This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) in the context of the provision of our services and within our online offering and the websites, functions and content associated with it as well as external online presences, such as our Social Media Profile (hereinafter jointly 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 Basic Data Protection Regulation (DSGVO).
Chairman: Michael Schmidt
Vice chairman: Marina Schmidt
Hunteburger Weg 32
Phone: +49 (0)162 9052905
Responsible § 55 RStV:
Michael Schmidt & Marina Schmidt
Hunteburger Weg 32
Type of the processed data
– Inventory Data (e.g. personal data, names or addresses).
– Contact Data (e.g. email, phone numbers).
– Content Data (e.g. text data, photographs, videos).
– Usage Data (e.g. sites visited, content interests, timestamps)
– Meta-/Communication (e.g. hardware information, IP address).
Categories of persons affected
Visitors and users of our sites (we will describe the affected persons as “users”).
Purpose of Processing
– make sure that the sites as well as the function and content are available and accessible
– answering contact questions and communication with our users.
– safety structure.
– Marketing and days of inventory analysis
“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 organizational 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 analyze 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.
Applicable legal bases
In accordance with Art. 13 DSGVO we inform you about the legal basis of our data processing. The following applies to users from the scope of the Basic Data Protection Regulation (DSGVO), i.e. the EU and the EEC, unless the legal basis is mentioned in the data protection declaration:
The legal basis for obtaining consent is Art. 6 Paragraph 1 lit. a and Paragraph 7 DSGVO;
The legal basis for the processing for the fulfillment of our services and the implementation of contractual measures as well as the answering of inquiries is Art. 6 Paragraph 1 lit. b DSGVO;
The legal basis for the processing for the fulfilment of our legal obligations is Art. 6 Paragraph 1 lit. c DSGVO;
In the event that vital interests of the data subject or of another natural person make the processing of personal data necessary, Art. 6 Paragraph 1 lit. d DSGVO as legal base.
The legal basis for the processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Article 6 Paragraph 1 lit. e DSGVO of the EC Treaty.
The legal basis for the processing to safeguard our legitimate interests is Art. 6 Paragraph 1 lit. f DSGVO.
The processing of data for purposes other than those for which they were collected shall be governed by the provisions of Art. 6 Paragraph 4 DSGVO.
The processing of special categories of data (in accordance with Art. 9 para. 1 DSGVO) is governed by the provisions of Art. 9 paragraph 2 DSGVO.
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, 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, in order to ensure a level of protection appropriate to the risk.
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.
Cooperation with contract processors, joint managers and third parties
Insofar as we disclose data to other persons and companies (contract processors, jointly responsible persons 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, is necessary for the fulfillment of the contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
Insofar as we disclose, transmit or otherwise grant access to data to other companies of our group of companies, this is done in particular for administrative purposes as a legitimate interest and beyond that on a basis corresponding to the legal requirements.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of the use of third party services or disclosure or transfer of data to other persons or companies, this only occurs if it is done to fulfill our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transfer, we process or allow the data to be processed only in third countries with a recognized level of data protection, which includes US processors certified under the “Privacy Shield” or on the basis of special guarantees, such as contractual obligations under so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, EU-Kommission Information Page).
Rights of data of the applicable persons
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 the provisions of the law.
You have accordingly the right to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
In accordance with the statutory provisions, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.
You have the right to demand that we receive the data concerning you that you have provided to us in accordance with the statutory provisions and to demand that it be passed on to other persons responsible.
They also have the right to file a complaint with the competent supervisory authority in accordance with the statutory provisions.
Right of withdrawal
You have the right to revoke any consent you have given 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 the statutory provisions. 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 in accordance with the statutory provisions or their processing will be restricted. 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.
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
Performance of our statutory and business services
We process the data of our members, supporters, interested parties, customers or other persons in accordance with Art. 6 Par. 1 lit. b. DSGVO, insofar as we offer them contractual services or act within the framework of an existing business relationship, e.g. with members, or ourselves are recipients of services and benefits. In all other respects we process the data of affected persons in accordance with Art. 6 Par. 1 lit. f. DSGVO on the basis of our legitimate interests, e.g. when it comes to administrative tasks or public relations.
The data processed, the type, scope and purpose of the processing and the necessity of its processing are determined by the underlying contractual relationship. This basically includes the inventory and master data of the persons (e.g., name, address, etc.), as well as the contact data (e.g., e-mail address, telephone, etc.), the contract data (e.g., services used, contents and information communicated, names of contact persons) and, if we offer payable services or products, payment data (e.g., bank details, payment history, etc.).
We delete data that is no longer required for the performance of our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. In the event of business processing, we shall retain the data for as long as it is relevant to the business transaction and also with regard to any warranty or liability obligations. The necessity of storing the data is reviewed every three years; otherwise the statutory storage obligations apply.
Users can create a user account. Within the framework of registration, the required mandatory data will be communicated to the users and processed on the basis of Art. 6 Par. 1 lit. b DSGVO for the purpose of providing the user account. The processed data includes in particular the login information (name, password and an e-mail address). The data entered during registration will be used for the purposes of using the user account and its purpose.
Users may be informed by e-mail of information relevant to their user account, such as technical changes. If users have terminated their user account, their data will be deleted with regard to the user account, subject to a statutory retention obligation. It is the responsibility of the users to secure their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.
