Data protection
Data protection and data security are very important to us. Therefore, we treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
The use of our website is usually possible without providing personal information. If personal data (eg name, address or e-mail address) are collected on our website, this is always done on a voluntary basis. Your personal data will not be transmitted to third parties or used for advertising purposes without your consent.
1. Name and contact details of the controller and the company data protection officer
This privacy policy applies to data processing by:
EMA Consulting, Hamburg.
Responsible:
Eva Maria Armborst, Niendorfer Str. 35, 22529 Hamburg,
Tel .: 0151 23122889 – e.armborst@live.com
2. Collection and storage of personal data as well as the nature and purpose of their use
a) When visiting the website
When you visit our website www.ema-media.com, the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information will be collected without your intervention and stored until automated deletion:
IP address of the requesting computer,
Date and time of access,
Name and URL of the retrieved file,
Website from which access is made (referrer URL),
used browser and, if applicable, the operating system of your computer as well as the name of your access provider.
The data mentioned are processed by us for the following purposes:
Ensuring a smooth connection of the website,
Ensuring comfortable use of our website,
Evaluation of system security and stability as well
for further administrative purposes.
The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest follows from the data collection purposes listed above. In no case we use the collected data for the purpose of drawing conclusions about you.
In addition, we use cookies and analysis services when visiting our website. Further details can be found under no. 4 and 5 of this privacy policy.
3. Disclosure of data
A transfer of your personal data to third parties for purposes other than those listed below does not take place.
We only share your personal information with third parties if:
You your according to Art. 6 para. 1 p. 1 lit. a DSGVO have given express consent to this
the disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f DSGVO is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,
in the event that disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c DSGVO is a legal obligation, as well
this is legally permissible and according to Art. 6 para. 1 sentence 1 lit. b DSGVO is required for the settlement of contractual relationships with you.
4. Cookies
We use cookies on our site. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not harm your device, do not contain viruses, Trojans or other malicious software. In the cookie information is stored, each resulting in connection with the specific terminal used. However, this does not mean that we are immediately aware of your identity.
On the one hand, the use of cookies serves to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages on our website. These are automatically deleted after leaving our page.
In addition, to improve usability, we also use temporary cookies that are stored on your device for a specified period of time. If you visit our site again to take advantage of our services, it will automatically recognize that you have already been with us and what inputs and settings you have made, so you do not have to re-enter them.
On the other hand, we use cookies in order to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer (see Section 5). These cookies allow us to automatically recognize when you visit our site again that you have already been with us. These cookies are automatically deleted after a defined time.
The data processed by cookies are for the purposes mentioned in order to safeguard our legitimate interests as well as third parties according to Art. 6 para. 1 sentence 1 lit. f DSGVO required.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or always a hint appears before a new cookie is created. However, disabling cookies completely may mean that you can not use all features of our website.
5. Analysis tools
a) Tracking Tools
The tracking measures listed below and used by us are based on Art. 6 para. 1 sentence 1 lit. f DSGVO. With the tracking measures to be used, we want to ensure a needs-based design and the continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as justified within the meaning of the aforementioned provision.
The respective data processing purposes and data categories can be found in the corresponding tracking tools.
i) Google Analytics
For the purpose of customizing and continually optimizing our pages, we use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.com/intl/en/about/) (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, hereafter “Google”). In this context, pseudonymised usage profiles are created and cookies (see point 4) are used. The information generated by the cookie about your use of this website such as
Browser type / version,
used operating system,
Referrer URL (the previously visited page),
Host name of the accessing computer (IP address),
Time of server request,
are transmitted to a Google server in the US and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and tailor-made website design. This information may also be transferred to third parties if required by law or if third parties process this data in the order. Under no circumstances will your IP address be merged with any other data provided by Google. The IP addresses are anonymized, so that an assignment is not possible (IP masking).
You can prevent the installation of cookies by setting the browser software accordingly; however, we point out that in this case not all features of this website may be fully exploited.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https: //tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can prevent the collection by Google Analytics by clicking on this link. An opt-out cookie will be set that will prevent the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
For more information about privacy related to Google Analytics, see the Google Analytics Help Center (https://support.google.com/analytics/answer/6004245?hl=en).
