Privacy Policy
PRIVACY POLICY
1. INTRODUCTION
In the following, we provide information about the processing of personal data when using
- our website www.blueoak.io
- our DRWN platform („Platform“) currently available under www.drwn.blueoak.io ; and
- our profiles in social media
Personal data is any data that can be related to a specific natural person, e.g. their name or IP address.
1.1. Contact data
The responsible party pursuant to Article 4(7) of the EU General Data Protection Regulation (“GDPR“) is BlueOak Advertising GmbH, Sedanstraße 31-33, 50668 Cologne, Germany, e-mail:
info@blueoak.io
. We are legally represented by Lothar Prison, Philipp v. Stülpnagel, Sebastian Trosch.
Our data protection officer is heyData GmbH, Schützenstraße 5, 10117 Germany, www.heydata.eu , e-mail: datenschutz@heydata.de</strong> .
1.2 Scope of data processing, processing purposes and legal basis
We detail the scope of data processing, processing purposes and legal bases below. The following are generally considered to be the legal basis for data processing:
- Art. 6(1)(1) lit. a of the GDPR serves as our legal basis for processing operations for which we obtain consent.
- Art. 6(1)( 1) lit. b of the GDPR is the legal basis insofar as the processing of personal data is necessary for the performance of a contract, e.g. if a site visitor purchases a product from us or we perform a service for him. This legal basis also applies to processing that is necessary for pre-contractual measures, such as in the case of inquiries about our products or services.
- Art. 6(1)(1) lit. c of the GDPR applies if we fulfill a legal obligation by processing personal data, as may be the case, for example, in tax law.
- Art. 6(1)( 1) lit. f of the GDPR serves as the legal basis if we can rely on legitimate interests to process personal data, e.g. for cookies that are necessary for the technical operation of our website.
1.3 Data processing outside the EEA
Insofar as we transfer data to service providers or other third parties outside the EEA, adequacy decisions of the EU Commission (Art. 45(3) of the GDPR), where available (e.g. for Canada and Israel), guarantee the security of the data during the transfer.
In the case of data transfer to service providers in the USA, the legal basis for the data transfer is an adequacy decision of the EU Commission if the service provider has also certified itself under the EU US Data Privacy Framework.
If no adequacy decision exists, the legal basis for the data transfer is usually, i.e. unless we indicate otherwise, standard contractual clauses. These are a set of rules adopted by the EU Commission and are part of the contract with the respective third party. According to Art. 46(2) lit. b of the GDPR, they ensure the security of the data transfer. Many of the providers have given contractual guarantees that protect the data beyond the standard contractual clauses. These are, for example, guarantees regarding the encryption of the data or regarding an obligation on the part of the third party to notify data subjects if law enforcement agencies want to access data.
The transfer of data to third parties in the United Kingdom of Great Britain and Northern Ireland is currently based on the transitional arrangement in the Trade and Cooperation Agreement between the European Union and the United Kingdom.
1.4 Storage period
Unless expressly stated within the scope of this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted, i.e. the data will be blocked and not processed for other purposes. This applies, for example, to data that we must retain for reasons of commercial or tax law.
1.5 Rights of the data subjects
Data subjects have the following rights vis-à-vis us with regard to the personal data concerning them:
- Right to information,
- Right to correction or deletion,
- Right to restriction of processing,
- Right to object to processing,
- Right to data portability,
- Right to revoke consent given at any time.
Data subjects also have the right to complain to a data protection supervisory authority about the processing of their personal data.
1.6 Obligation to provide data
In the context of a business relationship or other relationship, customers, interested parties or third parties only have to provide us with the personal data that is required for the establishment, implementation and termination of the business relationship or other relationship, or which we are legally obliged to collect. Without this data, we will usually have to refuse to conclude a contract or provide a service, or will no longer be able to perform an existing contract or other relationship.
Mandatory data are marked as such.
1.7 No automatic decision-making in individual cases
For the establishment and implementation of a business relationship or other relationship, we generally do not use fully automated decision-making pursuant to Article 22 of the GDPR. Should we use these procedures in individual cases, we will inform about this separately if this is required by law.
1.8 Contacting us
When contacting us, e.g. by e-mail or telephone, the data provided to us (e.g. names and e-mail addresses) will be stored by us in order to answer questions. The legal basis for the processing is our legitimate interest (Art. 6(1)(1) lit. f of the GDPR) to answer inquiries directed to us. We delete the data accruing in this context after storage is no longer necessary, or restrict processing if there are legal obligations to retain data.
