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Privacy Policy
I know that the handling of your Personal Data is important to you. For this reason, I take the greatest possible care when handling your Personal Data and thus ensure a high level of data security.
With this Privacy Policy, I would like to inform you about all data protection aspects concerning the collection, storage, and use of your Personal Data when using my website at www.studiomonta.com (“my website”) operated by me, Jarne Goossens, (Sole Trader with ABN 75 898 279 486) Melbourne, Australia. The terms “we”, “us”, or “our” refer to me and the third parties acting on my behalf) acting as the data controller.
I will only collect, process, and use your Personal Data in accordance with Australia's Privacy Act (“PA”), the General Data Protection Regulation (“GDPR”) and of course as described in this Privacy Policy.
Personal Data in this sense are all individual details about personal or factual circumstances of an identified or identifiable natural person, such as your name, your telephone number, your address, and other information that you provide when you use my website and services or when you contact me about them. However, it may also include online identifiers such as your device id or your IP Address.
What do we process your data for (purpose of processing) and on what legal basis?
In principle, we will process Personal Data:
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For the fulfilment of contractual obligations,
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Personal Data is processed for the purpose of providing the services,
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The purposes of the data processing are primarily based on the services.
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Within the framework of my legitimate interests
Where necessary, we process your data beyond the actual performance of the contract in order to safeguard my legitimate interests or the legitimate interest of third parties that process Personal Data for me. Examples are:
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Ensuring IT security and IT operations,
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Measures for business management and further development of services,
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Defence against third-party claims and enforcement of own claims.
Based on your consent
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Insofar as you have given me your consent to process Personal Data for certain purposes, passing on data to third parties, marketing, advertising etc., this processing is lawful on the basis of your consent.
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Consent given can be revoked at any time. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected by this.
What data protection rights do I have?
Every data subject has
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Right to information
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Right to rectification
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Right to deletion
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Right to data portability
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Right of objection
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Right to withdraw consent
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Right to complain to a supervisory authority
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Right not to be subject to a decision based solely on automated processing.
Furthermore, you have the right to lodge a complaint with your local or the for me relevant data protection supervisory authority (in Australia this is the Office of the Australian Information Commissioner (“OAIC”) (www.oaic.gov.au)). I would, however, appreciate the chance to deal with your concerns before you approach a data protection supervisory authority.
Finally, you also have a right to object. This applies, on grounds relating to data processing on the basis of my legitimate interest and also to profiling.
If you object, we will no longer process your Personal Data unless we can demonstrate compelling legitimate reasons for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
You may withdraw your consent and request me to stop using and/or disclosing your Personal Data for any or all of the Purposes by submitting your request in writing. However, please note that should you withdraw your consent to the collection, use or disclosure of your Personal Data, it may impact my ability to proceed with your transactions, agreements, or interactions with me. Please also note that your withdrawal of consent will not prevent me from exercising my legal rights (including any remedies) or undertaking any steps as I may be entitled to at law.
Collection and storage of Personal Data as well as type and purpose of their use
a) hosting
To provide my website, I use the services of Wix.com Ltd who processes the above-mentioned data and all data to be processed in connection with the operation of my website (log files) on my behalf. The legal basis for the data processing is my legitimate interest in providing an appealing website.
b) processing of data for the use of my Website
When you access my website via your browser, I (more accurately Wix.com Ltd on my behalf) only collects Personal Data that your browser or mobile device automatically transmits in order to enable you to visit my website and to ensure stability and security. These can be in particular:
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Your IP address,
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Your device identification, i.e., the unique number of the end device, and
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your browser ID.
The processing of this data serves to ensure a smooth connection of my website, the display of my services and listings, the usability of the services, the evaluation and system security and stability, as well as for other administrative purposes.