6. E-mail contact
As soon as you call up the our e-mail address, you automatically leave our website. The provision of personal data in the e-mail to the respective contact person takes place on a voluntary basis.
7. Affected rights
You have the right:
in accordance with Art. 15 DSGVO, to request information about your personal data processed by us. In particular, you can provide information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of a The right to complain, the source of their data, if not collected from us, and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
pursuant to Art. 16 DSGVO, to demand the correction of incorrect or completed personal data stored by us immediately;
in accordance with Art. 17 DSGVO, to demand the deletion of your personal data stored by us, except where the processing is for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims is required;
in accordance with Art. 18 GDPR to demand the restriction of the processing of your personal data, as far as the accuracy of the data is disputed by you, the processing is unlawful, but you reject their deletion and we no longer need the data, but you this to assert, exercise or defense of legal claims or you have objected to processing in accordance with Art. 21 GDPR;
pursuant to Art. 20 GDPR to obtain your personal data provided to us in a structured, common and machine-readable format or to request the transfer to another person responsible;
pursuant to Art. 7 para. 3 DSGVO your once granted consent to revoke against us at any time. As a result, we are not allowed to continue the data processing based on this consent for the future and
according to Art. 77 GDPR to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or work or our office.
8. Right to object
If your personal data are based on legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f DSGVO are processed, you have the right to file an objection against the processing of your personal data in accordance with Art. 21 DSGVO, provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation.
If you would like to exercise your right of revocation or objection, please send an e-mail to e.armborst@live.com.
9. Data security
We use the popular SSL (Secure Socket Layer) method within the site visit, in conjunction with the highest level of encryption supported by your browser. In general, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we’ll use 128-bit v3 technology instead. Whether a single page of our website is encrypted is shown by the closed representation of the key or lock icon in the lower status bar of your browser.
We also take appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
10. Updating and changing this privacy policy
This privacy policy is currently valid and is valid as of May 2018.
As a result of the further development of our website and offers thereof or due to changed legal or official requirements, it may be necessary to change this privacy policy. The current privacy policy can be retrieved and printed by you at any time on the website at https://https://ema-media.com/terms/.
EMA Consulting
Consultancy Terms & Conditions
Please read these Terms and Conditions carefully. All contracts that the Consultant may enter into from time to time for the provision of Social Media Consulting shall be governed by these Terms and Conditions, and the Consultant will ask the Client for the Client’s express written acceptance of these Terms and Conditions before providing any services to the Client.
1. Definitions
1.1 Except to the extent expressly provided otherwise, in these Terms and Conditions:
(a) “Charges” means the following amounts: (i) the amounts specified in the contract between Consultant and Client. (ii) such amounts as may be agreed in writing by the parties from time to time; and (iii) amounts calculated by multiplying the Consultant’s standard time-based charging rates (as notified by the Consultant to the Client before the date of a contract under these Terms and Conditions) by the time spent by the Consultant’s personnel performing the Services specified in the contract (rounded [down by the Consultant to the nearest quarter hour]);
(b) “Client” means the person or entity identified as such above Section 1 of the Statement of Work [contract];
(c) “Client Materials” means all works and materials supplied by or on behalf of the Client to the Consultant for incorporation into the Deliverables or for some other use in connection with the Services;
(d) “Consultant” means Eva Maria Armborst of EMA Consulting, a company incorporated in Germany, (registration number [registration number]) having its registered office at Osterstraße 151, 20255 Hamburg.
