privacy
 

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") for which purposes and to what extent. The data protection declaration applies to all processing of personal data that we carry out, both within the scope of the provision of our services as well as in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter referred to collectively as the "online offer").

 

As of August 2, 2019

 

Table of contents

 

Responsible

Marcella Fracchiolla
23514 Enchanted Fall, San Antonio, Texas 78260-4319

Email address: cellafrach@gmail.com

 

Overview of processing

The following overview summarizes 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. text input, photographs, videos).

  • Contact details (e.g. email, telephone numbers).

  • Meta / communication data (e.g. device information, IP addresses).

  • Usage data (e.g. visited websites, interest in content, access times).

  • Contract data (e.g. subject of contract, term, customer category).

  • Payment data (e.g. bank details, invoices, payment history).

 

Categories of data subjects

  • Communication partner.

  • Customers.

  • Users (e.g. website visitors, users of online services).

  • Contest and contest participants.

 

Purposes of processing

  • Direct marketing (e.g. by email or post).

  • Conducting competitions and competitions.

  • Feedback (eg collecting feedback via online form).

  • Contact requests and communication.

  • Remarketing.

  • Range measurement (e.g. access statistics, detection of returning visitors).

  • Safety measures.

  • Tracking (e.g. interest-based / behavioral profiling, use of cookies).

  • Contractual benefits and service.

  • Management and answering inquiries.

 

Relevant legal bases

In the following we share the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, the national data protection regulations in your or our country of residence and domicile may apply.

  • Consent (Art. 6 Para. 1 S. 1 lit. a GDPR) - The data subject has given their consent to the processing of their personal data for a specific purpose or several specific purposes.

  • Fulfillment of contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR) - The processing is necessary for the fulfillment of a contract to which the data subject is a party or for the implementation of pre-contractual measures that are requested by the data subject respectively.

  • Protection of vital interests (Art. 6 Para. 1 S. 1 lit. GDPR) - Processing is necessary to protect the vital interests of the data subject or another natural person.

  • Legitimate interests (Art. 6 Para. 1 S. 1 lit. GDPR) - The processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject that protect personal data Data require, outweigh.

 

Safety measures

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, scope, circumstances and purposes of the processing, as well as the different probability of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling the physical and electronic access to the data as well as the access, input, transfer, safeguarding of availability and their separation. Furthermore, we have set up procedures that guarantee the exercise of data subject rights, the deletion of data and reactions to the risk to the data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes based on the principle of data protection, through technology design and through data protection-friendly default settings.

Shortening the IP address: If it is possible for us or it is not necessary to save the IP address, we will shorten it or have your IP address shortened. If the IP address is shortened, also known as "IP masking", the last octet, ie the last two digits of an IP address, is deleted (in this context, the IP address is an Internet connection through the online Access provider individually assigned identifier). By shortening the IP address, the identification of a person based on their IP address is to be prevented or made significantly more difficult.

 

SSL encryption (https): In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https: // in the address line of your browser.

 

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 the processing as part of the use of third-party services or the disclosure or transmission of data to other people, bodies or companies takes place, this takes place only in accordance with the legal requirements.

Subject to express consent or contractually or legally required transmission, we process or let the data only in third countries with a recognized data protection level, to which the US processors certified under the "Privacy Shield" belong, or on the basis of special guarantees, such as contractual obligations Process so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data -protection / international-dimension-data-protection_de ).

 

Use of cookies

"Cookies" are small files that are stored on users' devices. Cookies can be used to store different information. For example, the language settings on a website, the login status, a shopping cart or the place where a video was viewed would belong.

As a rule, cookies are also used if the interests of a user or his behavior (e.g. viewing certain content, use of functions, etc.) are saved on individual websites in a user profile. Such profiles serve to show users, for example, content that corresponds to their potential interests. This process is also referred to as "tracking", ie tracking the potential interests of the users. The term cookies also includes other technologies that perform the same functions as cookies (for example, if user information is saved using pseudonymous online identifiers, also known as "user IDs").

If we use cookies or "tracking" technologies, we will inform you separately in our privacy policy.

