This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as “online offering”). With regard to the terms used, such as “processing” or “controller,” we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
CONTROLLER
Stefan Heikens
Waltjenstr. 59
28237 Bremen, Germany
info (a) einsneunzig.de
TYPES OF DATA PROCESSED
– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, phone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
CATEGORIES OF DATA SUBJECTS
Visitors and users of the online offering (hereinafter, we also refer to the data subjects collectively as “users”).
PURPOSE OF PROCESSING
– Provision of the online offering, its functions, and content.
– Responding to contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing.
TERMS USED
“Personal data” is any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); A natural person is considered identifiable if they can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie), or one or more special characteristics that express the physical, physiological, genetic, psychological, economic, cultural, or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term has a broad meaning and covers virtually any handling of data.
The “controller” is the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data.
RELEVANT LEGAL BASES
In accordance with Art. 13 GDPR, we hereby inform you of the legal bases for our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures as well as for responding to inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 (1) lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) lit. d GDPR serves as the legal basis.
COOPERATION WITH PROCESSORS AND THIRD PARTIES
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transfer it to them, or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g., if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract pursuant to Art. 6 (1) (b) GDPR) you have given your consent, a legal obligation provides for this, or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called “data processing agreement”, this is done on the basis of Art. 28 GDPR.
TRANSFERS TO THIRD PARTIES
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of using third-party services or disclosing or transferring data to third parties, this will only take place if it is necessary for the fulfillment of our (pre)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection equivalent to that of the EU (e.g., for the US through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
RIGHTS OF DATA SUBJECTS
You have the right to request confirmation as to whether data concerning you is being processed and to obtain information about this data, as well as further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 GDPR, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to request that the data concerned be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.
You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that it be transferred to other controllers.
Furthermore, in accordance with Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
RIGHT OF WITHDRAWAL
You have the right to withdraw your consent in accordance with Art. 7 (3) GDPR with effect for the future.
RIGHT TO OBJECT
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. In particular, the objection may be made against processing for direct marketing purposes.
COOKIES AND RIGHT TO OBJECT TO DIRECT MARKETING
Cookies are small files that are stored on users‘ computers. Various types of information can be stored in cookies. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent.” For example, the login status can be stored if users visit the site after several days. Such cookies can also store the interests of users, which are used for reach measurement or marketing purposes. Cookies that are offered by providers other than the controller operating the online offer are referred to as “third-party cookies” (otherwise, if they are only the controller’s cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies may lead to functional restrictions of this online offer.
A general objection to the use of cookies for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that in this case, not all functions of this online offer may be available.
DELETION OF DATA
The data we process will be deleted or restricted in its processing in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal retention obligations that prevent deletion. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
In accordance with legal requirements in Germany, data is stored for 6 years in particular in accordance with Section 257 (1) of the German Commercial Code (HGB) (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with Section 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
According to legal requirements in Austria, records must be retained for 7 years in particular in accordance with Section 132 (1) BAO (accounting documents, receipts/invoices, accounts, vouchers, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate, and for 10 years for documents in connection with electronically provided services, telecommunications, radio, and television services provided to non-businesses in EU member states and for which the Mini One Stop Shop (MOSS) is used.
BUSINESS-RELATED PROCESSING
In addition, we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)
from our customers, prospects, and business partners for the purpose of providing contractual services, customer care, marketing, advertising, and market research.
HOSTING
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services, which we use for the purpose of operating this online offering.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties, and visitors to this online offering on the basis of our legitimate interests in the efficient and secure provision of this online offering in accordance with Art. 6 (1) lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
COLLECTION OF ACCESS DATA AND LOG FILES
We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 (1) lit. f GDPR. The access data includes the name of the website accessed, the file, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.
Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum period of 7 days and then deleted. Data that must be retained for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.
PROVISION OF CONTRACTUAL SERVICES
We process inventory data (e.g., names and addresses as well as contact details of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 (1) lit. b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
When you use our online services, we store the IP address and the time of the respective user action. Storage is based on our legitimate interests, as well as those of users, in protection against misuse and other unauthorized use. This data is not passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR.
We process usage data (e.g., the websites visited on our online offering, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to display product information to the user based on the services they have used to date.
The data is deleted after the expiry of statutory warranty and comparable obligations; the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the data is deleted after their expiry. Information in any customer account remains until it is deleted.
AMAZON PARTNER PROGRAM
We are participants in the Amazon EU Partner Program based on our legitimate interests (i.e., interest in the economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we participate in the Amazon EU affiliate program, which was designed to provide a medium for websites through which advertising costs can be earned by placing advertisements and links to Amazon.com (so-called affiliate system). Amazon uses cookies to track the origin of orders. Among other things, Amazon can recognize that you clicked on the affiliate link on this website and subsequently purchased a product from Amazon.
For more information on Amazon’s use of data and how to object, please refer to the company’s privacy policy: http://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401.
COMMENTS AND POSTS
When users leave comments or other posts, their IP addresses are stored for 7 days on the basis of our legitimate interests within the meaning of Art. 6 (1) lit. f. GDPR. This is for our security in case someone leaves illegal content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or contribution and are therefore interested in the identity of the author.
AKISMET ANTI-SPAM CHECK
Our online offering uses the “Akismet” service provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Use is based on our legitimate interests within the meaning of Art. 6 (1) lit. f) GDPR. This service helps distinguish comments from real people from spam comments. To do this, all comment information is sent to a server in the USA, where it is analyzed and stored for four days for comparison purposes. If a comment is classified as spam, the data is stored beyond this period. This information includes the name entered, the email address, the IP address, the comment content, the referrer, information about the browser and computer system used, and the time of entry.
Automattic is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://policies.google.com/privacy?hl=en-US).
For more information on the collection and use of data by Akismet, please refer to Automattic’s privacy policy: https://automattic.com/privacy/.
Users are welcome to use pseudonyms or refrain from entering their name or email address. You can completely prevent the transfer of data by not using our comment system. That would be a shame, but unfortunately we see no other alternatives that work as effectively.
ONLINE PRESENCE ON SOCIAL MEDIA
We maintain an online presence on social networks and platforms in order to communicate with customers, interested parties, and users who are active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our privacy policy, we process the data of users who communicate with us within social networks and platforms, e.g., by posting on our online presences or sending us messages.
INTEGRATION OF THIRD-PARTY SERVICES AND CONTENT
Within our online offering, we use third-party content and services on the basis of our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. GDPR) content or service offerings from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always requires that the third-party providers of this content perceive the IP address of the users, as they would not be able to send the content to their browsers without the IP address. The IP address is therefore necessary for the display of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include technical information about the browser and operating system, referring websites, visit time, and other information about the use of our online offering, and may be linked to such information from other sources.
YOUTUBE
We embed videos from the YouTube platform provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://policies.google.com/privacy?hl=en-US
Created with Datenschutz-Generator.de by attorney Dr. Thomas Schwenke.