This Privacy Policy clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) in the context of performing our service and within our online presence and its associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter referred to collectively as “web presence”). 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).
CONTROLLER
Verlag Joachim Bung
Prop.: Joachim Bung
Stichelwiese 2 b
61389 Schmitten
GERMANY
Tel. +49(0)6084-3764
Email: mail@joachim-bung.de
TYPES OF DATA PROCESSED
– Inventory
data (e.g. personal master data, names or addresses).
– Contact data (e.g. email, telephone 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 website (hereinafter referred to collectively as “users”).
PURPOSE OF PROCESSING
– Provision
of the web presence, its functions and contents.
– Answering contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing
TERMS USED
“Personal
data” is all information relating to an identified or identifiable natural
person (hereinafter “data subject”); a natural person is regarded as
identifiable if they can be identified, directly or indirectly, in particular
by reference to an identifier such as a name, identification number, location
data, online identifier (e.g. a cookie) or to one or more specific
characteristics which express the physical, physiological, genetic, mental,
economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations that are
carried out with or without the aid of automated processes and which involve
personal data. The term is wide-reaching and covers practically all types of
data handling.
“Pseudonymisation” is the processing of personal data in such a way
that personal data can no longer be attributed to a specific data subject
without the need for additional data, provided that such additional data is
kept separate and is subject to technical and organisational measures to ensure
that the personal data is not assigned to an identified or identifiable natural
person.
“Profiling” is any kind of automated processing of personal data that
uses this personal data to evaluate certain personal aspects relating to a
natural person, in particular aspects relating to job performance, economic
situation, health, personal preferences, interests, reliability, behaviour,
whereabouts or relocation of that natural person.
“Controller” means any natural or legal person, public authority,
agency or body that alone or jointly with others determines the purposes and
means of the processing of personal data.
“Processor” is a natural or legal person, public authority, agency or
other body that processes personal data on behalf of the controller.
RELEVANT LEGAL BASIS
In
accordance with Art. 13 GDPR we hereby inform you regarding the legal basis of
our data processing. The following applies to users from the scope of the
General Data Protection Regulation (GDPR), i.e. the EU and the EEC, unless the
legal basis is mentioned in the data protection declaration:
The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR.
The legal basis for the processing for the fulfilment of our services and the
implementation of contractual measures as well as the answering of inquiries is
Art. 6(1)(f) GDPR;
The legal basis for processing to fulfil our legal obligations is Art. 6(1)(c)
GDPR;
In the event that vital interests of a data subject or another natural person
require the processing of personal data, the legal basis is Art. 6(1)(d) GDPR.
The legal basis for the processing necessary for the performance of a task
carried out in the public interest or in the exercise of official authority
entrusted to the controller is Art. 6(1)(e) GDPR.
The legal basis for data processing to safeguard our legitimate interests is
Art. 6(1)(f) GDPR.
The processing of data for purposes other than those for which it was collected
is governed by the provisions of 6(4) GDPR.
The processing of special categories of data (pursuant to Art. 9(1) GDPR) is
governed by the provisions of Art. 9(2) GDPR.
SECURITY MEASURES
We take
appropriate technical and organisational measures in accordance with legal
requirements, taking into account the state of the art, the implementation
costs and the type, extent, circumstances and purposes of the processing, as
well as the different probability of occurrence and severity of the risk to the
rights and freedoms of natural persons, in order to ensure a level of
protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity and
availability of data by controlling physical and digital access to date as well
as controlling the inputting, disclosure, securing and separation of data. In
addition, we have established procedures to ensure that data subjects’ rights
are exercised, that data is deleted and that we react to data threats.
Furthermore, we take the protection of personal data into account as early as
the development or selection of hardware, software and processes, in accordance
with the principle of data protection through technology design and through privacy-enhancing
default settings.
COOPERATION WITH CONTRACT DATA PROCESSORS, JOINTLY RESPONSIBLE PARTIES AND THIRD PARTIES
If we
disclose data to other persons and companies (contract data processors, jointly
responsible parties and third parties) within the scope of our processing,
transfer it to them or otherwise grant them access to the data, this shall only
be carried out on the basis of legal permission (e.g. if transferring the data
to third parties such as payment service providers is necessary for the
performance of a contract), if the user has consented to this, if a legal
obligation provides for this or on the basis of our legitimate interests (e.g.
when using agents, web hosts, etc.).
