted at any time via the Internet browser or other software programs. Furthermore, you have the option to object to interest-based advertising by Google. To do this, you must select from your used Internet browser the link www.google.en/settings/ads and make the desired settings there. We would like to point out that these measures may mean that not all functions of our website are available.

These processing operations are carried out exclusively upon the granting of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR.

You can view the privacy policy and further information of Google AdSense at: https://www.google.en/intl/en/policies/privacy/.

15. Plugins and other services

15.1 Font Awesome

Our website uses so-called web fonts for the uniform display of fonts, which are provided by Fonticons Inc, 307 S Main St Ste 202 Bentonville, AR, USA. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.

For this purpose, the browser you use must connect to the servers of Fonticons, Inc. record, tape. By doing so, Fonticons, Inc. knowledge that our website was accessed via your IP address. Font Awesome is used in the interest of a uniform and appealing presentation of our online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR.

If your browser does not support Font Awesome, a default font is used by your terminal.

For more information on the privacy policy of Fonticons Inc. can be found at: https://fontawesome.com/privacy.

15.2 Google reCAPTCHA

On this website we use the reCAPTCHA function. The operating company of Google reCAPTCHA is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Limited is part of the Google group of companies headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The reCAPTCHA function is primarily used to distinguish whether an input is made by a natural person or is abused by machine and automated processing. The service also includes sending the IP address and, if necessary other data required by Google for the reCAPTCHA service to Google.

These processing operations are carried out exclusively upon the granting of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR.

Further information on Google reCAPTCHA as well as Google’s privacy policy can be found at: https://www.google.com/intl/en/policies/privacy/.

15.3 Google Tag Manager

On this website we use the Google Tag Manager service. The operating company of Google Tag Manager is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Limited is part of the Google group of companies headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Through this tool, “website tags” (i.e. Keywords, which are included in HTML elements) are implemented and managed via an interface. By using the Google Tag Manager, we can automatically track which button, link or personalized image you have actively clicked on and can then record which contents of our website are of particular interest to you.

The tool also ensures the triggering of other tags, which in turn may collect data. Google Tag Manager does not access this data. If you have deactivated at the domain or cookie level, this remains in place for all tracking tags implemented with Google Tag Manager.

These processing operations are carried out exclusively upon the granting of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR.

Further information on Google Tag Manager and Google’s privacy policy can be found at: https://www.google.com/intl/en/policies/privacy/.

15.4 Google WebFonts (local hosting)

This site uses so-called WebFonts, which are provided by Google, for the uniform display of fonts. The Google Fonts are installed locally. A connection to Google servers does not take place.

For more information about Google Web Fonts, visit https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=en.

15.5 HubSpot CRM system

We use the CRM software of the provider HubSpot, Inc., 25 First Street, Cambridge, MA 02141, USA (“HubSpot”).

Hubspot is a sofrtware CRM solution for managing customer relationships and includes the following features, among others:

  • Deal management, lead management and task management,
  • Email tracking and notifications,
  • Email templates and scheduling,
  • Newsletter dispatch,
  • Document sharing,
  • Online booking system for appointments,

All departments, (including e.g. Marketing, Sales, Customer Service) work together with the described software.

The provider of HubSpot necessarily obtains knowledge of the aforementioned Data, insofar as this is required within the scope of our order processing contract (Art. 28 DS-GVO), is provided for with HubSpot. These may include the names, addresses, email addresses and telephone numbers. Processing of personal data thus also takes place in a third country (outside the EU and the EEA).

If a corresponding consent has been requested, the processing is based exclusively on Art. 6 para. 1 lit. a) GDPR. The legal basis for the use of HubSpot in the context of contractual relationships is Art. 6 para. 1 lit. b) GDPR. In all other cases, the legal basis for processing your personal data is Art. 6 para. 1 lit. f) GDPR. Here, our interest lies in the effective coordination of internal as well as external communication and the management of customer relationships.

To the extent HubSpot processes Personal Data in connection with its own legitimate business operations, HubSpot is an independent data controller for such use and, as such, is responsible for compliance with applicable laws and obligations of a data controller.

You can view HubSpot’s privacy policy at: https://legal.hubspot.com/en/privacy-policy.