(e) “Deliverables” means the services specified in Section 2 of the Statement of Work that the Consultant has agreed to deliver to the Client under these Terms and Conditions;
(f) “Effective Date” means the date of execution / delivery of services, specified in Statement of Work incorporating these Terms and Conditions;
(g) “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
(h) “Services” means the consultancy services specified in Section 1 of the Statement of Work;
(i) “Statement of Work” means a statement of work (contract) agreed by the parties and incorporating these Terms and Conditions by reference;
(j) “Term” means the term of a contract under these Terms and Conditions, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2;
(k) “Terms and Conditions” means these terms and conditions, including any amendments to these terms and conditions from time to time; and
(l) “Third Party Materials” means the works and/or materials comprised in the Deliverables (excluding the Client Materials), the Intellectual Property Rights in which are owned by a third party, and which are specified in Section 2 of the Statement of Work or which the parties agree in writing shall be incorporated into the Deliverables.
2. Credit
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com); edited by the site owner.
3. Term
3.1 A contract under these Terms and Conditions shall come into force upon the Effective Date determined in Consulting contract.
3.2 A contract under these Terms and Conditions shall continue in force [indefinitely / until:
(a) all the Services have been completed;
(b) all the Deliverables have been delivered; and
(c) all the Charges have been paid in cleared funds,
upon which it will terminate automatically], subject to termination in accordance with Clause 11.
3.3 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.
4. Services
4.1 The Consultant shall provide the Services to the Client in accordance with these Terms and Conditions.
4.2 The Consultant shall provide the Services with reasonable skill and care / in accordance with the standards of skill and care reasonably expected from a leading service provider in the Consultant’s industry.
5. Deliverables
5.1 The Consultant shall deliver the Deliverables to the Client.
5.2 The Client must promptly, following receipt of a written request from the Consultant to do so, provide written feedback to the Consultant concerning the Consultant’s proposals, plans, designs and/or preparatory materials relating to the Deliverables and made available to the Client with that written request.
5.3 The Consultant shall ensure / use its best endeavours to ensure / use reasonable endeavours to ensure that the Deliverables are delivered to the Client in accordance with the timetable set out in Section 4 of the Statement of Work.
5.4 The Consultant warrants to the Client that:
(a) the Deliverables will conform with the requirements of Section 2 of the Statement of Work as at the date of delivery of the Deliverables;
(b) the Deliverables will be free from gross negligence / formal errors / copy right violations [copy right compliance (in text / image) becomes responsibility of client after approval of content];
(c) [[the Deliverables / the use of the Deliverables by the Client in accordance with these Terms and Conditions] will not:
(i) [breach the provisions of any law, statute or regulation;]
(ii) [infringe any third party’s Intellectual Property Rights; or]
(iii) [give rise to any cause of action against the Client,]
in each case [in any jurisdiction and under any applicable law]].
6. Licence
6.1 The Consultant hereby grants to the Client [a non-exclusive, worldwide, perpetual and irrevocable] licence to [copy, store, distribute, publish, adapt, edit and otherwise use] the Deliverables (excluding [the Third Party Materials and the Client Materials]) [ for the following purposes: Social Media appearance on platforms specified in contract; other Marketing purposes determined in contract.
7. Charges
7.1 The Client shall pay the Charges to the Consultant in accordance with these Terms and Conditions.
7.2 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated [inclusive of any applicable value added taxes / exclusive of any applicable value added taxes, which will be added to those amounts and payable by the Client to the Consultant].
8. Payments
8.1 The Consultant shall issue invoices for the Charges to the Client [from time to time during the Term / on or after the invoicing dates set out in Section 6 of the Statement of Work / at any time after the relevant Services have been delivered to the Client / in advance of the delivery of the relevant Services to the Client].
8.2 The Client must pay the Charges to the Consultant within the period of [30 days] following [the issue of an invoice in accordance with this Clause 8 / the receipt of an invoice issued in accordance with this Clause 8].
8.3 The Client must pay the Charges by [PayPal, direct debit or bank transfer] (using such payment details as are notified by the Consultant to the Client from time to time).
