Data protection
In accordance with the statutory provisions of data protection law (in particular the new version of the German Federal Data Protection Act (BDSG) and the European General Data Protection Regulation (GDPR)), we inform you below about the type, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. With regard to the definition of terms such as “personal data” or “processing”, we refer to Art. 4 GDPR.
Name and contact details of the controller(s)
Our controller (hereinafter “controller”) within the meaning of Art. 4(7) GDPR is
Eva-Maria Hill
Möthlower Straße 8b
13591 Berlin
E-mail address: eva@evamariahill.de
Types of data, purposes of processing and categories of data subjects
Below we inform you about the type, scope and purpose of the collection, processing and use of personal data.
Types of data we process
Usage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.), payment data (bank details, account details, payment history, etc.), contract data (subject matter of the contract, duration, etc.), content data (text entries, videos, photos, etc.), communication data (IP address, etc.),
Purposes of processing in accordance with Art. 13 para. 1 c) GDPR
Processing of contracts, technical and economic optimization of the website, enabling easy access to the website, fulfilling contractual obligations, improving the user experience, making the website user-friendly, handling contact requests,
Categories of data subjects pursuant to Art. 13 para. 1 e) GDPR
Visitors/users of the website, customers, interested parties,
The data subjects are collectively referred to as “users”.
Legal basis for the processing of personal data
Below we inform you about the legal basis for the processing of personal data:
If we have obtained your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a) GDPR is the legal basis.
If processing is necessary for the performance of a contract or in order to take steps at your request prior to entering into a contract, the legal basis is Article 6(1)(b) GDPR.
If processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory retention obligations), Art. 6 para. 1 sentence 1 lit. c) GDPR is the legal basis.
If processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is Art. 6 para. 1 sentence 1 lit. d) GDPR.
If the processing is necessary to protect our legitimate interests or those of a third party and your interests or fundamental rights and freedoms do not outweigh this, Art. 6 para. 1 sentence 1 lit. f) GDPR is the legal basis.
Disclosure of personal data to third parties and processors
In principle, we do not disclose any data to third parties without your consent. Should this nevertheless be the case, the data will be passed on on the basis of the aforementioned legal bases, e.g. when passing on data to online payment providers to fulfill a contract or due to a court order or due to a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of an agreement on order processing, this is always done in accordance with Art. 28 GDPR. We select our processors carefully, monitor them regularly and have been granted the right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and GDPR
Data transfer to third countries
The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data will therefore primarily be processed by companies to which the GDPR applies. However, if processing is carried out by third-party services outside the European Union or the European Economic Area, these must fulfill the special requirements of Art. 44 et seq. GDPR must be met. This means that the processing takes place on the basis of special guarantees, such as the EU Commission’s officially recognized determination of a level of data protection corresponding to that of the EU or compliance with officially recognized special contractual obligations, the so-called “standard contractual clauses”. In the case of US companies, submission to the so-called “Privacy Shield”, the data protection agreement between the EU and the USA, fulfills these requirements.
Deletion of data and storage duration
Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as the purpose for which it was stored no longer applies, unless its continued storage is required for evidence purposes or this conflicts with statutory retention obligations. This includes, for example, commercial law retention obligations for business letters in accordance with Section 257 (1) HGB (6 years) and tax law retention obligations for documents in accordance with Section 147 (1) AO (10 years). If the prescribed retention period expires, your data will be blocked or deleted unless storage is still required for the conclusion or fulfillment of a contract.
Existence of automated decision-making
We do not use automated decision-making or profiling.
Provision of our website and creation of log files
If you only use our website for information purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
– IP address;
Internet service provider of the user;
Date and time of access;
Browser type;
Language and browser version;
Content of the access;
Time zone;
Access status/HTTP status code;
Data volume;
Websites from which the request originates;
Operating system.
This data is not stored together with your other personal data.
This data serves the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as their optimization and statistical evaluation.
The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR, which also lies in the above purposes.
For security reasons, we store this data in server log files for a storage period of 70 days. After this period, they are automatically deleted, unless we need to retain them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.
Cookies
We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser places and stores on your computer. When you visit our website again, these cookies provide information to automatically recognize you. The information obtained in this way serves the purpose of optimizing our website technically and economically and enabling you to access our website more easily and securely. When you visit our website, we inform you about the use of cookies for the aforementioned purposes and how you can object to them or prevent their storage (“opt-out”) by means of a reference to our privacy policy. Our website uses session cookies, persistent cookies and third-party cookies:
Session cookies: We use so-called cookies to recognize multiple uses of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information to automatically recognize you. The information obtained in this way is used to optimize our services and make it easier for you to access our site. When you close the browser or log out, the session cookies are deleted.
