privacy
privacy
In the following, we inform you about the type, scope and purpose of the processing of personal data by our company in accordance with the legal requirements of data protection law (in particular according to BDSG nF and the European data protection basic regulation 'DS-GVO'). 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 DS-GVO. Name and contact details of the responsible person(s) Our responsible person (hereinafter "responsible person") in the sense of Art. 4 no. 7 DS-GVO is: Photo PastyrikHauptstr. 3491257, Pegnitz, GermanyManaging Director Hans PastyrikEmail address: digital@foto-pastyrik.de Types of data, purposes of processing and categories of data subjects Below we will inform you about the type, scope and purpose of the collection, processing and use of personal data. 1. Types of data that we process Usage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact details (telephone number, email, fax, etc.), payment data (bank details, account details, payment history, etc.) , contract data (object of the contract, term, etc.), content data (text input, videos, photos, etc.), communication data (IP address, etc.), 2. Purposes of processing according to Art. 13 Para. 1 c) DS-GVO processing of Contracts, evidence purposes / preservation of evidence, optimize the website technically and economically, enable easy access to the website, fulfill contractual obligations, contact us in the event of legal complaints by third parties, fulfill legal storage obligations, optimization and statistical evaluation of our services, support commercial use of the website, improve user experience, website design user-friendly, economic operation of advertising and website, marketing / sales / advertising, creation of statistics, avoidance of SPAM and abuse, customer service and customer care, handling contact requests, providing websites with functions and content, uninterrupted, secure operation of our website, 3. Categories of data subjects according to Art. 13 Para. 1 e) DS-GVO visitor/user of the website, customers, prospects, employees of customers or suppliers, the persons concerned are collectively referred to as "users". Legal bases for the processing of personal data In the following we will inform you about the legal bases for the processing of personal data: If we have obtained your consent for the processing of personal data, Article 6 Paragraph 1 Sentence 1 lit. a) GDPR is the legal basis. If the processing is necessary to fulfill a contract or to carry out pre-contractual measures that are carried out at your request, Article 6 Paragraph 1 Sentence 1 lit. b) GDPR is the legal basis. If the processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory storage obligations), Article 6 Paragraph 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, Article 6 Paragraph 1 Sentence 1 lit. d) GDPR is the legal basis. If the processing is necessary to protect our interests or those of a third party and your interests or fundamental rights and freedoms do not prevail in this regard, Article 6 Paragraph 1 Clause 1 Letter f) GDPR is the legal basis. Disclosure of personal data to third parties and processors Without your consent, we generally do not pass on any data to third parties. If this is the case, then the transfer takes place on the basis of the aforementioned legal bases, e.g. when transferring data to online payment providers to fulfill a contract or due to a court order or due to a legal obligation to release 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 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 DS-GVO. We carefully select our processors, check 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 in accordance with the BDSG nF and DS-GVO Data transfer to third countries The adoption of the European General Data Protection Regulation (GDPR) created a uniform basis for data protection in Europe. Your data will therefore be processed primarily by companies for which the GDPR applies. Should the processing take place by third-party services outside the European Union or the European Economic Area, they must meet the special requirements of Art. 44 et seq. GDPR. This means that the processing takes place on the basis of special guarantees, such as the determination of a level of data protection officially recognized by the EU Commission or compliance with officially recognized special contractual obligations, the so-called "standard contractual clauses". For US companies, the 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 period Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as the purpose for storage no longer applies, unless further storage is required for evidentiary purposes or there are statutory storage requirements to the contrary. This includes, for example, commercial law retention requirements for business letters in accordance with Section 257 (1) HGB (6 years) and tax retention requirements for receipts 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 informational 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 want 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 comes;• Operating system. This data is not stored together with other personal data of yours. This data serves the purpose of providing you with functions and content of our website in a user-friendly, functional and secure manner, as well as optimizing and statistically evaluating them. The legal basis for this is our legitimate interest in data processing in accordance with Article 6 Paragraph 1 Clause 1 Letter 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 30 days. After this period, they are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other violations of the law. Cookies We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser stores and saves 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 technically and economically optimizing our website 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 data protection declaration. Our website uses session cookies, persistent cookies and cookies from third parties: • Session cookies: We use so-called cookies to recognize repeated use 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 offers and to enable you to access our site more easily. If you close the browser or log out, the session cookies will be deleted. • Persistent cookies: These are automatically deleted after a specified period, which can vary depending on the cookie. You can delete cookies at any time in the security settings of your browser. • Third-party cookies (third-party cookies): You can configure your browser settings according