1.9 Customer surveys
From time to time we conduct customer surveys in order to get to know our customers and their wishes better. In doing so, we collect the data requested in each case. It is our legitimate interest to get to know our customers and their wishes better, so that the legal basis for the associated data processing is Art. 6(1)( 1) lit. f of the GDPR. We delete the data when the results of the surveys have been evaluated.
1.10 Notice for users from Germany
Our website stores information in the terminal equipment of website visitors (e.g. cookies) or accesses information that is already stored in the terminal equipment (e.g. IP addresses). What information this is in detail can be found in the following sections.
This storage and access is based on the following provisions:
- Insofar as this storage or access is absolutely necessary for us to provide the service of our website expressly requested by website visitors (e.g., to carry out a chatbot used by the website visitor or to ensure the IT security of our website), it is carried out on the basis of Section 25 para. 2 no. 2 of the German Telecommunications Digital Services Data Protection Law (Telekommunikation-Digitale-Dienste-Datenschutz-Gesetz), "TDDDG").
- Otherwise, this storage or access takes place on the basis of the website visitor's consent (Section 25 para. 1 TDDDG).
The subsequent data processing is carried out in accordance with the following sections and on the basis of the provisions of the GDPR.
2. DATA PROCESSING ON OUR WEBSITE2.1 Informational use of the website
During informational use of the website, i.e. when site visitors do not separately transmit information to us, we collect the personal data that the browser transmits to our server in order to ensure the stability and security of our website. This is our legitimate interest, so that the legal basis is Art. 6(1)( 1) lit. f of the GDPR.
This data is:
- IP address
- Date and time of the request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status/HTTP status code
- amount of data transferred in each case
- Website from which the request comes
- Browser
- Operating system and its interface
- language and version of the browser software.
This data is also stored in log files. Such data is deleted when their storage is no longer necessary, at the latest after 14 days.
2.2 Web hosting and provision of the website
Our website is hosted by 1&1 IONOS SE, lgendorfer Str. 57, 56410 Montabaur (privacy policy: https://www.ionos.de/terms-gtc/terms-privacy ). In doing so, the provider processes the personal data transmitted via the website, e.g. on content, usage, meta/communication data or contact data. It is our legitimate interest to provide a website, so that the legal basis for data processing is Art. 6(1)(1) lit. f of the GDPR.
2.3 Contact form
When contact is made via the contact form on our website, we store the data requested there and the content of the message. The legal basis for the processing is our legitimate interest in answering inquiries directed to us. The legal basis for the processing is therefore Art. 6(1)( 1) lit. f of the GDPR.
We delete the data accruing in this context after storage is no longer necessary, or restrict processing if there are legal obligations to retain data.
2.4 Vacant positions
We publish vacancies that are available in our company on our website, on pages linked to the website or on third-party websites.
The data provided as part of the application is processed for the purpose of carrying out the application process. Insofar as this is necessary for our decision to establish an employment relationship, the legal basis is Art. 88(1) of the GDPR in conjunction with Section 26(1) German Bundesdatenschutzgesetz (BDSG). We have marked the data required to carry out the application process accordingly or refer to them. If applicants do not provide this data, we cannot process the application.
Further data is voluntary and not required for an application. If applicants provide further information, the basis is their consent (Art. 6(1)(1) lit. a of the GDPR).
We ask applicants to refrain from providing information on political opinions, religious beliefs and similarly sensitive data in their CV and cover letter. They are not required for an application. If applicants nevertheless provide such information, we cannot prevent their processing as part of the processing of the resume or cover letter. Their processing is then also based on the consent of the applicants (Art. 9(2) lit. a of the GDPR).
Finally, we process the applicants' data for further application procedures if they have given us their consent to do so. In this case, the legal basis is Art. 6(1)( 1) lit. a of the GDPR.
We pass on the applicants' data to the responsible employees in the HR department, to our data processors in the area of recruiting and to the employees otherwise involved in the application process.
If we enter into an employment relationship with the applicant following the application process, we delete the data only after the employment relationship has ended. Otherwise, we delete the data no later than six months after rejecting an applicant.
If applicants have given us their consent to use their data for further application procedures as well, we will not delete their data until one year after receiving the application.
2.5 Third-party tools2.5.1 Adition
We use Adition for advertising. The provider is ADITION technologies AG, Oststraße 55, D-40211 Düsseldorf. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the EU.
The legal basis of the processing is Art. 6(1)(1) lit. a of the GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The data will be deleted when the purpose of its collection has ceased to apply and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://www.adition.com/datenschutz .
2.5.2 LinkedIn Insight Tag
We use LinkedIn Insight Tag for conversion tracking. The provider is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The provider processes meta/communication data (e.g. device information, IP addresses) and usage data (e.g. web pages visited, interest in content, access times) in the EU.