Persistent cookies: These are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in your browser’s security settings.
Third-party cookies: You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. However, we would like to point out that you may then not be able to use all the functions of this website. Read more about these cookies in the respective privacy policies of the third-party providers.
The legal basis for this processing is Art. 6 para. 1 sentence b) GDPR if the cookies are set to initiate a contract, e.g. for orders, and otherwise we have a legitimate interest in the effective functionality of the website, so that in this case Art. 6 para. 1 sentence 1 lit. f) GDPR is the legal basis.
Objection and “opt-out”:
You can generally prevent cookies from being stored on your hard disk by selecting “Do not accept cookies” in your browser settings. However, this may limit the functionality of our offers. You can opt out of the use of third-party cookies for advertising purposes via this American website https://optout.aboutads.info/ or this European website LINK to object.
Processing of contracts
We process inventory data (e.g. company, title/academic degree, names and addresses as well as contact data of users, e-mail), contract data (e.g. services used, names of contact persons) and payment data (e.g. bank details, payment history) for the purpose of fulfilling our contractual obligations (knowledge of who the contractual partner is; establishment, content and execution of the contract; checking the plausibility of the data) and services (e.g. contacting customer service) in accordance with Art. 6 para. 1 sentence 1 lit. b) GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
This data will not be passed on to third parties unless it is necessary to pursue our claims (e.g. transfer to a lawyer for debt collection) or to fulfill the contract (e.g. transfer of data to payment providers) or there is a legal obligation to do so pursuant to Art. 6 para. 1 sentence 1 lit. c) GDPR.
We may also process the data you provide in order to inform you about other interesting products from our portfolio or to send you e-mails with technical information.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. This is the case for inventory and contract data when the data is no longer required for the performance of the contract and no more claims can be asserted under the contract because they are time-barred (warranty: two years / standard limitation period: three years). Due to commercial and tax law requirements, we are obliged to store your address, payment and order data for a period of ten years. However, we restrict processing after three years if the contract is terminated, i.e. your data will only be used to comply with legal obligations. Information in the user account remains until it is deleted.
Contact via contact form / e-mail / fax / post
When contacting us by contact form, fax, post or e-mail, your data will be processed for the purpose of handling the contact request.
If you have given your consent, the legal basis for the processing of the data is Art. 6 para. 1 sentence 1 lit. a) GDPR. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 sentence 1 lit. f) GDPR. The controller has a legitimate interest in the processing and storage of the data in order to be able to answer user inquiries, to preserve evidence for liability reasons and, if necessary, to comply with its statutory retention obligations for business letters. If the contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 sentence 1 lit. b) GDPR.
We may store your details and contact request in our Customer Relationship Management System (“CRM System”) or a comparable system.
The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with you has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been conclusively clarified. We store inquiries from users who have an account or contract with us for a period of two years after termination of the contract. In the case of statutory archiving obligations, the deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.
You have the option to revoke your consent to the processing of personal data at any time in accordance with Art. 6 para. 1 sentence 1 lit. a) GDPR. If you contact us by email, you can object to the storage of your personal data at any time.
Google AdWords with conversion tracking
We use the “AdWords with Conversion Tracking” service (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA) to draw attention to our website on third-party websites by means of advertisements. When you click on a Google ad from us, a cookie is stored in your browser, which is valid for about 30 days. If you then visit our website, we and Google can use the cookie to evaluate whether you have visited our website and which of our pages you have visited. Google compiles statistics on this. We do not know the full extent of the data processing. The data is also transferred to the USA and analyzed there. If you are logged in with a Google account, AdWords can assign the data to your account. If you do not wish this to happen, you must log out before visiting our website. This conversion tracking serves the purpose of analysis, optimization and the economic operation of our advertising and website.
The legal basis for the processing of your data is our legitimate interest in the analysis, optimization and economic operation of our advertising and website in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR. Google is certified under the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.
You can object to or prevent the installation of cookies by Google in various ways:
You can disable cookies in your browser by selecting the “Do not accept cookies” setting, which also includes third-party cookies;
. You can disable conversion tracking directly on Google via the link https://adssettings.google.com/, although this setting will only remain in place until you delete your cookies.
