Privacy Policy
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Contact
Responsible person
Contact us at any time. The person responsible for data processing is: Fabian Foelsch, Revalerstraße 30, 10245 Berlin Deutschland, 030 609859430, info@brain-effect.com
We will only use your email address to process your request. Finally your data will be deleted, unless you have agreed to further processing and use.
We use the appointment booking function “Calendly” from the provider Calendly LLC (BB&T Tower, 271 17th St NW, Atlanta, GA 30363, USA) on our website.
Customer account Orders
Evaluations Advertising
On publication of your comment only the name you have entered will be published.
Your data will be forwarded to a service provider for email marketing in the course of order processing. It will not be forwarded to other third parties.
Shipping companies Merchandise management
Xentral ERP Software GmbH, Fuggerstraße 11, 86150 Augsburg
Payment service providers Credit check
Use of PayPal
On our website we use the PayPal payment service of PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The data processing serves the purpose of offering you payment via the payment service. By selecting and using payment via PayPal, the data required for processing the payment will be transmitted to PayPal in order to enable us to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
All PayPal transactions are subject to PayPal Privacy Policy. You can find these at https://www.paypal.com/de/webapps/mpp/ua/privacy-full
Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm. For this purpose we will transmit the personal data required for a credit assessment to the above company and use the information received on the statistical likelihood of a payment default for a balanced decision on the justification, execution or termination of the contractual relationship. The credit check can include probability values (score values) which are calculated on the basis of scientifically recognised mathematical and statistical procedures, taking address information among other things into account. Your interests worthy of protection will be taken into account in accordance with legal requirements. The data processing is for the purpose of credit checking for initiation of contract. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our justified interest in protection from payment default when paying in advance. You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR by contacting us, for reasons relating to your personal situation. The provision of data is required for conclusion of contract with your desired payment method. Failure to provide it will mean that the contract cannot be concluded with your desired payment method.
Use of Klarna payment options
On our website we use the payment service of Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"). By selecting and using payment via Klarna, the data required for payment processing is transmitted to Klarna in order to be able to fulfil the contract with you with the selected payment method. This processing is carried out on the basis of Art. 6 para. 1 lit. b GDPR.
"Pay Later" (invoice), "Pay Now" (payment by direct debit), "Financing" (hire purchase)
For individual payment methods such as "Pay Later" (invoice), "Pay Now" (payment by direct debit), "Financing" (hire purchase), Klarna reserves the right, if necessary, to obtain a credit report on the basis of mathematical-statistical procedures using credit reference agencies.
For this purpose, Klarna transmits the personal data required for a credit assessment, such as first and last name, address, gender, email address, IP address and data related to the order to a credit agency for the purpose of checking the identity and creditworthiness and uses the obtained information on the statistical probability of a payment default in order to reach a well-considered decision on the establishment, performance or termination of the contractual relationship. The credit report may contain probability values (score values) which are calculated on the basis of scientifically recognised mathematical-statistical methods and include, among other things, address data. Your legitimate interests will be taken into account in accordance with the legal requirements. The data processing serves the purpose of a credit asessment for contract initiation. The processing is carried out on the basis of art. 6 Par. 1 lit. f GDPR due to our overriding legitimate interest in protection against payment default if Klarna pays in advance. For reasons that arise from your particular situation, you have the right to object to the processing of your personal data carried out on the basis of Art. 6 para. 1 lit. f GDPR by notifying Klarna. The provision of the data is necessary for the conclusion of the contract by means of the payment method of your choice. Failure to provide such data shall mean that the contract cannot be concluded with the payment method of your choice.
Further information, in particular to which credit agencies Klarna passes on your personal data, can be found for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/credit_rating_agencies and for Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/credit_rating_agencies.
General information about Klarna can be found for Germany at: https://www.klarna.com/de/ and for Austria at https://www.klarna.com/at/. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's data protection policy for Germany at: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy and for Austria at: https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/privacy.
Cookies
Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.
Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.
The use of cookies or comparable technologies is carried out on the basis of Art. 25 para. 2 TTDSG. Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.
Analysis Advertising tracking Communication
Our website uses the web analysis service Google Analytics from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; “Google”).
The processing of data serves to analyse this website and its visitors and for marketing and advertising purposes. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services to the website operator relating to website and internet use. In this process the following information, inter alia, can be collected: IP address, date and time of the website access, click path, information on the browser and the device you are using, the pages visited, referrer URL (website via which you accessed our website), location data, purchasing activities. The IP address transmitted from your browser within the scope of Google Analytics is not associated with any other data held by Google. Google Analytics uses technology such as cookies, web storage in the browser, and tracking pixels which enable an analysis of your use of the website. The information generated by these regarding your use of this website is usually transferred to a Google server in the USA and stored there. Google relies on standard contractual clauses as suitable guarantees for the protection of personal data, available at: https://policies.google.com/privacy/frameworks and https://business.safety.google/adsprocessorterms/.Both Google and the US government authorities have access to your data. Google may combine your data with other data, such as your search history, personal accounts, usage data from other devices and any other information Google has about you.
