Who are we?
The responsible party within the meaning of the TPA is:
The Color Agent
Dallas, Texas, USA
Legal bases for the processing of personal information
The following legal bases enable us to process personal information and we only process your data if at least one of the following applies:
You have given us your consent to process data for a specific purpose. An example would be the storage of your entered data of a contact form.
In order to fulfil a contract or pre-contractual obligations with you, we process your data. For example, if we conclude a contract with you, we need personal information in advance.
• Legal obligation
If we are subject to a legal obligation, we process your data. For example, we are legally obliged to keep invoices for accounting purposes. These usually contain personal information.
• Legitimate interests
In the case of legitimate interests that do not restrict your fundamental rights, we reserve the right to process personal information. For example, we need to process certain data in order to operate our website in a secure and economically efficient manner. This processing is therefore a legitimate interest.
What is Personal information?
Personal identifiable information (“Personal Information”) is information about your person. This includes, for example, information such as your name, address, telephone number or e-mail address, but also data such as your location, IP address or bank details. It is not necessary for you to disclose personal information in order to use this website. In certain cases, however, we need your name and address as well as other information so that we can provide the requested services.
This applies, for example, to call-back requests, to send you information material or to answer individual questions by e-mail. In addition, we only store and process data that you provide to us voluntarily or automatically.
Voluntarily provided personal information
We require a number of personal information when you make use of our services and generally only collect data that is required to provide the services.
We process users’ personal information only in compliance with the TPA. This means that user data is only processed if a legal basis is applicable. For example, if the data processing is necessary for the provision of our contractual services as well as online services, or is required by law, a consent of the user is available, as well as due to our legitimate interests.
a) Contacting us
When contacting us, your details (Name, E-mail and your message) are processed for the purpose of handling the contact request and its processing pursuant to a contract or pre-contractual obligations. Your details may be stored in our customer relationship management system (“CRM system”).
b) Provision of contractual services (Joining our community)
We process inventory data (e.g., names and addresses as well as contact data, sexual orientation and gender identification, and the age group of users wishing to you join our community) and content data for the purpose of fulfilling our contractual obligations and services. This data is passed on to third parties if there is a legal obligation to do so or on the basis of our legitimate interests for example in the economic and effective operation of our business. If we ask you for further data, this is voluntary information. Personal information is processed exclusively to fulfill the requested service and to protect our own legitimate business interests.
We send newsletters, e-mails and other electronic notifications with promotional information and only with the consent of the recipients or a legal permission. Apart from that, our newsletters contain information about our offers, events and promotions. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. The legal basis is your consent as well as our legitimate interest.
d) YouTube Videos
On our website, we implement videos of the video portal “YouTube” of the company Google Inc.
Doing so, we use the “extended data protection mode” option provided by Google. When you call up a page that has an embedded video, a connection is established to Google’s servers and in the process the content is displayed on the website by notifying your browser. According to Google’s information, in “extended data protection mode” your data – in particular which of our Internet pages you have visited as well as device-specific information including the IP address – is only transmitted to the YouTube server when you watch the video. By clicking on the video, you consent to this transmission. If you are logged in to Google at the same time, this information will be assigned to your YouTube account. You can prevent this by logging out of your member account before visiting our website. The legal basis for the use of YouTube is your consent as well as our legitimate interest.
On our pages, functions of the music service Spotify are integrated. This allows a direct connection between your browser and the Spotify server to be established via the plug-in when you visit our pages. Spotify thereby receives the information that you have visited our site with your IP address. If you click the Spotify button while logged into your Spotify account, you can link the content of our pages on your Spotify profile. This allows Spotify to associate the visit to our pages with your user account. If you do not want Spotify to be able to associate the visit to our pages with your Spotify user account, please log out of your Spotify user account.
Automatically provided personal information
In the following sections, we explain the data processing in context of automatic collection when you use our website.
The hosting services used by us for the purpose of operating our website is GoDaddy LLC. In doing so GoDaddy, processes inventory data, contact data, content data, usage data, meta data and communication data of customers, interested parties and visitors of our website and services, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services and the conclusion of the contract for our services, including but not limited to our services).
b) Collection of access data and log files
We, or rather GoDaddy on our behalf, collect data on every access to our website on the basis of our legitimate interest. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident is finally clarified.
d) Google Analytics
On the basis of our legitimate interests and your consent (i.e., interest in the analysis, optimization and economic operation of our website) Google Analytics, a web analytics service provided by Google Inc. The information generated by the cookie about the use of the online offer by the users is usually transmitted to a Google server and stored there.
Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. In doing so, pseudonymous user profiles can be created from the processed data.
The IP address transmitted by your browser will not be merged with other data from Google. You can prevent the storage of cookies by setting your browser accordingly. You can also prevent the collection of the data generated by Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
d) Facebook Remarketing (Facebook pixel, Facebook conversion, Facebook ads)
On the same legal basis as Google Analytics, we use so-called “Facebook pixels” of the social network Facebook, which is operated by Meta Platforms Inc. With the help of the Facebook pixels (_fbp and fr), it is possible for Facebook to determine the visitors of our website as a target group for the display of advertisements, so-called “Facebook ads”.
You can object to the collection by the Facebook pixels and use of your data for the display of Facebook ads. To do so, you can visit the page set up by Facebook and follow the instructions there on the settings for usage-based advertising: https://www.facebook.com/settings?tab=ads or declare the objection via the US page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/
Advertising and Marketing
We use the data you provide to fulfil and process our contract and to respond to your enquiries in or on the basis of your consent. Insofar as you have also given us your separate consent to process your data for consulting, marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.
You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.
Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe (or opt out).
We maintain presences in the “social media”. Insofar as we have control over the processing of your data, we ensure that they comply with the TPA and HB 3746. However, you use these platforms and their functions on your own responsibility. This applies in particular to the use of the interactive functions (e.g., commenting, sharing, rating).
In addition, we collect data for statistical purposes in order to be able to further develop and optimize the content and to make our offer more attractive. The data required for this purpose (e.g., total number of page views, page activities and data provided by visitors, interactions) are processed and made available by the social networks. The storage and analysis also takes place across devices; this applies in particular, but not exclusively, if you are registered as a member and logged in to the respective platforms. We do not collect or process any other personal data. The processing of your personal data by us is based on our legitimate interest. We have no influence on the generation and presentation of this data.
We take organizational, contractual, and technical security measures in accordance with the state of the art to ensure that the provisions of the TPA and the Texas Data Breach Law (HB 3746) are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
Nonetheless, databases or data sets that include personal information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose personal information may have been compromised, and the notice will be accompanied by a description of action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.
Disclosure of data to third parties and third-party providers
Data is only passed on to third parties within the framework of legal permissions. We only pass on user data to third parties on the basis of consent given or if this is necessary for contractual purposes or on the basis of legitimate interests in the economic and effective operation of our business.
If we use subcontractors to provide our services, we take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of personal information in accordance with the relevant legal provisions.
Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (‘DNT’) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
Do Not Sell
We do not sell data to third parties. However, we might, making available, transfer, communicate electronically, consumer’s personally identifiable information by the business to a business affiliated inclusive with a third party but not for monetary but for other valuable consideration.
Personal data and children
The services available on our website are aimed at people aged 18 and over. We will not knowingly collect, use or disclose personal data from minors under the age of 18 without first obtaining consent from a legal guardian through direct offline contact.
Below we inform you about the rights to which you may be entitled to. These rights are:
a) Right to Know
You can request information about how we have collected, used, shared, disclosed, and otherwise processed your personal information during the past 12 months, including the right to request the specific pieces of personal information that we possess.
b) Right of Deletion
You can request that we delete any of the personal information that we have collected from you. We may deny your deletion request pursuant to certain exceptions, and the response we provide will explain any reason for denying your request.
c) Right of Non-Discrimination
You have the right to not receive discriminatory treatment by us for exercising any of your rights.
d) Right to Opt-Out of Sale
We do not sell your personal information.
To assert these rights, please contact us at any time using the details provided. Nonetheless, the above rights may be limited in some circumstances, for example, if fulfilling your request would reveal personal information about another person, if you ask us to delete information which we are required to have by law, or if we have compelling legitimate interests to keep it.
We will let you know if that is the case and will then only use your information for these purposes. You may also be unable to continue using our services if you want us to stop processing your personal information.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore.
Links to other websites
The website may contain links to another website. We have no control over the privacy practices or the content of those other website. Therefore, we recommend that you carefully read the respective privacy policies of these other website that you visit.
Because we’re always looking for new and innovative ways to improve our website and services, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes.
Who should I contact for more information?
The Color Agent
Dallas, Texas, USA