PRIVACY POLICY
FAKE AGENCY

We, the Fake Agency GmbH, Stargarder Straße 73, 10437 Berlin, Germany (hereinafter also referred to as „we“) are the provider of the websites under the top-level-domain fake.agency (hereinafter referred to as „website“) as well as the provider of the following social media channels and/or profiles: Instagram: www.instagram.com/fake.agency, Facebook: www.facebook.com/hellofake.agency, LinkedIn: https://www.linkedin.com/company/fake-agency (hereinafter jointly referred to as „Social-Media-Channels“).

We take the protection of your personal data very serious. Therefore, we strictly comply with all relevant data protection requirements, in particular with the European General Data Protection Regulations („GDPR“), the German Federal Data Protection act („BDSG“) and the German Tele Media Act („TMG“).

1. Controller, Personal Data

Controller within the meaning of Article 4 (7) GDPR is:

Fake Agency GmbH

Stargarder Straße 73

10437 Berlin

Germany

Tel.: +49 (0) 151 22 632 771

E-Mail: hello@fake.agency

Managing director (Geschäftsführerin): Marie-Louise Sadakane

Commercial Register: Local Court (Amtsgericht) of Charlottenburg (Berlin) HRB 204735

VAT-ID: DE 322713047

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 (Art. 4 (1) GDPR).

2. We collect the following data:

a.) Website

With the exception of data collected via Google Analytics, the use of the website is - at any time - possible without the provision/collection of personal data. Insofar, we do not use any kind of cookies but only cookies used by Google Analytics. Please see further information about Google Analytics (clause 2.c) below).

We provide users of our website with the option to contact us via e-mail. It is your sole decision whether and which information you like to provide to us. However, we would like to point out that the electronical transfer of data - even via encrypted means - might be insecure.

We collect and process the following personal data, if provided by you:

· first and last name,

· company,

· e-mail address,

· address,

· phone number

· your communicated request.

b.) Newsletter

With our newsletter we inform you about us, our products and news concerning our company (hereinafter referred to as "newsletter"). By subscribing to our newsletter, you agree to receive it until revoked.

To subscribe to our newsletter, it is sufficient to enter your e-mail address. Your subscription to receive our newsletter is done in a double-opt-in procedure. After your subscription, you will receive a confirmation e-mail with a link that you must click to release the receipt of the newsletter. We log your newsletter subscription in order to proof your subscription to the newsletter. The processing of your e-mail address for newsletter registration is based solely on your consent (Art. 6 (1) s. 1 lit. a) GDPR).

Our newsletters are sent via "MailChimp", a newsletter distribution platform of Rocket Science Group, LLC, located at 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA (hereinafter referred to as "MailChimp").

MailChimp is used on the basis of our legitimate interests according to art. 6 (1) s. 1 lit. f) GDPR and an order processing contract according to art. 28 (3) s. 1 GDPR.

The following information from you is stored by MailChimp on their servers in the USA:

· the e-mail address you have entered

· as well as information on how to access and use the newsletter (see below).

The data transfer by MailChimp from the European Union to the USA is based on the standard contractual clauses of the European Commission (Art. 46 (2) GDPR). The privacy policy of MailChimp can be viewed here: https://mailchimp.com/legal/privacy/.

MailChimp uses the above mentioned information to send and evaluate the newsletter on our behalf. Furthermore, MailChimp uses this data to optimize or improve its own offers, e.g. to technically optimize the dispatch and the presentation of the newsletter or to determine from which countries the newsletter recipients come. However, MailChimp does not use this data to pass it on to third parties.

We would like to point out that the newsletters contain a web beacon, i.e. a small file which is retrieved by the server of MailChimp when opening our newsletter. During the retrieval technical information (e.g. type of browser used) as well as your IP address and the time of retrieval are collected. This information is used for technical improvement of the services.

We also use MailChimp to conduct statistical surveys which include the following evaluations: a.) to determine whether a newsletter has been opened, b.) when it was opened and c.) which links are clicked. This information can be assigned to you for technical reasons. However, it is not our intention to monitor you. The evaluation of the information serves us only to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.

You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. Your consent to receive our newsletter via MailChimp and the statistical analyses will expire at the same time. A link to unsubscribe the newsletter can be found at the end of each newsletter.

c.) Google Analytics

We use Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA, which is provided for the European Economic Area and Switzerland by Google Ireland Limited ("Google"), Gordon House, 4 Barrow Street, Dublin 4, Ireland, to ensure that our website is designed to meet your needs and is continuously optimized, as well as to record the use of our website statistically and evaluate it for the purpose of optimizing our offer for you. The legal bases for this are Art. 6 (1) s. 1 lit. f) GDPR ("legitimate interests") and Art. 6 (1) s. 1 lit. a) GDPR ("Your consent").

