Privacy Statement & GDPR Compliance
Keeping our client’s and respondent’s information confidential and secure is of the utmost importance to us and always has been.
MetaFacts respects your privacy, and will not sell, rent, or otherwise distribute your email address or other personal information to any third parties.
Privacy Statement with respect to the MetaFacts websites
We are delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of MetaFacts, Inc. The use of the Internet pages of MetaFacts, Inc. is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, personal data processing could become necessary. If any personal data processing 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 following the country-specific data protection regulations applicable to MetaFacts, Inc. Utilizing 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, using this data protection declaration of the rights they are entitled to.
As the controller, MetaFacts, Inc. has implemented numerous technical and organizational measures to ensure complete protection of personal data processed through this website. However, in principle, Internet-based data transmissions may 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 MetaFacts, Inc. is based on the terms used by the European legislator to adopt the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public and our customers and business partners. To ensure this, we would like first to explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
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.
b) Data subject
The data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations that are performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
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 data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
The processor is a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular inquiry following Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall comply with the applicable data protection rules according to the purposes of the processing.
j) Third party
The third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the controller or processor’s direct authority, are authorized to process personal data.
Consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and Address of the controller
Controller for 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:
Through cookies, MetaFacts, Inc. can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
The data subject may, at any time, prevent the setting of cookies through our website using a corresponding setting of the Internet browser used and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all our website functions may be entirely usable.
4. Collection of general data and information
The website of MetaFacts, Inc. collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which 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 service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
MetaFacts, Inc. does not draw any conclusions about the data subject when using these general data and information. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, MetaFacts, Inc. analyzes anonymously collected data and information statistically to increase the data protection and data security of our enterprise and ensure an optimal level of protection for the personal data we process. The server log files’ anonymous data are stored separately from all personal data provided by a data subject.
5. Subscription to our newsletters
On the website of MetaFacts, Inc., users are allowed to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted and when the newsletter is ordered from the controller.
MetaFacts, Inc. informs its customers and business partners regularly using a newsletter about enterprise progress and offers. The data subject may only receive the enterprise’s newsletter if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter delivery, for legal reasons, in a double-opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration and the date and time of the registration. The collection of this data is necessary to understand the (possible) misuse of the e-mail address of a data subject at a later date. Therefore, it serves the aim of the legal protection of the controller.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. Also, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The data subject may terminate the subscription to our newsletter at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter directly on the controller’s website or to communicate this to the controller in a different way.
The newsletter of MetaFacts, Inc. contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, MetaFacts, Inc. may see if and when a data subject opened an e-mail and which data subjects called uplinks in the e-mail.
Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller to optimize the shipping of the newsletter and adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued using the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. MetaFacts, Inc. automatically regards a withdrawal from the receipt of the newsletter as a revocation.
7. Contact possibility via the website
The website of MetaFacts, Inc. contains information that enables a quick electronic contact to our enterprise and direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller is stored to process or contact the data subject. There is no transfer of this personal data to third parties.
8. Routine erasure and blocking of personal data
The data controller shall process and store the data subject’s personal data only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased following legal requirements.
9. Rights of the data subject
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation of whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about their personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
the existence of the right to complain about 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 those cases, meaningful information about the logic involved and the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information about whether personal data are transferred to a third or international organization. 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, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay rectifying inaccurate personal data concerning him or her. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have an obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
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 based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by MetaFacts, Inc., he or she may, at any time, contact any employee of the controller. An employee of MetaFacts, Inc. shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged according 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 inform other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Employees of MetaFacts, Inc. will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:
The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify personal data accuracy.
The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead of restricting their use.
The controller no longer needs personal data for processing. Still, they are required by the data subject for the establishment, exercise, or defense of legal claims.
The data subject has objected to processing according to Article 21(1) of the GDPR pending verifying whether the controller’s legitimate grounds override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by MetaFacts, Inc., he or she may at any time contact any employee of the controller. The employee of MetaFacts, Inc., will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, as provided to a controller, in a structured, commonly used, and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent according to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract according to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may at any time contact any employee of MetaFacts, Inc.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
MetaFacts, Inc. shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If MetaFacts, Inc. processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to MetaFacts, Inc. to the processing for direct marketing purposes, MetaFacts, Inc. will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by MetaFacts, Inc. for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of MetaFacts, Inc.. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, MetaFacts, Inc. shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of MetaFacts, Inc.
i) Right to withdraw data protection consent
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of MetaFacts, Inc.
