INTRODUCTION
WITH THE FOLLOWING DATA PROTECTION DECLARATION, WE WOULD LIKE TO INFORM YOU ABOUT THE TYPES OF YOUR PERSONAL DATA (HEREINAFTER ALSO REFERRED TO AS “DATA”) THAT WE PROCESS, FOR WHAT PURPOSES AND TO WHAT EXTENT. THE DATA PROTECTION STATEMENT APPLIES TO ALL PROCESSING OF PERSONAL DATA CARRIED OUT BY US, BOTH IN THE CONTEXT OF THE PROVISION OF OUR SERVICES AND, IN PARTICULAR, ON OUR WEBSITES, IN MOBILE APPLICATIONS AND WITHIN EXTERNAL ONLINE PRESENCES, SUCH AS OUR SOCIAL MEDIA PROFILES (HEREINAFTER COLLECTIVELY REFERRED TO AS “ONLINE OFFER”).
THE TERMS USED ARE NOT GENDER-SPECIFIC.
STATUS: 9 SEPTEMBER 2021
RESPONSIBLE
KC PRODUCTION GMBH
NALEPASTRASSE 18
12459 BERLIN
AUTHORISED REPRESENTATIVE: MICHAEL WEICKER.
EMAIL: INFO@KINGCOBRA.BERLIN.
OVERVIEW OF PROCESSING
THE FOLLOWING OVERVIEW SUMMARISES THE TYPES OF DATA PROCESSED AND THE PURPOSES OF THEIR PROCESSING AND REFERS TO THE DATA SUBJECTS.
TYPES OF DATA PROCESSED
INVENTORY DATA (E.G. NAMES, ADDRESSES).
CONTENT DATA (E.G. ENTRIES IN ONLINE FORMS).
CONTACT DATA (E.G. E-MAIL, TELEPHONE NUMBERS).
META/COMMUNICATION DATA (E.G. DEVICE INFORMATION, IP ADDRESSES).
USAGE DATA (E.G. WEB PAGES VISITED, INTEREST IN CONTENT, ACCESS TIMES).
CATEGORIES OF DATA SUBJECTS
COMMUNICATION PARTNERS.
USERS (E.G. WEBSITE VISITORS, USERS OF ONLINE SERVICES).
PURPOSES OF PROCESSING
PROVISION OF OUR ONLINE SERVICES AND USER FRIENDLINESS.
FEEDBACK (E.G. COLLECTING FEEDBACK VIA ONLINE FORM).
MARKETING.
CONTACT REQUESTS AND COMMUNICATION.
PROVISION OF CONTRACTUAL SERVICES AND CUSTOMER SERVICE.
RELEVANT LEGAL BASIS
THE FOLLOWING IS AN OVERVIEW OF THE LEGAL BASIS OF THE DSGVO ON THE BASIS OF WHICH WE PROCESS PERSONAL DATA. PLEASE NOTE THAT IN ADDITION TO THE PROVISIONS OF THE DSGVO, NATIONAL DATA PROTECTION REGULATIONS MAY APPLY IN YOUR OR OUR COUNTRY OF RESIDENCE OR DOMICILE. SHOULD MORE SPECIFIC LEGAL BASES BE RELEVANT IN INDIVIDUAL CASES, WE WILL INFORM YOU OF THESE IN THE DATA PROTECTION DECLARATION.
CONSENT (ART. 6 PARA. 1 S. 1 LIT. A. DSGVO) – THE DATA SUBJECT HAS GIVEN HIS/HER CONSENT TO THE PROCESSING OF PERSONAL DATA RELATING TO HIM/HER FOR ONE OR MORE SPECIFIC PURPOSES.
PERFORMANCE OF A CONTRACT AND PRE-CONTRACTUAL ENQUIRIES (ART. 6 PARA. 1 S. 1 LIT. B. DSGVO) – PROCESSING IS NECESSARY FOR THE PERFORMANCE OF A CONTRACT TO WHICH THE DATA SUBJECT IS A PARTY OR FOR CARRYING OUT PRE-CONTRACTUAL MEASURES AT THE DATA SUBJECT’S REQUEST.
LEGITIMATE INTERESTS (ART. 6 PARA. 1 S. 1 LIT. F. DSGVO) – THE PROCESSING IS NECESSARY FOR THE PURPOSES OF THE LEGITIMATE INTERESTS OF THE CONTROLLER OR A THIRD PARTY, EXCEPT WHERE SUCH INTERESTS ARE OVERRIDDEN BY THE INTERESTS OR FUNDAMENTAL RIGHTS AND FREEDOMS OF THE DATA SUBJECT WHICH REQUIRE THE PROTECTION OF PERSONAL DATA.
