We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Nua Studios GmbH. The use of the Internet pages of the Nua Studios GmbH is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Nua Studios GmbH. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Nua Studios GmbH has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Nua Studios GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data subject is any identified or identifiable natural person, whosepersonal data is processed by the controller responsible for theprocessing.
Processing is any operation or set of operations which is performedon personal data or on sets of personal data, whether or not byautomated means, such as collection, recording, organisation,structuring, storage, adaptation or alteration, retrieval, consultation,use, disclosure by transmission, dissemination or otherwise makingavailable, alignment or combination, restriction, erasure ordestruction.
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal dataconsisting of the use of personal data to evaluate certain personalaspects relating to a natural person, in particular to analyse orpredict aspects concerning that natural person's performance at work,economic situation, health, personal preferences, interests,reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a mannerthat the personal data can no longer be attributed to a specific datasubject without the use of additional information, provided that suchadditional information is kept separately and is subject to technicaland organisational measures to ensure that the personal data are notattributed to an identified or identifiable natural person.
Processor is a natural or legal person, public authority, agency orother body which processes personal data on behalf of the controller.
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Recipient is a natural or legal person, public authority, agency oranother body, to which the personal data are disclosed, whether a thirdparty or not. However, public authorities which may receive personaldata in the framework of a particular inquiry in accordance with Unionor Member State law shall not be regarded as recipients; the processingof those data by those public authorities shall be in compliance withthe applicable data protection rules according to the purposes of theprocessing.
Third party is a natural or legal person, public authority, agency orbody other than the data subject, controller, processor and personswho, under the direct authority of the controller or processor, areauthorised to process personal data.
Consent of the data subject is any freely given, specific, informedand unambiguous indication of the data subject's wishes by which he orshe, by a statement or by a clear affirmative action, signifiesagreement to the processing of personal data relating to him or her.
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Nua Studios GmbH
Alter Oßweiler Weg 33
71638 Ludwigsburg
Deutschland
Email: contact@nuastudios.com
Website: nuastudios.com
The website of the Nua Studios GmbH collects a series of general data andinformation when a data subject or automated system calls up thewebsite. This general data and information are stored in the server logfiles. Collected may be (1) the browser types and versions used, (2) theoperating system used by the accessing system, (3) the website fromwhich an accessing system reaches our website (so-called referrers), (4)the sub-websites, (5) the date and time of access to the Internet site,(6) an Internet protocol address (IP address), (7) the Internet serviceprovider of the accessing system, and (8) any other similar data andinformation that may be used in the event of attacks on our informationtechnology systems.
When using these general data and information, the Nua Studios GmbH doesnot draw any conclusions about the data subject. Rather, thisinformation is needed to (1) deliver the content of our websitecorrectly, (2) optimize the content of our website as well as itsadvertisement, (3) ensure the long-term viability of our informationtechnology systems and website technology, and (4) provide lawenforcement authorities with the information necessary for criminalprosecution in case of a cyber-attack. Therefore, the Nua Studios GmbH analyzes anonymously collected data and information statistically, withthe aim of increasing the data protection and data security of ourenterprise, and to ensure an optimal level of protection for thepersonal data we process. The anonymous data of the server log files arestored separately from all personal data provided by a data subject.
On the website of the Nua Studios GmbH, users are given the opportunity tosubscribe to our enterprise's newsletter. The input mask used for thispurpose determines what personal data are transmitted, as well as whenthe newsletter is ordered from the controller.
The Nua Studios GmbH informs its customers and business partners regularlyby means of a newsletter about enterprise offers. The enterprise'snewsletter may only be received by the data subject if (1) the datasubject has a valid e-mail address and (2) the data subject registersfor the newsletter shipping. A confirmation e-mail will be sent to thee-mail address registered by a data subject for the first time fornewsletter shipping, for legal reasons, in the double opt-in procedure.This confirmation e-mail is used to prove whether the owner of thee-mail address as the data subject is authorized to receive thenewsletter.
During the registration for the newsletter, we also store the IPaddress of the computer system assigned by the Internet service provider(ISP) and used by the data subject at the time of the registration, aswell as the date and time of the registration. The collection of thisdata is necessary in order to understand the (possible) misuse of thee-mail address of a data subject at a later date, and it thereforeserves the aim of the legal protection of the controller.