You can deactivate the personalized ads of third-party providers participating in the “About Ads” advertising self-regulation initiative via the link https://optout.aboutads.info/ for US sites or for EU sites under LINK, whereby this setting will only last until you delete all your cookies;
You can permanently deactivate cookies by using a browser plug-in for Chrome, Firefox or Internet Explorer under the link. This deactivation may mean that you will no longer be able to use all the functions of our website to their full extent.
Further information can be found in Google’s privacy policy at https://policies.google.com/privacy?hl=de&gl=de and link.
Google AdWords Remarketing / “Similar target groups”
We use the Google AdWords Remarketing/”Similar Target Groups” application (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA) to draw attention to our website on third-party websites and other Internet offers by means of advertisements. With https://support.google.com/adwords/answer/adwords/answer/1752338 in AdWords, we can reach you there if you have already visited our website and address you with a suitable message via an advertisement. With remarketing, we can bring our previous visitors back to our website with a click. When you visit certain of our pages, a cookie is stored in your browser, which is valid for 30 days. If you then visit other websites or Internet offers, we and Google can use the cookie to evaluate whether you have already visited our website and display our advertising to you there too. Google compiles statistics on this. We do not know the full extent of the data processing. The data is also transferred to the USA and analyzed there. According to Google, the data collected through remarketing is not merged with any personal data stored by Google, but is processed using a pseudonym. This remarketing serves the purpose of analysis, optimization and the economic operation of our advertising and website.
The legal basis for the processing of your data is our legitimate interest in the analysis, optimization and economic operation of our advertising and website in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR. Google is certified under the EU-US Privacy Shield: https://www.privacyshield.gov/EU-US-Framework.
You can object to or prevent the installation of cookies by Google in various ways:
You can disable cookies in your browser by selecting the “Do not accept cookies” setting, which also includes third-party cookies;
. You can disable personalized ads directly on Google via the link https://adssettings.google.com/, although this setting will only remain in effect until you delete your cookies.
You can deactivate the personalized ads of third-party providers that participate in the “About Ads” advertising self-regulation initiative via the link https://optout.aboutads.info/ for US sites or for EU sites at http://www.youronlinechoices.com/de/praferenzmanagement/, whereby this setting only lasts until you delete all your cookies;
You can permanently deactivate cookies by using a browser plug-in for Chrome, Firefox or Internet Explorer under the link https://support.google.com/ads/answer/7395996. This deactivation may mean that you will no longer be able to use all the functions of our website to their full extent.
Further information can be found in Google’s privacy policy at https://policies.google.com/privacy?hl=de&gl=de.
Google Analytics
We have integrated the website analysis tool “Google Analytics” (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, EU branch: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland) on our website.
When you visit our website, Google places a cookie on your computer in order to analyze your use of our website. The data collected is transferred to the USA and stored there. If personal data is transferred to the USA, Google’s certification in accordance with the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework) provides a guarantee that European data protection law is complied with.
We have activated IP anonymization “anonymizeIP”, which means that IP addresses are only processed in abbreviated form. On this website, your IP address will therefore be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the controller. We have also activated the cross-device analysis of website visitors, which is carried out via a so-called user ID. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. The use of Google Analytics serves the purpose of analyzing, optimizing and improving our website.
The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR, which also lies in the above purposes.
The data sent by us and linked to cookies, user identifiers (e.g. user ID) or advertising IDs are automatically deleted after 14 months. Data that has reached the end of its retention period is automatically deleted once a month.
Further information on the use of data by Google Analytics can be found here: https://www.google.com/analytics/terms/de.html (Terms of use for Analytics), https://support.google.com/analytics/answer/6004245?hl=de (Privacy policy for Analytics) and Google’s privacy policy https://policies.google.com/privacy.
Objection and “opt-out”: You can generally prevent cookies from being stored on your hard disk by selecting “Do not accept cookies” in your browser settings. However, this may limit the functionality of our services. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website and from processing this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
As an alternative to the browser plugin above, you can prevent Google Analytics from collecting your data by clicking [__hier bitte__den Analytics Opt-Out Link Ihrer Webseite einfügen]. This click sets an “opt-out” cookie that prevents the future collection of your data when you visit this website. This cookie only applies to our website and your current browser and only lasts until you delete your cookies. In this case, you would have to set the cookie again.
You can deactivate cross-device user analysis in your Google account under “My data & personal data”.