The legal basis of the processing is Art. 6(1)(1) lit. a oft he GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The data will be deleted when the purpose of its collection has ceased to apply and there is no obligation to retain it. Further information can be found in the provider's privacy policy at https://www.linkedin.com/legal/privacy-policy? .
2.5.3 Usercentrics
We use Usercentrics for consent management. The provider is Usercentrics GmbH, Sendlinger Straße 7, 80331 Munich. The provider processes meta/communication data (e.g. device information, IP addresses) in the EU.
The legal basis of the processing is Art. 6(1)( 1) lit. f of the GDPR. We have a legitimate interest to easily manage consents of our customers and prospects.
The data will be deleted when the purpose of its collection has ceased to apply and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://usercentrics.com/privacy-policy/ .
2.5.4 Facebook Custom Audiences
We use Facebook Custom Audiences for advertising. The provider is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times) in the USA.
The legal basis of the processing is Art. 6(1)(1) lit. a of the GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are adequacy decision. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided as part of an adequacy decision in accordance with Art. 45 para. 3 GDPR that the third country ensures an adequate level of protection.
We delete the data when the purpose for which it was collected no longer applies. Further information is available in the provider's privacy policy at https://www.facebook.com/policy.php .
2.5.5 Google Web Fonts
We use Google Web Fonts for fonts on the website. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The provider processes meta/communication data (e.g. device information, IP addresses) in the US.
The legal basis of the processing is Art. 6(1)(1) lit. a of the GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are adequacy decision. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided as part of an adequacy decision in accordance with Art. 45 para. 3 GDPR that the third country ensures an adequate level of protection.
Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=de .
2.5.6 Google Ads
We use Google Ads for advertising. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the US.
The legal basis of the processing is Art. 6(1)(1) lit. a of the GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are adequacy decision. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided as part of an adequacy decision in accordance with Art. 45 para. 3 GDPR that the third country ensures an adequate level of protection.
We delete the data when the purpose for which it was collected no longer applies. Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=de .
2.5.7 Google Analytics
We use Google Analytics for analysis. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Dublin, D04e5w5, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the US.
The legal basis of the processing is Art. 6(1)(1) lit. a of the GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are adequacy decision. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided as part of an adequacy decision in accordance with Art. 45 para. 3 GDPR that the third country ensures an adequate level of protection.
The data will be deleted when the purpose of its collection has ceased to apply and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=de .
2.5.8 Google Marketing Platform
We use Google Marketing Platform for analysis and advertising. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.
The legal basis of the processing is Art. 6(1)(1) lit. a of the GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are adequacy decision. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided as part of an adequacy decision in accordance with Art. 45 para. 3 GDPR that the third country ensures an adequate level of protection.
We delete the data when the purpose for which it was collected no longer applies. Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=de .
2.5.9 Google Tag Manager
We use Google Tag Manager for analysis and advertising. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. The provider processes usage data (e.g. websites visited, interest in content, access times) in the USA.
The legal basis of the processing is Art. 6(1)(1) lit. a of the GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis for the transfer to a country outside the EEA are adequacy decision. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed because the EU Commission has decided as part of an adequacy decision in accordance with Art. 45 para. 3 GDPR that the third country ensures an adequate level of protection.
We delete the data when the purpose for which it was collected no longer applies. Further information is available in the provider's privacy policy at https://policies.google.com/privacy?hl=de .
2.5.10 The Trade Desk
We use The Trade Desk for advertising. The provider is The Trade Desk, Inc. 42 N. Chestnut St Ventura, CA 93001 USA. The provider processes usage data (e.g. websites visited, interest in content, access times) and meta/communication data (e.g. device information, IP addresses) in the USA.
The legal basis of the processing is Art. 6(1)(1) lit. a of the GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis of the transfer to a country outside the EEA is standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses adopted in accordance with the review procedure under Article 93(2) of the GDPR (Article 46(2)(c) of the GDPR), which we have agreed with the provider.
The data is kept as pseudonymized data for up to 18 months. After 18 months (often earlier), the data is de-identified or aggregated and stored for up to 3 additional years.
More information is available in the provider's privacy policy at https://www.thetradedesk.com/de/privacy .
2.5.11 TikTok pixel
We use the TikTok pixel for analysis and advertising. The provider is TikTok, Inc, 10100 Venice Blvd Suite 401 Culver City, CA 90232, USA. The provider processes meta/communication data (e.g. device information, IP addresses) in the US.
The legal basis of the processing is Art. 6(1)(1) lit. a of the GDPR. The processing is based on consent. Data subjects may revoke their consent at any time by contacting us, for example, using the contact details provided in our privacy policy. The revocation does not affect the lawfulness of the processing until the revocation.