NATIONAL DATA PROTECTION REGULATIONS IN GERMANY: IN ADDITION TO THE DATA PROTECTION REGULATIONS OF THE BASIC DATA PROTECTION REGULATION, NATIONAL REGULATIONS ON DATA PROTECTION APPLY IN GERMANY. THESE INCLUDE, IN PARTICULAR, THE LAW ON PROTECTION AGAINST MISUSE OF PERSONAL DATA IN DATA PROCESSING
(BUNDESDATENSCHUTZGESETZ – BDSG). IN PARTICULAR, THE BDSG CONTAINS SPECIAL REGULATIONS ON THE RIGHT TO INFORMATION, THE RIGHT TO DELETION, THE RIGHT TO OBJECT, THE PROCESSING OF SPECIAL CATEGORIES OF PERSONAL DATA, THE PROCESSING FOR OTHER PURPOSES AND THE TRANSMISSION AND AUTOMATED DECISION-MAKING IN INDIVIDUAL CASES, INCLUDING PROFILING. FURTHERMORE, IT REGULATES THE PROCESSING OF DATA FOR PURPOSES OF THE EMPLOYMENT RELATIONSHIP (SECTION 26 BDSG), IN PARTICULAR WITH REGARD TO THE ESTABLISHMENT, PERFORMANCE OR TERMINATION OF EMPLOYMENT RELATIONSHIPS AS WELL AS THE CONSENT OF EMPLOYEES. FURTHERMORE, THE DATA PROTECTION LAWS OF THE INDIVIDUAL FEDERAL STATES CAN BE APPLIED.
SECURITY MEASURE
WE TAKE APPROPRIATE TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE A LEVEL OF PROTECTION APPROPRIATE TO THE RISK, AS REQUIRED BY LAW, TAKING INTO ACCOUNT THE STATE OF THE ART, THE COST OF IMPLEMENTATION AND THE NATURE, SCOPE, CIRCUMSTANCES AND PURPOSES OF THE PROCESSING, AS WELL AS THE DIFFERENT PROBABILITIES OF OCCURRENCE AND THE LEVEL OF RISK TO THE RIGHTS AND FREEDOMS OF NATURAL PERSONS.
THE MEASURES INCLUDE, IN PARTICULAR, SAFEGUARDING THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY OF DATA BY CONTROLLING PHYSICAL AND ELECTRONIC ACCESS TO THE DATA AS WELL AS ACCESS TO, INPUTTING, DISCLOSURE, ENSURING AVAILABILITY AND SEGREGATION OF THE DATA. WE ALSO HAVE PROCEDURES IN PLACE TO ENSURE THE EXERCISE OF DATA SUBJECTS’ RIGHTS, THE DELETION OF DATA AND RESPONSES TO DATA COMPROMISE. FURTHERMORE, WE ALREADY TAKE THE PROTECTION OF PERSONAL DATA INTO ACCOUNT IN THE DEVELOPMENT AND SELECTION OF HARDWARE, SOFTWARE AND PROCESSES IN ACCORDANCE WITH THE PRINCIPLE OF DATA PROTECTION, THROUGH TECHNOLOGY DESIGN AND THROUGH DATA PROTECTION-FRIENDLY DEFAULT SETTINGS.
TRANSFER OF PERSONAL DATA
IN THE COURSE OF OUR PROCESSING OF PERSONAL DATA, THE DATA MAY BE TRANSFERRED TO OR DISCLOSED TO OTHER ENTITIES, COMPANIES, LEGALLY INDEPENDENT ORGANISATIONAL UNITS OR PERSONS. THE RECIPIENTS OF THIS DATA MAY INCLUDE, FOR EXAMPLE, SERVICE PROVIDERS COMMISSIONED WITH IT TASKS OR PROVIDERS OF SERVICES AND CONTENT THAT ARE INTEGRATED INTO A WEBSITE. IN SUCH CASES, WE COMPLY WITH THE LEGAL REQUIREMENTS AND, IN PARTICULAR, CONCLUDE APPROPRIATE CONTRACTS OR AGREEMENTS WITH THE RECIPIENTS OF YOUR DATA THAT SERVE TO PROTECT YOUR DATA.
TRANSFER OF DATA WITHIN THE ORGANISATION: WE MAY TRANSFER PERSONAL DATA TO OTHER BODIES WITHIN OUR ORGANISATION OR GRANT THEM ACCESS TO SUCH DATA. WHERE THIS TRANSFER IS FOR ADMINISTRATIVE PURPOSES, THE TRANSFER OF THE DATA IS BASED ON OUR LEGITIMATE BUSINESS AND MANAGERIAL INTERESTS OR IS MADE WHERE IT IS NECESSARY FOR THE PERFORMANCE OF OUR CONTRACTUAL OBLIGATIONS OR WHERE WE HAVE OBTAINED THE CONSENT OF THE DATA SUBJECT OR LEGAL PERMISSION.
DATA PROCESSING IN THIRD COUNTRIES
IF WE PROCESS DATA IN A THIRD COUNTRY (I.E., OUTSIDE THE EUROPEAN UNION (EU), THE EUROPEAN ECONOMIC AREA (EEA)) OR PROCESSING TAKES PLACE IN THE CONTEXT OF THE USE OF THIRD PARTY SERVICES OR THE DISCLOSURE OR TRANSFER OF DATA TO OTHER PERSONS, BODIES OR UNDERTAKINGS, SUCH PROCESSING WILL ONLY TAKE PLACE IN ACCORDANCE WITH THE LAW.