Within the scope of using our registration and login functions as well as the use of the user account, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A passing on of these data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation according to this. Art. 6 Par. 1 lit. c. DSGVO. The IP addresses are anonymized or deleted after 7 days at the latest.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details are used to process the contact enquiry and to process it in accordance with Art. 6 Para. 1 lit. b. of the German Data Protection Act. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) DSGVO processed… 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.
Newsletter – Mailchimp
The newsletters are sent by the mail service “MailChimp”, a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the data protection regulations of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp ist unter dem Privacy-Shield-Abkommen zertifiziert und bietet hierdurch eine Garantie, das europäisches Datenschutzniveau einzuhalten (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The shipping service provider shall be appointed on the basis of our legitimate interests in accordance with § 3 of the German Civil Code. Art. 6 Par. 1 lit. f. DSGVO and a contract processing agreement in accordance with. Art. 28 Par. 3 S. 1 DSGVO.
The dispatch service provider can use the data of the recipients in pseudonymous form, i.e. without allocation to a user, to optimize or improve its own services, e.g. for technical optimization of the dispatch and presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
Hosting and e-mailing
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 and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 Par. 1 lit. f DSGVO i.V.m. Art. 28 DSGVO (conclusion of contract processing contract).
Collection of access data and log files
We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 paragraph 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes are excluded from the erasure until the final clarification of the incident.
Google will use this information on our behalf to evaluate the use of our online services by users, to compile reports on the activities within this online service and to provide us with other services associated with the use of this online service and the Internet. Pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with IP anonymization enabled. 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 transmitted to a Google server in the USA and shortened there.
[borlabs-cookie id=”google-analytics” type=”btn-switch-consent” /]
If we ask the users for their consent (e.g. in the context of a cookie agreement), the legal basis for this processing is Art. 6 Para. 1 lit. a. DSGVO. Otherwise, the personal data of the user will be processed on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Data Protection Act). DSGVO).
Insofar as data is processed in the USA, we would like to point out that Google is certified under the Privacy Shield Agreement and thereby assures that it complies with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
The personal data of the users will be deleted or anonymized after 14 months.
Google Tag Manager
Google Tag Manager is a solution with which we can manage so-called website tags via an interface (and thus integrate e.g. Google Analytics and other Google marketing services into our online offering). The Tag Manager itself (which implements the tags) does not process personal data of users. With regard to the processing of users’ personal data, reference is made to the following information on Google services. Usage Guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.
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.
We would like to point out that user data may be processed outside the European Union. This may entail risks for users, e.g. by making it more difficult to enforce users’ rights. With respect to US vendors certified under the Privacy Shield, we would like to point out that they are committed to complying with EU privacy standards.
Furthermore, user data is usually processed for market research and advertising purposes. For example, user profiles can be created on the basis of user behaviour and the resulting interests of users. The user profiles can in turn be used, for example, to place advertisements inside and outside the platforms which are presumed to correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behavior and interests are stored. Furthermore, data can be stored in the user profiles independently 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 users’ personal data is carried out on the basis of our legitimate interests in effective information for users and communication with users pursuant to Art. 6 Para. 1 lit. f. DSGVO. If the users are requested by the respective providers of the platforms to consent to the aforementioned data processing, the legal basis for the processing is Art. 6 Para. 1 lit. a., Art. 7 DSGVO.
For a detailed representation 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. If you still need help, please do not hesitate to contact us.
– Facebook, Pages, Groups, (Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on the basis of an Agreement on joint processing of personal data – privacy statement: https://www.facebook.com/about/privacy/, specially for sites: https://www.facebook.com/legal/terms/information_about_page_insights_data , Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
– Google/ YouTube (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland) – Privacy statement: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
– Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Statement/ Opt-Out: http://instagram.com/about/legal/privacy/.
– Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy Statement: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.
– Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Privacy Statement/ Opt-Out: https://about.pinterest.com/de/privacy-policy.
Integration of third-party services and content
Within the scope of our online offer, we act 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. 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 endeavor to use only content whose respective providers use the IP address only for the delivery of the content. 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 integrate the videos of the platform “YouTube” of the provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Data Privacy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Functions and contents of the Twitter service offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated into our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online service within Twitter.
If the users are members of the platform Twitter, Twitter can call the o.g. Assign contents and functions to the user profiles there. Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Data Privacy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization.
Within our online offering, features and content of the Instagram service offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, may be incorporated. For this, e.g. Content such as images, videos, or text and buttons that allow users to share content from this online offering within Instagram. If the users are members of the platform Instagram, Instagram can call the o.g. Assign contents and functions to the user profiles there. Privacy Statement of Instagram: http://instagram.com/about/legal/privacy/.
We use the privacy-protected Shariff buttons. “Shariff” is designed to allow more privacy on the web and to replace the usual “share” buttons on social networks. In this case, not the user’s browser but the server on which this online offer is located establishes a connection to the server of the respective social media platforms and asks, for example, the number of likes, etc. The user remains anonymous. More information on the shariff-project can be found here in the magazine c’t: www.ct.de.
Adapted by the site owner. PLEASE NOT THAT THIS IS JUST AN ENGLISH TRANSLATION OF THE GERMAN ORIGINAL VERSION, SO IN CASE OF ANY QUESTIONS OR PROBLEMS THE ORIGINAL VERSION SHALL APPLY.