Privacy policy
This data protection declaration informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles. (hereinafter collectively referred to as the “Online Offer”). 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).
Responsible
Alexander Hartung
Malzstr. 32
68309 Mannheim
Phone number: 0621-7185465
E-mail address: alexander@spherechild.de
Imprint: http://spherechild.de/impressum
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact information (e.g., email, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., web pages visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of persons concerned
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Respond to contact requests and communicate with users.
– Safety measures.
– Reach measurement/marketing
Terminology used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“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 encompasses virtually any handling of data.
Controller” means 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.
Relevant legal bases
In accordance with Art. 13 DSGVO, we inform you about the legal basis of our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the fulfillment of our services and implementation of contractual measures as well as answering inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing to protect 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 DSGVO as the legal basis.
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), transmit 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 a transmission of the data to third parties, such as to payment service providers, is required for the performance of the contract pursuant to Art. 6 (1) lit. b DSGVO), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 DSGVO.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing or transferring data to third parties, this will only be done if it is done to fulfill 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 process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. DSGVO are met. This means, for example, that processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to that of the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of the data subjects
You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 DSGVO.
You have accordingly. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with Article 17 of the GDPR, you have the right to demand that the data in question be deleted without delay or, alternatively, to demand restriction of the processing of the data in accordance with Article 18 of the GDPR.
You have the right to request to receive the data concerning you that you have provided to us in accordance with Article 20 of the GDPR and to request that it be transferred to other data controllers.
They have further pursuant to Article 77 DSGVO the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to withdraw consent granted pursuant to. Art. 7 par. 3 DSGVO with effect for the future
Right of objection
You may object to the future processing of data concerning you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against the processing for purposes of direct advertising.
Cookies and right to object to direct advertising
Cookies” are small files that are stored on users’ computers. Different information can be stored within the 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 his visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online store or a login jam can be stored. Permanent” or “persistent” cookies are those that remain stored even after the browser is closed. For example, the login status can be saved when users visit them after several days. Likewise, such a cookie may store the interests of users, which are used for reach measurement or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and explain this in our privacy policy.
If users do not want cookies to be stored on their computer, they are asked to disable 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.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by means of their deactivation in the browser settings. Please note that in this case not all functions of this online offer can be used.
Data deletion
The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of 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 the deletion does not conflict with any statutory retention obligations. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. 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.
According to legal requirements in Germany, the storage takes place in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
According to legal requirements in Austria, the storage is carried out in particular for 7 years in accordance with § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real property, and for 10 years for records in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Hosting
The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, 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 data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with the German Data Protection Act. Art. 6 par. 1 lit. f DSGVO in conjunction with. Art. 28 DSGVO (conclusion of order processing contract).
Collection of access data and log files
We, or rather our hosting provider, collects data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further retention is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.
Akismet Anti-Spam Check
Our online offer uses the service “Akismet”, which is provided by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. The use is based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f) GDPR. With the help of this service, comments from real people are distinguished from spam comments. For this purpose, all comment data is sent to a server in the USA, where it is analyzed and stored for four days for comparison purposes. If a comment has been classified as spam, the data will be stored beyond this time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, information about the browser used as well as the computer system and the time of the entry.
Automattic is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law(https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
More information on the collection and use of data by Akismet can be found in the privacy policy of Automattic: https://automattic.com/privacy/.
Users are welcome to use pseudonyms, or to choose not to enter their name or email address. You can completely prevent the transfer of data by not using our commenting system. That would be a shame, but unfortunately we don’t see any other alternatives that work just as effectively.
Newsletter
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Newsletter content: We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the newsletter are specifically described in the course of registration, they are decisive for the user’s consent. For the rest, our newsletters contain information about our services and us.
Double-Opt-In and logging: The registration for our newsletter takes place in a so-called double-opt-in process. I.e. after registration you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can log in with foreign e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the subscription process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider are logged.
Registration data: To register for the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to enter a name for the purpose of personal address in the newsletter.
Germany: The dispatch of the newsletter and the associated performance measurement is based on the consent of the recipients in accordance with. Art. 6 par. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 para. 2 No. 3 UWG or on the basis of the statutory permission pursuant to § 2 No. 3 UWG. § 7 para. 3 UWG.
The logging of the registration process takes place on the basis of our legitimate interests in accordance with. Art. 6 par. 1 lit. f GDPR. We are interested in using a user-friendly and secure newsletter system that serves our business interests, meets the expectations of users, and allows us to prove consent.
Cancellation/Revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consents. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed email addresses for up to three years based on our legitimate interests before deleting them for newsletter mailing purposes in order to be able to prove consent formerly given. The processing of this data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
Newsletter – Shipping service provider
The newsletter is sent using the dispatch service provider “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 privacy policy of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with the European level of data protection (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The shipping service provider is used on the basis of our legitimate interests pursuant to. Art. 6 par. 1 lit. f DSGVO and a contract processing agreement pursuant to. Art. 28 par. 3 p. 1 DSGVO used.
The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch 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.
Online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke