This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profile (hereinafter referred to as collectively referred to as “Online Offering”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible person
Barbara Duchow
22765 Hamburg
Germany
Email: info@barbaraduchow.com
Types of data processed:
– Inventory data (e.g., names, addresses).
– Contact details (e.g., email, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (in the following we refer to the persons concerned collectively as “users”).
Purpose of processing
– Provision of the online offer, its functions and content.
– Answering contact requests and communicating with users.
– Safety measures.
– Reach measurement/marketing
Terms 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 means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, are an expression of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” is any process or series of processes carried out with or without the aid of automated processes in connection with personal data. The term is broad and encompasses practically every handling of data.
“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data not assigned to an identified or identifiable natural person.
“Profiling” any type of automated processing of personal data, which consists in using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects related to work performance, economic situation, health, personal Analyze or predict that natural person’s preferences, interests, reliability, behavior, whereabouts or relocation.
The “responsible person” is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
“Processor” a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Governing Law
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 (1) lit. a and Art Answering inquiries is Article 6(1)(b) GDPR, the legal basis for processing to fulfill our legal obligations is Article 6(1)(c) GDPR, and the legal basis for processing to safeguard our legitimate interests is Article 6(1)(c) GDPR 6 Paragraph 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 Paragraph 1 lit. d GDPR serves as the legal basis.
Security Measures
We meet in accordance with Art. 32 GDPR, 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 severity of the risk for the rights and freedoms of natural persons, appropriate technical and organizational measures in order to Risk to ensure adequate level of protection.
The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, transfer, securing availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already take the protection of personal data into account during 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 (Article 25 GDPR).
Cooperation with processors and third parties
If, as part of our processing, we disclose data to other people and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, as to payment service providers, pursuant to Art. 6 Para. 1 lit. b GDPR is required for the fulfillment of the contract), 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 to process data on the basis of a so-called “order processing contract”, 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 happens as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it is to fulfill our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding 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 data subjects
You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
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 Art. 17 GDPR, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction of the processing of the data.
You have the right to request that you receive the data that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties.
You also have the right, in accordance with Article 77 GDPR, to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke your consent in accordance with Article 7 (3) GDPR with effect for the future
Right to object
You can object to the future processing of data relating to you at any time in accordance with Art. 21 GDPR. The objection can be made in particular against processing for direct advertising purposes.
Cookies and right to object to direct mail
“Cookies” are small files that are stored on users’ computers. Different information 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 their visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user has made an online offert exits and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be saved. “Permanent” or “persistent” refers to cookies that 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 cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, we speak of “first-party cookies”).
We can use temporary and permanent cookies and explain this in our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in their browser’s system settings. Saved 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 for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the browser settings. Please note that in this case not all functions of this online offer can be used.
Deletion of data
The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 GDPR. 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 the deletion does not conflict with any statutory storage obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with §§ 147 Paragraph 1 AO, 257 Paragraph 1 No. 1 and 4, Paragraph 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation documents, etc.) and 6 years in accordance with Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB (commercial letters).
According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with § 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with properties and for 10 years for documents related to electronically supplied services, telecommunications, radio and television services supplied to non-businesses in EU Member States and for which the Mini One Stop Shop (MOSS) is used.
Registration function
Users can create a user account. As part of the registration, the required mandatory information is communicated to the user and processed on the basis of Article 6 (1) (b) GDPR 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 purpose of using the user account and its purpose.
Users can be informed by email about 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 user’s responsibility to back up their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all of the user’s data stored during the contract period.
As part of the use of our registration and login 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 the user’s protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a law on thisLiability pursuant to Article 6 Paragraph 1 Letter c. GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.
Comments and Posts
If users leave comments or other contributions, their IP addresses can be stored for 7 days on the basis of our legitimate interests within the meaning of Article 6 (1) (f) GDPR. This is for our security if someone leaves illegal content in comments and posts (insults, forbidden political propaganda, etc.). In this case, we can be prosecuted for the comment or contribution and are therefore interested in the identity of the author.
Furthermore, we reserve the right to process user information for the purpose of spam detection on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR.
On the same legal basis, we reserve the right, in the case of surveys, to store the IP addresses of users for the duration of the survey and to use cookies to avoid multiple votes.
The data provided in the context of the comments and posts will be stored by us permanently until the user objects.