8.4 If the Client does not pay any amount properly due to the Consultant under these Terms and Conditions, the Consultant may:
(a) charge the Client interest on the overdue amount at the rate of [8% per annum above the Bank of Germany base rate from time to time] (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
9. Warranties
9.1 The Consultant warrants to the Client that:
(a) [the Consultant has the legal right and authority to enter into a contract under these Terms and Conditions and to perform its obligations under these Terms and Conditions;]
(b) [the Consultant will comply with all applicable legal and regulatory requirements applying to the exercise of the Consultant’s rights and the fulfilment of the Consultant’s obligations under these Terms and Conditions; and]
(c) [the Consultant has or has access to all necessary know-how, expertise and experience to perform its obligations under these Terms and Conditions.]
9.2 The Client warrants to the Consultant that it has the legal right and authority to enter into a contract under these Terms and Conditions and to perform its obligations under that contract.
9.3 All of the parties’ warranties and representations in respect of the subject matter of a contract under these Terms and Conditions are expressly set out in these Terms and Conditions and the applicable Statement of Work. Subject to Clause 10.1, no other warranties or representations will be implied into that contract and no other warranties or representations relating to the subject matter of that contract will be implied into any other contract.
10. Limitations and exclusions of liability
10.1 Nothing in a contract under these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in a contract under these Terms and Conditions:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
10.3 [Neither party shall be liable to the other party / The Consultant shall not be liable to the Client / The Client shall not be liable to the Consultant] in respect of any loss of profits or anticipated savings.
10.4 [Neither party shall be liable to the other party / The Consultant shall not be liable to the Client / The Client shall not be liable to the Consultant] in respect of any loss of revenue or income.
10.5 [Neither party shall be liable to the other party / The Consultant shall not be liable to the Client / The Client shall not be liable to the Consultant] in respect of any loss of use or production.
10.6 [Neither party shall be liable to the other party / The Consultant shall not be liable to the Client / The Client shall not be liable to the Consultant] in respect of any loss of business, contracts or opportunities.
10.7 [Neither party shall be liable to the other party / The Consultant shall not be liable to the Client / The Client shall not be liable to the Consultant] in respect of any loss or corruption of any data, database or software.
10.8 [Neither party shall be liable to the other party / The Consultant shall not be liable to the Client / The Client shall not be liable to the Consultant] in respect of any special, indirect or consequential loss or damage.
11. Termination
11.1 Either party may terminate a contract under these Terms and Conditions by giving to the other party [at least 30 days’] written notice of termination.
11.2 Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.
11.3 Either party may terminate a contract under these Terms and Conditions immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up[ (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under that contract)];
(d) [if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order].
12. Effects of termination
12.1 Upon the termination of a contract under these Terms and Conditions, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 6, 8.2, 8.3, 8.4, 10, 12, 13.2 and 15.
12.2 The termination of a contract under these Terms and Conditions shall not affect the accrued rights of either party.
13. Status of Consultant
13.1 The Consultant is not an employee of the Client, but an independent contractor.
13.2 The termination of a contract under these Terms and Conditions will not constitute unfair dismissal; nor will the Consultant be entitled to any compensation payments, redundancy payments or similar payments upon the termination of a contract under these Terms and Conditions.
14. Subcontracting
14.1 The Consultant may subcontract any of its obligations under a contract under these Terms and Conditions[, providing that the Consultant must give to the Client, promptly following the appointment of a subcontractor, a written notice specifying the subcontracted obligations and identifying the subcontractor in question].
14.2 The Consultant shall remain responsible to the Client for the performance of any subcontracted obligations.
15. General
15.1 No breach of any provision of a contract under these Terms and Conditions shall be waived except with the express written consent of the party not in breach.
15.2 If any provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of that contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
15.3 A contract under these Terms and Conditions may not be varied except by a written document signed by or on behalf of each of the parties.
15.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under these Terms and Conditions.
15.5 A contract under these Terms and Conditions is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to a contract under these Terms and Conditions are not subject to the consent of any third party.
15.6 Subject to Clause 10.1, a Statement of Work, together with these Terms and Conditions, shall constitute the entire agreement between the parties in relation to the subject matter of that Statement of Work, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
15.7 A contract under these Terms and Conditions shall be governed by and construed in accordance with [German law].
15.8 The courts of [Germany] shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with a contract under these Terms and Conditions.