Privacy policy

Data Protection Policy

Personal data (hereinafter usually referred to as "data") is processed by us only as necessary and for the purpose of providing a functional and user-friendly website, including its content and the services offered therein.

Pursuant to Article 4(1) of Regulation (EU) 2016/679, i.e. the EU General Data Protection Regulation (hereinafter referred to only as "GDPR"), "processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

With the following data protection policy, we inform you in particular about the nature, scope, purpose, duration and legal basis of the processing of personal data, insofar as we decide either alone or jointly with others on the purposes and means of processing. In addition, we inform you below about the third-party applications we use for optimization purposes and to increase the usability quality, insofar as third parties process data as independent controllers.

Our Data Protection Policy is structured as follows:

I. Information about us as controllers

II. Rights of data subjects and users

III. Information on processing

I. Information about us as controllers

Joint controllers of processing of personal data on this website are:

Backbone GmbH
Karl-Marx-Straße 97-99
12043 Berlin
Deutschland
Telephone: +49 32 212 29 21 29
Email: hello@bkbn.com

Backbone Art SA
8 Rue Muzy
1207 Geneva
Schweiz

Data Protection Officer:
Federico Leis
Karl-Marx-Straße 97-99
DE332309621
federico@bkbn.com

II. Rights of data subjects and users

With regard to the data processing described in more detail below, users and data subjects have the right :

- to confirmation as to whether data concerning you is being processed, access to the data being processed, further information about the processing and copies of such personal data (cf. also Art. 15 GDPR);

- to rectification of inaccurate personal data and to have incomplete personal data completed (cf. also Art. 16 GDPR);

- to erasure of personal data concerning you (cf. also Art. 17 DSGVO), alternatively, insofar as further processing is necessary in accordance with Art. 17(3) GDPR, to restriction of processing in accordance with Art. 18 GDPR;

- to receive the data concerning and provided by you and to transmit this data to other providers/controllers (cf. also Art. 20 GDPR);

- to withdraw any consent you may have given;

- to lodge a complaint with a supervisory authority if you consider that the processing of the personal data relating to you by us infringes data protection law (cf. also Art. 77 GDPR).

    In addition, we are obliged to communicate any rectification or erasure of data or restriction of processing carried out in accordance with Articles 16, 17(1) and 18 GDPR to each recipient to whom data has been disclosed by us. However, this obligation does not apply insofar as this notification is impossible or involves a disproportionate effort. Notwithstanding this, you have a right to information about these recipients.

    Likewise, pursuant to Article 21 of the GDPR, data subjects have the right to object to the future processing of data relating to them, where the data is processed by us pursuant to Article 6(1)(f) of the GDPR, by contacting us or the Data Protection Officer (e.g. by email, contact details above). The cases in which we base the processing on our legitimate interest can be found in this Data Protection Policy. In particular, an objection to the processing of data for the purpose of direct marketing, for example regarding a newsletter, is legitimate.

    III. Information on processing

    Retention

    Your data processed when using our website will be erased or blocked as soon as the purpose of the storage no longer applies, the erasure of the data does not conflict with any statutory retention obligations and no other information is provided below on individual processing procedures.

    Server data

    For technical purposes, to ensure a secure and stable website, data is transmitted by your internet browser to us or to our hosting provider. These so-called server log files are used to collect, among other things, the type and version of your internet browser, the operating system, the website from which you accessed our website (referer URL), the webpage(s) of our website that you visit, the date and time of the respective access as well as the IP address of the Internet connection from which the use of our website takes place.

    The data collected this way is temporarily stored, but not together with other data from you.

    This processing is based on the legal basis of Art. 6(1)(f) GDPR. Our legitimate interest lies in the improvement, stability, functionality and security of our website.

    The data is deleted after seven days at the latest, unless further storage is required for purposes of evidence. Otherwise, the data is exempt from deletion in whole or in part until the final clarification of an incident.

    Cookies

    a) Session cookies

    We use so-called cookies on our website. Cookies are small text files or other storage technologies that are placed and stored on your end device by the internet browser you use. These cookies process certain information about you on an individual basis, such as your browser or location data or your IP address.

