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 content 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, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
PERSON IN CHARGE
Hechtstr. 83c, 01097 Dresden, Germany
Legal notice: https://en.marcel-weyers.de/legalnotice/
TYPES OF DATA PROCESSED:
- Inventory data (for example, names, addresses).
- Contact data (e.g. e-mail, telephone 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 (hereinafter referred to collectively as “users”).
PURPOSE OF PROCESSING
- Provision of the online offer, its functions and contents.
- Answer contact requests and communicate with users.
- Security measures.
- Reach measurement/marketing
The person responsible collects data when registering for the newsletter.
The collected data will only be used to send the newsletter and will not be passed on to third parties.
Data collected are:
- Name, first name
- email address
HANDLING OF PERSONAL DATA
The person responsible collects, uses and passes on your personal data only if this is permitted by law or if you consent to the collection of data. Personal data is all information which serves to determine your person and which can be traced back to you – for example your name, e-mail address and telephone number.
“personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (e.g. a cookie) or to one or more specific characteristics which express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is regarded as identifiable.
“processing’ means any operation or set of operations which is carried out with or without the aid of automated processes and which involves personal data. The term reaches far and covers practically every handling of data.
“pseudonymisation’ means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
“profiling” means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.
controller” means any natural or legal person, public authority, agency or body which alone or jointly with others determines the purposes and means of the processing of personal data.
“processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
RELEVANT LEGAL BASES
In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. If the legal basis is not mentioned in the privacy statement, 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 in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing in order to safeguard 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 necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.
In accordance with Art. 32 DSGVO, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, extent, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons.
Measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to, access to, inputting, disclosure, securing and separation of data. In addition, we have established procedures to ensure that data subjects’ rights are exercised, that data is deleted and that we react to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).
COOPERATION WITH PROCESSORS OF ORDERS AND THIRD PARTIES
Insofar as we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 Para. 1 lit. b DSGVO is necessary for the performance of the contract), if you have consented to this, 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 with the processing of data on the basis of a so-called “order processing contract”, 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 the use of third-party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. Process DSGVO. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or the observance of officially recognised special contractual obligations (so-called “standard contractual clauses”).
RIGHTS OF THE PERSONS CONCERNED
You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.
They have accordingly. Art. 16 DSGVO the right to request the completion of data concerning you or the correction of incorrect data concerning you.
Pursuant to Art. 17 DSGVO, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data pursuant to Art. 18 DSGVO.
You have the right to demand that we receive the data concerning you that you have provided to us in accordance with Art. 20 DSGVO and to demand that it be transferred to other responsible parties.
Pursuant to Art. 77 DSGVO, they also have the right to file a complaint with the competent supervisory authority.
They have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with effect for the future.
RIGHT OF OBJECTION
You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. The objection may in particular be lodged against processing for the purposes of direct marketing.
COOKIES AND RIGHT TO OBJECT TO DIRECT ADVERTISING
Cookies” are small files that are stored on the user’s computer. Different data 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 the user’s 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. The content of a shopping cart in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. Third-Party-Cookie” are cookies that are offered by other providers than the responsible person who operates the online service (otherwise, if they are only their cookies, one speaks of “First-Party Cookies”).
If users do not wish 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 restrictions of this online offer.
DELETION OF DATA
The data processed by us will be deleted or their processing restricted in accordance with Art. 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 there are no legal obligations to retain them. 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 will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 und 4, Abs. 4 HGB (books, records, management reports, accounting documents, commercial books, for taxation of relevant documents, etc.) and 6 years according to § 257 Abs. 1 Nr. 2 und 3, Abs. 4 HGB (commercial letters).
According to legal requirements in Austria, the storage is carried out in particular for 7 years in accordance with § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, 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 which are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.
Additionally we process
- Contract data (for example, contract object, duration, customer category).
- Payment data (for example, bank details, payment history)
by our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.
We process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., within the scope of evaluating and measuring the success of marketing measures). We do not process special categories of personal data in principle, unless these are components of a commissioned processing. Affected parties include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimisation, security measures). We process data which are necessary for the justification and fulfilment of the contractual services and point out the necessity of their specification. Disclosure to external parties only takes place if it is required within the framework of an order. When processing the data provided to us within the framework of an order, we shall act in accordance with the instructions of the customer and the statutory requirements for order processing pursuant to Art. 28 DSGVO and shall not process the data for any purposes other than those specified in the order.
We delete the data after expiration of legal warranty and comparable obligations. the necessity of the storage of the data is reviewed every three years; in the case of legal archiving obligations the deletion takes place after their expiration (6 J, according to § 257 Abs. 1 HGB, 10 J, according to § 147 Abs. 1 AO). In the case of data disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, in principle after the end of the order.
