Terms & Conditions
This agreement applies as between you, the User of this Web Site and The Brand Identity, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; “The Brand Identity ” means The Brand Identity Group Ltd, 7 Browne Close, Ashwellthorpe, Norwich, England, NR16 1FG; “Service” means collectively any online facilities, tools, services or information that The Brand Identity makes available through the Web Site either now or in the future; “System” means any online communications infrastructure that The Brand Identity makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; “User” / “Users” means any third party that accesses the Web Site and is not employed by The Brand Identity and acting in the course of their employment; and “Web Site” means the website that you are currently using (www.the-brandidentity.com).
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Brand Identity, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Brand Identity. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
If you provide content for our Site
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of The Brand Identity or that of our affiliates.; We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
The Brand Identity makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Brand Identity accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
The Brand Identity Memberships are offered through www.the-brandidentity.com (the “Website”) and offered in paid plans Services with the respective details listed in the relevant Order Form (Services) as published and amended from time to time on the Website. Subject to the terms and conditions in the Agreement, during the Agreement Term, The Brand Identity hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your internal business purposes. You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
In order to use our Service, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the terms and conditions set forth in the Agreement; and 4) provide true, complete, and up to date legal and contact information. If you sign up for The Brand Identity on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
The term of the Agreement (the “Agreement Term”) begins when you sign up for The Brand Identity or first use the Services and continues as long as you use the Services and the duration of your subscription.
Account and Password
The Services are provided to Customer via a dedicated account on the Website, pursuant to which Customer will create a unique user-id and password. You’re responsible for keeping your user-id and password confidential. You’re also responsible for any use of any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts. You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
Fees, Payments and Refunds
You agree to pay for paid services according to these Terms. Charges paid by Customer are non-refundable. As long as you’re using paid services, you’ll provide The Brand Identity’s third-party payment processor with valid credit card information and authorise us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorised to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected. If for some reason, our third-party payment processor is unable to process your credit card order, we’ll try to charge 3 more times in the next few days. Consecutive charge retries do not change and/or extend your monthly or annual renewal date. We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website. All prices for Services are calculated in GBP and your credit card will be charged in GBP. You are responsible for any taxes imposed on the Services except in cases where UK legislation requires us to collect the taxes. Reselling of the Services to third parties is permitted only if you sign a specific agreement with The Brand Identity.
Except as otherwise set forth in an Order Form, you or The Brand Identity may terminate this Agreement at any time and for any reason by giving Notice to the other party. Termination of the agreement means that you will lose access to your account. You have to explicitly cancel your subscription to paid services on the Website or by writing to [email protected] before the next payment date or your subscription will auto-renew and you will be charged your next subscription fee. In case of auto-renewal, all paid services will be provided to you for the next month. We may at any time terminate the Agreement if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof). Once terminated, we may permanently delete your account and all the data associated with it. If The Brand Identity terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued. The Brand Identity may charge an account reactivation fee should an account need to be reactivated by a customer after an account has become de-activated due to breach of this Agreement and/or long period of inactivity.
Unless we expressly agree otherwise in the Agreement, the Services, and all intellectual property rights associated with the Services, are the sole and exclusive property of The Brand Identity. Subject to your full and complete payment of all amounts due to The Brand Identity, therefore, to the extent The Brand Identity provides you or your end-users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “The Brand Identity Content”), The Brand Identity grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use The Brand Identity Content solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any The Brand Identity Content, or any portion thereof, in any other context or website or in connection with any other service. Except for the license granted in this Section, this is an agreement for services and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the Services and The Brand Identity Content.