The personal data collected as part of a registration for thenewsletter will only be used to send our newsletter. In addition,subscribers to the newsletter may be informed by e-mail, as long as thisis necessary for the operation of the newsletter service or aregistration in question, as this could be the case in the event ofmodifications to the newsletter offer, or in the event of a change intechnical circumstances. There will be no transfer of personal datacollected by the newsletter service to third parties. The subscriptionto our newsletter may be terminated by the data subject at any time. Theconsent to the storage of personal data, which the data subject hasgiven for shipping the newsletter, may be revoked at any time. For thepurpose of revocation of consent, a corresponding link is found in eachnewsletter. It is also possible to unsubscribe from the newsletter atany time directly on the website of the controller, or to communicatethis to the controller in a different way.
The newsletter of the Nua Studios GmbH contains so-called tracking pixels.A tracking pixel is a miniature graphic embedded in such e-mails, whichare sent in HTML format to enable log file recording and analysis. Thisallows a statistical analysis of the success or failure of onlinemarketing campaigns. Based on the embedded tracking pixel, the Nua Studios GmbH may see if and when an e-mail was opened by a data subject, andwhich links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained in thenewsletters are stored and analyzed by the controller in order tooptimize the shipping of the newsletter, as well as to adapt the contentof future newsletters even better to the interests of the data subject.These personal data will not be passed on to third parties. Datasubjects are at any time entitled to revoke the respective separatedeclaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by thecontroller. The Nua Studios GmbH automatically regards a withdrawal from thereceipt of the newsletter as a revocation.
The data controller shall process and store the personal data of thedata subject only for the period necessary to achieve the purpose ofstorage, or as far as this is granted by the European legislator orother legislators in laws or regulations to which the controller issubject to.
If the storage purpose is not applicable, or if a storage periodprescribed by the European legislator or another competent legislatorexpires, the personal data are routinely blocked or erased in accordancewith legal requirements.
Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller the confirmation as to whetheror not personal data concerning him or her are being processed. If adata subject wishes to avail himself of this right of confirmation, heor she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller free information about his orher personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the datasubject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
he recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in thirdcountries or international organisations;
where possible, the envisaged period for which the personal datawill be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controllerrectification or erasure of personal data, or restriction of processingof personal data concerning the data subject, or to object to suchprocessing;
the existence of the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling,referred to in Article 22(1) and (4) of the GDPR and, at least in thosecases, meaningful information about the logic involved, as well as thesignificance and envisaged consequences of such processing for the datasubject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, heor she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller without undue delay therectification of inaccurate personal data concerning him or her. Takinginto account the purposes of the processing, the data subject shall havethe right to have incomplete personal data completed, including bymeans of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, heor she may, at any time, contact any employee of the controller.
Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller the erasure of personal dataconcerning him or her without undue delay, and the controller shall havethe obligation to erase personal data without undue delay where one ofthe following grounds applies, as long as the processing is notnecessary:
The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
The data subject withdraws consent to which the processing is basedaccording to point (a) of Article 6(1) of the GDPR, or point (a) ofArticle 9(2) of the GDPR, and where there is no other legal ground forthe processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for theprocessing, or the data subject objects to the processing pursuant toArticle 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legalobligation in Union or Member State law to which the controller issubject.
The personal data have been collected in relation to the offer ofinformation society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subjectwishes to request the erasure of personal data stored by the Nua Studios GmbH, he or she may, at any time, contact any employee of the controller. An employee of Nua Studios GmbH shall promptly ensure that the erasurerequest is complied with immediately.
Where the controller has made personal data public and is obligedpursuant to Article 17(1) to erase the personal data, the controller,taking account of available technology and the cost of implementation,shall take reasonable steps, including technical measures, to informother controllers processing the personal data that the data subject hasrequested erasure by such controllers of any links to, or copy orreplication of, those personal data, as far as processing is notrequired. An employees of the Nua Studios GmbH will arrange the necessarymeasures in individual cases.
Each data subject shall have the right granted by the Europeanlegislator to obtain from the controller restriction of processing whereone of the following applies:
The accuracy of the personal data is contested by the data subject,for a period enabling the controller to verify the accuracy of thepersonal data.