You can also prevent the collection of the data (including your IP address) generated by Google Analytics and related to your use of the website by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=de]. To prevent the data collection and storage by Google Analytics across multiple devices you can place an opt-out cookie. Opt-out cookies prevent the future collection of your data when you visit this website. You need to implement the opt-out on all systems and devices that you are using, so that this works comprehensively. If you delete the opt-out cookie, requests will be transmitted to Google again. When you click here the opt-out cookie will be placed: Deactivate Google Analytics. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/analytics/terms/de.html and/or at https://www.google.de/intl/de/policies/ and at https://policies.google.com/technologies/cookies?hl=de.
Use of Facebook Pixel
Our website uses the remarketing function "Custom Audiences" by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland "Facebook").
Meta Platforms Ireland and we are jointly responsible for the collection of your data and the transfer of this data to Facebook when the service is integrated. The basis for this is an agreement between us and Meta Platforms Ireland on the joint processing of personal data, in which the respective responsibilities are defined. The agreement is available at https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible in particular for the fulfilment of the information obligations in accordance with Art. 13, 14 GDPR, for compliance with the security requirements of Art. 32 GDPR with regard to the correct technical implementation and configuration of the service, and for compliance with the obligations in accordance with Art. 33, 34 GDPR, insofar as a violation of the protection of personal data affects our obligations under the agreement on joint processing. Meta Platforms Ireland is responsible for enabling the rights of the data subject in accordance with articles 15-20 of the GDPR, for complying with the security requirements of article 32 of the GDPR with regard to the security of the service, and for complying with the obligations of articles 33, 34 of the GDPR, insofar as a breach of personal data protection concerns Meta Platforms Ireland's obligations under the joint processing agreement.
This application serves to address the visitor to the website with interest-related advertising on the social network Facebook.
We have implemented Facebook’s remarketing tag on our website for this purpose. This tag sets up a direct connection to Facebook’s servers when you visit our website. This informs the Facebook server which of our web pages you have visited. Facebook assigns this information to your personal Facebook user account. When you visit the social network Facebook you will then be shown personalised, interest-related Facebook ads.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available.The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://www.facebook.com/legal/EU_data_transfer_addendum.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the remarketing function "Custom Audiences" here.
You can find more detailed information on Facebook’s collection and use of data and your associated rights and options for protecting your privacy in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.
Use of Google Ads conversion tracking
Our website uses the online marketing program "Google Ads", including conversion tracking (evaluation of user actions). Google conversion tracking is a service operated by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
If you click on adverts placed by Google, a cookie is placed on your computer for conversion tracking. These cookies have limited validity, do not contain any personal data and thus cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Google can recognise that you have clicked on the advert and were forwarded to this page. Every Google Ads customer receives a different cookie. It is therefore not possible to track cookies relating to the websites of Ads customers.
The information collected using the conversion cookie serves the purpose of producing conversion statistics. This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. However, they do not receive any information with which could be used to personally identify users.
Your data may be transmitted to the USA. The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate personalised advertising in Google’s advertising settings. Instructions for this can be found at https://support.google.com/ads/answer/2662922?hl=de.
Alternatively, you can prevent the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You then won’t be included in the conversion tracking statistics.
You can find more information as well as Google’s data privacy policy at: https://www.google.com/policies/privacy/
Use of the remarketing or "similar target groups" function by Google Inc.
Our website uses the remarketing or "similar target groups" function by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google").
This application serves to analyse visitor behaviour and visitor interests.
Google uses cookies to analyse website use, forming the basis for producing interest-related adverts. Cookies allow for the recording of website visits as well as anonymised data on the use of the website. The personal data of website visitors is not saved. If you then visit another website in the Google display network you will then be shown adverts which are more likely to take previous areas of product and information interest into account.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://policies.google.com/privacy/frameworks.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the use of cookies with permanent effect by following the link below and downloading and installing the plug-in provided there: https://support.google.com/ads/answer/7395996?hl=de
Alternatively, you can deactivate the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You can find more detailed information on Google remarketing as well as the associated data privacy policy at: https://www.google.com/privacy/ads/
Use of Microsoft Advertising
Our website uses Microsoft Advertising from Microsoft Corporation (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA; "Microsoft").
The processing of data serves the purposes of marketing and advertising and the purpose of measuring the success of the advertising measures (conversion tracking). This allows us to find out the total number of users who have clicked on our adverts and were forwarded to a page equipped with a conversion tracking tag. It is, however, not possible to identify this user personally through this process. Microsoft Advertising uses technology such as cookies and tracking pixels which make it possible to analyse your use of the website.