Google Analytics uses cookies that enable an analysis of your use of the website. The information generated by the cookie about your use of the website is usually transferred to a Google server and stored there. However, personal data may also be transmitted by Google to the servers of Google LLC in the USA, over which we have no influence. We have activated the IP anonymization offered by Google on the website, which means that your IP address is generally shortened by Google within member states of the European Union or in other states which are party to the Agreement on the European Economic Area. Only in exceptional cases the full IP address will be transferred to a Google server in the USA and shortened there. On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide us with further services related to website and internet use. The IP address transmitted by your browser within the context of Google Analytics is not combined with other data from Google.

For the transfer of data from the European Union to third countries (such as the US), Google has so far relied on the EU-US data protection agreement "Privacy Shield". After this agreement was declared invalid by the European Court of Justice in its ruling of 16 July 2020, ref. C-311/18, Google now uses the standard contractual clauses of the European Commission in order to guarantee a level of protection that is adequate to European data protection regulations (Art. 46 (2) GDPR).

You can prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.

You can find more information on terms of use and data protection under http://www.google.com/analytics/terms/de.html or http://www.google.com/intl/de/analytics/privacyoverview.html.

d.) Social-Media-Channels

We maintain online presences within social networks and platforms in order to communicate with you and inform you about our services. On our website you will find links to our social media channels, identified by the respective logo of the service provider. By clicking on the logo you will be directed to the corresponding social media channel. The business conditions and data processing guidelines of the respective operators apply. We have no influence on the data processing by the respective service providers.

If you use the option to mark posts from us in our social media channels (e.g. by using the like-button) and/or to leave comments, these comments and marks are publicly accessible and your name and profile picture are associated with the mark and/or comment. You can remove your comments and marks at any time to the extent enabled by the provider of the social media platform. If you provide us with information via the social-media-channels we collect and process the data you voluntarily provide us with.

The processing of your personal data is based on our legitimate interest in comprehensive information and communication with you in accordance with Art. 6 (1) s. 1 lit. f) GDPR. If you are asked by the respective providers of the platforms for your consent to data processing, the legal basis for processing is Art. 6 (1) s. 1 lit. a) GDPR.

Please find here the provider identification and the privacy policies (including possibilities to object) of the operators of our social-media-channels:

· Facebook (Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland): http://www.facebook.com/policy.php

· Instagram (Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland): https://help.instagram.com/155833707900388

· LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland): https://www.linkedin.com/legal/privacy-policy

3. How do we use your data?

The information you have provided voluntarily via our website (by e-mail) or via social media channels will only be used to process your request. If no contractual relationship is established between you and us, the information provided by you will be deleted as soon as your inquiry is completed. If we enter into a contractual relationship we will keep and process your data during the term of contract and store such data thereafter for the applicable legal retention periods. Thereafter, we will delete your data. We collect and process your data on the legal basis of Art. 6 (1) s. 1 lit. a) GDPR (“Your Consent”), if your inquiry relates to a contractual relationship on the legal basis of Art. 6 (1) s. 1 lit. b) GDPR (“necessary for the performance of a contract”) and on the legal basis of Art. 6 (1) s. 1 lit. f) GDPR (“legitimate interest”).

If not otherwise stipulated hereunder, we do not provide third parties with your data, in particular not for promotional or marketing purposes. We only provide third parties with your data if you have expressly given your consent or if a statutory permission is given.

4. You have the following rights:

As a user of our website and our social-media-channels you have the following rights, subject to the respective statutory requirements:

a) Right of access in accordance with Art. 15 GDPR

b) Right to rectification in accordance with Art. 16 GDPR

c) Right to erasure in accordance with Art. 17 GDPR

d) Right to restriction of processing in accordance with Art. 18 GDPR

e) Right to data portability in accordance with Art. 20 GDPR

f) Right to object in accordance with Art. 21 GDPR

g) Right to withdraw consent in accordance with Art. 7 (3) GDPR

In order to process an inquiry, we reserve the right to verify the identity of the inquirer. This measure serves the purpose of protecting your data against unauthorized access.

You can exercise your rights by contacting us at hello(at)fake.agency. For further contact details please see our imprint.

You also have the right to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. The responsible supervisory authority is the “Berliner Beauftragte für Datenschutz und Informationsfreiheit“ https://www.datenschutz-berlin.de/.

Status: 3 January 2022