We process the transmitted data strictly for the intended purpose, for a period of 90 days, in the interest of being able to detect, limit and eliminate attacks on my websites. After this period has expired, we delete or anonymize the IP address, unless there are separate legal obligations to store it. The legal basis for this processing of your Personal Data is my legitimate interest.
c) processing of data when you are contacting me
If you contact me, I process the data received from you for the purpose of processing and handling your Inquiry. This may include, your name, contact details -if provided by you- and your message. The legal basis of the data processing is my obligation to fulfil the contract and/or to fulfil my pre-contractual obligations and/or my legitimate interest in processing your inquiry.
d) processing of data for contract fulfilment and data management
I process various data within the framework of the provision of my services and for the initiation and processing of the existing contractual relationship between us. If you have commissioned me to provide a service, I process your data (if provided: Name, contact details, phone number, and payment data) and all information that is necessary in the context of fulfilling the services, exclusively for the purpose of processing and handling the contractual relationship. Accordingly, the data is processed on the basis of the contract between you and me as well as to fulfil my legal obligations pursuant to Australia`s commercial law.
e) Vimeo and YouTube Videos
We have integrated components from Vimeo and YouTube. The integration requires that Vimeo/YouTube can perceive the IP address of the user. The IP address is required in order to send the video content to the user's browser. If you click on a Vimeo/YouTube component (video) on my website, your internet browser will be prompted by the component to download a corresponding representation of the component. In this way, Vimeo/YouTube knows which specific sub-pages you have visited. The legal basis for the data processing is our legitimate interest and your consent.
g) Testimonials
Within the testimonial section, we may display certain Personal Data, share certain details, knowledge and insights. When you approve and/or submit your testimonial, your consent is obtained, and you have choices about the information in your testimonial. The storage of testimonials is based on your consent.
f) Use of cookies
I use so-called cookies on my website. Cookies are small text files that are stored on your respective device (PC, smartphone, tablet, etc.) and saved by your browser. The legal basis for the use of cookies is your consent as well as my legitimate interest. For further information on the Cookies used on my website, please refer to my Cookie Policy.
Advertising
I would like to show you interesting advertising outside of my website and use various third-party tools and cookies for this purpose. These collect and process information about your activities on my website - for example, which pages you visit. By knowing what you are looking for and how you use my website, we can adapt our advertising to your needs. And thus increase the likelihood that you will also be shown suitable and interesting advertising outside my website.
We also analyse this data to evaluate the relevance of the advertisements and to optimise the advertisements for you. Through the tools, your browser regularly establishes a connection to the server of the tool provider when you visit my website. For some tools, we have no direct influence on what data is processed by the providers. The following personal data may be processed by third-party providers i) HTTP header information (e.g., IP address, web browser, website URL, date and time); ii) measuring pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional information about visits to my website. The legal bases for processing are our legitimate interest and your consent in case of cookies. For further information, please refer to our Cookie Policy.
Marketing
Insofar as you have given me your separate consent to process your data for marketing and advertising purposes, I`m entitled to contact you for these purposes via the communication channels you have given your consent to.
You may give me your consent in a number of ways including by selecting a box on a form where I seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with me. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with me.
Direct Marketing generally takes the form of email but may also include other less traditional or emerging channels. These forms of contact will be managed by me, or by my contracted service providers. Every directly addressed marketing sent or made by me or on my behalf will include a means by which you may unsubscribe or opt out.
Transfer of your data to processors and third parties
In order to process your data, I use external service providers such as providers of web analysis tools and IT service providers. These are carefully selected and commissioned by me, are bound by my instructions and are regularly monitored.
Duration of storage
I store your Personal Data for as long as necessary to achieve the respective storage purpose. Afterwards, your data will be deleted, unless I am obliged to store it for a longer period of time due to Australia's tax, commercial or other legal storage or documentation obligations, or you have agreed to a storage beyond this period (consent).
Data security
I use technical and organisational security measures to ensure that your Personal Data is protected against loss, incorrect modification, misuse, or unauthorised access by third parties. The security measures are constantly adapted to the improved technical possibilities. All data exchanged between your computer or device and my website over the Internet is encrypted. The encryption is done with SSL technology. This is a technology that encrypts all your Personal Data, in such a way that this data cannot be viewed by any unauthorised third party while the data is being transmitted over the Internet. You can recognize the transmission of encrypted data by the display in your browser. Your browser indicates the security of my website by an icon in the form of a padlock or a key in the status bar at the bottom of the window.
Disclosure of data
In general, and unless otherwise mentioned in this policy, I will not share your data. However, if I do so I will only pass on your Personal Data to third parties if:
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you have given your express consent to this,
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this is legally permissible and necessary for the fulfilment of a contractual relationship with you,
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if there is a legal obligation for the disclosure,
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the disclosure is necessary for the assertion, exercise or defence of legal claims, and
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If I commission third parties with the processing of Personal Data, this is done on the basis of a processing agreement.
Accuracy
It is important that the data I hold about you is accurate and current, therefore please keep me informed of any changes to your Personal Data.
Updating your information
If you believe that the information I hold about you is inaccurate or that I am no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting me. For your protection and the protection of all of the users, I may ask you to provide proof of identity before I can answer your requests.
Keep in mind, I may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. Also, I may not be able to accommodate certain requests to object to the processing of Personal Data, notably where such requests would not allow me to provide my service to you anymore.
Access Request
In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.
What we do not do
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We do not request Personal Data from minors and children;
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We do not use Automated decision-making including profiling; and
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We do not sell your Personal Data.
Social Media
I maintain online presences on the basis of my legitimate interest and to communicate with users, interested parties and users who are active there. Unless otherwise stated in this policy, I process the data of users if they communicate with me within the social networks and platforms, e.g., write articles on my online presences or send me messages.
Validity and questions
This Privacy Policy was last updated on Sunday, 9th of June, 2024. and is the current and valid version. However, I may update this policy for a number of reasons, such as to reflect a change in the law or to accommodate a change in my business practices and the way we use your Personal Data.
If you have any questions or comments about our Privacy Policy or wish to exercise your rights under applicable laws, please contact me.
Terms & Conditions
Welcome to my website at www.studiomonta.com and thank you for your interest in these Terms and Conditions (these “Terms”). These Terms apply between you, the User of my website and operated by me, Jarne Goossens, (Sole Trader with ABN 75 898 279 486) Melbourne, Australia (hereinafter “I”, “me”, “my). Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of my website. If you do not agree to be bound by these Terms, you should stop using my website immediately.
1. INTELLECTUAL PROPERTY
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All Content included on my website, 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 my or other relevant third parties property.
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By continuing to use my website you acknowledge that such material is protected by applicable Australian and International intellectual property and other relevant laws.
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You may not reproduce, copy, distribute, store or in any other fashion re-use material from my website unless otherwise indicated on my website or unless given express written permission to do so.
2. INFORMATION PROVIDED ON MY WEBSITE
The information contained and accessed on my website is provided for general guidance and is intended to offer the user general information of interest solely to provide general guidance on matters of interest for the personal use of the reader, who accepts full responsibility for its use. The information provided is not intended to replace or serve as substitute for any professional advice, consultation, or service.
3. PRIVACY
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I will process any Personal Data you have provided in accordance with my Privacy Policy.
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You agree that, if you have provided me with Personal Data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such Personal Data to me and (2) that you have brought to the attention of any such third party my Privacy Policy.
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You agree to indemnify me in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
4. ACCEPTABLE USE
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You agree not to use my website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use my website or Services in any way that could damage my website, Services, or my website in general.
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You further agree not to use my website or Services:
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to harass, abuse, or threaten others or otherwise violate any person's legal rights.
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to violate any of our intellectual property rights or any third party.
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to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
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to perpetrate any fraud.
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to publish or distribute any obscene or defamatory material.
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to publish or distribute any material that incites violence, hate, or discrimination towards any group.
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to unlawfully gather information about others.
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5. DISCLAIMERS
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I make no warranty or representation that my website 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. I make no guarantee of any specific results from the use of my website.