SUBJECT TO EXPRESS CONSENT OR CONTRACTUALLY OR LEGALLY REQUIRED TRANSFER, WE ONLY PROCESS OR HAVE DATA PROCESSED IN THIRD COUNTRIES WITH A RECOGNISED LEVEL OF DATA PROTECTION, CONTRACTUAL OBLIGATION THROUGH SO-CALLED STANDARD PROTECTION CLAUSES OF THE EU COMMISSION, IN THE PRESENCE OF CERTIFICATIONS OR BINDING INTERNAL DATA PROTECTION REGULATIONS (ART. 44 TO 49 DSGVO, INFORMATION PAGE OF THE EU COMMISSION: HTTPS://EC.EUROPA.EU/INFO/LAW/LAW-TOPIC/DATA-PROTECTION/INTERNATIONAL-DIMENSION-DATA-PROTECTION_EN).
USE OF COOKIES
COOKIES ARE TEXT FILES THAT CONTAIN DATA FROM VISITED WEBSITES OR DOMAINS AND ARE STORED BY A BROWSER ON THE USER’S COMPUTER. A COOKIE IS PRIMARILY USED TO STORE INFORMATION ABOUT A USER DURING OR AFTER HIS OR HER VISIT WITHIN AN ONLINE OFFER. THE STORED INFORMATION MAY INCLUDE, FOR EXAMPLE, THE LANGUAGE SETTINGS ON A WEBSITE, THE LOGIN STATUS, A SHOPPING CART OR THE LOCATION WHERE A VIDEO WAS WATCHED. THE TERM COOKIES ALSO INCLUDES OTHER TECHNOLOGIES THAT PERFORM THE SAME FUNCTIONS AS COOKIES (E.G. WHEN USER INFORMATION IS STORED USING PSEUDONYMOUS ONLINE IDENTIFIERS, ALSO KNOWN AS “USER IDS”).
THE FOLLOWING COOKIE TYPES AND FUNCTIONS ARE DISTINGUISHED:
TEMPORARY COOKIES (ALSO: SESSION COOKIES): TEMPORARY COOKIES ARE DELETED AT THE LATEST AFTER A USER HAS LEFT AN ONLINE OFFER AND CLOSED HIS BROWSER.
PERMANENT COOKIES: PERMANENT COOKIES REMAIN STORED EVEN AFTER THE BROWSER IS CLOSED. FOR EXAMPLE, THE LOGIN STATUS CAN BE SAVED OR PREFERRED CONTENT CAN BE DISPLAYED DIRECTLY WHEN THE USER VISITS A WEBSITE AGAIN. USER INTERESTS THAT ARE USED FOR REACH MEASUREMENT OR MARKETING PURPOSES MAY ALSO BE STORED IN SUCH A COOKIE.
FIRST-PARTY COOKIES: FIRST-PARTY COOKIES ARE SET BY US.
THIRD-PARTY COOKIES: THIRD-PARTY COOKIES ARE MAINLY USED BY ADVERTISERS (SO-CALLED THIRD PARTIES) TO PROCESS USER INFORMATION.
NECESSARY (ALSO: ESSENTIAL OR ABSOLUTELY NECESSARY) COOKIES: COOKIES MAY BE ABSOLUTELY NECESSARY FOR THE OPERATION OF A WEBSITE (E.G. TO SAVE LOGINS OR OTHER USER ENTRIES OR FOR SECURITY REASONS).
STATISTICAL, MARKETING AND PERSONALISATION COOKIES: COOKIES ARE ALSO GENERALLY USED TO MEASURE REACH AND WHEN A USER’S INTERESTS OR BEHAVIOUR (E.G. VIEWING CERTAIN CONTENT, USING FUNCTIONS, ETC.) ON INDIVIDUAL WEBSITES ARE STORED IN A USER PROFILE. SUCH PROFILES ARE USED, FOR EXAMPLE, TO DISPLAY CONTENT TO USERS THAT CORRESPONDS TO THEIR POTENTIAL INTERESTS. THIS PROCESS IS ALSO KNOWN AS “TRACKING”, I.E. FOLLOWING THE POTENTIAL INTERESTS OF USERS. TO THE EXTENT THAT WE USE COOKIES OR TRACKING TECHNOLOGIES, WE WILL INFORM YOU SEPARATELY IN OUR PRIVACY POLICY OR IN THE CONTEXT OF OBTAINING CONSENT.
NOTES ON LEGAL BASES: THE LEGAL BASIS ON WHICH WE PROCESS YOUR PERSONAL DATA USING COOKIES DEPENDS ON WHETHER WE ASK YOU FOR CONSENT. IF SO, AND YOU CONSENT TO THE USE OF COOKIES, THE LEGAL BASIS FOR THE PROCESSING OF YOUR DATA IS THE CONSENT GIVEN. OTHERWISE, DATA PROCESSED USING COOKIES WILL BE PROCESSED ON THE BASIS OF OUR LEGITIMATE INTERESTS (E.G. IN THE BUSINESS OPERATION AND IMPROVEMENT OF OUR ONLINE SERVICES) OR IF THE USE OF COOKIES IS NECESSARY TO FULFIL OUR CONTRACTUAL OBLIGATIONS.
STORAGE PERIOD: IF WE DO NOT PROVIDE YOU WITH EXPLICIT INFORMATION ON THE STORAGE PERIOD OF PERMANENT COOKIES (E.G. IN THE CONTEXT OF A SO-CALLED COOKIE-OPT-IN), PLEASE ASSUME THAT THE STORAGE PERIOD CAN BE UP TO TWO YEARS.
