PRIVACY POLICY
We inform you about the Privacy Policy (DSBV) and the European General Data Protection Regulation (DS-GVO) on the nature, scope and purpose of the processing of personal data by our company. This Privacy Policy also applies to our websites and social media profiles. For the definition of terms such as “personal data” or “processing” we refer to Art. 4 DS-GMO.
Name and contact details of the responsible person (s)
Our Responsible (hereinafter “Responsible”) i.S.d. Art. 4 Zif. 7 DS-GMO is:
Christina Kemper
Nymphenburgerstraße 10 C
80335 Munich, Germany
E-Mail-Adress: contact@christinakemper.com
DPO / r
contact@christinakemper.com
Types of data, purposes of processing and categories of data subjects
Below we inform you about the nature, scope and purpose of the collection, processing and use of personal data.
- Types of data we process
Contact details (telephone number, e-mail, fax etc.),
- Purposes of processing according to Art. 13, para. 1 c) DS-GVO
Customer service and customer care, handle contact requests,
- Categories of data subjects according to Art. 13, para. 1 e) DS-GVO
Visitors / users of the website, customers, prospects, employees of customers or suppliers,
The persons concerned are collectively referred to as “users”.
Legal basis for the processing of personal data
Below we inform you about the legal bases of the processing of personal data:
- If we have obtained your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a) DS-GMO ist he legal basis.
- If the processing is necessary to fulfill a contract or to carry out pre-contractual measures, which are made at your request, then Art. 6 para. 1 sentence 1 lit. b) DS-GMO is the legal basis.
- If the processing is necessary to fulfill a legal obligation that we are subject to (eg statutory retention obligations), Art. 6 para. 1 sentence 1 lit. c) DS-GMO is the legal basis.
- If processing is necessary to protect the vital interests of the data subject or of another natural person, Art. 6 para. 1 sentence 1 lit. d) DS-GMO is the legal basis.
- If the processing is necessary to safeguard our or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not predominate in this regard, then Art. 6 para. 1 sentence 1 lit. f) DS-GVO is the legal basis.
Disclosure of personal data to third parties and processors
Without your consent, we generally do not pass on data to third parties. If this is the case, then the transfer takes place on the basis of the aforementioned legal basis, e.g. when passing on data to online payment providers for performance of a contract or by court order or for a legal obligation to disclose the data for the purpose of prosecution, security or enforcement of intellectual property rights.
We also use processors (external service providers, for example, to host our websites and databases) to process your data. If data are passed on to the processor by order processing, this is always done in accordance with Art. 28 of the GDPR. We select our processors carefully, monitor them regularly and have given us the right to give instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and the data protection rules must be in accordance with Art. BDSG n.F. and DS-GMOs.
Data transmission to third countries
The adoption of the basic European data protection regulation (DS-GVO) has created a uniform basis for data protection in Europe. Your data will therefore be processed primarily by companies for which DS-GVO applies. If the processing takes place through services of third parties outside the European Union or the European Economic Area, they must fulfill the special requirements of Art. 44 et seq. DS-GVO. This means that the processing takes place on the basis of special guarantees, such as the official recognition by the EU Commission of a data protection level corresponding to the EU, or the observance of officially recognized special contractual obligations, the so-called “standard contractual clauses”. For US companies, submission to the so-called Privacy Shield, the EU-US data protection agreement, meets these requirements.
Deletion of data and storage duration
Unless explicitly stated in this privacy policy, your personal data will be deleted or blocked as soon as the purpose of the storage is omitted, unless their further storage is required for evidence or contrary to legal storage requirements. These include, for example, commercial requirements for the storage of business letters pursuant to Section 257 (1) HGB (6 years) and tax-related retention obligations pursuant to Section 147 (1) AO von Beleg (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless storage is still required for a contract or fulfillment.
Existence of automated decision-making
We do not use automatic decision making or profiling.
Provision of our website and creation of log files
If you only use our website for informational purposes (ie no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
1 • IP address;
2 • Internet service provider of the user;
3 • date and time of the call;
4 • browser type;
5 • Language and browser version;
6 • Content of the call;
7 • time zone;
8 • Access status / HTTP status code;
9 • amount of data;
10 • Websites that get the request;
11 • Operating system.
We do not store this data with other personal information about you.
These data serve the purpose of the user-friendly, functional and safe delivery of our website to you with functions and contents as well as their optimization and statistical evaluation.
The legal basis for this is our legitimate interest in the processing of data according to Art. 6 para. 1 p. 1 lit. f) DS-GMO.
For security reasons, we store this data in server log files for the retention period of 90 days. After this period, they will be automatically deleted, unless we need their storage for evidence in attacks on the server infrastructure or other violations.
