This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the associated websites, functions and contents as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as “online offer”). With regard to the terms used, e.g. “processing” or “responsible person”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Köpenicker Street 101
e-mail address: email@example.com
Managing director: Arne Weingart
Data protection officer: Zsolt Barat
types of data processed:
– inventory data (e.g., names, addresses)
– Contact information (e.g., e-mail, phone numbers)
– Content data (e.g., text input, photographs, videos)
– Usage data (e.g., websites visited, interest in content, access times)
– Meta/communication data (e.g., device information, IP addresses)
Categories of affected persons
Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as “users”).
purpose of the processing
– Provision of the online offer, its functions and contents
– Responding to contact requests and communication with users
– Security measures
– Reach Measurement/Marketing
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations, whether or not automated, performed upon personal data. The term is broad and covers practically all data processing.
The processing of personal data in such a way that the personal data cannot be attributed to a specific data subject without the inclusion of additional information, provided that this additional information is kept separate and is subject to technical and organizational measures that ensure that the personal data is not attributed to an identified or identifiable natural person.
“Profiling” any type of automated processing of personal data consisting in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the job performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or change of location of such natural person.
The term “Controller” is used to describe the natural or legal person, authority, institution or other body which alone or jointly with others decides on the purposes and means of processing personal data.
“controller” means the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
“Applicable legal basis”
In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not stated in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering inquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing for the purpose of safeguarding our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
These measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling the physical access to the data, as well as the access, input, disclosure, security of availability and separation of the data relating to them. Furthermore, we have established procedures to ensure that the rights of data subjects are exercised, data is deleted, and we respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly presettings (Art. 25 DSGVO).
Cooperation with contract 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 is only done on the basis of a legal authorization (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the performance of the contract in accordance with Art. 6 para. 1 lit. b DSGVO), if you have consented, if 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 “contract processing agreement”, this is done on the basis of Art. 28 DSGVO.
transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using the services of third parties or disclosure or transfer of data to third parties, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or transfer the data in a third country if the special requirements of Art. 44 ff. DSGVO. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of the data subjects
You have the right to request confirmation as to whether or not data in question is being processed and to receive information about this data and to receive further information and a copy of the data in accordance with Art. 15 of the Data Protection Act.
You have accordingly. Art. 16 DSGVO the right to request the completion of data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 DSGVO, you have the right to demand that data concerning you be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand that the processing of the data be restricted.
You have the right to demand that the data concerning you, which you have made available to us, be received in accordance with Art. 20 DSGVO and to demand its transfer to other responsible parties.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.
right of revocation
You have the right to revoke consents granted in accordance with Art. 7 para. 3 DSGVO with effect for the future
right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 DSGVO. The objection may in particular be made against processing for the purposes of direct advertising.
Cookies and right of objection for direct advertising
Cookies” are small files that are stored on the user’s computer. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if it is only their cookies, it is called “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer.
Deletion of data
The data processed by us will be deleted or limited in their processing in accordance with articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons. According to legal requirements in Germany, the storage is in particular for 10 years according to §§ 147 para. 1 AO, 257 para. 1 No. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years according to § 257 para. 1 No. 2 and 3, para. 4 HGB (commercial letters). According to legal requirements in Austria, the storage is in particular for 7 J according to § 132 para. 1 BAO (accounting documents, vouchers / invoices, accounts, receipts, business documents, statement 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-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Google is certified under the Privacy-Shield-Agreement and thus offers a guarantee to comply with the European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our website by the users, to compile reports on the activities within this website and to provide us with further services related to the use of this website and the internet. The processed data can be used to create pseudonymous user profiles of the users.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The users’ personal data will be deleted or anonymized after 14 months.
online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services.
We point out that user data may be processed outside the European Union. This can result in risks for the users, because the enforcement of the users’ rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to point out that by doing so they undertake to comply with the data protection standards of the EU.
Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the user behavior and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behaviour and interests of the users are stored. Furthermore, data may also be stored in the user profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of the users’ personal data is based on our legitimate interests in effective information of the users and communication with the users in accordance with Art. 6 para. 1 lit. f. DSGVO. If users are asked by the respective providers to give their consent to data processing (i.e. to give their consent e.g. by ticking a check box or confirming a button), the legal basis for processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. Should you nevertheless require assistance, please contact us.
Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
Integration of third-party services and content
We set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always assumes that the third party providers of this content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browsers. The IP address is therefore required to display this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “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 contain technical information about the browser and operating system, referring websites, visiting times and other details about the use of our online offer, as well as being linked to such information from other sources.
Use of Facebook Social Plugins
On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) Social Plugins (“Plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”). This may include, for example, content such as images, videos or text and buttons with which users can share content from this online offering within Facebook. The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offer that contains such a plugin, his or her device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated into the online offer by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.
By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his or her Facebook account. When users interact with the plugins, for example, by pressing the Like button or posting a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his or her IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the relevant rights and setting options to protect the privacy of users, can be found in the Facebook data protection information: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offer and link it to his or her membership data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online offer. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
In order to receive the newsletter of our website, we need an email address from you and other data which enable us to check whether you are the owner of the email address mentioned and would like to receive our newsletter. Further data is not or only voluntarily collected. The collected data will not be passed on to third parties and will only be used for the delivery of the newsletter.
The processing of the data entered to register for the receipt of the newsletter is based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address as well as its use for sending the newsletter at any time, for example by clicking on the “unsubscribe” link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.
The data you have provided us with for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and deleted after you have cancelled your subscription. Data that has been stored by us for other purposes remains unaffected by this.
We use the services of MailChimp for sending newsletters. Provider is Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.
MailChimp is a service that can be used to organize and analyze the sending of newsletters. If you enter data for the purpose of receiving newsletters (e.g. e-mail address), this data is stored on the servers of MailChimp in the USA.
MailChimp is certified according to the “EU-US-Privacy-Shield”. The “Privacy-Shield” is an agreement between the European Union (EU) and the USA, which is intended to ensure compliance with European data protection standards in the USA.
With the help of MailChimp we can analyze our newsletter campaigns. When you open an e-mail sent with MailChimp, a file contained in the e-mail (so-called web-beacon) connects to the servers of MailChimp in the USA. This way it can be determined whether a newsletter message was opened and which links were clicked on, if any. Furthermore, technical information is collected (e.g. time of retrieval, IP address, browser type and operating system). This information cannot be assigned to the respective newsletter recipient. It is used exclusively for statistical analysis of newsletter campaigns. The results of these analyses can be used to better adapt future newsletters to the interests of the recipients.
If you do not want to receive analysis by MailChimp, you must unsubscribe from the newsletter. For this purpose we provide a link in every newsletter message. You can also unsubscribe directly on the website.
The data processing is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time by unsubscribing the newsletter. The legality of the data processing operations that have already taken place remains unaffected by the revocation.
The data that you provide us with for the purpose of subscribing to the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from our servers as well as from the servers of MailChimp after the cancellation of the newsletter. Data which is stored for other purposes (e.g. e-mail addresses for the member area) remains unaffected.
conclusion of a Data-Processing-Agreement
We have a so-called “Data-Processing-Agreement” with MailChimp, in which we commit MailChimp to protect the data of our customers and not to pass them on to third parties. This agreement can be viewed under the following link: https://mailchimp.com/legal/forms/data-processing-agreement/sample-agreement/.