Insofar as we disclose, transmit or otherwise grant access to data to other
companies of our group of companies, this is carried out in particular for
administrative purposes as a legitimate interest and, beyond that, on a basis
corresponding to the legal requirements.
TRANSFERS TO THIRD COUNTRIES
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or have data processed by third-party services or disclosure or transfer of data to other persons or companies, this is only done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we only process the data or have it processed in a third country if the statutory requirements are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level that corresponds to the EU level (e.g. for the USA via the “Privacy Shield”) or the observance of officially recognised special contractual obligations.
DATA SUBJECTS’ RIGHTS
Under the
statutory provisions, you have the right to ask for confirmation as to whether
the data in question is being processed and for information about this data as
well as further information and to ask for a copy of the data.
Under the statutory provisions, you have the right to demand the completion of
data concerning you or the rectification of incorrect data concerning you.
Under the statutory provisions, you have the right to demand that the relevant
data be deleted immediately or, alternatively, to demand that the processing of
the data be restricted.
Under the statutory provisions, you have the right to obtain the personal data
that you provided and request its transmission to other controllers.
Under the statutory provisions, you also have the right to file a complaint
with the competent supervisory authority.
RIGHT OF REVOCATION
You have the right to revoke granted consent with future effect.
RIGHT TO OBJECT
Under the statutory provisions, you may object at any time to the future processing of your data in accordance. The objection may be made in particular against processing for the purpose of direct advertising.
COOKIES AND RIGHT TO OBJECT TO DIRECT ADVERTISING
Cookies are
small files that are stored on a user’s computer. Cookies can store various
pieces of information. A cookie is primarily used to store information about a
user (or the device on which the cookie is stored) during or after the user’s
visit to an online service. Temporary cookies, also called session cookies or
transient cookies, are cookies that are deleted after a user leaves a website
and closes their browser. The contents of a shopping basket in an online shop
or login status, for example, can be stored in such a cookie. Cookies referred
to as “permanent” or “persistent” cookies remain stored
even after the browser is closed. For example, a login status can be saved if
users visit a website again after several days. Users’ interests can also be
stored in such cookies, which are used for reach measurement or marketing
purposes. Third-party cookies are cookies that are offered by providers other
than the controller who operates the online service (otherwise, if they are
only the controller’s cookies, they are referred to as first-party cookies).
We may use temporary and permanent cookies and explain this in our Privacy
Policy.
Where users do not wish cookies to be stored on their computer, they are asked
to deactivate the corresponding option in the system settings of their browser.
Saved cookies can be deleted in the browser’s system settings. The exclusion of
cookies can cause functional restrictions of this website.
A general objection to the use of cookies used for online marketing purposes
can be raised for a large number of services, particularly 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 prevented by switching this off in the
browser settings. Please note that not all functions of this website can be
used in this case.
DELETION OF DATA
The data we
process will be deleted in accordance with the statutory provisions or its
processing will be restricted. Unless expressly stated in this Privacy Policy,
the data stored by us is deleted as soon as it is no longer required for its
intended purpose and the deletion does not conflict with any statutory storage
requirements.
If data is not deleted because it is required for other and legitimate
purposes, its processing will be restricted. In other words, the data is
blocked and not processed for other purposes. This applies, for example, to
data that must be kept for commercial or tax reasons.
CHANGES AND UPDATES TO THE PRIVACY POLICY
We ask you to regularly read the content of our Privacy Policy. We will adapt the Privacy Policy as soon as changes to the data processing we perform make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
BUSINESS-RELATED PROCESSING
We also
process
– Contract data (e.g. subject of a contract, term, customer category).
– Payment data (e.g. bank details, payment history)
from our customers, prospective customers and business partners for the purpose
of providing contractual services, service and customer care, marketing,
advertising and market research.
ORDER PROCESSING IN THE ONLINE SHOP AND CUSTOMER ACCOUNT
As part of
our online shop’s order processes, we process our customers’ data to enable
them to select and order the selected products and services, as well as to
enable the payment and delivery or execution of the selected products and
services.
The processed data includes inventory data, communication data, contract data,
payment data, and data subjects affected by the processing include our
customers, prospective customers and other business partners. Processing is
carried out for the purpose of providing contractual services within the scope
operating an online shop, billing, delivery and customer services. We use
session cookies to store the contents of the shopping cart and permanent
cookies to store the login status.