    This processing makes our website more user-friendly, effective and secure, as the processing enables, for example, the display of our website in different languages or the offer of a shopping cart function.

    The legal basis for this processing is Art. 6(1)(b) GDPR, insofar as data is processed with the help of these cookies for the purpose of concluding or performing a contract. Insofar as the use of cookies is technically or functionally necessary for the operation of our website, our legitimate interest lies in ensuring the functionality of our internet presence. Legal basis is then Art. 6(1)(f) GDPR.

    These session cookies are deleted when you close your browser.

    b) Third party cookies

    We may also use cookies on our website from our partners with whom we cooperate for the purpose of advertising, analysis or the functionalities of our website. The legal basis for the setting and processing of cookies is your prior consent in accordance with Art. 6(1)(a) GDPR.

    For further details, in particular the purposes and legal basis for the processing of such third-party cookies, please refer to the following information.

    c) Possibility to delete cookies

    You can prevent or restrict the installation of cookies by setting your internet browser. You can also delete cookies that have already been stored at any time. However, the steps and measures required for this depend on the specific internet browser you use. If you have any questions, please use the help function or documentation of your Internet browser or contact its developer or support. Insofar as we use so-called Flash cookies, these are not collected by your browser, but by your Flash plug-in. Flash cookies store the required data independently of the browser you are using and have no automatic expiry date. If you do not want Flash cookies to be processed, you must install a suitable add-on. If you have any questions, please also use the help function or documentation of your Flash player or contact the developer or customer support.

    However, if you prevent or restrict the installation of cookies, this may mean that not all functions of our website can be fully used.

    Performance of contract

    The data provided by you for the use of our services are processed by us for the purpose of fulfilling the contract and are insofar necessary. Conclusion and performance of the contract are not possible without the provision of your data.

    The legal basis for the processing is Art. 6(1)(b) GDPR.

    We delete the data once the contract has been fully executed, insofar as we do not have to retain it due to the retention periods under tax and commercial law.

    Customer account / registration

    If you create a customer account with us via our website, we will collect and store the data you entered during registration (e.g. your name, address or email address) exclusively for precontractual services, for the fulfilment of the contract or for the purpose of customer service (e.g. to provide you with an overview of your previous orders with us). At the same time, we store the IP address and the date of your registration together with its time. Of course, this data will not be passed on to third parties.

    During the further registration process, your consent to this processing might be obtained and reference will be made to this Data Protection Policy. The data collected by us in this process will be used exclusively for the provision of the customer account.

    Insofar as you consent to this processing, Art. 6(1)(a) GDPR is the legal basis for the processing. If the opening of the customer account also serves precontractual actions or the performance of the contract, the legal basis for this processing is also Art. 6(1)(b) GDPR.

    In accordance with Art. 7(3) GDPR, you may withdraw your consent to the opening and running of the customer account at any time with effect for the future. To do so, you only need to inform us of your withdrawal.

    The data collected insofar will be deleted as soon as the processing is no longer necessary. However, we must observe retention periods under tax and commercial law.

    Newsletter

    We send a newsletter to our customers and to other individuals (especially registered users of our platform and creatives who are part of our community or those who want to join our community). In doing so, we process your email address, but also perform analyses of reading behavior. In particular, we analyze how many times the newsletter is opened, the click rate, the bounce rate, which links are clicked and the cancellation of the newsletter subscription. For this purpose, we use the data that your browser automatically transmits to us when you click on a link, as well as so-called tracking pixels. Tracking pixels are small image files that are automatically loaded when the email is displayed. Thus, for example, your IP address and various configurations of your end device are communicated to us, which allows us to identify you as a specific user.

    The legal basis for sending the newsletter to our customers and for analyzing user behavior is Art. 6(1)(f) GDPR, since it is in our legitimate interest to maintain contact with our customers and to inform them about new offers or products and to better understand their consumer preferences. If we send the newsletter to non-customers who have registered for the newsletter, the legal basis for sending and for the analysis of user behavior is the consent of the data subject pursuant to Art. 6(1)(a) GDPR.

    All recipients of the newsletter can unsubscribe at any time by clicking on an unsubscribe link in the newsletter and thus revoke your consent or object to the sending of the newsletter.