In connection with the rights and licenses granted by The Brand Identity under the Agreement, The Brand Identity may provide you with user manuals, reference manuals, (collectively, the “Documentation”). The Brand Identity is the sole and exclusive owner of all rights, titles and interests in and to the Documentation and all of the intellectual property rights associated with the Documentation. You agree you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any, Documentation, The Brand Identity Content or data related to the Services; (ii) remove any proprietary notices or labels from the Content; reproduce or copy the Content or the Services or any part thereof; (iii) modify, translate, or create derivative works based on the Services or any Content; (iv) copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the The Brand Identity Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce software or automated agents or scripts to the web site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; (vii) perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; (viii) upload, link to or post any portion of the The Brand Identity Content on a bulletin board, intranet, extranet or website; (ix) use or distribute the The Brand Identity Content in violation of any applicable laws, regulations or export restrictions; (x) possess or use the Content in any format other than machine-readable format; (xi) use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services; (xii) circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services; (xiii) use the Services to send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights; or (xiv) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement. The Brand Identity reserves all rights in the Services not explicitly granted herein. You acknowledge and agree that the Services, the Content, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Content or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by The Brand Identity or by other parties that have licensed their material to The Brand Identity. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of The Brand Identity. Your use of the Services confers no title or ownership in the Services, the Content or the Marks and is not a sale of any rights in the Services, the Content or the Marks. All ownership rights remain in The Brand Identity or its third party suppliers, as the case may be. You acknowledge and agree that any comments, ideas and/or reports provided to The Brand Identity (“Feedback”) shall be the property of The Brand Identity and you hereby irrevocably transfer and assign to The Brand Identity such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
Products Descriptions And Prices
We do our best to ensure that the information about Products is accurate and up-to-date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an order to purchase them. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours. We reserve the right to modify the information about Products displayed on our Site, including as regards prices, descriptions and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
Purchases on the Website
To complete a purchase, you first have to place an order for Products. Then, this Order has to be accepted by us. To place an order you must be 18 years of age or over. To place an order you will have to select the Products on the Site, select your preferred shipping method and if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above. When you place the order through the Site you will receive an automated email confirming receipt of your order. The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and others). Please note the Order Receipt email is NOT already an acceptance of your Order. When your order is accepted by us, we send you an email confirming that all, or part, of the Products, have been shipped ("Shipping Confirmation email"). Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually shipped. Such a contract is composed by: your Order; our Order Receipt and Shipping Confirmation emails; the then-current Terms and Conditions shall apply.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example, if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed; the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
Risk of Loss
All items purchased are made pursuant to a shipment contract with our carriers. This means that the risk of loss and title for such items pass to you upon our delivery of your order to the carrier. If you do not receive your order within 20 working days from the date of despatch, please contact us. We would request that you contact us as soon as possible and within 45 days of placing your order. If you contact us outside of this time frame, we are unable to track your order or provide any reimbursement.
You agree to contact The Brand Identity prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through The Brand Identity, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law. There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud. Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of statutory duty, even if foreseeable, for any loss of profits, sales, business, or revenue; business interruption; anticipated savings; business opportunity, goodwill or reputation; use of, or corruption to information; or information.
If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of the use of, or inability to use, our Site; use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control; theft, destruction of information or someone getting access to our records, programs or services without our permission; or goods, products, services or information received through or advertised on any website which we link to from our Site.
Limitation of Liability
To the maximum extent permitted by law, The Brand Identity accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. Nothing in these terms and conditions excludes or restricts The Brand Identity’s liability for death or personal injury resulting from any negligence or fraud on the part of The Brand Identity. Every effort has been made to ensure that these terms and conditions adhere strictly to the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices/communications shall be given to us either by email to [email protected]. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and The Brand Identity shall be governed by and construed in accordance with the Law of England and Wales and The Brand Identity and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
We take data protection and information security very seriously. The effective management of all personal data, including security and confidentiality, is the heart of our business and naturally underpins our practices and processes. This policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum, to ensure that you understand what information we collect, why we collect it, how it is used and what choices you have about your information.
Who are we?
The Brand Identity Group Ltd
7 Browne Close, Ashwellthorpe,
Norwich, England, NR16 1FG
(hereinafter referred to as "we", "us" or "our")
If you have any questions about data protection, wish to exercise your rights as a data subject or wish to revoke consent, you can contact us at [email protected].
What are the legal bases of processing personal data?
The legal bases for processing are listed below and at least one of these must apply whenever we process personal data:
Consent: the individual has given clear consent to process personal data for a specific purpose.
Contract: the processing is necessary for a contract or because you have asked us to take specific steps before entering into a contract.
Legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations).
Vital interests: the processing is necessary to protect someone’s life.
Public task: the processing is necessary for us to perform a task in the public interest or for official functions, and the task or function has a clear basis in law.
Legitimate interests: the processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect your personal data which overrides those legitimate interests.
What are your rights?