GENERAL INFORMATION ON REVOCATION AND OPT-OUT: DEPENDING ON WHETHER THE PROCESSING IS BASED ON CONSENT OR LEGAL PERMISSION, YOU HAVE THE POSSIBILITY AT ANY TIME TO REVOKE A GIVEN CONSENT OR TO OBJECT TO THE PROCESSING OF YOUR DATA BY COOKIE TECHNOLOGIES (COLLECTIVELY REFERRED TO AS “OPT-OUT”). YOU CAN INITIALLY DECLARE YOUR OBJECTION BY MEANS OF THE SETTINGS OF YOUR BROWSER, E.G. BY DEACTIVATING THE USE OF COOKIES (WHEREBY THIS MAY ALSO RESTRICT THE FUNCTIONALITY OF OUR ONLINE OFFER). AN OBJECTION TO THE USE OF COOKIES FOR ONLINE MARKETING PURPOSES CAN ALSO BE DECLARED VIA A VARIETY OF SERVICES, ESPECIALLY IN THE CASE OF TRACKING, VIA THE WEBSITES HTTPS://OPTOUT.ABOUTADS.INFO AND HTTPS://WWW.YOURONLINECHOICES.COM/. IN ADDITION, YOU CAN RECEIVE FURTHER INSTRUCTIONS ON HOW TO OBJECT IN THE CONTEXT OF THE INFORMATION ON THE SERVICE PROVIDERS AND COOKIES USED.
PROCESSING OF COOKIE DATA ON THE BASIS OF CONSENT: WE USE A COOKIE CONSENT MANAGEMENT PROCEDURE WITHIN THE FRAMEWORK OF WHICH THE USER’S CONSENT TO THE USE OF COOKIES OR THE PROCESSING AND PROVIDERS NAMED IN THE COOKIE CONSENT MANAGEMENT PROCEDURE CAN BE OBTAINED AND MANAGED AND REVOKED BY THE USER. THE DECLARATION OF CONSENT IS STORED IN ORDER NOT TO HAVE TO REPEAT THE REQUEST AND TO BE ABLE TO PROVE THE CONSENT IN ACCORDANCE WITH THE LEGAL OBLIGATION. THE STORAGE CAN TAKE PLACE ON THE SERVER SIDE AND/OR IN A COOKIE (SO-CALLED OPT-IN COOKIE, OR WITH THE HELP OF COMPARABLE TECHNOLOGIES), IN ORDER TO BE ABLE TO ASSIGN THE CONSENT TO A USER OR THEIR DEVICE. SUBJECT TO INDIVIDUAL INFORMATION ON THE PROVIDERS OF COOKIE MANAGEMENT SERVICES, THE FOLLOWING INFORMATION APPLIES: THE DURATION OF THE STORAGE OF THE CONSENT CAN BE UP TO TWO YEARS. A PSEUDONYMOUS USER IDENTIFIER IS CREATED AND STORED WITH THE TIME OF CONSENT, INFORMATION ABOUT THE SCOPE OF CONSENT (E.G. WHICH CATEGORIES OF COOKIES AND/OR SERVICE PROVIDERS) AND THE BROWSER, SYSTEM AND TERMINAL DEVICE USED.
TYPES OF DATA PROCESSED: USAGE DATA (E.G. WEBSITES VISITED, INTEREST IN CONTENT, ACCESS TIMES), META/COMMUNICATION DATA (E.G. DEVICE INFORMATION, IP ADDRESSES).
DATA SUBJECTS: USERS (E.G. WEBSITE VISITORS, USERS OF ONLINE SERVICES).
LEGAL BASIS: CONSENT (ART. 6 PARA. 1 S. 1 LIT. A. DSGVO), LEGITIMATE INTERESTS (ART. 6 PARA. 1 S. 1 LIT. F. DSGVO).
PROVISION OF THE ONLINE OFFER AND WEB HOSTING
IN ORDER TO PROVIDE OUR ONLINE SERVICE SECURELY AND EFFICIENTLY, WE USE THE SERVICES OF ONE OR MORE WEB HOSTING PROVIDERS FROM WHOSE SERVERS (OR SERVERS MANAGED BY THEM) THE ONLINE SERVICE CAN BE ACCESSED. FOR THESE PURPOSES, WE MAY USE INFRASTRUCTURE AND PLATFORM SERVICES, COMPUTING CAPACITY, STORAGE SPACE AND DATABASE SERVICES, AS WELL AS SECURITY SERVICES AND TECHNICAL MAINTENANCE SERVICES.
THE DATA PROCESSED IN THE COURSE OF PROVIDING THE HOSTING SERVICE MAY INCLUDE ALL INFORMATION RELATING TO THE USERS OF OUR ONLINE SERVICE WHICH IS COLLECTED IN THE COURSE OF USE AND COMMUNICATION. THIS REGULARLY INCLUDES THE IP ADDRESS, WHICH IS NECESSARY IN ORDER TO BE ABLE TO DELIVER THE CONTENTS OF ONLINE OFFERS TO BROWSERS, AND ALL ENTRIES MADE WITHIN OUR ONLINE OFFER OR FROM WEBSITES.