If you click on adverts placed by Microsoft Advertising, a cookie is placed on your computer for conversion tracking. This cookie has limited validity and cannot be used for personal identification. If you visit certain pages on our website and the cookie has not yet expired, we and Microsoft can recognise that you have clicked on the advert and were forwarded to this page. In this process the following information, inter alia, can be collected: IP address, identifiers (indicators) assigned by Microsoft, information on the browser and device you are using, Referrer URL (website via which you accessed our website), URL of our website. Your data may be transmitted to the USA.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can prevent the storage of cookies by choosing corresponding technical settings in your internet browser; we would, however, like to point out that this may prevent you from making full use of all the functions of this website. You then won’t be included in the conversion tracking statistics. More information on data protection and the cookies used by Microsoft Bing can be found at: https://privacy.microsoft.com/de-de/privacystatement
Use of the "Zendesk Chat" live chat system
Our website uses Zendesk Inc.’s live chat system (1019 Market Street, 6th Floor, San Francisco, California 94103, USA; "Zendesk").
The system serves to facilitate communication between you and us in our role as provider. A usage profile can be generated from this data under a pseudonym. Cookies are used for this purpose. Cookies facilitate recognition of your internet browser.
Your data may be transmitted to the USA.
If Zendesk transmits the data to third countries not covered by an adequacy decision, this will occur on the basis of binding internal data protection provisions according to Article 47 GDPR. These provisions can be found at https://d1eipm3vz40hy0.cloudfront.net/pdf/ZENDESK - BCR Processor Policy.pdf and https://d1eipm3vz40hy0.cloudfront.net/pdf/ZENDESK-BCR-Controller-Policy.pdf.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in direct customer communication. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can prevent the storage of cookies by choosing corresponding technical settings in your internet browser; we would, however, like to point out that this may prevent you from making full use of all the functions of this website.
You can find more detailed information on Zendesk’s collection and use of data and your associated rights and options for protecting your privacy in Zendesk’s privacy policy at: https://www.zendesk.com/company/customers-partners/privacy-policy/.
Plug-ins
Our website uses the Google Tag Manager from Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland; "Google"). This application manages JavaScript tags and HTML tags which are used in particular to implement tracking and analysis tools. The data processing serves to facilitate the needs-based design and optimisation of our website. The Google Tag Manager itself neither stores cookies nor processes personal data. It does, however, enable the triggering of further tags which may collect and process personal data. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/intl/de/tagmanager/use-policy.html
Facebook by Meta Platforms Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland):
https://www.facebook.com/policy.php
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. For the USA, no adequacy decision from the EU Commission is available.The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://www.facebook.com/legal/EU_data_transfer_addendum.
Instagram by Meta Platforms Ireland Limited (4 Grand Canal Square, Dublin 2, Ireland) https://help.instagram.com/155833707900388.
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. For the USA, no adequacy decision from the EU Commission is available.The data transfer takes place, among other things, on the basis of standard contractual clauses as suitable guarantees for the protection of personal data, which can be viewed at: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_de.
LinkedIn by LinkedIn Corporation (2029 Stierlin Court, Mountain View, CA 94043, USA)
https://www.linkedin.com/legal/privacy-policy?trk=uno-reg-guest-home-privacy-policy
Your data may be transmitted to the USA. For the USA, no adequacy decision from the EU Commission is available. For the USA, no adequacy decision from the EU Commission is available.
The request serves to distinguish whether the input was made by a human or automatic machine processing. For this purpose your input will be transmitted to Google and used by them further. In addition, the IP address and any other data required by Google for the reCAPTCHA service will be transferred to Google. This data will be processed by Google within the EU and potentially also in the USA.
Using Vimeo
Our website uses plug-ins from Vimeo Inc. (555 West 18th Street New York, New York 10011, USA; "Vimeo") to integrate videos into the "Vimeo" portal.
If you access pages on our website that contain this kind of plug-in, this will generate a connection to the Vimeo server and indicate the plug-in on the site by means of a message in your browser. Information such as your IP address and which websites you have visited will be transmitted to the Vimeo server.
If you are logged into Vimeo, Vimeo will assign this information to your personal user account. When using the plug-in functions (e.g. starting a video by pressing the appropriate button), this information will also be assigned to your Vimeo account.
Your data may be transmitted to the USA.
The data processing is carried out on the basis of Article 6(1)(f) GDPR due to our legitimate interest in the needs-based and targeted design of the website and the legitimate interest of Vimeo in market analysis and improving its services appropriately and in a targeted manner. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
If you would not like Vimeo to directly assign the information collected to your Vimeo account, you must log out of Vimeo before you visit our site.
Further information on the purpose and scope of enquiry and continued use and processing of the data by Vimeo and your associated rights and options for protecting your privacy can be found in the Vimeo data privacy policy: https://vimeo.com/privacy
Rights of persons affected and storage duration
You can lodge a complaint with, among others, the supervisory authority responsible for us, which you may reach at the following contact details:Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219
Besuchereingang: Puttkamerstr. 16 – 18 (5. Etage)
10969 Berlin
Tel.: +49 30 138890
Fax: +49 30 2155050
E-Mail: mailbox@datenschutz-berlin.de
If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.
last update: 05.01.2023