You have the following rights with respect to us processing your personal data:
Right of access
You have the right to obtain information about whether and which of your personal data is processed by us. In this case, we will also inform you about:
the purpose of the processing; the categories of data; the recipients of your personal data; the planned storage period or the criteria for the planned storage period. Your further rights; unless we have been provided with your personal data by you: any available information about its origin. If available: the existence of automated decision-making and information about the logic involved, the scope and the intended effects of the processing.
Right to rectification
You have a right to rectification and/or completion if your personal data processed by us is inaccurate or incomplete.
Right to restriction of processing
You have a right to restriction of processing, provided that we verify the accuracy of your personal data processed by us; the processing of your personal data is unlawful; you need your personal data processed by us for legal prosecution after the purpose has ceased to exist; you have objected to the processing of your personal data and we are reviewing this objection.
Right to erasure
You have a right to erasure if we no longer need your personal data for its original purpose; you withdraw your consent and there is no further legal basis for processing your personal data; you object to the processing of your personal data and - unless it is direct marketing - there are no overriding reasons for further processing; the processing of your personal data is unlawful; the erasure of your personal data is required by law; your personal data was collected as a minor for information society services.
Right to information
If you have exercised your right to rectification, erasure or restriction of processing, we will inform all recipients of your personal data, of this rectification, erasure of data or restriction of the processing.
Right to data portability
You have a right to receive your personal data processed by us on the basis of consent or for the performance of a contract in a structured, common and machine-readable format and to transfer it to another controller. If technically feasible, you have the right to have us transfer this data directly to another controller.
Right to object
You have the right to object to the processing of your personal data in case of special reasons. In this case, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing. In case of processing of your personal data for direct marketing purposes, you have the right to object at any time.
Right of withdrawal
You have the right to revoke any consent given to us at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with the competent supervisory authority if you believe that the processing of your personal data by us violates the law.
Purposes of data processing
Each time you access our website, information is sent to the server of our website by the respective internet browser of your respective end device and temporarily stored in log files. The data records stored in this process contain the following data, which are stored until automatic deletion: Date and time of access, name of the page accessed, IP address of the requesting device, referrer URL (origin URL from which you came to our web sites), the amount of data transferred, loading time, as well as product and version information of the respective browser used and the name of your access provider. The legal basis for the processing of the IP address is our legitimate interest. Our legitimate interest results from:
Ensuring a smooth connection setup, ensuring comfortable use of our website, evaluation of system security and stability. A direct conclusion to your identity is not possible on the basis of the information and will not be drawn by us. The data is stored and automatically deleted after the aforementioned purposes have been achieved. The standard periods for deletion are based on the criterion of necessity.
If you have consented to so-called geo-localisation in your browser or in the operating system or other settings of your respective end device, we use this function to be able to offer you individual services related to your current location. We process your location data processed in this way exclusively for this function. If you terminate the use, the data will be deleted.
Data processing when concluding a contract
If you register with one of our websites and conclude a contract with us, we process the data required for the conclusion, performance or termination of a contract with you. This includes First name, last name, billing and delivery address, E-mail address, Billing and payment data, Telephone number, if applicable. The legal basis for this is the provision of a pre-contractual or contractual measure, i.e. you provide us with the data on the basis of the respective contractual relationship (e.g. management of your account, processing of a purchase contract) between you and us. We are also obliged to process your e-mail address in the event of purchase via our website due to legal requirements. Insofar as we do not use your data for advertising purposes, we store the data collected for the processing of the contract until the expiry of the statutory or possible contractual warranty and guarantee rights. After the expiry of this period, we retain the information of the contractual relationship required by the company and tax law for the periods determined by law. For this period, the data will be processed again solely in the event of an audit by the tax authorities. The following data processing is also required for the execution of a purchase contract via our website: Your payment data will be passed on to payment service providers commissioned by us to process the payment(s). We pass on details of your delivery address to logistics companies and shipping partners commissioned by us. In order to ensure that the goods are delivered in accordance with your wishes, we transmit your e-mail address and, if applicable, telephone number to the logistics company and/or shipping partner commissioned by us to carry out the delivery. If necessary, they will contact you in advance of the delivery in order to coordinate the details of the delivery with you. The respective data will be transmitted solely for the respective purposes and deleted again after delivery has taken place.