ADMINISTRATION, FINANCIAL ACCOUNTING, OFFICE ORGANIZATION, CONTACT MANAGEMENT
We process data in the context of administrative tasks as well as the organisation of our business, financial accounting and compliance with legal obligations, such as archiving. Here we process the same data that we process within the framework of the provision of our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks which serve the maintenance of our business activities, performance of our tasks and provision of our services. The cancellation of the data with regard to contractual services and contractual communication corresponds to the data specified in these processing activities.
We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.
Furthermore, on the basis of our business interests, we store information on suppliers, organisers and other business partners, e.g. for the purpose of establishing contact at a later date. This data, which is mainly company-related, is stored permanently.
PARTICIPATION IN AFFILIATE PARTNER PROGRAMS
Within our online offer, we use customary tracking measures on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer) pursuant to Art. 6 Para. 1 lit. f DSGVO, insofar as these are necessary for the operation of the affiliate system. In the following we inform the users about the technical background.
The services offered by our contractual partners can also be advertised and linked on other websites (so-called affiliate links or after-buy systems if, for example, links or services of third parties are offered after a contract has been concluded). The operators of the respective websites receive a commission if users follow the affiliate links and then take advantage of the offers.
In summary, our online offering requires us to be able to track whether users who are interested in affiliate links and/or the offers available from us subsequently perceive the offers at the instigation of the affiliate links or our online platform. For this purpose, the affiliate links and our offers are supplemented by certain values that can be set as part of the link or otherwise, e.g. in a cookie. The values include in particular the source website (referrer), time, an online identification of the operator of the website on which the affiliate link was located, an online identification of the respective offer, an online identification of the user, as well as tracking specific values such as advertising material ID, partner ID and categorizations.
The online identifiers of the users used by us are pseudonymous values. This means that the online identifiers themselves do not contain any personal data such as names or e-mail addresses. They only help us to determine whether the same user who clicked on an affiliate link or was interested in an offer via our online offer has taken up the offer, i.e. concluded a contract with the provider, for example. However, the online identifier is personal to the extent that the partner company and we have the online identifier together with other user data. This is the only way the partner company can tell us whether the user has taken up the offer and we can, for example, pay out the bonus.
AMAZON AFFILIATE PROGRAM
We are not liable on the basis of our legitimate interests (i.e. interest in the economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f.). DSGVO) Participant of the partner program of Amazon EU, which was designed to provide a medium for websites, by means of which through the placement of advertisements and links to Amazon.de advertising costs can be earned (so-called affiliate system). I.e. as Amazon partner we earn on qualified purchases.
Note: Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or one of its affiliates.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details will be processed for the purpose of processing the contact enquiry and processing it in accordance with Art. 6 Para. 1 lit. b) DSGVO. The user data can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.
We will delete the requests if they are no longer necessary. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
HOSTING AND E-MAIL DISPATCH
The hosting services used by us serve the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service.
Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors to this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).
COLLECTION OF ACCESS DATA AND LOGFILES
We, and/or our Hostinganbieter, raise on basis of our entitled interests in the sense of the art. 6 Abs. 1 lit. f. DSGVO Data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, 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. for the clarification of abuse or fraud actions) for the duration of maximally 7 days and deleted afterwards. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.
JETPACK (WORDPRESS STATS)
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Civil Code), we make use of the information provided on this website. DSGVO) the Plugin Jetpack (here the subfunction “WordPress Stats”), which includes a tool for statistical evaluation of visitor access and from Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Jetpack uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site.
ONLINE PRESENCES IN SOCIAL MEDIA
We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users who communicate with us within social networks and platforms, e.g. post articles on our online presence or send us messages.
INTEGRATION OF SERVICES AND CONTENTS OF THIRD PARTIES
Within the scope of our online offer, we act on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f. of the German Civil Code). DSGVO) 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 presupposes that the third-party providers of this content perceive the IP address of the user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of these contents. We strive to use only those contents, whose respective offerers use the IP address only for the distribution of the contents. Third parties 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 include technical information about the browser and operating system, referring websites, visit times and other information about the use of our website, as well as may be linked to such information from other sources.
We use the privacy-secure “Shariff” buttons. “Shariff” was developed to provide more privacy on the net and to replace the usual “share” buttons of social networks. It is not the browser of the user, but the server on which this online offer is located, which establishes a connection with the server of the respective social media platforms and queries, for example, the number of Likes, etc.. The user remains anonymous. More information about the Shariff project can be found at the developers of the magazine c’t: www.ct.de.