Notes on the legal basis: The legal basis on which we process your personal data with the help of cookies depends on whether we ask you for your consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed using cookies will be processed on the basis of our legitimate interests (e.g. in a business operation of our online offering and its improvement) or, if the use of cookies is necessary, to fulfill our contractual obligations.

Revocation and objection (opt-out): Regardless of whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data using cookie technologies (collectively, " Opt-Out ").

You can first declare your objection using the settings in your browser, e.g. by deactivating the use of cookies (which may also limit the functionality of our online offering).

An objection to the use of cookies for online marketing purposes can be made using a variety 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/ or in general at http://optout.aboutads.info .

 

Processing of cookie data based on consent: Before we process or have data processed as part of the use of cookies, we ask users for consent that can be revoked at any time. Before consent has not been given, cookies are used that are necessary for the operation of our online offer. Their use is based on our interest and the interest of the users in the expected functionality of our online offer.

  • Processed data types: usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. device information, IP addresses).

  • Affected persons: users (e.g. website visitors, users of online services).

  • Legal basis: consent (Art. 6 Para. 1 Clause 1 a) GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 lit. GDPR).

 

Use of online marketplaces for e-commerce

We offer our services on online platforms operated by other service providers. In this context, the data protection information of the respective platforms applies in addition to our data protection information. This applies in particular with regard to the methods used on the platforms for measuring reach and for interest-based marketing.

  • Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact details (e.g. email, telephone numbers), contract data (e.g. contract object, duration, customer category), usage data (e.g. websites visited, interest in content , Access times), meta / communication data (e.g. device information, IP addresses).

  • Affected People: Customers.

  • Purposes of processing: contractual services and service.

  • Legal basis: performance of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. GDPR).

 

Services and service providers used

 

Registration and login

Users can create a user account. As part of the registration, the users are provided with the required mandatory information and processed for the purpose of providing the user account on the basis of contractual obligations. The processed data include in particular the login information (name, password and an email address). The data entered during registration are used for the purposes of using the user account and its purpose.

Users can be informed by email about events that are relevant to their user account, such as technical changes. If users have terminated their user account, their data with regard to the user account will be deleted, subject to a statutory retention requirement. It is the responsibility of the users to back up their data if the termination is successful before the end of the contract. We are entitled to irretrievably delete all user data stored during the contract period.

As part of the use of our registration and registration functions and the use of the user account, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests as well as those of the users in protection against misuse and other unauthorized use. As a matter of principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so

 

Obligation.

  • Processed data types: inventory data (e.g. names, addresses), contact data (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos), meta / communication data (e.g. device information, IP addresses).

  • Affected persons: users (e.g. website visitors, users of online services).

  • Purposes of processing: contractual services, security measures, administration and answering inquiries.

  • Legal basis: consent (Art. 6 Para. 1 Clause 1 a) GDPR), contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 b. GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 lit.f GDPR).

 

Blogs and publication media

We use blogs or comparable means of online communication and publication (hereinafter "publication medium"). The readers' data will only be processed for the purposes of the publication medium to the extent necessary for its presentation and communication between authors and readers or for security reasons. For the rest, we refer to the information on the processing of visitors to our publication medium in the context of this data protection notice.

Comments and contributions: If users leave comments or other contributions, their IP addresses can be saved based on our legitimate interests. This is done for our security, if someone leaves illegal content in comments and contributions (insults, forbidden political propaganda etc.). In this case, we can be sued for the comment or contribution and are therefore interested in the identity of the author.

We also reserve the right to process user information for spam detection based on our legitimate interests.

On the same legal basis, we reserve the right to store users' IP addresses for the duration of the surveys and to use cookies in order to avoid multiple votes.

The information provided in the context of the comments and contributions, any contact and website information as well as the content are stored by us until the user objects.

  • Processed data types: inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos), usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. Device information, IP addresses).

  • Affected persons: users (e.g. website visitors, users of online services).

  • Purposes of processing: contractual services and service, feedback (e.g. collecting feedback via online form), security measures, administration and answering inquiries.

  • Legal basis: performance of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR), legitimate interests (Art. 6 Para. 1 p. 1 lit. GDPR), consent (Art. 6 Para. 1 1 lit. a GDPR), protection of vital interests (Art. 6 para. 1 p. 1 lit.

