Privacy Policy

01Controller

Controller within the meaning of the GDPR is the person named above. For any question relating to data protection you can reach us at these contact details.

02Principles and legal bases

Personal data means any information relating to an identified or identifiable natural person, for example a name, an email address, a telephone number or an IP address.

We process such data only where a legal basis exists, in particular:

This website can generally be used without providing any personal data. Processing beyond what is technically necessary takes place only if you have actively consented to it beforehand.

03Hosting and access data

When you visit this website, your browser automatically transmits information to the web server, where it is stored temporarily in a log file. This includes in particular: the IP address of the requesting device, date and time of access, the requested page or file and the volume of data transferred, browser type and version, operating system, and the referring page.

04Cookies and consent

Without your consent, this website sets no tracking cookies and no third-party cookies. Storage in your browser is limited to the following categories, which you can manage through the consent banner shown on your first visit:

The banner lets you accept all categories, reject all non-essential categories, or make an individual selection, each option is equally accessible. You may withdraw or change your choice at any time with effect for the future via the Cookie Settings link in the footer of every page. The lawfulness of processing carried out before a withdrawal remains unaffected.

05Contact by email or telephone

If you contact us by email or telephone, for example regarding a branding engagement or event coverage, we process the data you provide (in particular your name, email address, telephone number and the content of your message) in order to handle your enquiry and for possible follow-up questions.

The legal basis is the performance of pre-contractual measures or of a contract (Art. 6 (1)(b) GDPR) where your enquiry is aimed at a possible engagement, and otherwise our legitimate interest in answering your enquiry (Art. 6 (1)(f) GDPR).

You are neither legally nor contractually obliged to provide your data. Without it, however, we cannot process your enquiry.

We store enquiry data until your request has been dealt with conclusively and delete it thereafter, as a rule no later than six months afterwards. If your enquiry leads to a contract, we retain the data for the duration of the statutory retention and warranty periods (preservation of evidence pursuant to § 1489 ABGB, under tax law as a rule seven years pursuant to § 132 BAO).

06Photography and published imagery

Part of our work is reportage photography at public events such as motorsport races, sport events and automotive gatherings. Photographs published in the archive of this website may show persons who were present at such events. The legal basis for this publication is our legitimate interest in documentary and artistic photographic work and in presenting it publicly (Art. 6 (1)(f) GDPR in conjunction with the freedom of expression and of the arts), taking into account § 12 and § 13 DSG.

If you are identifiable in a published photograph and object to its publication, please contact us at martin@kubanka.at stating the gallery and image concerned. We will review every request promptly and remove images where your interests worthy of protection outweigh our interest in publication.

07Web analytics

With your consent, this website uses services of Google to evaluate how the website is used. The Tag Manager container and the Google tag (gtag.js) are loaded only after you have actively consented via the consent banner. Before that, no connection to Google is established, and the noscript fallback of the service is deliberately not used.

You can withdraw your consent at any time with effect for the future via the Cookie Settings link in the footer. Existing analytics cookies are then removed and no further data is collected.

Event data and user data in Google Analytics are each retained for 14 months. The retention option reset user data on new activity is enabled: with every new interaction, the 14-month retention period for the data associated with your user identifier starts anew, so user data is deleted 14 months after your last activity. Event data expires 14 months after it was collected. Aggregated standard reports are not affected by these retention settings.

Where data is transferred to the USA, Google LLC is certified under the EU-U.S. Data Privacy Framework, and standard contractual clauses pursuant to Art. 46 GDPR are in place as well (see section 12). Details: policies.google.com/privacy.

In addition, we use Google Search Console, a webmaster service of Google that provides us with aggregated information about the visibility of this website in Google Search, for example search queries, impressions and clicks. Search Console does not run any code on this website, sets no cookies and does not give us access to personal data of individual visitors.

08Online advertising and measurement

Only if you consent to the Marketing category in the cookie banner do we measure the success of our ads and can show ads again later to people who have visited our website:

For the collection and transmission of data via the Meta Pixel we are jointly responsible with Meta (Art. 26 GDPR). Any further processing is carried out under Meta’s sole responsibility: www.facebook.com/privacy/policy

You can withdraw your consent at any time with effect for the future via the Cookie Settings link in the footer.

09Lead forms on social media

If you submit your contact details through a lead form on Instagram, Facebook or TikTok, we process this information to handle your enquiry (Art. 6 (1)(b) GDPR).

