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 contents connected with it, as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Bât. Altiero Spinelli 04F147
60, rue Wiertz / Wiertzstraat 60
Legal notice: https://erik-marquardt.de/kontakt/impressum/
the types of data processed:
- inventory data (e.g., names, addresses).
- Contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Category of data subjects
Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as "users").
Purpose of the processing
- Provision of the online offer, its functions and contents.
- Responding to contact requests and communication with users.
- Security measures.
- Reach measurement / marketing
"personal data" shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an on-line identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
"Processing" means any operation or set of operations which is performed upon personal data, whether or not by automatic means, and covers virtually all processing of data.
"pseudonymisation" means the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person
"profiling' means any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or movement of that natural person
Controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
"processor" means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
Applicable legal basis
In accordance with Art. 13 DSGVO, we will inform you of the legal basis of our data processing operations. Unless the legal basis is stated in the data protection declaration, the following applies: the legal basis for obtaining consent is Art. 6 Para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing to fulfil our services and implement contractual measures and to answer enquiries is Art. 6 Para. 1 lit. b DSGVO, the legal basis for processing to fulfil our legal obligations is Art. 6 Para. 1 lit. c DSGVO, and the legal basis for processing to safeguard our legitimate interests is Art. 6 Para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 Para. 1 lit. d DSGVO serves as the legal basis.
In accordance with Art. 32 DSGVO and taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk.
These measures include in particular the safeguarding of the confidentiality, integrity and availability of data by controlling the physical access to the data as well as the access, entry, disclosure, safeguarding of availability and its separation. Furthermore, we have established procedures to ensure that the rights of the persons concerned are exercised, that data is deleted and that we react to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures, in accordance with the principle of data protection by designing technology and using data protection-friendly default settings (Art. 25 DSGVO).
Cooperation with contract processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (contract processors or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorisation (e.g. if the data must be transferred to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 letter b DSGVO to fulfil the contract), if you have given your consent, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosters, etc.).
If we commission third parties to process data on the basis of a so-called "contract processing agreement", this is done on the basis of Art. 28 DSGVO.
Transfer 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 is done in the context of using the services of third parties or if data is disclosed or transferred to third parties, this will only be done if it is done in order to fulfil 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 will only process the data in a third country or have it processed in a third country if the special requirements of Art. 44 ff. DPA are met, i.e. the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection corresponding to that of the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").
Rights of the data subject
You have the right to request confirmation as to whether or not data in question is being processed and to obtain information about this data and to receive further information and a copy of the data in accordance with Art. 15 DSGVO.
You have the right, in accordance with Art. 16 DSGVO, to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with Art. 17 DSGVO, you have the right to demand that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 DSGVO, to demand a restriction on the processing of the data.
You have the right to request that the data concerning you which you have provided us with be made available to us in accordance with Art. 20 of the DSGVO and to demand that it be passed on to other persons responsible.
Under Art. 77 DSGVO, they also have the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 Para. 3 DSGVO with effect for the future
Right of objection
You may object at any time to the future processing of data concerning you in accordance with Art. 21 DPA, in particular to processing for the purposes of direct marketing.
Cookies and right of objection for direct mail
cookies" are small files that are stored on the user's computer. different information can be stored within the cookies. a cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit within an online offer. temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer 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 stored. cookies that remain stored even after the browser is closed are called "permanent" or "persistent". for example, the login status can be stored if the user visits it after several days. in the same way, the interests of the user can be stored in such a cookie, d
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offer.
deletion of data
the data processed by us will be deleted or restricted in their processing in accordance with articles 17 and 18 DSGVO. unless expressly stated within the scope of 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 retention obligations. if the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. i.e. 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 law reasons.
According to the legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 para. 1 AO, 257 para. 1 No. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years according to § 257 para. 1 No. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, the storage is carried out in particular for 7 J in accordance with § 132 para. 1 BAO (accounting documents, vouchers/invoices, accounts, vouchers, business documents, statement of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Comments & contributions
If users leave comments or other contributions, their IP addresses may be stored for 7 days on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. DSGVO. This is done for our security if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.) In this case we ourselves may be prosecuted for the comment or contribution and are therefore interested in the identity of the author.
Furthermore, we reserve the right, on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. f. DSGVO, to process the information provided by users for the purpose of spam detection.
The data provided in the context of the comments and contributions will be permanently stored by us until the users object.
Subsequent comments can be subscribed to by users with their consent in accordance with Art. 6 Para. 1 lit. a DSGVO. Users will receive a confirmation e-mail to check whether they are the owner of the e-mail address entered. Users can cancel current comment subscriptions at any time. The confirmation e-mail will contain information on the cancellation options. For the purpose of proving the users' consent, we store the time of subscription together with the users' IP address and delete this information when users unsubscribe.
you can cancel the receipt of 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 defence against claims. an individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
Recall of emojies and smilies
The use of emojis is based on our legitimate interests, i.e. interest in an attractive design of our online offer according to Art. 6 para. 1 lit. f. DSGVO.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's details are processed for the purpose of handling the contact request and its processing in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relations), Art. 6 Para. 1 lit. f. (other requests) DSGVO. The user's details may be stored in a customer relationship management system ("CRM system") or comparable request organisation.