 

contact

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the details of the inquiring persons are processed, insofar as this is necessary to answer the contact inquiries and any measures requested.

The answering of contact inquiries within the framework of contractual or pre-contractual relationships takes place to fulfill our contractual obligations or to answer (pre) contractual inquiries and, moreover, on the basis of the legitimate interests in answering the inquiries.

  • Processed data types: inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos).

  • Affected persons: communication partner.

  • Purposes of processing: contact requests and communication.

  • Legal basis: performance of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. GDPR).

 

Newsletter and broad communication

We only send newsletters, e-mails and other electronic notifications (hereinafter referred to as "newsletters") with the consent of the recipient or with a legal permission. If the contents of a newsletter are specifically described, they are decisive for the user's consent. Our newsletters also contain information about our services and us.

To subscribe to our newsletters, it is generally sufficient to provide your email address. However, we can ask you to enter a name for the purpose of addressing yourself personally in the newsletter or other information if this is necessary for the purposes of the newsletter.

 

Double opt-in procedure

The registration for our newsletter basically takes place in a so-called double opt-in procedure. This means that after registration you will receive an email asking you to confirm your registration. This confirmation is necessary so that no one can register with someone else's email address. The registrations for the newsletter are logged in order to be able to demonstrate the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored with the shipping service provider are also logged.

 

Deletion and restriction of processing

Based on our legitimate interests, we can save the e-mail addresses we have withdrawn for up to three years before we delete them in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the previous consent is confirmed. In the event of obligations to permanently observe contradictions, we reserve the right to save the email address for this purpose in a blacklist.

The logging of the registration process takes place on the basis of our legitimate interests for the purpose of demonstrating its proper course. Insofar as we commission a service provider to send emails, this is based on our legitimate interests in an efficient and secure shipping system.

Notes on legal bases: The newsletter is sent based on the consent of the recipient or, if consent is not required, on the basis of our legitimate interests in direct marketing, insofar as and insofar as this is permitted by law, e.g. in the case of existing customer advertising. Insofar as we commission a service provider to send emails, this is based on our legitimate interests. The registration process is recorded based on our legitimate interests to demonstrate that it was conducted in accordance with the law.

 

Content

Information about us, our services, promotions and offers.

  • Processed data types: inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), meta / communication data (e.g. device information, IP addresses), usage data (e.g. visited websites, interest in content, access times).

  • Affected persons: communication partner.

  • Purposes of processing: direct marketing (e.g. by email or post).

  • Legal basis: consent (Art. 6 Para. 1 Clause 1 a) GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 lit. GDPR).

  • Opposition option (opt-out): You can cancel the receipt of our newsletter at any time, ie revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can use one of the contact options given above, preferably by email.

 

Sweepstakes and competitions

We process personal data of the participants of competitions and competitions only in compliance with the relevant data protection regulations, insofar as the processing for the provision, implementation and processing of the competition is contractually required, the participants have consented to the processing or the processing serves our legitimate interests (e.g. in the Security of the competition or the protection of our interests against misuse by possible recording of IP addresses when submitting competition entries).

If entries by the participants are published as part of the competitions (e.g. in the context of a vote or presentation of the competition contributions or the winners or reporting on the competition), we would like to point out that the names of the participants can also be published in this context. Participants can object to this at any time.

If the competition takes place within an online platform or a social network (e.g. Facebook or Instagram, hereinafter referred to as "online platform"), the usage and data protection provisions of the respective platforms also apply. In these cases, we would like to point out that we are responsible for the information provided by the participants in the context of the competition and any inquiries regarding the competition are to be addressed to us.

The data of the participants will be deleted as soon as the competition or the competition has ended and the data is no longer required to inform the winners or because questions about the competition can be expected. In principle, the data of the participants will be deleted no later than 6 months after the end of the competition. Winners' data can be retained longer, for example to answer questions about the winnings or to fulfill the winnings; In this case, the retention period depends on the type of profit and is up to three years for things or services, for example, to process warranty cases. Furthermore, the data of the participants can be stored longer, for example in the form of reports on the competition in online and

 

Offline media

If data was also collected for other purposes as part of the competition, its processing and retention period are based on the data protection information for this use (e.g. in the case of a newsletter subscription as part of a competition).