E-MAIL SENDING AND HOSTING: OUR WEB HOSTING SERVICES ALSO INCLUDE THE SENDING, RECEIVING AND STORING OF E-MAILS. FOR THESE PURPOSES, THE ADDRESSES OF THE RECIPIENTS AND SENDERS AS WELL AS FURTHER INFORMATION CONCERNING THE E-MAIL DISPATCH (E.G. THE PROVIDERS INVOLVED) AND THE CONTENTS OF THE RESPECTIVE E-MAILS ARE PROCESSED. THE AFOREMENTIONED DATA MAY ALSO BE PROCESSED FOR THE PURPOSE OF DETECTING SPAM. PLEASE NOTE THAT E-MAILS ON THE INTERNET ARE GENERALLY NOT SENT IN ENCRYPTED FORM. AS A RULE, E-MAILS ARE ENCRYPTED IN TRANSIT, BUT (UNLESS A SO-CALLED END-TO-END ENCRYPTION PROCEDURE IS USED) NOT ON THE SERVERS FROM WHICH THEY ARE SENT AND RECEIVED. THEREFORE, WE CANNOT ASSUME ANY RESPONSIBILITY FOR THE TRANSMISSION PATH OF THE E-MAILS BETWEEN THE SENDER AND THE RECEPTION ON OUR SERVER.
COLLECTION OF ACCESS DATA AND LOG FILES: WE OURSELVES (OR OUR WEB HOSTING PROVIDER) COLLECT DATA ON EVERY ACCESS TO THE SERVER (SO-CALLED SERVER LOG FILES). THE SERVER LOG FILES MAY INCLUDE THE ADDRESS AND NAME OF THE WEB PAGES AND FILES ACCESSED, THE DATE AND TIME OF ACCESS, THE VOLUME OF DATA TRANSFERRED, NOTIFICATION OF SUCCESSFUL ACCESS, BROWSER TYPE AND VERSION, THE USER’S OPERATING SYSTEM, REFERRER URL (THE PAGE PREVIOUSLY VISITED) AND, AS A RULE, IP ADDRESSES AND THE REQUESTING PROVIDER.
THE SERVER LOG FILES CAN BE USED FOR SECURITY PURPOSES, E.G. TO PREVENT SERVER OVERLOAD (ESPECIALLY IN THE CASE OF ABUSIVE ATTACKS, SO-CALLED DDOS ATTACKS) AND TO MONITOR THE LOAD ON THE SERVER. AND SECONDLY, TO ENSURE THE LOAD ON THE SERVERS AND THEIR STABILITY.
TYPES OF DATA PROCESSED: CONTENT DATA (E.G. ENTRIES IN ONLINE FORMS), USAGE DATA (E.G. WEBSITES VISITED, INTEREST IN CONTENT, ACCESS TIMES), META/COMMUNICATION DATA (E.G. DEVICE INFORMATION, IP ADDRESSES).
DATA SUBJECTS: USERS (E.G. WEBSITE VISITORS, USERS OF ONLINE SERVICES).
PURPOSES OF PROCESSING: PROVISION OF OUR ONLINE OFFER AND USER-FRIENDLINESS, PROVISION OF CONTRACTUAL SERVICES AND CUSTOMER SERVICE.
LEGAL BASIS: LEGITIMATE INTERESTS (ART. 6 PARA. 1 S. 1 LIT. F. DSGVO).
SERVICES USED AND SERVICE PROVIDERS:
1&1 IONOS: HOSTING PLATFORM FOR E-COMMERCE / WEBSITES; SERVICE PROVIDER: 1&1 IONOS SE, ELGENDORFER STR. 57, 56410 MONTABAUR, GERMANY; WEBSITE: HTTPS://WWW.IONOS.DE; PRIVACY POLICY: HTTPS://WWW.IONOS.DE/TERMS-GTC/TERMS-PRIVACY.
CONTACTING
WHEN CONTACTING US (E.G. BY CONTACT FORM, E-MAIL, TELEPHONE OR VIA SOCIAL MEDIA), THE INFORMATION PROVIDED BY THE INQUIRING PERSON WILL BE PROCESSED TO THE EXTENT NECESSARY TO RESPOND TO THE CONTACT REQUESTS AND ANY MEASURES REQUESTED.
THE REPLY TO THE CONTACT REQUESTS IN THE CONTEXT OF CONTRACTUAL OR PRE-CONTRACTUAL RELATIONS IS CARRIED OUT IN ORDER TO FULFIL OUR CONTRACTUAL OBLIGATIONS OR TO REPLY TO (PRE-)CONTRACTUAL REQUESTS AND, MOREOVER, ON THE BASIS OF THE LEGITIMATE INTERESTS IN REPLYING TO THE REQUESTS.
TYPES OF DATA PROCESSED: INVENTORY DATA (E.G. NAMES, ADDRESSES), CONTACT DATA (E.G. E-MAIL, TELEPHONE NUMBERS), CONTENT DATA (E.G. ENTRIES IN ONLINE FORMS).
DATA SUBJECTS: COMMUNICATION PARTNERS.
PURPOSES OF PROCESSING: CONTACT REQUESTS AND COMMUNICATION.
LEGAL BASIS: CONTRACT PERFORMANCE AND PRE-CONTRACTUAL ENQUIRIES (ART. 6 PARA. 1 S. 1 LIT. B. DSGVO), LEGITIMATE INTERESTS (ART. 6 PARA. 1 S. 1 LIT. F. DSGVO).