15.6 YouTube (videos)

We have integrated components from YouTube on this website. The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

If you are logged in to YouTube at the same time, YouTube recognizes which specific subpage of our website you are visiting when you call up a subpage that contains a YouTube video. This information is collected by YouTube and Google and assigned to your YouTube account.

YouTube and Google always receive information via the YouTube component that you have visited our website if you are logged into YouTube at the same time as calling up our website; this takes place regardless of whether you click on a YouTube video or not. If you do not want this information to be transmitted to YouTube and Google, you can prevent the transmission by logging out of your YouTube account before accessing our website.

These processing operations are carried out exclusively upon the granting of explicit consent pursuant to Art. 6 para. 1 lit. a GDPR.

You can view YouTube’s privacy policy at https://www.google.en/intl/en/policies/privacy/.

16. Brian requests

When you send Brian a request through the channels provided (email, MS Teams and potentially others), the following data is processed:

  1. Your contact information: E-mail address, first name, last name
  2. Request text from email (subject line and email text) or from MS Teams (request text)
  3. Attachment metadata (file name, file size)
  4. Attachments and their contents that you share with us

Your contact data, inquiry texts and metadata are stored in our systems for evaluations, service improvement, traceability and billing purposes. The attachments of your requests are only temporarily stored and automatically deleted after 24 hours.

The basis for the data processing is Art. 6 para. 1 lit. b DS-GVO, which permits the processing of data for the performance of contracts or pre-contractual measures.

Note on data transfer to the USA and other third countries

Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. Data transfer to the USA is based on the standard contractual clauses of the EU Commission.

17. Your rights as a data subject

17.1 Right to confirmation

You have the right to request confirmation from us as to whether personal data concerning you is being processed.

17.2 Right to information Art. 15 GDPR

You have the right to receive from us at any time free of charge information about the personal data stored about you, as well as a copy of this data in accordance with the statutory provisions.

17.3 Right to rectification Art. 16 GDPR

You have the right to request that inaccurate personal data concerning you be corrected. Furthermore, you have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.

17.4 Deletion Art. 17 GDPR

You have the right to request that we delete the personal data concerning you without undue delay, provided that one of the grounds provided for by law applies and to the extent that the processing or storage is not required.

17.5 Restriction of processing Art. 18 GDPR

You have the right to demand that we restrict processing if one of the legal requirements is met.

17.6 Data portability Art. 20 GDPR

You have the right to receive the personal data concerning you, which has been provided to us by you, in a structured, common and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, to whom the personal data has been provided, that the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a DS-GVO or on a contract pursuant to Art. 6 para. 1 lit. b DS-GVO and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.

Furthermore, when exercising your right to data portability pursuant to Art. 20 para. 1 DS-GVO the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons.

17.7 Opposition Art. 21 GDPR

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6 para. 1 lit. e (data processing in the public interest) or f (data processing on the basis of a balance of interests) DS-GVO.

This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or where the processing serves the purpose of asserting, exercising or defending legal claims.

In individual cases, we process personal data in order to conduct direct advertising. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is associated with such direct advertising. If you object to us processing for direct marketing purposes, we will no longer process the personal data for these purposes.

In addition, you have the right, on grounds relating to your particular situation, to object to the processing of personal data concerning you which is carried out by us for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DS-GVO, unless such processing is necessary for the performance of a task carried out in the public interest.

You are free to exercise your right to object in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

17.8 Revocation of consent under data protection law

You have the right to revoke consent to the processing of personal data at any time with effect for the future.

17.9 Complaint to a supervisory authority

You have the right to complain about our processing of personal data to a supervisory authority responsible for data protection.

18. Routine storage, deletion and blocking of personal data

We process and store your personal data only for the period necessary to achieve the purpose of storage or if this has been provided for by the legal provisions to which our company is subject.

If the purpose of storage no longer applies or if a prescribed storage period expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.

19. Duration of the storage of personal data

The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of the deadline, the corresponding data will be routinely deleted, provided that they are no longer required for the fulfillment or initiation of the contract.

20. Up-to-dateness and modification of the privacy policy

This privacy policy is currently valid and has the status: August 2022.

Due to the further development of our Internet pages and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. The current privacy policy can be viewed at any time on the website at “https://askbrian.ai/privacy/” can be retrieved and printed out by you.

This privacy policy was created with the support of the Audatis data protection software.