We delete the requests if they are no longer necessary; we review the necessity every two years; furthermore, the statutory archiving obligations apply.
With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. If the contents of the newsletter are specifically described in the context of a registration for the newsletter, they are decisive for the consent of the users. In addition, our newsletters contain information about our services and us.
Double-Opt-In and logging: the registration for our newsletter is done in a so-called Double-Opt-In-Procedure. that means that after registration you will receive an e-mail asking you to confirm your registration. this confirmation is necessary so that nobody can register with foreign e-mail addresses. the registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. this includes the storage of the registration and confirmation time as well as the IP address. likewise, the changes of your data stored with the shipping service provider are logged.
Registration data: In order to register for the newsletter, it is sufficient to enter your e-mail address, optionally we ask you to enter a name for personal contact in the newsletter.
The dispatch of the newsletter and the performance measurement associated with it are based on the consent of the recipients in accordance with Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing in accordance with Art. 6 Para. 1 lt. f. DSGVO in conjunction with § 7 Para. 3 UWG.
The logging of the registration procedure is based on our legitimate interests in accordance with Art. 6 Para. 1 lit. f DSGVO Our interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests as well as meeting the expectations of users and also allows us to provide proof of consent.
Cancellation/revocation - you can cancel the receipt of our newsletter at any time, i.e. revoke your consent. a link to cancel the newsletter is provided 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 defence against claims. an individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.
Newsletter - Mailchimp
The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without allocation to a user, to optimise or improve its own services, e.g. for technical optimisation of the dispatch and presentation of the newsletters or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
Google 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=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by the users, to compile reports on the activities within this online offer and to provide us with further services connected with the use of this online offer and the use of the Internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymisation, which means that the IP address of the user is shortened by Google within member states of the European Union or in other states that are party to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser will not be merged with other Google data. users can prevent the storage of cookies by adjusting their browser software accordingly; users can also prevent the collection of data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
The personal data of users will be deleted or anonymized after 14 months.
online presence in social networks
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 inform them about our services.
We would like to point out that user data may be processed outside of the European Union, which may result in risks for users, e.g. because it could make it more difficult to enforce users' rights. With regard to US providers certified under the Privacy Shield, we would like to point out that they are thereby committed to complying with the EU data protection standards.
Furthermore, user data is usually processed for market research and advertising purposes. For example, user profiles can be created from the user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the user behaviour and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of users' personal data is based on our legitimate interests in effective information of users and communication with users in accordance with Art. 6 para. 1 lit. f. DSGVO. If users are asked by the respective providers to give their consent to data processing (i.e. to give their consent, e.g. by ticking a check box or confirming a button), the legal basis for processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we would like to point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users in each case and can directly take appropriate measures and provide information. If you still need help, you can contact us.
Integration of third party services and content
Within our online offer, we use content or service offers from third parties on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
this always assumes that the third party providers of this content are aware of the IP address of the user, as without the IP address they would not be able to send the content to their browser. the IP address is therefore required to display this content. we endeavour to use only content whose providers use the IP address only 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 on the browser and operating system, referring web pages, visiting time and other information on the use of our online offering, as well as being combined with such information from other sources.
Use of Facebook Social Plugins
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) we use social plugins ("plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook").
This can include content such as images, videos or text and buttons that allow users to share content from this online offering within Facebook. The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook 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=a2zt0000000GnywAAC&status=Active).
if a user calls up a function of this online offer that contains such a plugin, his or her device establishes a direct connection with the servers of facebook. the content of the plugin is transmitted by facebook directly to the user's device and integrated into the online offer by the user. user profiles of the users can be created from the processed data. we therefore have no influence on the scope of the data that facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.
through the integration of the plugins, facebook receives the information that a user has called up the corresponding page of the online offer. if the user is logged in to facebook, facebook can assign the visit to his facebook account. if users interact with the plugins, for example by pressing the like button or making a comment, the corresponding information is transmitted directly from your device to facebook and stored there. if a user is not a member of facebook, there is still the possibility that facebook will find out and store his IP address. according to facebook, only an anonymised IP address is stored in germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the relevant rights and setting options for protecting the privacy of users, can be found in the Facebook data protection information: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offer and link it with his or her membership data stored on Facebook, he or she must log out of Facebook before using our online offer and delete his or her cookies. Further settings and contradictions regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US side http://www.aboutads.info/choices/ or the EU side http://www.youronlinechoices.com/The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
Within our online offer, functions and contents of the service Twitter, offered by Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated, e.g. contents such as pictures, videos or texts and buttons with which users can share contents of this online offer within Twitter.
Within our online offer, functions and contents of the Google+ platform, offered by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"), can be integrated, e.g. contents such as pictures, videos or texts and buttons with which users can share contents of this online offer within Google. If the users are members of the Google+ platform, Google can assign the call of the above-mentioned contents and functions to the user profiles there.