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No part of my website is intended to constitute advice and the content of my website should not be relied upon when making any decisions or taking any action of any kind.
6. AVAILABILITY OF MY WEBSITE
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My website is provided “as is” and on an “as available” basis. I give no warranty that the website will be free of defects and / or faults. To the maximum extent permitted by the law I provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
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I accept no liability for any disruption or non-availability of my website 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.
7. TERMINATION
I may, in my sole discretion, suspend, restrict or terminate your use of my website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of my website or my or any third party's equipment or network is impaired by your use of my website; I have received a third party complaint which relates to your use or misuse of my website; or you have been or are in breach of any term or condition of these Terms. I will have no responsibility to notify any third party, including any third-party providers of services, merchandise, or information, of any suspension, restriction or termination of your access to my website.
8. LIMITATION OF LIABILITY
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To the maximum extent permitted by law, I accept 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 my website or any information contained therein. Users should be aware that they use my website and its content at their own risk.
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Nothing in these Terms excludes or restricts my liability for death or personal injury resulting from any negligence or fraud on my part.
9. NO WAIVER
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. SPAM POLICY
You are strictly prohibited from using my website or any of my Services for illegal spam activities, including gathering email addresses and Personal Data from others or sending any mass commercial emails.
11. RELATIONSHIP
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between me and you as a result of these Terms or use of my website.
12. REVERSE ENGINEERING AND SECURITY
You agree not to undertake any of the following actions:
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Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on my website or Services.
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Violate the security of my website or Services through any unauthorised access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
13. NOTICES
All notices shall be given to me via email. 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.
14. SEVERANCE
Every effort has been made to ensure that these Terms adhere strictly with the relevant legal provisions. 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 shall not affect the validity and enforceability of the remaining terms and conditions.
15. LAW AND JURISDICTION
These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Australia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with me to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Melbourne, Australia.
Cookie Policy
This Cookie Policy applies to www.studiomonta.com (“my website”) operated by me, Jarne Goossens, (Sole Trader with ABN 75 898 279 486) Melbourne, Australia (the terms “we”, “us”, or “our” refer to me and the third parties acting on my behalf) acting as the data controller.
What are cookies?
Cookies are small text files that are placed on your device by the websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. The use of cookies is now standard for most websites.
The cookies we use
We use three categories of cookies on our sites:
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Necessary Cookies
These cookies are necessary for the website to operate. My website cannot function without these cookies and they can only be disabled by changing your browser preferences.
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Analytical/Performance Cookies
These cookies allow us to measure and report on website activity by tracking page visits, visitor locations and how visitors move around the site. The information collected does not directly identify visitors. We drop these cookies to help us analyse the data.
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Marketing & Social Media Cookies
Marketing cookies help us provide you with personalised and relevant services or advertising, and track the effectiveness of our digital marketing activities. Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit.
We utilise cookies, and other online identification technologies such as web beacons, or pixels to provide users with an improved user experience.
Analytics and Performance
Wix Analytics
My website uses the analysis service "Wix Analytics", of Wix.com. Through Wix Analytics, various user data is collected for optimisation and marketing purposes, stored, and processed and summarised in statistical reports in anonymised form. This includes login data, time zone setting, operating system and platform, information about visits including URL, session duration, number of pages viewed per session, search terms, information about what you searched for or viewed on my website, website response time and conversion rates.
All processing described above, in particular the setting of Wix Analytics cookies for reading out information on your device, is subject to your consent. You can revoke your consent at any time with future effect by deactivating this service in our cookie consent tool.
Google Analytics
We also use Google Analytics, a web analytics service provided by Google. Google Analytics also uses cookies to enable our website to analyse how users use my website across multiple devices. The information generated by the cookies about your use of my website is transmitted to and stored by Google, including transmission to the United States. The following data is processed through the use of Google Analytics:
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3 bytes of the IP address of the called system of the website visitor (anonymised IP address),
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the website called up,
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the website from which the user reached the accessed page of my website (referrer),
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the subpages accessed from the website,
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the time spent on the website
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the frequency with which the website is accessed.