If you have expressly agreed in the form, we will also contact you by email or telephone about our services, offers and events (Art. 6 (1)(a) GDPR, § 174 TKG 2021). You can withdraw this consent at any time by email.

10Social media and external links

We refer to our presences on Instagram, Facebook and other platforms only with simple links. Data is transmitted to the respective provider only once you click such a link. The same applies to references to external sources, for example in the Encyclopaedia of Perception. The privacy notices of the respective providers apply to processing on those platforms and sites.

This website uses no social-media plug-ins and no embedded third-party content such as maps or external video players. The web fonts used are hosted on our own server, no connection to any font provider is established when you visit this website.

11Recipients and processors

Within our organisation, access to your data is limited to what is required for the purposes stated above. Beyond that, we share data only with carefully selected service providers where this is necessary to operate the website and run our business, in particular with:

• our hosting provider, which operates the web server for kubanka.at within the European Union (processor pursuant to Art. 28 GDPR),
• Google Ireland Limited as provider of Google Tag Manager, Google Analytics 4 and Google Ads, in each case only after your consent (see section 7 and section 8),
• Meta Platforms Ireland Limited as provider of the Meta Pixel, only after your consent (see section 8),
• our tax advisor, to the extent required by accounting obligations, and
• public authorities, where we are legally obliged to disclose data.

No data is passed to third parties beyond this unless we are legally required to do so or you have expressly consented.

12Transfers to third countries

Apart from the services of Google and Meta described in section 7 and section 8, all processing described in this policy takes place on servers within the European Union or the European Economic Area.

Where Google or Meta transfer data to the USA, this is based on the European Commission’s adequacy decision of 10 July 2023 for recipients certified under the EU-U.S. Data Privacy Framework (which includes Google LLC), supplemented by standard contractual clauses pursuant to Art. 46 GDPR. A copy of the safeguards relied upon is available on request. These transfers take place only if you have consented to the respective category.

13Storage period

We process personal data only for as long as is necessary for the respective purpose. Data is then deleted, unless statutory retention obligations require longer storage, in particular retention periods under company and tax law, as a rule seven years.

Where possible, specific periods are also stated with the individual processing operations above.

14Your rights

• AccessArt. 15 GDPR
• RectificationArt. 16 GDPR
• ErasureArt. 17 GDPR
• RestrictionArt. 18 GDPR
• Data portabilityArt. 20 GDPR
• ObjectionArt. 21 GDPR
• Withdrawal of consentArt. 7 (3) GDPR
• ComplaintArt. 77 GDPR

Right to object: where we process data on the basis of legitimate interests (Art. 6 (1)(f) GDPR), you have the right to object to that processing at any time on grounds relating to your particular situation.

Where processing is based on your consent, you may withdraw it at any time with effect for the future. The lawfulness of the processing carried out before the withdrawal remains unaffected.

To exercise any of your rights, a message to the contact details in section 1 is sufficient. If you believe that the processing of your data infringes data protection law, you may lodge a complaint with the supervisory authority:

15No automated decision-making

No automated decision-making, including profiling, that produces legal effects concerning you or similarly significantly affects you within the meaning of Art. 22 GDPR takes place.

16Use of artificial intelligence

Kubanka Smart Media Solutions uses AI-supported tools in parts of its service delivery. We do so where they demonstrably improve the quality of the result and the speed of execution, for example in research, in image and video editing, in software development and in the preparation of text and design drafts.

Responsibility stays with people. Every result is reviewed, editorially refined and approved by us before it is handed over to clients or published. AI does not replace professional judgement in our work, it supports it.

How we classify content:

Content in the latter two categories is labelled where it is published, visibly on the work itself or in its immediate description. In addition, where technically possible, we carry over the machine-readable provenance data of the systems used into the metadata.

Photography. Our photographic work is documentary. Classic image editing such as exposure and color correction, cropping, retouching of distracting elements or denoising does not change the depicted facts and therefore does not count as AI generation, even where AI-supported filters are used.

Chat and dialogue systems. Where we operate automated dialogue systems for ourselves or on behalf of clients, we point out at the start of the conversation that you are interacting with an AI system.

Legal framework. The basis is Article 50 of Regulation (EU) 2024/1689 (AI Act), whose transparency obligations apply from 2 August 2026. If you have questions about the use of AI in a specific project, please contact martin@kubanka.at.

17Changes to this policy

We update this policy when our services, the tools we use or the legal situation change. The version published here applies.