to your wishes and z. B. Decline 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 data protection declarations of the third-party providers. The legal basis for this processing is Article 6 Paragraph 1 Sentence Letter 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 (1) sentence 1 lit. f) GDPR is the legal basis. Objection and "opt-out": You can generally prevent the storage of cookies on your hard drive by selecting "do not accept cookies" in your browser settings. However, this can result in a functional restriction 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 ( http://www.youronlinechoices.com/de /preference management/ ) contradict. Processing of contracts We process inventory data (e.g. company, title/academic degree, names and addresses as well as contact details 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 fulfilment our contractual obligations (knowledge of who the contractual partner is; justification, content and execution of the contract; checking the plausibility of the data) and services (e.g. contacting customer service) in accordance with Article 6 Paragraph 1 Sentence 1 lit b) GDPR . The entries marked as mandatory in online forms are required for the conclusion of the contract. In principle, this data will not be passed on to third parties unless it is necessary to pursue our claims (e.g. handing over to a lawyer for debt collection) or to fulfill the contract (e.g. handing over the data to payment providers) or there is a legal obligation to do so in accordance with Art 6 Paragraph 1 Clause 1 Letter c) GDPR. We can also process the data you provide to inform you about other interesting products from our portfolio or to send you e-mails with technical information. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is the case for the inventory and contract data if the data is no longer required for the execution of the contract and no more claims can be asserted from the contract because they are statute-barred (warranty: two years / standard statute of limitations: three years ). Due to commercial and tax regulations, we are obliged to store your address, payment and order data for a period of ten years. However, if the contract is terminated after three years, we will restrict the processing, ie your data will only be used to comply with legal obligations. Information in the user account remains until it is deleted. Contacting us via contact form / e-mail / fax / post If you contact us using the contact form, fax, post or e-mail, your details will be processed for the purpose of processing the contact request. If you have given your consent, the legal basis for processing the data is Article 6 (1) sentence 1 lit. a) GDPR. The legal basis for the processing of data transmitted in the course of a contact request or email, letter or fax is Article 6 Paragraph 1 Sentence 1 Letter f) GDPR. The person responsible 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 be able to comply with his legal storage obligations for business letters. If the contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) sentence 1 lit. b) GDPR. We can 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 they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is over when it can be inferred from the circumstances that the facts in question have been finally clarified. We store inquiries from users who have an account or contract with us for a period of two years after the end of the contract. In the case of legal archiving obligations, the deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) storage obligation. You have the option at any time to revoke your consent to the processing of personal data in accordance with Article 6 Paragraph 1 Clause 1 Letter a) GDPR. If you contact us by email, you can object to the storage of your personal data at any time. Presence in social media We maintain profiles and fan pages in 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 call up our profile in 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 public image for the purpose of advertising in accordance with Article 6 Paragraph 1 Sentence 1 lit. f) GDPR. If you have given the person responsible for the social network your consent to the processing of your personal data, the legal basis is Article 6 Paragraph 1 Clause 1 Letter a) and Article 7 GDPR. The data protection information, information options and objection options (opt-out) of the respective networks can be found here: • Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) Data protection declaration: https://www.facebook. com/about/privacy/ , Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com , Privacy Shield: https://www.privacyshield.gov/ participant?id=a2zt0000000GnywAAC&status=Active .• Instagram(Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Policy/ Opt-Out: http://instagram.com/about/legal/privacy/ . Social media plug-ins We use social media plug-ins from social networks on our website. We use the so-called "two-click solution" Shariff from c't or heise.de. When you visit our website, no personal data is transmitted to the providers of the plug-ins. Next to the logo or brand of the social network you will find a controller with which you can activate the plug-in with a click. After activation, the provider of the social network receives the information that you have accessed our website and that your personal data will be transmitted to the provider of the plug-in and stored there. These are so-called third-party cookies. According to some providers, such as Facebook and XING, your IP will be anonymized immediately after it has been collected. The plug-in provider stores the data collected about the user as usage profiles. These are used for advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) to display needs-based advertising and to inform other users of the social network about the user's activities on our website. The user has the right to object to the creation of these user profiles, whereby the respective plug-in provider must be contacted to exercise this right. The legal basis for using the plug-ins is our legitimate interest in improving and optimizing our website by increasing our profile via social networks and the possibility of interacting with you and users with each other via social networks in accordance with Art. 6 Para. 1 Sentence. 