Processing is carried out to fulfil our services and carry out contractual
measures (e.g. carrying out order transactions) and insofar as it is required
by law (e.g. legally required archiving of business transactions for trade and
tax purposes). To this end, information marked as necessary is required to
substantiate and fulfil the contract. We only disclose the data to third
parties in the context of delivery, payment or in the context of the statutory
permits and obligations, and also if this is done on the basis of our
legitimate interests, about which we inform you in the context of this Privacy
Policy (e.g., to legal and tax consultants, financial institutions, freight
companies and authorities).
In particular, users can optionally create a user account by viewing their
orders. As part of registration, the required mandatory information will be
communicated to the users. The user accounts are not public and cannot be
indexed by search engines. If users have terminated their user account, their
data regarding the user account will be deleted, subject to its retention for
commercial or tax reasons. Information in the customer account remains until
its deletion, with subsequent archiving in the case of a legal obligation or
our legitimate interests (e.g. in the case of litigation). It is the user’s
responsibility to save their data in the event of termination before the end of
the contract.
During registration and renewed registrations as well as use of our online
services, we store the IP address and the time of the respective user action.
The storage is based on our legitimate interests, as well as the user’s
protection against misuse and other unauthorised use. This data will not be
passed on to third parties unless it is necessary as a legitimate interest to
pursue our legal claims or unless there is a legal obligation to do so.
The deletion is carried out after expiry of statutory warranty and other
contractual rights or obligations (e.g. payment claims or performance
obligations from contracts with customers), whereby the necessity of the
storage of data is reviewed every three years; in the case of storage due to
statutory archiving obligations, deletion is carried out after their expiry.
ADMINISTRATION, FINANCIAL ACCOUNTING, OFFICE ORGANISATION, CONTACT MANAGEMENT
We process
data in the context administrative tasks as well as the organisation of our
business, financial accounting and compliance with legal obligations, such as
archiving. In this regard we process the same data that we process to provide
our contractual services. The processing bases are Art. 6(1)(c) and Art.
6(1)(f) GDPR. Customers, prospective customers, business partners and website
visitors are affected by the processing. The purpose and our interest in the
processing lies in the administration, financial accounting, office
organisation, archiving of data, i.e. tasks which serve the maintenance of our
business activities, performance of our tasks and provision of our services.
The deletion of the data with regard to contractual services and contractual
communication corresponds to the data specified in these processing activities.
We disclose or transmit data to the tax authorities, consultants such as tax
consultants or auditors as well as other fee agencies and payment service
providers.
Furthermore, on the basis of our business interests, we store information about
suppliers, organisers and other business partners, e.g. for the purpose of
establishing contact at a later date. This data, which is mainly
company-related, is stored permanently.
CONTACT
When
contacting us (e.g. via contact form, email, telephone or via social media), the
user’s details will be processed for the purpose of dealing with and settling
the contact enquiry in accordance with Art. 6(1)(b) (in the context of
contractual/pre-contractual relationships) or Art. 6(1)(f) (other enquiries)
GDPR. User information may be stored in a Customer Relationship Management
System (“CRM System”) or comparable query organisation.
We will delete enquiries if they are no longer required. We review whether they
are still required every two years; furthermore, the statutory archiving
obligations apply.
HOSTING AND E-MAIL DISPATCH
We use
hosting services to provide us with the following services: the infrastructure
and platform services, computing capacity, storage and database services, email
dispatch, security services, and technical maintenance services that we use to
operate this online service.
We or our hosting provider hereby process the inventory data, contact data,
content data, contract data, usage data, meta and communication data of
customers, prospective customers and visitors to this website on the basis of
our legitimate interest in efficient and secure provision of this website pursuant
to Art. 6(1)(f) GDPR in conjunction with Article 28 GDPR (conclusion of a data
processing contract).
COLLECTION OF ACCESS DATA AND LOG FILES
We or our
hosting provider collect data about every access to the server on which this
service is located (server log files) on the basis of our legitimate interests
within in the meaning of Art. 6(1)(f) GDPR. The access data include the name of
the retrieved web page, the file, the date and time of the retrieval, the
amount of data transferred, the message about the successful retrieval, the
browser type and version, the user’s operating system, the referrer URL
(previously visited page), the IP address and the requesting provider.
Log file information is stored for security purposes (for example, to
investigate abusive or fraudulent activities) for a maximum of seven days and
then deleted. Any data that must be further retained required for evidential
purposes is exempted from deletion until final clarification of the incident.