Data processing for advertising purposes
We generally have a legitimate interest in using your data for marketing purposes. We collect the following data for our own marketing purposes as well as for marketing purposes of third parties: first name, last name, postal address. The aforementioned data may also be transferred to third parties for this purpose. In addition, we are entitled to store further personal data collected about you in compliance with the legal requirements for our own marketing purposes as well as for the marketing purposes of third parties. The aim is to send you advertising that is geared solely to your actual or perceived needs and not to bother you with useless advertising. The stored data will not be passed on to third parties. In addition, the responsible party pseudonymises personal data collected about you for the purpose of using the pseudonymised data for its own marketing purposes as well as for marketing purposes of third parties (advertisers). The pseudonymised data can also be used to advertise to you online on an individualised basis, whereby the control of the advertising can be carried out by a service provider/agency. The legal basis for the use of personal data for marketing purposes is our legitimate interest.
On our website, we offer you the possibility to register for our newsletter. In order to ensure that no mistakes are made when entering the email address, we use the so-called double opt-in procedure (DOI procedure): After you have entered your email address in the registration field, we will send you a confirmation link to the address you have provided. Only when you click on this confirmation link will your email address be added to our distribution list for sending our newsletter. The legal basis for this data processing is your consent. You can revoke your consent at any time with future effect by sending a message to [email protected] or using the unsubscribe option at the end of each newsletter.
Product recommendations by e-mail
As an existing customer, you will regularly receive product recommendations from us by e-mail. You will receive these product recommendations from us regardless of whether you have subscribed to a newsletter. In doing so, we use the e-mail address you provided in the context of the purchase to advertise our own goods and/or services that are similar to those you have purchased from us on the basis of an order you have already placed. The legal basis for this data processing is our legitimate interest. You can object to our product recommendations at any time with effect for the future by sending a message to [email protected] or at the end of each product recommendation e-mail, without incurring any costs other than the transmission costs according to the basic rates.
Online presence and website optimisation (using cookies) including consent
As the operator of this website, we collect data about your usage behaviour on our website (tracking data). This includes, among other things, which individual sub-pages (article detail pages) you have called up. For this purpose, we and/or our partners may set cookies in the browser you are using. The collection of tracking data is only permissible if you have given your prior consent. You can give such consent by clicking the "OK" button in the "cookie banner" displayed on our website. However, the granting of consent is not necessary for the processing of such tracking data, which is required for the offer of our web site. This includes, for example, the setting of cookies for the purpose of displaying the shopping basket. Depending on the purpose for which the data is processed, data processing is sometimes carried out without obtaining your consent, and sometimes only after you have given your consent (via the cookie banner used on our website). Cookies are set (without you having given your consent), for example, to show you the contents of your shopping basket or your notepad. However, we may also use the information about your usage behaviour to show you offers on our website that are of interest to you or to advertise to you on other web sites using personalised content (e.g. retargeting). Insofar as personal data about your usage behaviour on our website can also be used by other providers, e.g. for the purpose of "enriching own information", such use will only take place if you have consented to it beforehand. In these cases, the further processing of the data collected on our website regularly takes place under the sole responsibility of the providers. The providers may transfer the data to the USA as part of this further processing. In this context, there is a particular risk that your data will be processed by American institutions/authorities for control and monitoring purposes without you having an adequate legal remedy against this. Tracking data that we collect and store ourselves are processed by us exclusively in pseudonymised form. We will only process data about your usage behaviour on our website without your consent or without the processing being necessary for the operation of the website after pseudonymisation or the use of a pseudonym. This prevents a direct allocation of the data to your person. If you would like to delete individual cookies set in your browser or find out which service providers have set cookies in your browser, you can do this using a "preference manager". Such a preference manager is available, for example, at www.youronlinechoices.com. You also have the option of setting your browser in such a way that it prevents cookies from being set or only allows certain types of cookies to be set. Details on the possibility of changing the settings of common browser types (including Google Chrome, Firefox) can be found in section
For the purpose of demand-oriented design and continuous optimisation of our website, we use the basic version of Google Analytics, a web analysis service of Google Ireland Limited ("Google"). Google Analytics uses so-called "cookies" (text files), which are stored on your computer and which enable an analysis of your use of the website. On our behalf, Google will use this information for the purpose of evaluating your use of the website and compiling reports on website activity. Google processes the data collected via the use of the "basic version" of Google Analytics exclusively on our instructions and for our purposes. Insofar as data collected via Google Analytics is used for advertising technologies by Google (e.g. Google re-marketing) and in this case also processed by Google for its own purposes and / or the purposes of third parties, such processing will only take place if you have given your consent to the use of such advertising technology on our website. Such further processing of the data, as well as the processing of the data after it has been transmitted by us to Google, will be carried out by Google as the sole data controller. In this context, Google Ireland Limited, as the sole data controller, may store data about you in the USA. The legal basis for this data processing is your consent.