Cookies
- We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser stores and saves on your computer. When you visit our website again, these cookies provide information to automatically recognize you. The information obtained in this way serves the purpose of optimizing our web offers technically and economically and to allow you easier and safe access to our website. We inform you about this when you visit our website by means of a reference to our privacy policy on the use of cookies for the purposes mentioned above and how you can object to them or prevent their storage (“opt-out”). Our website uses session cookies, persistent cookies and third-party cookies:
- Session-Cookies: We use so-called “cookies” to recognize multiple uses of an offer by the same user (for example, if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way serves to optimize our offers and to give you easier access to our site. If you close the browser or log out, the session cookies will be deleted.
- Persistent Cookies: These are automatically deleted after a specified period, which may differ depending on the cookie. In the security settings of your browser, you can delete the cookies at any time.
- Third-Party-Cookies: You can configure your browser setting according to your wishes. E.g. reject the acceptance of third-party cookies or all cookies. However, we would like to point out that you may not be able to use all features of this website. Read more about these cookies in the respective third-party privacy policies.
- The legal basis of this processing is Art. 6 para. 1 p. Lit. b) DS-GVO, if the cookies are used to initiate a contract, e.g. otherwise we have a legitimate interest in the effective functionality of the website, so that in the case of Art. 6 para. 1 sentence 1 lit. f) DS-GVO is the legal basis.
- Contradiction and „Opt-Out“: You can generally prevent the storage of cookies on your hard disk by selecting “Do not accept cookies” in your browser settings. However, this can result in a functional restriction of our offers. You may opt-out and contradict of third-party cookies for advertising purposes through this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/en / praferenzmanagement /).
Settlement of contracts
- We process stock data (eg company, title / academic degree, names and addresses as well as contact data of users, e-mail), contract data (eg services used, names of contact persons) and payment data (eg bank details, payment history) for the purpose of fulfilling our contractual obligations (knowledge of who is the contractor, justification, content design and execution of the contract, verification of the plausibility of the data) and services (eg contacting the customer service) acc. Art. 6 para. 1 sentence 1 lit. b) DS-GVO. The entries marked as obligatory in online forms are required for the conclusion of the contract.
- A transfer of these data to third parties is not, unless it is necessary for the prosecution of our claims (for example, transfer to lawyer for debt collection) or fulfillment of the contract (for example, transfer of data to payment providers) or there is a legal obligation gem. Art. 6 para. 1 sentence 1 lit. c) DS-GMO.
- We may also process the information you provide to inform you of other interesting products from our portfolio or to send you e-mails with technical information.
- The data will be deleted as soon as they are no longer necessary for the purpose of their survey. This is the case for the inventory and contract data when the data for the execution of the contract are no longer required and no claims can be made under the contract, because these are statute-barred (warranty: two years / statutory limitation: three years ). Due to commercial and tax regulations, we are obliged to store your address, payment and order data for a period of ten years. However, at the end of the contract after three years, we will restrict processing, thus your data will only be used to comply with legal obligations. Information in the user account remains until its deletion.
Use of the blog features / comments
- You can post public comments in our blog, which includes contributions to topics on our website. You can use a pseudonym instead of a plain name. Your contribution will then be published under the pseudonym. The specification of the e-mail address is obligatory, all other information is voluntary.
- When you enter a comment, we will save your IP address with the date and time, which we delete after 90 days. The storage serves the legitimate interest of the defense against the use of third parties in the publication of illegal or untrue content by you. We save your e-mail address for the purpose of contacting third parties if they object to your comments.
- Legal bases are Art. 6 para. 1 sentence 1 lit. b) and f) DS-GMO.
- We do not review your comments before publishing. In the case of complaints by third parties, we reserve the right to delete your comments. We do not pass the data on to third parties unless it is necessary for the prosecution of our claims or there is a legal obligation (Article 6 (1) sentence 1 (c) DS-GVO).
- The data will be deleted as soon as they are no longer necessary for the purpose of their collection or the execution of the contract because the contract has been terminated.
Contact by contact form / E-Mail / Fax / Post
- When contacting us via contact form, fax, mail or e-mail your details will be processed for the purpose of processing the contact request.
- Legal basis for the processing of the data is in the presence of a consent of you Art. 6 para. 1 p. 1 lit. a) DS-GMO. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Article 6 (1) sentence 1 lit. f) DS-GMO. The person in charge has a legitimate interest in the processing and storage of the data in order to be able to answer inquiries from users, to secure evidence for liability reasons and, if necessary, to fulfill his statutory retention requirements for business letters. If the contact is aimed at concluding a contract, then additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b) DS-GMO.
- We can store your details and contact requests in our Customer Relationship Management System (“CRM System”) or a comparable system.
- The data will be deleted as soon as they are no longer necessary for the purpose of their survey. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the conversation with you has ended. The conversation ends when it can be inferred from the circumstances that the matter in question has been finally clarified. Requests from users who have an account or contract with us, we save until the expiration of two years after the contract termination. In the case of legal archiving obligations, the deletion takes place after its expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.