Google Maps
We have integrated maps from “Google Maps” (Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA, EU branch: Google Dublin, Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland) on our website. This allows us to display the location of addresses and directions directly on our website in interactive maps and enables you to use this tool.
When you access our website, where Google Maps is integrated, a connection to Google’s servers in the USA is established. Your IP address and location may be transmitted to Google. Google also receives the information that you have accessed the corresponding page. This also takes place without a Google user account. If you are logged into your Google account, Google can assign the above data to your account. If you do not wish this to happen, you must log out of your Google account. Google creates user profiles from such data and uses this data for the purposes of advertising, market research or optimization of its websites.
The legal basis for this is our legitimate interest in data processing in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR, which also lies in the above purposes.
You have the right to object to the creation of user profiles by Google. Therefore, please contact Google directly via the privacy policy below. You can opt out of advertising cookies here in your Google account:
https://adssettings.google.com/authenticated.
You can find more information on the use of Google cookies and their advertising technologies, storage duration, anonymization, location data, how they work and your rights in the Google Maps terms of use at https://www.google.com/intl/de_de/help/terms_maps.html and in Google’s privacy policy for advertising at https://policies.google.com/technologies/ads. Google’s general privacy policy: https://policies.google.com/privacy.
Google is certified under the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework) and is therefore obliged to comply with European data protection law.
Presence in social media
We maintain profiles and fan pages on social media in order to communicate with the users connected and registered there and to provide information about our products, offers and services. The US providers are certified according to the so-called Privacy Shield and are therefore obliged to comply with European data protection. When you use and access our profile on the respective network, the respective data protection notices and terms of use of the respective network apply.
We process your data that you send us via these networks in order to communicate with you and to answer your messages there.
The legal basis for the processing of personal data is our legitimate interest in communicating with users and our external presentation for the purpose of advertising in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR. If you have given consent to the controller of the social network to process your personal data, the legal basis is Art. 6 para. 1 sentence 1 lit. a) and Art. 7 GDPR.
The data protection notices, information options and opt-out options of the respective networks can be found here:
– XING (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy Policy/ Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.
– LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland) – Privacy Policy: https://www.linkedin.com/legal/privacy-policy, Cookie Policy and Opt-Out: https://www.linkedin.com/legal/cookie-policy, Privacy Shield of the US company LinkedIn Inc.: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.
Rights of the data subject
Objection or revocation against the processing of your data
If the processing is based on your consent pursuant to Art. 6 para. 1 sentence 1 lit. a), Art. 7 GDPR, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
Insofar as we base the processing of your personal data on the balancing of interests pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR, you can object to the processing. This is the case if, in particular, the processing is not necessary for the performance of a contract with you, which is described by us in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and will either discontinue or adapt the data processing or show you our compelling reasons worthy of protection on the basis of which we will continue the processing.
You can object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise your right to object free of charge. You can inform us of your objection to advertising using the following contact details:
Eva-Maria Hill
Möthlower Strasse 8b
13591 Berlin
E-mail address: eva@evamariahill.de
Right to information
You have the right to request confirmation from us as to whether personal data concerning you is being processed. If this is the case, you have a right to information about your personal data stored by us in accordance with Art. 15 GDPR. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it was not collected directly from you.
Right to rectification
You have a right to rectification of inaccurate data or to completion of correct data in accordance with Art. 16 GDPR.
Right to erasure
You have a right to erasure of your data stored by us in accordance with Art. 17 GDPR, unless statutory or contractual retention periods or other statutory obligations or rights to further storage prevent this.
Right to restriction
You have the right to request a restriction on the processing of your personal data if one of the conditions in Art. 18 para. 1 lit. a) to d) GDPR is met:
If you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
if you have objected to processing pursuant to Art. 21 para. 1 GDPR and it is not yet certain whether the legitimate reasons of the controller outweigh your reasons.
Right to data portability
You have a right to data portability in accordance with Art. 20 GDPR, which means that you can receive the personal data we have stored about you in a structured, commonly used and machine-readable format or request that it be transferred to another controller.
Right to lodge a complaint
You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.
Data security
We have taken appropriate technical and organizational security measures to protect all personal data that is transmitted to us and to ensure that we and our external service providers comply with data protection regulations. Therefore, among other things, all data between your browser and our server is transmitted in encrypted form via a secure SSL connection.
Status: 03.09.2018
Source: Sample data protection declaration from JuraForum.de