The processing is unlawful and the data subject opposes the erasureof the personal data and requests instead the restriction of their useinstead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for theestablishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article21(1) of the GDPR pending the verification whether the legitimategrounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subjectwishes to request the restriction of the processing of personal datastored by the Nua Studios GmbH, he or she may at any time contact anyemployee of the controller. The employee of the Nua Studios GmbH will arrangethe restriction of the processing.
Each data subject shall have the right granted by the Europeanlegislator, to receive the personal data concerning him or her, whichwas provided to a controller, in a structured, commonly used andmachine-readable format. He or she shall have the right to transmitthose data to another controller without hindrance from the controllerto which the personal data have been provided, as long as the processingis based on consent pursuant to point (a) of Article 6(1) of the GDPRor point (a) of Article 9(2) of the GDPR, or on a contract pursuant topoint (b) of Article 6(1) of the GDPR, and the processing is carried outby automated means, as long as the processing is not necessary for theperformance of a task carried out in the public interest or in theexercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portabilitypursuant to Article 20(1) of the GDPR, the data subject shall have theright to have personal data transmitted directly from one controller toanother, where technically feasible and when doing so does not adverselyaffect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Nua Studios GmbH.
Each data subject shall have the right granted by the Europeanlegislator to object, on grounds relating to his or her particularsituation, at any time, to processing of personal data concerning him orher, which is based on point (e) or (f) of Article 6(1) of the GDPR.This also applies to profiling based on these provisions.
The Nua Studios GmbH shall no longer process the personal data in theevent of the objection, unless we can demonstrate compelling legitimategrounds for the processing which override the interests, rights andfreedoms of the data subject, or for the establishment, exercise ordefence of legal claims.
If the Nua Studios GmbH processes personal data for direct marketingpurposes, the data subject shall have the right to object at any time toprocessing of personal data concerning him or her for such marketing.This applies to profiling to the extent that it is related to suchdirect marketing. If the data subject objects to the Nua Studios GmbH to theprocessing for direct marketing purposes, the Nua Studios GmbH will no longerprocess the personal data for these purposes.
In addition, the data subject has the right, on grounds relating tohis or her particular situation, to object to processing of personaldata concerning him or her by the Nua Studios GmbH for scientific orhistorical research purposes, or for statistical purposes pursuant toArticle 89(1) of the GDPR, unless the processing is necessary for theperformance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject maycontact any employee of the Nua Studios GmbH. In addition, the data subjectis free in the context of the use of information society services, andnotwithstanding Directive 2002/58/EC, to use his or her right to objectby automated means using technical specifications.
Each data subject shall have the right granted by the Europeanlegislator not to be subject to a decision based solely on automatedprocessing, including profiling, which produces legal effects concerninghim or her, or similarly significantly affects him or her, as long asthe decision (1) is not is necessary for entering into, or theperformance of, a contract between the data subject and a datacontroller, or (2) is not authorised by Union or Member State law towhich the controller is subject and which also lays down suitablemeasures to safeguard the data subject's rights and freedoms andlegitimate interests, or (3) is not based on the data subject's explicitconsent.
If the decision (1) is necessary for entering into, or theperformance of, a contract between the data subject and a datacontroller, or (2) it is based on the data subject's explicit consent,the Nua Studios GmbH shall implement suitable measures to safeguard the datasubject's rights and freedoms and legitimate interests, at least theright to obtain human intervention on the part of the controller, toexpress his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerningautomated individual decision-making, he or she may, at any time,contact any employee of the Nua Studios GmbH.
Each data subject shall have the right granted by the Europeanlegislator to withdraw his or her consent to processing of his or herpersonal data at any time.
If the data subject wishes to exercise the right to withdraw theconsent, he or she may, at any time, contact any employee of the Nua Studios GmbH.
The data controller shall collect and process the personal data ofapplicants for the purpose of the processing of the applicationprocedure. The processing may also be carried out electronically. Thisis the case, in particular, if an applicant submits correspondingapplication documents by e-mail or by means of a web form on the websiteto the controller. If the data controller concludes an employmentcontract with an applicant, the submitted data will be stored for thepurpose of processing the employment relationship in compliance withlegal requirements. If no employment contract is concluded with theapplicant by the controller, the application documents shall beautomatically erased two months after notification of the refusaldecision, provided that no other legitimate interests of the controllerare opposed to the erasure. Other legitimate interest in this relationis, e.g. a burden of proof in a procedure under the General EqualTreatment Act (AGG).