    To send the newsletter, we use the tool ActiveCampaign of ActiveCampaign LLC, 1 North Dearborn St, 5th Floor, Chicago, IL 60602, US. In the process, personal data may be transferred to the United States, Australia or Ireland. The US and Australia are not members of the European Economic Area (EEA). We therefore use EU standard contractual clauses as the basis for the transfer. ActiveCampaign acts as a processor on our behalf, so we have concluded a processing contract in accordance with Article 28(3) GDPR. However, ActiveCampaign also processes certain transferred data for its own purposes. ActiveCampaign itself is independent controller of that processing. We therefore refer to the data protection policy of ActiveCampaign for the description of this processing.

    Google Analytics

    We process your personal data in order to optimize our website and products. In the process, pseudonymized user profiles are created and cookies are set on your device. The legal basis for the processing is Art. 6 (1) lit. a GDPR.

    Google analyzes user behavior on the website via the web analytics tool Google Analytics on our behalf. This allows us to track, among other things, how long visitors stay on our website and which pages are accessed. This allows us to identify which of our pages are the most popular and where there may be need for improvement. Furthermore, pseudonymous user profiles can be created. For these purposes, Google uses cookies, with the help of which usage information is transferred to Google servers in the USA.

    Prior to this, however, your IP address on our website is shortened (i.e. the last digits are deleted) using a special script to protect your rights. This shortened IP address is transmitted to Google servers in the USA. The shortening of the IP address also takes place via Google, but usually on servers within the EU or other signatory states to the Agreement on the European Economic Area. In exceptional cases, according to Google, it may happen nevertheless that data is transmitted to the USA for shortening. According to Google, the (full) IP address transmitted for shortening is not merged with any other data that Google holds about you.

    We refer you to Google's privacy policy for further details. You have various options to prevent the use of Google Analytics:

    - You do not give your consent via our data protection banner when visiting our website for analytics purposes or revoke your consent there.

    - You can prohibit the setting of cookies in the settings of your browser. To make the settings, please ask the help and support section of your browser provider.

    - You install a free browser plugin.

      Contact requests/ contact channels

      If you contact us via contact form or e-mail, the data you provide will be used to process your request. The provision of the data is necessary for processing and answering your request - without their provision, we can not answer your request or at best limited.

      The legal basis for this processing is Art. 6(1)(f) GDPR. Our legitimate interest in this regard is to be able to respond to you. Insofar as your contact serves to initiate or perform a contract, the legal basis is Art. 6(1)(b) GDPR.

      Your data will be deleted if your inquiry has been answered conclusively and the deletion does not conflict with any legal obligations to retain data, such as in the case of any subsequent contract processing.

      Joint control

      Since Backbone GmbH and Backbone Art SA share joint operations, both legal entities may have access to and may process your personal data in accordance with and in the scope described by this data protection policy. We are joint controllers for the processing of your personal data and have entered into a joint controller agreement pursuant to Art. 26 GDPR. In this agreement, we have determined our respective responsibilities for compliance with the obligations when processing your personal data under the GDPR, in particular regarding the exercise of data subject rights. In any case, you may exercise your data subject request vis-à-vis each joint controller.

      We will also provide you with a summary of the material terms of our joint controller agreement upon request. Please direct such request to our data protection officer.

      For the purposes of our joint operations, Backbone GmbH may transfer your personal data to Backbone Art SA. Therefore, your personal data may leave the European Economic Area to Switzerland. However, the Commission of the EU has decided that Switzerland ensures an adequate level of protection for personal data.

      Vimeo

      We embed videos on our website that are hosted on the Vimeo platform. When viewing the videos and, possibly, already when viewing the website on which a video is embedded, personal data is processed by Vimeo and, for example, also transferred to the USA. For details of the processing, we refer to the data protection policy of Vimeo, which is controller of this processing under data protection law. Vimeo is a platform of Vimeo, Inc, 555 West 18th Street, New York, New York 10011, USA.To ensure the protection of your personal data, we have concluded the EU standard contractual clauses of the European Commission in the controller-to-controller version with Vimeo.

      The legal basis for the processing is Art. 6 (1) lit. f DSGVO, insofar as the data transfer is technically necessary to display the videos.