Facebook retargeting (website custom audience)
A pixel from Facebook Ireland Limited is integrated into this website (website custom audience pixel). Through this pixel, information about the use of this website (e.g. information about viewed articles) is collected by us and Facebook Ireland Limited in joint responsibility and transmitted to Facebook Ireland Limited. This information can be assigned to your person with the help of further information that Facebook Ireland Limited has stored about you, e.g. due to your ownership of an account on the social network "Facebook". The information collected via the pixel can be used to display interest-based advertisements about our offers in your Facebook account (retargeting). The information collected via the pixel may also be aggregated by Facebook Ireland Limited and the aggregated information may be used by Facebook Ireland Limited for its own web purposes as well as for advertising purposes of third parties. For example, Facebook Ireland Limited may infer certain interests from your browsing behaviour on this website and may also use this information to promote third party offers. Facebook Ireland Limited may also combine the information collected via the pixel with other information that Facebook Ireland Limited has collected about you via other websites and/or in connection with your use of the social network "Facebook", so that a profile about you may be stored by Facebook Ireland Limited. This profile can be used for advertising purposes. Facebook Ireland Limited is solely responsible for the permanent storage and further processing of the tracking data collected via the website custom audience pixel used on this website. In this context, Facebook Ireland Limited, as the sole data controller, may store data about you in the USA. The European Court of Justice has ruled with regard to the USA that it is a country with an insufficient level of data protection. In this context, there is a particular risk that your data will be processed by American institutions/authorities for control and monitoring purposes without you having an adequate legal remedy against this. The legal basis for this data processing is your consent.
On our website, information about your surfing behaviour is collected when you give your consent. This information may be combined with information about your surfing behaviour on other websites (tracking data). In addition, data about you is collected on this website insofar as you create an account and/or purchase goods via this website. Data is also collected during the processing of contracts concluded via this website (account/contract and processing data). This data can be combined with the tracking data and other accounts/and processing data. The tracking data and the account/contract and settlement data are stored anonymously with an independent data trustee. Personal data such as your name, e-mail address, date of birth, etc. are not transmitted at all. The data trustee creates information about your preferences on the basis of the anonymised data received. No information on particularly sensitive data (e.g. political views, state of health) is created and no such sensitive data is used in the process of creating preferences.
In order to provide you with the greatest possible convenience, we offer you the permanent storage of your personal data in a password-protected customer/user account. The creation of the account is basically voluntary and is based on your consent. After setting up an account, no new data entry is required. In addition, you can view and change the data stored about you in your account at any time. Please treat your personal access data confidentially and in particular do not make them accessible to unauthorised third parties. Please note that you will automatically remain logged in after leaving our website unless you actively log out. You have the option of having your account deleted at any time, provided that there are no other legal grounds (e.g. valid warranty/guarantee claims, outstanding balance, etc.) to the contrary. Please note, however, that once you have placed an order with us, this does not mean that the data visible in the account will be deleted at the same time. Your data will be deleted automatically after the expiry of the retention obligations applicable to us under commercial and tax law. The legal basis for this data processing is a legal obligation and our legitimate interest.
You have the option of contacting us in several ways. By e-mail, by telephone, or by social media. When you contact us, we use the personal data that you voluntarily provide in this context solely for the purpose of contacting you and processing your enquiry. In addition, when contacting us via the contact form, you have the option of providing us with your browser type, browser version, device type, operating system and version in addition to the data stored in your account (customer number, e-mail address, title, name, address). We use this data to determine the causes of possible malfunctions of the website and to be able to provide you with specific assistance or to continuously optimise the online experience for you. The legal basis for this data processing is your consent, the performance of a contract, a legal obligation and our legitimate interest.
We process your payment information for the purpose of payment processing, e.g. if you purchase or use a product and/or service via www.the-brandidentity.com. Depending on the payment method, we forward your payment information to third parties (e.g. in the case of credit card payments, to your credit card provider). The legal basis for this data processing is your consent, the performance of a contract, and our legitimate interest.
