Privacy declaration
The following information has been translated from German. If and when it may differ, the original German version takes precedent.
Privacy Policy
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).
Person responsible
Matthias Planitzer
c/o Key Studio
Reichenberger Straße 155
10999 Berlin
Germany
Types of data processed:
- Inventory data (e.g. names, addresses).
- Contact details (e.g. email, telephone 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 enquiries and communicating with users.
- Security measures.
- Reach measurement/marketing.
Terms used
‘Personal data’ means 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 is broad and covers virtually any handling of data.
‘Pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
‘Profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to the data subject, in particular to analyse or predict certain aspects of the behaviour of the data subject.
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.
‘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 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 Article 6(1)(a) and Article 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 enquiries is Article 6(1)(b) GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 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 para. 1 lit. d GDPR serves as the legal basis.
Security measures
In accordance with Art. 32 GDPR, we take appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
These measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, transfer, availability and separation. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted and responses are made to data breaches. Furthermore, we take the protection of personal data into account during the development and selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).
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 in accordance with Art. 6 para. 1 lit. b GDPR), you have given your consent, a legal obligation requires it, or it is based on 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 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 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 fulfilment 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 recognised determination of a level of data protection equivalent to that of the EU (e.g. for the USA through the ‘Privacy Shield’) or compliance with officially recognised 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 transferred to another controller in accordance with Art. 20 GDPR.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.
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 may 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 service. 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 basket 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 offered by providers other than the controller operating the online service 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 service 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 10 years in particular in accordance with Sections 147 (1) AO, Section 257 (1) No. 1 and 4, (4) HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and for 6 years in accordance with Section 257 (1) No. 2 and 3, (4) HGB (commercial letters).
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.
Comments and contributions
If users leave comments or other contributions, their IP addresses may be 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 contributions (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.
Furthermore, we reserve the right to process user information for the purpose of spam detection on the basis of our legitimate interests pursuant to Art. 6 (1) lit. f. GDPR.
On the same legal basis, we reserve the right to store the IP addresses of users for the duration of surveys and to use cookies to prevent multiple votes.
The data provided in comments and posts will be stored by us permanently until the user objects.
Contacting us
When contacting us (e.g., via contact form, email, telephone, or social media), the user’s details will be processed for the purpose of handling the contact request and its processing in accordance with Art. 6 (1) (b) GDPR. The user’s information may be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization system.
We delete the inquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
Hosting and email dispatch
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, 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 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.
Online presence on social media
We maintain online presences within 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 recognize 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, as well as be linked to such information from other sources.
Adapted by the website owner.
Created with Datenschutz-Generator.de by attorney Dr. Thomas Schwenke (many thanks).