- At any time, you have the option of obtaining consent in accordance with Art. 6 para. 1 sentence 1 lit. a) to revoke the GDPR for the processing of personal data. If you contact us by e-mail, you can object to the storage of personal data at any time.
Presence in social media
- We use social media profiles or fanpages to communicate with users who are affiliated and registered there and to provide information about our products, offers and services. The US providers are certified according to the so-called privacy shield and thus obliged to comply with European data protection. When you use and access our profile in the respective network through you, the respective privacy policy and terms of use of the respective network apply.
- We process your information that you send to us through these networks in order to communicate with you and to respond to your messages there.
- The legal basis for the processing of personal data is our legitimate interest in communicating with users and our external presentation for the purpose of advertising in accordance with Art. 6 para. 1 sentence 1 lit. f) DS-GMO. Insofar as you have given consent to the person responsible for the social network in the processing of your personal data, the legal basis is Art. 6 (1) sentence 1 lit. a) and Art. 7 DS-BER.
- You can find the data protection information, information possibilities and contradictory possibilities (opt-out) of the respective networks here:
- Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland) data protection: https://www.facebook.com/about/privacy/, 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.
- Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Data protection/ Opt-Out: http://instagram.com/about/legal/privacy/.
- XING (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Deutschland) – Data protection/ Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.
- LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Irland) – Data protection: https://www.linkedin.com/legal/privacy-policy, Cookie-Richtlinie and Opt-Out: https://www.linkedin.com/legal/cookie-policy, Privacy Shield of US-company LinkedIn Inc.: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.
Social-Media-Plug-ins
- We use social media plug-ins of social media networks on our website. We use the so-called “two-click solution” -share of c’t or heise.de. When retrieving our website, no personal data will be transmitted to the providers of the plug-ins. Next to the social network logo or brand, you’ll find a slider that lets you activate the plug-in with a click. After activation, the social networking provider receives the information that you have accessed our website and your personal information is transmitted to the provider of the plug-in and stored there. These are so-called third party cookies. For some providers, such as Facebook and XING, their IP will be anonymized immediately after collection.
- The data collected about the user stores the plug-in provider as usage profiles. These are used for purposes of advertising, market research and / or customization of its website. Such an evaluation is carried out in particular (even for users who are not logged in) for the purpose of displaying demand-oriented advertising and to inform other users of the social network about the activities of the user on our website. The user is entitled to a right of objection to the formation of these user profiles, whereby one must turn to the exercise of this right to the respective plug-in provider.
- Legal basis for the use of the plug-ins is our legitimate interest in improving and optimizing our website by increasing our awareness through social networks as well as the possibility of interaction with you and the users with each other via social networks in accordance with Art. 6 para. 1 p .1 lit. f) DS-GMO.
- We have no influence on the collected data and data processing operations. Nor are we aware of the scope of the data collection, the purpose of the processing and the retention periods. We also have no information to delete the data collected by the plug-in provider.
- With regard to the purpose and extent of data collection and processing, we refer to the respective privacy statements of the social networks. In addition, you will also find information about your rights and options for the protection of your personal data.
- We have social media plug-ins on our website Facebook.com (based in the EU: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland) as part of the so-called “two-click” This solution can be recognized by the Facebook logo “f” or the addition “Like”, “Like” or “Share”.
- As soon as you activate the Facebook plug-in at will, a connection will be established from your browser to the Facebook servers. At the same time, Facebook receives the information, including your IP, that you have accessed our website and transmits this information to Facebook servers in the USA, where this information is stored. If you are logged into your account on Facebook, Facebook can assign this information to your account. Using the functions of the plug-in, e.g. Pressing the “Like” button, this information will also be transmitted from your browser to the Facebook servers in the US and stored there and displayed in your Facebook profile and possibly your friends.
- Purpose and scope of the data collection and their further processing and use of data by Facebook and their rights and options to protect your privacy, you can refer to the privacy policy of Facebook: https://www.facebook.com/about/privacy/. Data collection on the “Like” button: https://www.facebook.com/help/186325668085084. Your settings regarding the use of your profile data for advertising purposes on Facebook can be managed and disagreed here: https://www.facebook.com/ads/preferences/.
- If you log out of Facebook before visiting our website and delete your cookies, no information about your visit to our website will be associated with your profile on Facebook when activating the plug-in.
- You can also prevent the Facebook plug-in from being downloaded by so-called “Facebook Blockers”, which you can install as an add-on for your browser: Facebook Blocker for Firefox, Chrome and Opera or 1blocker for Safari, iPad and iPhone.
- Facebook has submitted to the Privacy Shield, ensuring that European data protection law is complied with: https://www.privacyshield.gov/EU-US-Framework.