Comment subscriptions
The follow-up comments can be subscribed to by users with their consent in accordance with Article 6 (1) (a) GDPR. Users will receive a confirmation email to verify that they are the owner of the email address entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on the cancellation options. For the purpose of proving the user’s consent, we store the time of registration along with the IP address of the user and delete this information if the user unsubscribes from the subscription.
You can cancel receiving our subscription at any time, i.e. revoke your consent. We can store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests 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 existence of consent is confirmed at the same time.
Akismet Anti-Spam Check
Our online offering uses the “Akismet” service provided by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Use is based on our legitimate interests within the meaning of Article 6 (1) (f) GDPR. With the help of this service, comments from real people are distinguished from spam comments. For this purpose, all comment information 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 and the computer system and the time of the entry.
Further information on the collection and use of data by Akismet can be found in Automattic’s data protection information: https://automattic.com/privacy/.
Users are welcome to use pseudonyms or not to enter their name or email address. You can completely prevent the transfer of data by not using our comment system. That would be a pity, but unfortunately we don’t see any other alternatives that work just as effectively.
Retrieve profile pictures from Gravatar
We use the Gravatar service from Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA, within our online offering and in particular in the blog.
Gravatar is a service where users can register and store profile pictures and their email addresses. If users leave posts or comments with the respective e-mail address on other online presences (especially in blogs), their profile pictures can be displayed next to the posts or comments. For this purpose, the e-mail address provided by the users is transmitted to Gravatar in encrypted form for the purpose of checking whether a profile has been saved for it. This is the sole purpose of sending the email address and it will not be used for any other purpose, but will be deleted afterwards.
Gravatar is used on the basis of our legitimate interests within the meaning of Article 6 (1) (f) GDPR, since we use Gravatar to offer the authors of contributions and comments the opportunity to personalize their contributions with a profile picture.
By displaying the images, Gravatar learns the IP address of the user, as this is necessary for communication between a browser and an online service. More information on the collection and use of data bych Gravatar can be found in Automattic’s data protection information: https://automattic.com/privacy/.
If users do not want an avatar linked to their Gravatar email address to appear in the comments, you should use an email address that is not stored with Gravatar to comment. We also point out that it is also possible to use an anonymous e-mail address or no e-mail address at all if the user does not want their own e-mail address to be sent to Gravatar. Users can completely prevent the transfer of data by not using our comment system.
Retrieval of emojis and smilies
Graphic emojis (or smilies), i.e. small graphic files that express feelings, are used within our WordPress blog, which are obtained from external servers. The server providers collect the IP addresses of the users. This is necessary so that the emojie files can be transmitted to the users’ browsers. The Emojie service is provided by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Automattic privacy policy: https://automattic.com/privacy/. The server domains used are s.w.org and twemoji.maxcdn.com, which to our knowledge are so-called content delivery networks, i.e. servers that are only used for fast and secure transmission of files and the personal data of users be deleted after transmission.
The emojis are used on the basis of our legitimate interests, i.e. interest in an attractive design of our online offer in accordance with Article 6 (1) (f) GDPR.
Soundcloud
Our podcasts are stored on the “Soundcloud” platform offered by SoundCloud Limited, Rheinsberger Str. 76/77, 10115 Berlin, Germany and are played back from this platform.
For this purpose, we integrate so-called Soundcloud widgets into our website. This is playback software that users can use to play the podcasts. Soundcloud can measure which podcasts are listened to and to what extent and process this information pseudonymously for statistical and business purposes. For this purpose, cookies can be stored in the user’s browser and processed for the purpose of creating user profiles, e.g. for the purpose of displaying advertisements that correspond to the potential interests of the user. In the case of users who are registered with Soundcloud, Soundcloud can assign the listening information to their profiles.
It is used on the basis of our legitimate interests, i.e. interest in the secure and efficient provision, analysis and optimization of our audio offering in accordance with Article 6 Paragraph 1 Letter f of the GDPR.
Further information and options for objection can be found in Soundcloud’s data protection declaration: https://soundcloud.com/pages/privacy.
Contact us
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the information provided by the user for processing the contact request and its processing in accordance with Article 6 Paragraph 1 lit. b. (in the context of contractual/pre-contractual relationships), Art. 6 Paragraph 1 lit. f. (other inquiries) GDPR processed get saved.
We delete the requests if they are no longer necessary. We review necessity every two years; Furthermore, the statutory archiving obligations apply.