Google states that it will not associate your IP address with any other data held by Google. The use of this service is based on your consent.
Google Tag Manager
We use Google Tag Manager, which allows website tags to be managed via an interface. The Google Tag Manager only implements tags. No cookies are set, and no PII is collected. Google Tag Manager triggers other tags that may collect data but does not itself access this data. More information on the Google Tag Manager can be found at the following link: http://www.google.com/tagmanager/use-policy.html. The legal basis for using Google Tag Manager is our legitimate interest.
Poptin
My website also uses Poptin. Poptin is a free lead capture platform that optimises conversion rates by engaging visitors and converting them into leads, subscribers, and sales using popups, autoresponders, and embedded forms. To do so Poptin sets various performance cookies which require the following data and information to be collected from the user: user IP address; old user id ( from a previous visit); a unique visitor ID; and the user's country code using the ISO 3166 international standard (for example AUS for Australia). The use of this service is based on your consent.
Marketing
Google Ads
We use Google Ads, an online advertising service provided by Google. Google Ads enables us to show advertisements in the Google search engine or on third-party websites when the user enters certain search terms on Google (keyword targeting). Furthermore, targeted advertisements can be shown on the basis of user data available to Google (e.g. location data and interests) (target group targeting). With the help of Google Ads, we can evaluate this data quantitatively, for example, which search terms have led to the display of our advertisements and how many ads have resulted in corresponding clicks. The use of this service is based on your consent.
Google Ads Remarketing
We also use the remarketing functions Google Ads. Google Ads Remarketing allows us to assign people who interact with our advertisements and website to specific target groups and to display interest-based advertising to them within the Google advertising network.
Further, the advertising target groups created by us using Google Ads Remarketing can be linked to Google's cross-device functions. This means that interest-based, personalised advertising (that is advertising that has been adapted to you depending on your previous usage and surfing behaviour) can also be displayed on another of your end devices (e.g. tablet or PC). The use of this service is based on your consent.
Google Conversion Tracking
We also use Google Conversion Tracking. With the help of Google conversion tracking, we and Google can recognize whether the user has performed certain actions. For example, we can evaluate which buttons on our website were clicked how often and which products were viewed or purchased particularly frequently. This information is used to create conversion statistics. We also learn the total number of users who clicked on our ads and what actions they took. We do not receive any information with which we can personally identify the user. Google itself uses cookies or comparable recognition technologies for identification. The use of this service is based on your consent.
Cookie Consent
When you first visit my website, you will be asked to give your consent to cookies being stored on your device. You can accept all cookies or adjust your cookie settings to store only some of the above categories of cookies on your device. You can also refuse all cookies, except for necessary cookies, which are cookies that are required for the proper functioning of the website.
You should be aware that if you disable/reject certain cookies, we will not be able to provide you with the best possible user experience on my website, as there may be services and features that you will not be able to use if cookies are required for us to remember the choices you have made.
You can revoke your consent or change your cookie settings at any time.
How to control cookies?
You can set your web browser to disable cookies. Please note that most browsers offer different ways to protect your privacy. If you do not activate or deactivate certain cookies via the browser settings, it is possible that certain functionalities will not be available to you as expected.
You can configure the use of cookies in your browser settings by following the relevant link Google Chrome, Mozilla Firefox, Microsoft Edge, Opera, Safari at any time or deactivate them completely.
Please note that if you disable cookies in this way, you will not be able to set new cookies. However, it will not prevent previously set cookies from continuing to work on your device until you clear all cookies in your browser settings.
Changes
We may update this Cookie Policy from time to time. If we make changes to this Cookie Policy, we will revise the effective date. This Cookie Policy was last updated on Sunday, 9th of June, 2024.
Questions
If you feel that the above is not sufficient or if you have any queries as regards the collection, processing or use of your information I`m looking forward to hearing from you. I will make every effort to reply as soon as possible and take into consideration any suggestions from your end.
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