PRESENCES IN SOCIAL NETWORKS (SOCIAL MEDIA)
WE MAINTAIN ONLINE PRESENCES WITHIN SOCIAL NETWORKS AND PROCESS USER DATA IN THIS CONTEXT IN ORDER TO COMMUNICATE WITH THE USERS ACTIVE THERE OR TO OFFER INFORMATION ABOUT US.
PLEASE NOTE THAT USER DATA MAY BE PROCESSED OUTSIDE THE EUROPEAN UNION. THIS MAY RESULT IN RISKS FOR USERS, FOR EXAMPLE BECAUSE IT COULD MAKE IT MORE DIFFICULT TO ENFORCE USERS’ RIGHTS.
FURTHERMORE, USERS’ DATA ARE USUALLY PROCESSED WITHIN SOCIAL NETWORKS FOR MARKET RESEARCH AND ADVERTISING PURPOSES. FOR EXAMPLE, USER PROFILES CAN BE CREATED ON THE BASIS OF THE USER BEHAVIOUR AND THE RESULTING INTERESTS OF THE USERS. THE USAGE PROFILES CAN IN TURN BE USED, FOR EXAMPLE, TO PLACE ADVERTISEMENTS WITHIN AND OUTSIDE THE NETWORKS WHICH 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 THE INTERESTS OF THE USERS ARE STORED. FURTHERMORE, DATA INDEPENDENT OF THE DEVICES USED BY THE USERS MAY ALSO BE STORED IN THE USAGE PROFILES (ESPECIALLY IF THE USERS ARE MEMBERS OF THE RESPECTIVE PLATFORMS AND ARE LOGGED IN TO THESE PLATFORMS).
FOR A DETAILED PRESENTATION OF THE RESPECTIVE FORMS OF PROCESSING AND THE POSSIBILITIES OF OBJECTION (OPT-OUT), WE REFER TO THE DATA PROTECTION DECLARATIONS AND INFORMATION PROVIDED BY THE OPERATORS OF THE RESPECTIVE NETWORKS.
ALSO IN THE CASE OF REQUESTS FOR INFORMATION AND THE ASSERTION OF DATA SUBJECT RIGHTS, WE WOULD LIKE TO POINT OUT THAT THESE CAN BE ASSERTED MOST EFFECTIVELY WITH THE PROVIDERS. ONLY THE PROVIDERS HAVE ACCESS TO THE USERS’ DATA AND CAN TAKE APPROPRIATE MEASURES AND PROVIDE INFORMATION DIRECTLY. SHOULD YOU NEVERTHELESS NEED HELP, YOU CAN CONTACT US
FACEBOOK: WE ARE JOINTLY RESPONSIBLE WITH FACEBOOK IRLAND LTD. RESPONSIBLE FOR THE COLLECTION (BUT NOT THE FURTHER PROCESSING) OF DATA FROM VISITORS TO OUR FACEBOOK PAGE (SO-CALLED “FANPAGE”). THIS DATA INCLUDES INFORMATION ABOUT THE TYPES OF CONTENT USERS VIEW OR INTERACT WITH, OR THE ACTIONS THEY TAKE (SEE UNDER “THINGS YOU AND OTHERS DO AND PROVIDE” IN THE FACEBOOK DATA POLICY: HTTPS://WWW. FACEBOOK.COM/POLICY), AS WELL AS INFORMATION ABOUT THE DEVICES USED BY USERS (E.G., IP ADDRESSES, OPERATING SYSTEM, BROWSER TYPE, LANGUAGE SETTINGS, COOKIE DATA; SEE UNDER “DEVICE INFORMATION” IN THE FACEBOOK DATA POLICY STATEMENT: HTTPS://WWW.FACEBOOK.COM/POLICY). AS EXPLAINED IN THE FACEBOOK DATA POLICY UNDER “HOW DO WE USE THIS INFORMATION?” FACEBOOK ALSO COLLECTS AND USES INFORMATION TO PROVIDE ANALYTICS SERVICES CALLED “PAGE INSIGHTS” TO PAGE OPERATORS TO HELP THEM UNDERSTAND HOW PEOPLE INTERACT WITH THEIR PAGES AND THE CONTENT ASSOCIATED WITH THEM. WE HAVE ENTERED INTO A SPECIAL AGREEMENT WITH FACEBOOK (“PAGE INSIGHTS INFORMATION”, HTTPS://WWW.FACEBOOK.COM/LEGAL/TERMS/PAGE_CONTROLLER_ADDENDUM), WHICH SPECIFICALLY SETS OUT THE SECURITY MEASURES THAT FACEBOOK MUST OBSERVE AND IN WHICH FACEBOOK HAS AGREED TO COMPLY WITH DATA SUBJECTS’ RIGHTS (I.E. USERS CAN, FOR EXAMPLE, SEND INFORMATION OR DELETION REQUESTS DIRECTLY TO FACEBOOK). THE RIGHTS OF THE USERS (IN PARTICULAR TO INFORMATION, DELETION, OBJECTION AND COMPLAINT TO THE COMPETENT SUPERVISORY AUTHORITY) ARE NOT RESTRICTED BY THE AGREEMENTS WITH FACEBOOK. FURTHER INFORMATION CAN BE FOUND IN THE “INFORMATION ON PAGE-INSIGHTS” HTTPS://WWW.FACEBOOK.COM/LEGAL/TERMS/INFORMATION_ABOUT_PAGE_INSIGHTS_DATA).