Newsletters
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to receive it and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or legal permission. If the contents of the newsletter are specifically described when registering for the newsletter, they are decisive for the consent of the user. Our newsletter also contains information about our services and us.
Double opt-in and logging: Registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with someone else’s e-mail address. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the noteelde and confirmation time, as well as the IP address. Changes to your data stored by the shipping service provider are also logged.
Registration data: In order to register for the newsletter, it is sufficient if you enter your e-mail address. Optionally, we ask you to enter a name so that we can address you personally in the newsletter.
The sending of the newsletter and the success measurement associated with it are based on the consent of the recipient in accordance with Article 6 Paragraph 1 Letter a, Article 7 GDPR in conjunction with Section 7 Paragraph 2 No. 3 UWG or if consent is not required , on the basis of our legitimate interests in direct marketing in accordance with Article 6 Paragraph 1 of the GDPR in conjunction with Article 7 Paragraph 3 of the UWG.
The registration process is logged on the basis of our legitimate interests in accordance with Article 6 (1) (f) GDPR. Our interest is focused on the use of a user-friendly and secure newsletter system that serves our business interests as well as meets user expectations and also allows us to prove consent.
Termination/Revocation – You can terminate the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We can store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests 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 existence of consent is confirmed at the same time.
Newsletter – Shipping Service Provider
The newsletter is sent using the shipping service provider 1&1 Newsletter Tool from 1&1 Internet SE, Elgendorfer Str. 57 56410 Montabaur, Germany and Mailjet SAS, 13-13 bis, rue de l’Aubrac, 75012 Paris, France. You can view the data protection regulations of the shipping service provider here: https://hosting.1und1.de/terms-gtc/terms-privacy/. The shipping service provider is used on the basis of our legitimate interests in accordance with Article 6 Paragraph 1 lit. f GDPR and an order processing contract in accordance with Article 28 Paragraph 3 Clause 1 GDPR.
The shipping service provider can use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve their own services, e.g. for technical optimization of the dispatch and the 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 themselves 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 be able to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process user data if they communicate with us within social networks and platforms, e.g. write posts on our online presence or send us messages.
Inclusion of third-party services and content
We use content or service offers from third-party providers within our online offer 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. DSGVO) in order to improve their content and Integrate 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 without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can 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 can also be stored in cookies on the user’s device and contain, among other things, technical information about the browser and operating system, referring websites, visiting times and other information on the use of our online offer, as well as linked to such information from other sourcesbecome.
Vimeo
We can embed videos from the “Vimeo” platform provided by Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy Policy: https://vimeo.com/privacy. We would like to point out that Vimeo can use Google Analytics and refer to the data protection declaration (https://www.google.com/policies/privacy) and opt-out options for Google Analytics (http://tools.google .com/dlpage/gaoptout?hl=de) or Google’s settings for data use for marketing purposes (https://adssettings.google.com/.).
Youtube
We embed the videos from the “YouTube” platform provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google ReCaptcha
We integrate the function for detecting bots, e.g. when making entries in online forms (“ReCaptcha”) from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google Maps
We integrate the maps of the “Google Maps” service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The processed data may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (usually as part of the settings on their mobile devices). The data can be processed in the USA. Data protection declaration: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Functions and content of the Twitter service offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated within our online offer. This can include, for example, content such as images, videos or text and buttons with which users can share content from this online offering within Twitter.
If the users are members of the Twitter platform, Twitter can assign the above-mentioned content and functions to the user profiles there. Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Data protection declaration: https://twitter.com/de/privacy, opt-out: https://twitter.com/personalization.
Functions and content of the Instagram service, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated within our online offer. This can include, for example, content such as images, videos or text and buttons with which users can share content from this online offer within Instagram. If the users are members of the Instagram platform, Instagram can assign the above-mentioned content and functions to the user profiles there. Instagram privacy policy: http://instagram.com/about/legal/privacy/.
Functions and content of the LinkedIn service, offered by the inkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland, can be integrated within our online offer. This can include, for example, content such as images, videos or text and buttons with which users can share content from this online offering within LinkedIn. If the users are members of the LinkedIn platform, LinkedIn can assign the above-mentioned content and functions to the user profiles there. LinkedIn data protection declaration: https://www.linkedin.com/legal/privacy-policy. LinkedIn 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=a2zt0000000L0UZAA0&status=Active). Privacy Policy: https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