All data transmitted by you personally, including your payment data, are transmitted using the generally accepted and secure standard SSL (Secure Socket Layer). SSL is a secure and proven standard that is also used, for example, in online banking. You can recognise a secure SSL connection by the s appended to http (i.e. https) in the address bar of your browser or by the lock symbol. We also use appropriate technical and organisational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.
We process the data of our customers and clients in order to enable them to select, purchase or commission the selected services or works and associated activities as well as their payment and delivery or execution or performance. The required information is identified as such in the context of the order, purchase order or comparable contract conclusion and includes the information required for the provision of services and billing as well as contact information. Unless otherwise specified the purposes of processing are Contractual performance and service, contact requests and communication, office and organisational procedures, administration and response to requests, visit action evaluation, interest-based and behavioural marketing. And, the Legal bases are Contractual performance and pre-contractual enquiries, Legal obligation, and our Legitimate interests.
When you send a data subject access request
The legal basis for the processing of your personal data in the context of handling your data subject access request is our legal obligation and the legal basis for the subsequent documentation of the data subject access request is both our legitimate interest and our legal obligation. The purpose of processing your personal data in the context of processing data when you send a data subject access request is to respond to your request. The subsequent documentation of the data subject access request serves to fulfil the legally required accountability. Your personal data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the processing of a data subject access request, this is three years after the end of the respective process. You have the possibility at any time to object to the processing of your personal data in the context of the processing of a data subject access request for the future. In this case, however, we will not be able to further process your request. The documentation of the legally compliant processing of the respective data subject access request is mandatory. Consequently, there is no possibility for you to object.
If you e-mail us to apply for a role or job, we process the information we receive from you as part of the application process, e.g. through your letter of application, CV, references, correspondence, telephone or verbal details. In addition to your contact details, information about your education, qualifications, work experience and skills is particularly relevant to us. Your data will initially be processed solely for the purpose of carrying out the application process. If your application is successful, it will become part of your personnel file and will be used to carry out and terminate your employment and will be deleted in accordance with the rules applicable to personnel files. If we are unable to offer you employment, we will continue to process your data for up to six months after sending the rejection in order to defend ourselves against any legal claims, in particular alleged discrimination in the application process. The legal basis for processing data during the application process is the performance of a contract and, if you have given your consent, your consent. The legal basis for data processing after a rejection is our legitimate. As a rule, we do not require any special categories of personal data for the application process. We ask you not to provide us with any such information from the outset. If such information is relevant to the application process, we process it together with your other data. Your data will not be used by us for automated decision-making or profiling, nor will it be passed on to third parties. Your data will be processed by us or on our behalf. You are not obliged to provide us with personal data. However, we can only assess your suitability for the respective position under consideration if we receive information in particular about your education, work experience and skills, and we cannot include you in the application process without providing your contact details.
Legal defence and enforcement of our rights
The legal basis for the processing of your personal data in the context of legal defence and enforcement of our rights is our legitimate interest. The purpose of processing your personal data in the context of legal defence and enforcement of our rights is the defence against unjustified claims and the legal enforcement and assertion of claims and rights. Your personal data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The processing of your personal data in the context of legal defence and enforcement is mandatory for legal defence and enforcement of our rights. Consequently, there is no possibility for you to object.
Warning against forged e-mails (spoofing), spam and phishing
The security of our customers' data is our top priority. In the following we would like to give you some security advice: Beware of so-called phishing and spoofing attempts Unfortunately, our brand can also be misused as the supposed sender in this scam. In concrete terms, this means that consumers receive fake e-mails in our name. These emails can even be based on our brand layout and may be difficult to distinguish from our emails. The fraudsters want to exploit the position of trust between us and our customers and thus steal sensitive data (e.g. login, customer data, payment information) or install harmful software (such as viruses or Trojans) on your computer or smartphone. The creation of these emails and the sending of them is not done by us, even if our name should be used as the sender. Unfortunately, we cannot influence the sending of these illegal e-mails. The following are some of the characteristics that you can use to recognise e-mails from us:
We do not ask you for personal information via email, nor do we ask you to confirm personal information via a link in an email. You will only receive order confirmations and invoices from us for orders that you have actually placed. We only send e-mails with file attachments if you have explicitly requested them from us (e.g. operating instructions). E-mails from us should not contain any spelling or grammatical errors, as they are always proofread before being sent.