TYPES OF DATA PROCESSED: CONTACT DATA (E.G. E-MAIL, TELEPHONE NUMBERS), CONTENT DATA (E.G. ENTRIES IN ONLINE FORMS), USAGE DATA (E.G. WEBSITES VISITED, INTEREST IN CONTENT, ACCESS TIMES), META/COMMUNICATION DATA (E.G. DEVICE INFORMATION, IP ADDRESSES).
DATA SUBJECTS: USERS (E.G. WEBSITE VISITORS, USERS OF ONLINE SERVICES).
PURPOSES OF PROCESSING: CONTACT REQUESTS AND COMMUNICATION, FEEDBACK (E.G. COLLECTING FEEDBACK VIA ONLINE FORM), MARKETING.
LEGAL BASIS: LEGITIMATE INTERESTS (ART. 6 PARA. 1 S. 1 LIT. F. DSGVO).
SERVICES USED AND SERVICE PROVIDERS:
INSTAGRAM: SOCIAL NETWORK; SERVICE PROVIDER: INSTAGRAM INC, 1601 WILLOW ROAD, MENLO PARK, CA, 94025, USA, PARENT COMPANY: FACEBOOK, 1 HACKER WAY, MENLO PARK, CA 94025, USA; WEBSITE: HTTPS://WWW.INSTAGRAM.COM; PRIVACY POLICY: HTTPS://INSTAGRAM.COM/ABOUT/LEGAL/PRIVACY.
FACEBOOK: SOCIAL NETWORK; SERVICE PROVIDER: FACEBOOK IRELAND LTD, 4 GRAND CANAL SQUARE, GRAND CANAL HARBOUR, DUBLIN 2, IRELAND, PARENT COMPANY: FACEBOOK, 1 HACKER WAY, MENLO PARK, CA 94025, USA; WEBSITE: HTTPS://WWW.FACEBOOK.COM; PRIVACY POLICY: HTTPS://WWW.FACEBOOK.COM/ABOUT/PRIVACY; OPT-OUT: AD SETTINGS: HTTPS://WWW.FACEBOOK.COM/SETTINGS?TAB=ADS.
YOUTUBE: SOCIAL NETWORK AND VIDEO PLATFORM; SERVICE PROVIDER: GOOGLE IRELAND LIMITED, GORDON HOUSE, BARROW STREET, DUBLIN 4, IRELAND, PARENT COMPANY: GOOGLE LLC, 1600 AMPHITHEATRE PARKWAY, MOUNTAIN VIEW, CA 94043, USA; PRIVACY POLICY: HTTPS://POLICIES.GOOGLE.COM/PRIVACY; OPT-OUT: HTTPS://ADSSETTINGS.GOOGLE.COM/AUTHENTICATED.
DELETION OF DATA
THE DATA PROCESSED BY US WILL BE DELETED IN ACCORDANCE WITH THE LEGAL REQUIREMENTS AS SOON AS THEIR CONSENT TO PROCESSING IS REVOKED OR OTHER PERMISSIONS CEASE TO APPLY (E.G. IF THE PURPOSE FOR WHICH THE DATA WAS PROCESSED NO LONGER APPLIES OR IF THE DATA IS NO LONGER NECESSARY FOR THE PURPOSE FOR WHICH IT WAS COLLECTED).
IF THE DATA ARE NOT DELETED BECAUSE THEY ARE REQUIRED FOR OTHER AND LEGALLY PERMISSIBLE PURPOSES, THEIR PROCESSING IS LIMITED TO THESE PURPOSES. I.E. THE DATA IS BLOCKED AND NOT PROCESSED FOR OTHER PURPOSES. THIS APPLIES, FOR EXAMPLE, TO DATA THAT MUST BE RETAINED FOR REASONS OF COMMERCIAL OR TAX LAW OR THE STORAGE OF WHICH IS NECESSARY FOR THE ASSERTION, EXERCISE OR DEFENCE OF LEGAL CLAIMS OR FOR THE PROTECTION OF THE RIGHTS OF ANOTHER NATURAL PERSON OR LEGAL ENTITY.
OUR PRIVACY NOTICE MAY ALSO CONTAIN OTHER INFORMATION ON THE RETENTION AND DELETION OF DATA WHICH WILL TAKE PRECEDENCE OVER THE PROCESSING IN QUESTION.
CHANGES AND UPDATES TO THE PRIVACY POLICY
WE ENCOURAGE YOU TO PERIODICALLY REVIEW THE CONTENT OF OUR PRIVACY STATEMENT. WE ADAPT THE DATA PROTECTION DECLARATION AS SOON AS THE CHANGES IN THE DATA PROCESSING CARRIED OUT BY US MAKE THIS NECESSARY. WE WILL INFORM YOU AS SOON AS THE CHANGES REQUIRE YOUR COOPERATION (E.G. CONSENT) OR OTHER INDIVIDUAL NOTIFICATION.