1 lit. f) GDPR. We have no influence on the data collected and data processing operations. We also have no knowledge of the scope of the data collection, the purpose of the processing and the storage periods. We also have no information on the deletion of the data collected by the plug-in provider. With regard to the purpose and scope of data collection and processing, we refer to the respective data protection declarations of the social networks. You will also find information there on your rights and setting options for protecting your personal data. Facebook We have plug-ins from the social network Facebook.com (registered office in the EU: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) on our website as part of the so-called "two-click Solution” from Shariff. You can recognize this by the Facebook logo “f” or the addition “Like”, “Like” or “Share”. As soon as you voluntarily activate the Facebook plug-in, a connection is established from your browser to the Facebook servers. Facebook receives the information, including your IP, that you have accessed our website and transmits this information to Facebook servers in the USA, where this information is stored. If you are logged into your Facebook account, Facebook can assign this information to your account. When using the functions of the plug-in, e.g. pressing the "Like" button, this information is also transmitted from your browser to the Facebook server in the USA and stored there and displayed in your Facebook profile and possibly with your friends . The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights in this regard and setting options for protecting your privacy can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/. Data collection with the “Like” button: https://www.facebook.com/help/186325668085084. You can manage and object to your settings regarding the use of your profile data for advertising purposes on Facebook here: https://www.facebook.com/ads/preferences/. If you log out of Facebook before visiting our website and delete your cookies, no data about your visit to our website will be assigned to your profile on Facebook when the plug-in is activated. You can also prevent the Facebook plug-in from loading using the so-called "Facebook Blocker", which you can install as an add-on for your browser: Facebook Blocker for Firefox, Chrome and Opera or 1blocker for Safari, iPad and iPhone. Facebook has submitted to the Privacy Shield and thus ensures that European data protection law is observed: https://www.privacyshield.gov/EU-US-Framework. Instagram We have integrated plug-ins from the social network Instagram (Instagram LLC., 1601 Willow Road, Menlo Park, CA, 94025, USA) on our website as part of Shariff's so-called "two-click solution". You can recognize them by the Instagram logo in the form of a square camera. If you deliberately activate the plug-in, a connection will be established from your browser to the Instagram servers. Instagram receives the information, including your IP address, that you have visited our site and transmits the information to Instagram servers in the USA, where this information is stored. If you are logged into your Instagram account, Instagram can assign this information to your account and you can click the Instagram button and thus share and save the content of our pages on your Instagram account and, if necessary, show it to your friends there. We have no knowledge of the exact content of the transmitted data, how it is used and how long it is stored by Instagram. If you log out of Instagram before visiting our website and delete your cookies, no data about your visit to our website will be assigned to your profile on Instagram when the plug-in is activated. For more information, see Instagram's privacy policy at https://help.instagram.com/519522125107875 and privacy settings here: https://help.instagram.com/196883487377501. Rights of the data subject Objection or revocation against the processing of your data If the processing is based on your consent in accordance with Art. 6 Para. 1 S. 1 lit. a), Art. 7 DS-GVO, 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 up to the point of revocation. If we base the processing of your personal data on the balancing of interests in accordance with Article 6 (1) sentence 1 lit. f) GDPR, you can object to the insert processing. This is the case if the processing is not necessary in particular to fulfill a contract with you, which is shown by us in the following description of the functions. If you exercise such an objection, we ask that you 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 stop or adjust the data processing or show you our compelling legitimate reasons for continuing 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 about your objection to advertising using the following contact details: Foto PastyrikHauptstr. 3491257, Pegnitz, GermanyManaging Director Hans PastyrikEmail address: digital@foto-pastyrik.de Right to informationYou have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have the right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data was 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 the right to have incorrect data corrected or correct data completed in accordance with Art. 16 GDPR. Right to erasure You have the 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 conflict with this. Right to restriction You have the right to request a restriction in the processing of your personal data if one of the requirements in Article 18 (1) lit. a) to d) GDPR is met: contest personal data for a period that enables the person responsible to check the accuracy of the personal data;• the processing is unlawful and you refuse the deletion of the personal data and instead request the restriction of the use of the personal data;• the person responsible for the personal data no longer needed for the purposes of the processing, but you need them to assert, exercise or defend legal claims, or• if you have lodged an objection to the processing pursuant to Art. 21 Para. 1 DS-GVO and it is not yet clear whether the legitimate Reasons of the person responsible outweigh your reasons. Right to data portabilityYou 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, common and machine-readable format or you can request transmission to another person responsible. Right to complain 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 where you live, where you work or where the alleged violation took place. Data security In order to protect all personal data that is transmitted to us and to ensure that we and our external service providers comply with the data protection regulations, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted in encrypted form via a secure SSL connection. Status: November 6th, 2019 Source: Sample data protection declaration from JuraForum.de