The legal basis of the transfer to a country outside the EEA is standard contractual clauses. The security of the data transferred to the third country (i.e. a country outside the EEA) is guaranteed by standard data protection clauses adopted in accordance with the review procedure under Article 93(2) of the GDPR (Article 46(2)(c) of the GDPR), which we have agreed with the provider.
The data will be deleted when the purpose of its collection has ceased to apply and there is no obligation to retain it. Further information is available in the provider's privacy policy at https://www.tiktok.com/legal/privacy-policy?lang=de .
3. DATA PROCESSING ON THE PLATFORM3.1 AS A PROCESSOR
We provide access to the Platform to registered users. The Platform allows to manage campaigns across multiple DSPs, social media platforms and search engines with the aim of maximising KPIs.
However, we are acting as a processor for the processing of user data in order to provide the platform.
If a user logs in via its Google account, we do not process any personal data of such user in the Platform. It is merely used to give our app permission to receive non- personal, aggregated data of customer’s marketing campaigns. The customer has undertaken to obtain all necessary consent for sharing this data with us and provides the users the possibility to opt out.
Recipients of this aggregated data may be:
- HubSpot, Inc., 25 1st Street Cambridge, MA 0214, USA
- Amazon Web Services EMEA Sàrl, Avenue John F. Kennedy 38, 1855
Luxembourg, Luxembourg
Google’s Limited Use Policy
The use of our DRWN platform and the transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements. https://developers.google.com/terms/api-services-user-data-policy
3.2. As a controller
Google Analytics is also used on the platform. More details on Google Analytics can be found in Section 2.5.7 of this privacy policy.
4. DATA PROCESSING ON SOCIAL MEDIA PLATFORMS
We are represented on social media networks in order to present our company and our services there. The operators of these networks regularly process data of their users for advertising purposes. Among other things, they create user profiles from their online behavior, which are used, for example, to show advertising on the pages of the networks and elsewhere on the Internet that corresponds to the interests of the users. To this end, the operators of the networks store information on user behavior in cookies on the users' computers. Furthermore, it cannot be ruled out that the operators merge this information with other data. Users can obtain further information and instructions on how to object to processing by the site operators in the data protection declarations of the respective operators listed below. It is also possible that the operators or their servers are located in non-EU countries, so that they process data there. This may result in risks for users, e.g. because it is more difficult to enforce their rights or because government agencies access the data.
If users of the networks contact us via our profiles, we process the data provided to us in order to respond to the inquiries. This is our legitimate interest, so that the legal basis is Art. 6(1)(1) lit. f. of the GDPR.
4.1 Facebook
We maintain a profile on Facebook. The operator is Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is available here: https://www.facebook.com/policy.php . A possibility to object to data processing arises via settings for advertisements: https://www.facebook.com/settings?tab=ads .
We are jointly responsible for processing the data of visitors to our profile on the basis of an agreement within the meaning of Art. 26 of the GDPR with Facebook. Facebook explains exactly what data is processed at https://www.facebook.com/legal/terms/information_about_page_insights_data Data subjects can exercise their rights both against us and against Facebook. However, according to our agreement with Facebook, we are obliged to forward requests to Facebook. Data subjects will therefore receive a faster response if they contact Facebook directly.
4.2 Instagram
We maintain a profile on Instagram. The operator is Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The privacy policy is available here: https://help.instagram.com/519522125107875 .
4.3 Tiktok
We maintain a profile on Tiktok. The operator is TikTok, Inc., 10100 Venice Blvd Suite 401 Culver City, CA 90232, USA. The privacy policy is available here: https://www.tiktok.com/de/privacy-policy .
4.4 X (previous Twitter)
We maintain a profile on Twitter. The operator is Twitter International Unlimited Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 Ireland . The privacy policy is available here: https://twitter.com/de/privacy . One way to object to data processing is via the settings for advertisements: https://twitter.com/personalization .
4.5 LinkedIn
We maintain a profile on LinkedIn. The operator is LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland. The privacy policy is available here: https://www.linkedin.com/legal/privacy-policy?_l=de_DE . One way to object to data processing is via the settings for advertisements: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out .
4.6 Xing
We maintain a profile on Xing. The operator is New Work SE, Dammtorstraße 29-32, 20354 Hamburg. The privacy policy is available here: https://privacy.xing.com/de/datenschutzerklaerung .
5. CHANGES TO THIS PRIVACY POLICY
We reserve the right to change this privacy policy with effect for the future. A current version is always available here.
6. QUESTIONS AND COMMENTS
If you have any questions or comments regarding this privacy policy, please feel free to contact our data protection officer us using the contact information provided above under 1.1.