The controller has integrated components of the LinkedIn Corporationon this website. LinkedIn is a web-based social network that enablesusers with existing business contacts to connect and to make newbusiness contacts. Over 400 million registered people in more than 200countries use LinkedIn. Thus, LinkedIn is currently the largest platformfor business contacts and one of the most visited websites in theworld.
The operating company of LinkedIn is LinkedIn Corporation, 2029Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacymatters outside of the UNITED STATES LinkedIn Ireland, Privacy PolicyIssues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each call-up to one of the individual pages of this Internetsite, which is operated by the controller and on which a LinkedIncomponent (LinkedIn plug-in) was integrated, the Internet browser on theinformation technology system of the data subject is automaticallyprompted to the download of a display of the corresponding LinkedIncomponent of LinkedIn. Further information about the LinkedIn plug-inmay be accessed under https://developer.linkedin.com/plugins. During thecourse of this technical procedure, LinkedIn gains knowledge of whatspecific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn,LinkedIn detects with every call-up to our website by the datasubject—and for the entire duration of their stay on our Internetsite—which specific sub-page of our Internet page was visited by thedata subject. This information is collected through the LinkedIncomponent and associated with the respective LinkedIn account of thedata subject. If the data subject clicks on one of the LinkedIn buttonsintegrated on our website, then LinkedIn assigns this information to thepersonal LinkedIn user account of the data subject and stores thepersonal data.
LinkedIn receives information via the LinkedIn component that thedata subject has visited our website, provided that the data subject islogged in at LinkedIn at the time of the call-up to our website. Thisoccurs regardless of whether the person clicks on the LinkedIn button ornot. If such a transmission of information to LinkedIn is not desirablefor the data subject, then he or she may prevent this by logging offfrom their LinkedIn account before a call-up to our website is made.
LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility tounsubscribe from e-mail messages, SMS messages and targeted ads, as wellas the ability to manage ad settings. LinkedIn also uses affiliatessuch as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore,Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacypolicy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn CookiePolicy is available under https://www.linkedin.com/legal/cookie-policy.
Art. 6(1) lit. a GDPR serves as the legal basis for processingoperations for which we obtain consent for a specific processingpurpose. If the processing of personal data is necessary for theperformance of a contract to which the data subject is party, as is thecase, for example, when processing operations are necessary for thesupply of goods or to provide any other service, the processing is basedon Article 6(1) lit. b GDPR. The same applies to such processingoperations which are necessary for carrying out pre-contractualmeasures, for example in the case of inquiries concerning our productsor services. Is our company subject to a legal obligation by whichprocessing of personal data is required, such as for the fulfillment oftax obligations, the processing is based on Art. 6(1) lit. c GDPR.In rare cases, the processing of personal data may be necessary toprotect the vital interests of the data subject or of another naturalperson. This would be the case, for example, if a visitor were injuredin our company and his name, age, health insurance data or other vitalinformation would have to be passed on to a doctor, hospital or otherthird party. Then the processing would be based on Art. 6(1) lit. dGDPR. Finally, processing operations could be based on Article 6(1) lit. fGDPR. This legal basis is used for processing operations which are notcovered by any of the abovementioned legal grounds, if processing isnecessary for the purposes of the legitimate interests pursued by ourcompany or by a third party, except where such interests are overriddenby the interests or fundamental rights and freedoms of the data subjectwhich require protection of personal data. Such processing operationsare particularly permissible because they have been specificallymentioned by the European legislator. He considered that a legitimateinterest could be assumed if the data subject is a client of thecontroller (Recital 47 Sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1) lit. fGDPR our legitimate interest is to carry out our business in favor ofthe well-being of all our employees and the shareholders.
The criteria used to determine the period of storage of personal datais the respective statutory retention period. After expiration of thatperiod, the corresponding data is routinely deleted, as long as it is nolonger necessary for the fulfillment of the contract or the initiationof a contract.
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
As a responsible company, we do not use automatic decision-making or profiling.
Developed by the specialists for LegalTech at Willing & Able that also developed the system for employee time tracking software. The legal texts contained in our privacy policy generator have been provided and published by Prof. Dr. h.c. Heiko Jonny Maniero from the German Association for Data Protection and Christian Solmecke from WBS law.