WHERE WE PROVIDE ADDRESSES AND CONTACT DETAILS OF COMPANIES AND ORGANISATIONS IN THIS PRIVACY POLICY, PLEASE NOTE THAT THE ADDRESSES MAY CHANGE OVER TIME AND PLEASE CHECK THE DETAILS BEFORE CONTACTING US.
RIGHTS OF THE DATA SUBJECTS
AS DATA SUBJECTS, YOU ARE ENTITLED TO VARIOUS RIGHTS UNDER THE DSGVO, WHICH ARISE IN PARTICULAR FROM ARTICLES. 15 TO 21 DSGVO:
RIGHT TO OBJECT: YOU HAVE THE RIGHT TO OBJECT AT ANY TIME, ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION, TO THE PROCESSING OF PERSONAL DATA RELATING TO YOU WHICH IS CARRIED OUT ON THE BASIS OF ART. 6 ABS. 1 LIT. E OR F DSGVO; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. IF THE PERSONAL DATA CONCERNING YOU ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS CONNECTED WITH SUCH DIRECT MARKETING.
RIGHT TO REVOKE CONSENT: YOU HAVE THE RIGHT TO REVOKE ANY CONSENT YOU HAVE GIVEN AT ANY TIME.
RIGHT OF ACCESS: YOU HAVE THE RIGHT TO OBTAIN CONFIRMATION AS TO WHETHER OR NOT DATA RELATING TO YOU IS BEING PROCESSED AND TO OBTAIN INFORMATION ABOUT SUCH DATA, AS WELL AS FURTHER INFORMATION AND A COPY OF THE DATA IN ACCORDANCE WITH THE LAW.
RIGHT TO RECTIFICATION: YOU HAVE THE RIGHT TO REQUEST, IN ACCORDANCE WITH THE LAW, THE COMPLETION OF DATA CONCERNING YOU OR THE RECTIFICATION OF INACCURATE DATA CONCERNING YOU.
RIGHT TO ERASURE AND RESTRICTION OF PROCESSING: YOU HAVE THE RIGHT, IN ACCORDANCE WITH THE LAW, TO REQUEST THAT DATA CONCERNING YOU BE ERASED WITHOUT DELAY OR, ALTERNATIVELY, TO REQUEST THAT THE PROCESSING OF THE DATA BE RESTRICTED IN ACCORDANCE WITH THE LAW.
RIGHT TO DATA PORTABILITY: YOU HAVE THE RIGHT TO RECEIVE DATA RELATING TO YOU THAT YOU HAVE PROVIDED TO US IN A STRUCTURED, COMMONLY USED AND MACHINE-READABLE FORMAT, OR TO REQUEST THAT IT BE TRANSFERRED TO ANOTHER CONTROLLER, IN ACCORDANCE WITH THE LAW.
COMPLAINT TO THE SUPERVISORY AUTHORITY: WITHOUT PREJUDICE TO ANY OTHER ADMINISTRATIVE OR JUDICIAL REMEDY, YOU HAVE THE RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY, IN PARTICULAR IN THE MEMBER STATE OF YOUR HABITUAL RESIDENCE, PLACE OF WORK OR PLACE OF THE ALLEGED BREACH, IF YOU CONSIDER THAT THE PROCESSING OF PERSONAL DATA CONCERNING YOU INFRINGES THE PROVISIONS OF THE DSGVO.
DEFINITIONS OF TERMS
THIS SECTION PROVIDES YOU WITH AN OVERVIEW OF THE TERMS USED IN THIS PRIVACY STATEMENT. MANY OF THE TERMS ARE TAKEN FROM THE LAW AND ARE DEFINED IN PARTICULAR IN ART. 4 DSGVO. THE LEGAL DEFINITIONS ARE BINDING. THE FOLLOWING EXPLANATIONS, ON THE OTHER HAND, ARE INTENDED PRIMARILY FOR THE PURPOSE OF COMPREHENSION. THE TERMS ARE SORTED ALPHABETICALLY.
PERSONAL DATA: “PERSONAL DATA” MEANS ANY INFORMATION RELATING TO AN IDENTIFIED OR IDENTIFIABLE NATURAL PERSON (HEREINAFTER REFERRED TO AS “DATA SUBJECT”); AN IDENTIFIABLE NATURAL 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. COOKIE), OR AN ASSOCIATION WITH AN IDENTIFIER SUCH AS A WEBSITE. B. COOKIE) OR TO ONE OR MORE FACTORS SPECIFIC TO THE PHYSICAL, PHYSIOLOGICAL, GENETIC, MENTAL, ECONOMIC, CULTURAL OR SOCIAL IDENTITY OF THAT NATURAL PERSON.
CONTROLLER: THE CONTROLLER IS THE NATURAL OR LEGAL PERSON, PUBLIC AUTHORITY, AGENCY OR OTHER BODY WHICH ALONE OR JOINTLY WITH OTHERS DETERMINES THE PURPOSES AND MEANS OF THE PROCESSING OF PERSONAL DATA.
PROCESSING: “PROCESSING” MEANS ANY OPERATION OR SET OF OPERATIONS WHICH IS PERFORMED UPON PERSONAL DATA, WHETHER OR NOT BY AUTOMATIC MEANS. THE TERM IS BROAD AND COVERS VIRTUALLY ANY HANDLING OF DATA, WHETHER COLLECTION, ANALYSIS, STORAGE, TRANSMISSION OR ERASURE.