  • Processed data types: inventory data (e.g. names, addresses), content data (e.g. text input, photographs, videos).

  • Data subjects: Contestants and contestants.

  • Purposes of processing: Conducting competitions and competitions.

  • Legal basis: performance of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR).

 

Presence in social networks

We maintain online presences within social networks in order to communicate with the users active there or to offer information about us there.

We would like to point out that the data of users can be processed outside the European Union. This can result in risks for the user, for example because it could make it more difficult to enforce users' rights. With regard to US providers who are certified under the Privacy Shield or offer comparable guarantees of a secure level of data protection, we would like to point out that they are committed to complying with EU data protection standards.

Furthermore, the data of users within social networks are usually processed for market research and advertising purposes. For example, usage profiles can be created based on usage behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the networks that are believed to correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and interests of the users are stored. Furthermore, data can be stored in the usage profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the possibilities of objection (opt-out), we refer to the data protection declarations and information from the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we would like to point out that these can be most effectively asserted by the providers. Only the providers have access to user data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

  • Processed data types: inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos), usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. Device information, IP addresses).

  • Affected persons: users (e.g. website visitors, users of online services).

  • Purposes of processing: contact inquiries and communication, tracking (e.g. interest / behavior-related profiling, use of cookies), remarketing, range measurement (e.g. access statistics, recognition of returning visitors).

  • Legal basis: legitimate interests (Art. 6 Para. 1 S. 1 lit. GDPR).

 

Services and service providers used

 

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consent for processing is revoked or other permits no longer apply (e.g. if the purpose of processing this data has ceased to apply or if it is not necessary for the purpose).

If the data is not deleted because it is required for other and legally permissible purposes, its processing is restricted to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax law reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data can also be given in the context of the individual data protection information in this data protection declaration.

 

Change and update of the data protection declaration

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 the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary to act on your part (e.g. consent) or other individual notification.

 

Rights of data subjects

As the person concerned, you have various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:

  • Right of objection: You have the right, for reasons that arise from your particular situation, at any time against the processing of your personal data, which is based on Art. 6 Para. 1 lit. e or f GDPR occurs to file an objection; this also applies to profiling based on these provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is connected to such direct advertising.

  • Right to withdraw consent: You have the right to withdraw consent at any time.

  • Right to information: You have the right to request confirmation as to whether the data in question are being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.

  • Right to correction: In accordance with the legal requirements, you have the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

  • Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data relating to you be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with the legal requirements.

  • Right to data portability: You have the right to receive the data relating to you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request their transfer to another person responsible.

  • Complaint to the supervisory authority: You also have the right, in accordance with the legal requirements, to a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR.

 

Definitions of terms

This section gives you an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and are mainly defined in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are intended primarily for understanding. The terms are sorted alphabetically.

  • Personal data: "Personal data" is all information relating to an identified or identifiable natural person (hereinafter "data subject"); A natural person is considered to be identifiable if he or she can be identified directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier (eg cookie) or one or more special features, expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

  • Reach measurement: The reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offer and can include the behavior or interests of visitors in certain information, such as the content of websites. With the help of the reach analysis, website owners can, for example, recognize when visitors visit their website and what content they are interested in. This enables them, for example, to better adapt the content of the website to the needs of their visitors. For the purpose of range analysis, pseudonymous cookies and web beacons are often used to recognize returning visitors and thus to obtain more precise analyzes of the use of an online offer.

  • Remarketing: One speaks of "remarketing" or "retargeting" if, for example, for advertising purposes, it is noted which products a user was interested in on a website in order to remind the user on other websites of these products, for example in advertisements.

  • Tracking: One speaks of "tracking" if the behavior of users can be traced across several online offers. As a rule, behavioral and interest information is stored in cookies or on servers of the providers of tracking technologies with regard to the online offers used (so-called profiling). This information can then be used, for example, to show users advertisements that are likely to correspond to their interests.

  • Responsible: The "responsible" is the natural or legal person, public authority, agency or other body that alone or together with others decides on the purposes and means of processing personal data.

  • Processing: "Processing" is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data, be it collecting, evaluating, storing, transmitting or deleting.

 

Created with Datenschutz-Generator.de by Dr. jur. Thomas Schwenke