- On our website, we integrated plug-ins from the social network XING (XING AG, Dammtorstrasse 29-32, 20354 Hamburg, Germany) as part of Shariff’s so-called “two-click solution”. These can be recognized by the share button with white logo of XING and the “X” symbol on a green background.
- If you activate the share button of XING on our website at will, this leads to the fact that your browser establishes a connection with the server of XING with the call of the respective Internet side. According to XING, no data is stored about the call, from which XING could derive an immediate personal reference. In particular, XING does not store any IP addresses of you and does not use cookies. By clicking on the Share button you will be redirected to the homepage of XING, where – if you are logged in – you will be able to recommend our site for the purpose of increasing our awareness and reach. With regard to these activities on the XING platform, the XING data privacy statement below applies.
- If you log out of XING before visiting our website and delete your cookies, no information about your visit to our website will be assigned to your profile on XING when activating the plug-in.
- Purpose and scope of the data collection as well as their further processing and use of the data by XING as well as your respective rights and setting options for the protection of your privacy, can be found in the XING data protection guidelines for the share button at https://www.xing.com/app / share% 3Fop% 3Ddata_protection and XING’s general privacy policy https://privacy.xing.com/de/datenschutzerklaerung.
- We have integrated plug-ins from the social network Instagram (Instagram LLC, 1601 Willow Road, Menlo Park, Calif., 94025, USA) on our website as part of Shariff’s “two-click solution”. These can be recognized by the Instagram logo in the form of a square camera.
- If you intentionally enable the plug-in, it will connect from your browser to the Instagram servers. In the process, Instagram receives the information, including your IP address, that you have visited our site and transmits the information to Instagram servers in the US, where this information is stored. If you are logged into Instagram on Instagram, Instagram can assign this information to your account and you can click on the Instagram button to share and save the contents of our pages on your Instagram account and, if necessary, to show your friends there. We have no knowledge of the exact content of the submitted data, their use and storage duration through Instagram.
- If you log out of Instagram before visiting our website and delete your cookies, no information about your visit to our website will be associated with your profile on Instagram when the plug-in is activated.
- For more information, see the privacy policy of Instagram at https://help.instagram.com/519522125107875 and privacy settings here: https://help.instagram.com/196883487377501.
Rights of the data subject
- Objection or revocation against the processing of your dataIn as far as the processing is subject to your consent in accordance with Art. 6 para. 1 p. 1 lit. a), Art. 7 DS-GVO, you have the right to revoke your consent at any time. The lawfulness of the processing on the basis of the consent until the revocation is not affected. As far as we have the processing of your personal data on the balance of interests in accordance with Art. 6 para. 1 p. 1 lit. f) support DS-GMO, you can object to the processing. This is the case if, in particular, the processing is not required to fulfill a contract with you, which we present in the following description of the functions. In the event of any such disagreement, we ask you to explain the reasons why we should not process your personal data as we have done. In the case of your justified objection, we examine the situation and will either discontinue or adapt the data processing or point out to you our compelling legitimate reasons on which we continue the processing. You may object to the processing of your personal data for advertising and data analysis purposes at any time. The right to object can be exercised free of charge. You can inform us about your advertising conflict under the following contact details: Christina KemperNymphenburgerstraße 10 C 80335 München, GermanyE-mail address: contact@christinakemper.com
- Right to information
You have a right to information about your personal data stored by us according to Art. 15 DS-GVO. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data was or is being disclosed, the planned storage period, the source of their data, if these were not collected directly from you.
- Right to rectification
You have the right to correct incorrect or correct data according to Art. 16 DS-BER.
- Right to cancellation
You have a right to deletion of your stored data according to Art. 17 DS-GVO, unless statutory or contractual retention periods or other legal obligations or rights to further storage are contrary to this.
- Right to restriction
You have the right to demand a restriction on the processing of your personal data if one of the conditions set out in Art. 18 (1) lit. a) to d) DS-GVO is fulfilled:
- If you deny the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
- the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of personal data;
- the controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims; or
- if you objected to the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet certain whether the legitimate reasons of the person responsible prevail over your reasons.
- Right to Data Portability
You have the right of data transferability according to Art. 20 DS-GVO, which means that you can receive the personal data stored about us in a structured, common and machine-readable format or you can request the transfer to another person responsible.
- Right to appeal
You have a right to complain to a regulator. As a rule, you can contact the supervisory authority for this purpose, in particular in the Member State of your place of residence, your job or the location of the alleged infringement.
8 Data security
In order to protect all personally identifiable information transmitted to us and to ensure compliance with our privacy practices, as well as our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server encrypted over a secure SSL connection.
Date: 15.04.2019
Source: Muster-Datenschutzerklärung von JuraForum.de translated by CK