How to deal properly with spam, phishing and spoofing e-mails:
We recommend that you delete suspicious emails immediately. Never open links or attachments in suspicious e-mails and do not disclose any personal data. If you have nevertheless accidentally clicked on links in the e-mail, change your password in your online account immediately. We also recommend that you run a virus scan on your computer. If there is any unusual or suspicious information about orders or your customer data in the e-mail, log in to My Account. There you will find a list of all the orders you have actually placed and you can check the order status and the respective invoice numbers. To do this, enter the address www.the-brandidentity.com manually in the address line of your browser. This will prevent you from being taken to fraudulent websites via a link in the e-mail. If you are ever unsure, simply use our free callback service or send us an e-mail at: [email protected].
Social media plug-ins
Our website is not intended for children and we do not knowingly collect data relating to children. If you become aware that your child has provided us with Personal Data, without parental consent, please contact us and we take the necessary steps to remove that information from our server.
Obligation to provide personal data
You are not obliged to provide us with personal data. However, depending on the individual case, the provision of certain personal data may be necessary for the provision of the above services. If you do not provide us with this personal data, we may not be able to provide the service.
Do Not Sell My Personal Information
We do not sell information that directly identifies you, like your name, address or phone records.
Automated Decision Making and profiling
Automated decision making is not used at www.the-brandidentity.com.
Processing of special categories of data
No special categories data is processed.
Content Delivery Network
For the purpose of a shorter loading time, we use a so-called Content Delivery Network ("CDN") for some offers. With this service, content, e.g. large media files, are delivered via regionally distributed servers of external CDN service providers. Therefore, access data is processed on the servers of the service providers. Our service providers work for us within the framework of order processing. If you have any questions about our service providers and the basis of our cooperation with them, please contact us.
Data Subject Rights
You have a number of ‘Data Subject Rights’ below is some information on what they are and how you can exercise them. There is more information on each right on the Information Commissioners (ICO) website and you can simply follow the links provided to learn more.
The right to be informed
The right of access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Where the processing of your personal information is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us. The above rights may be limited in some circumstances, for example, if fulfilling your request would reveal personal information about another person, if you ask us to delete information which we are required to have by law, or if we have compelling legitimate interests to keep it. We will let you know if that is the case and will then only use your information for these purposes. You may also be unable to continue using our services if you want us to stop processing your personal information. We encourage you to get in touch if you have any concerns with how we collect or use your personal information. You do however also have the right to lodge a complaint directly with the ICO, their contact details can be found on their website. Please direct all requests for information, requests for information or objections to the data processing to us.
Important information on protecting your data
In today's networked world, unauthorised attempts to access personal information are a reality that private individuals and companies have to face every day. There is no question that this is a major challenge. Because data protection is our top priority, we invest in and constantly monitor the security of our systems. Because when you buy online at www.the-brandidentity.com, you entrust us with information about yourself. The security of this information is important to us. Since you can also do a few things to protect yourself against unauthorised access to your information by third parties, we would like to give you some tips here on how to handle your information securely.
How can you protect your personal information?
Basically, protect your account and also your computer, laptop or mobile device with secure passwords and PIN codes that only you know! Also, make sure to log out again after every online purchase on www.the-brandidentity.com. Make sure that you only ever use your passwords for one account! Never use one password for different providers or portals. Check whether the password you have chosen for your account on our website is also used on other websites, if applicable. If this is the case, we strongly advise you to change all passwords immediately. Do not write down passwords in a freely accessible place. Again, make sure that only you have access to the passwords.
How do you create a secure password?
Passwords should be chosen so that they cannot be easily guessed, e.g. no common words from everyday life, your own name or names of relatives. To make the password even more secure, it is recommended to use a combination of upper and lower case letters, numbers and special characters. Do not use password managers of the common web browsers, as the passwords are often stored here unencrypted or not sufficiently encrypted. A password manager should use sufficiently strong encryption methods.
Are there other things you should be aware of?
If you ever use a publicly accessible computer, always make sure that you log off after your visit to www.the-brandidentity.com. If you receive unsolicited e-mails asking you to provide passwords or payment details without any specific contact, please ignore this and contact us immediately. We will investigate these incidents.
Changes and Questions