10. Data protection provisions about the application and use of Jetpack for WordPress
On this website, the controller has integrated Jetpack. Jetpack is a WordPress plug-in, which provides additional features to a website’s operator based on WordPress. Jetpack allows the Internet site operator, inter alia, an overview of the visitors of the site. By displaying related posts and publications, or the ability to share content on the page, it is also possible to increase visitor numbers. Security features are also integrated into Jetpack, so a Jetpack-using site is better protected against brute-force attacks. Jetpack also optimizes and accelerates the loading of images on the website.
The operating company of Jetpack Plug-Ins for WordPress is Automattic Inc., 132 Hawthorne Street, San Francisco, CA 94107, UNITED STATES. The operating enterprise uses the tracking technology created by Quantcast Inc., 201 Third Street, San Francisco, CA 94103, UNITED STATES.
Jetpack sets a cookie on the information technology system used by the data subject. The definition of cookies is explained above. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Jetpack component was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to submit data through the Jetpack component for analysis purposes to Automattic. During the course of this technical procedure, Automattic receives data that is used to create an overview of website visits. The data obtained in this way serves the analysis of the data subject’s behavior, which has access to the Internet page of the controller and is analyzed to optimize the website. The data collected through the Jetpack component is not used to identify the data subject without a prior obtaining of a separate express consent of the data subject. The data also comes to the notice of Quantcast. Quantcast uses the data for the same purposes as Automattic.
The data subject can, as stated above, prevent the setting of cookies through our website at any time using a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser would also prevent Automattic/Quantcast from setting a cookie on the data subject’s information technology system. Also, cookies already in use by Automattic/Quantcast may be deleted at any time via a web browser or other software programs.
Also, the data subject has the possibility of objecting to a collection of data relating to the use of this Internet site generated by the Jetpack cookie and the processing of these data by Automattic/Quantcast and the chance to preclude any such. For this purpose, the data subject must press the ‘opt-out’ button under the link https://www.quantcast.com/opt-out/ which sets an opt-out cookie. The opt-out cookie set with this purpose is placed on the data subject’s information technology system. If the cookies are deleted on the data subject’s system, then the data subject must call up the link again and set a new opt-out cookie.
With the setting of the opt-out cookie, however, the possibility exists that the websites of the controller are not fully usable anymore by the data subject.
The applicable data protection provisions of Automattic may be accessed under https://automattic.com/privacy/. The applicable data protection provisions of Quantcast can be accessed under https://www.quantcast.com/privacy/.
11. Legal basis for the processing
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations to obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations, which are necessary for carrying out pre-contractual measures, for example, in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, personal data processing may be necessary to protect the data subject’s vital interests of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or another third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations that are not covered by any of the abovementioned legal grounds, if the processing is necessary for the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because the European legislator has specifically mentioned them. He considered that a legitimate interest could be assumed if the data subject is a controller client (Recital 47 Sentence 2 GDPR).
12. The legitimate interests pursued by the controller or by a third party
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
13. Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary to fulfill the contract or the initiation of a contract.
14. Provision of personal data as a statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data
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. 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 the data subject provides personal data, 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 contract’s conclusion, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
15. Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling.
Privacy Statement with respect to MetaFacts market research services
In the gathering and processing of research results, MetaFacts does not ask for, obtain, or process personally-identifiable information (PII) as defined in the GDPR: “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.” Furthermore, research results from MetaFacts are dissociated with any individual respondent and anonymized so the TUP data “does not relate to an identified or identifiable natural person or to data rendered anonymous in such a way that the data subject is no longer identifiable.”
All of the surveys MetaFacts conducts are opt-in studies with results provided directly by the respondents selecting their responses to questionnaires and without MetaFacts gathering secondary information such as might be obtained using cookies, device or browser tracking, or other technological devices which may not be apparent to the respondent.
All respondents are contacted through third-party panel providers and data processors who may gather PII in the natural course of recruiting, rewarding, and surveying respondents – contacting them solely to conduct surveys. By mutual agreement, these providers and processors have warranted MetaFacts that they maintain their respondents’ confidentiality and hold any such information separate from MetaFacts.
For more information, contact dpo @ metafacts.com.