Responsible
Stefan Fischer | Sowiesodesign Fürth
Ludwigstraße 30 Fürth Südstadt
Germany
Tel: 0151.40416465
Mail: info@sowiesodesign.com
This data protection declaration informs you about the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within the scope of the provision of our services as well as within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our social media profiles (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Terminology used
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter "data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to 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. The notion is broad and covers virtually any handling of data.
"pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data are not attributed to an identified or identifiable natural person.
"profiling" means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or change of location.
Controller" means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
"processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Types of data processed
- Inventory data (e.g., personal master data, names or addresses).
- Contact information (e.g., email, phone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., web pages visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of persons concerned
Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as "users").
Purpose of the processing
- Provision of the online offer, its functions and contents.
- Respond to contact requests and communicate with users.
- Security Measures.
- Reach measurement/marketing
Relevant legal bases
In accordance with Art. 13 DSGVO, we inform you about the legal basis of our data processing. For users from the area of application of the General Data Protection Regulation (GDPR), i.e. the EU and the EEC, the following applies, unless the legal basis is stated in the data protection declaration:
The legal basis for obtaining consent is Art. 6 (1) a and Art. 7 DSGVO;
The legal basis for the processing for the fulfilment of our services and the implementation of contractual measures as well as answering inquiries is Art. 6 para. 1 lit. b DSGVO;
The legal basis for the processing for the fulfilment of our legal obligations is Art. 6 (1) lit. c DSGVO;
In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Article 6(1)(d) DSGVO serves as the legal basis.
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 vested in the controller is Article 6(1)(e) DSGVO.
The legal basis for processing to protect our legitimate interests is Art. 6 (1) lit. f DSGVO.
The processing of data for purposes other than those for which they were collected is governed by the provisions of Art. 6 (4) DSGVO.
The processing of special categories of data (according to Art. 9 (1) DSGVO) is determined according to the requirements of Art. 9 (2) DSGVO.
Security measures
We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk in accordance with the legal requirements, taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transfer, availability and separation of the data. We also have procedures in place to ensure the exercise of data subject rights, deletion of data and response to data compromise. Furthermore, we already take the protection of personal data into account during the development and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly default settings.
Cooperation with processors, joint controllers and third parties
If, in the course of our processing, we disclose data to other persons and companies (order processors, jointly responsible persons or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is necessary for the performance of the contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose or transfer data to other companies in our group of companies or otherwise grant them access, this is done in particular for administrative purposes as a legitimate interest and, in addition, on a basis that complies with 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 do so in the context of using third-party services or disclosing or transferring data to other persons or companies, this will only be done if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or allow data to be processed in a third country if the legal requirements are met. This means, for example, that the processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations.
Rights of data subjects
You have the right to obtain confirmation as to whether or not personal data in question is being processed and to obtain information on such data and a copy thereof in accordance with the law.
You have the right, in accordance with the law, to request that data concerning you be completed or that inaccurate data concerning you be corrected.
In accordance with the statutory provisions, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand restriction of the processing of the data in accordance with the statutory provisions.
You have the right to obtain the data concerning you that you have provided to us, in accordance with the law, and to request that it be communicated to other persons in charge.
You also have the right, in accordance with the law, to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke given consent with effect for the future.
Right of objection
You may object to the future processing of data relating to you in accordance with the statutory provisions at any time. The objection can be made in particular against the processing for purposes of direct advertising.
Cookies and right to object to direct advertising
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 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 referred to as "permanent" or "persistent". For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only the latter's cookies, they are referred to as "first-party cookies").
We may use temporary and permanent cookies and will explain this in our privacy policy.
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 restrictions of this online offer.
A general objection to the use of cookies for online marketing purposes can be made for many of the services, especially in the case of tracking, via the US-American site http://www.aboutads.info/choices/ or the EU side http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that not all functions of this online offer can then be used.
Deletion of data
The data processed by us will be deleted or restricted in its processing in accordance with the legal requirements. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations.
If the data is not deleted because it is required for other and legally permissible purposes, its processing is restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
Changes and updates to the privacy policy
We ask you to inform yourself regularly about the content of our data protection declaration. We adapt the data protection declaration as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
Business processing
In addition we process
- Contract data (e.g., subject matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history) of our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Agency Services
We process the data of our customers within the scope of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development/consulting or maintenance, implementation of campaigns and processes/handling, server administration, data analysis/consulting services and training services.
In doing so, we process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g., in the context of evaluating and measuring the success of marketing measures). As a matter of principle, we do not process special categories of personal data, unless these are components of commissioned processing. Data subjects include our customers, prospective customers as well as their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contractual services, billing and our customer service. The legal basis for the processing results from Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data that are necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client as well as the legal requirements of order processing in accordance with Art. 28 DSGVO and do not process the data for any other purposes than those specified in the order.
We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, deletion takes place after their expiry (6 years, in accordance with § 257 Para. 1 HGB, 10 years, in accordance with § 147 Para. 1 AO). In the case of data disclosed to us by the client within the scope of an order, we delete the data in accordance with the specifications of the order, in principle after the end of the order.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of providing our contractual services. The processing bases are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. Customers, interested parties, 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 organization, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information specified in these processing activities.
In doing so, we disclose or transmit data to the tax authorities, advisors, such as tax consultants or auditors, as well as other fee offices and payment service providers.
Furthermore, we store information on suppliers, organisers and other business partners on the basis of our business interests, e.g. for the purpose of contacting them at a later date. This data, most of which is company-related, is generally stored permanently.
Comments and contributions
When 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 (1) lit. f. DSGVO are stored for 7 days. This is done for our security in case someone leaves unlawful content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.
Furthermore, we reserve the right, on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. DSGVO, to process the information of the users for the purpose of spam detection.
On the same legal basis, we reserve the right, in the case of surveys, to store the IP addresses of users for their duration and to use cookies in order to avoid multiple votes.
The personal information provided in the context of comments and contributions, any contact and website information as well as the content-related information will be permanently stored by us until the user objects.
Contact
When contacting us (e.g. by contact form, e-mail, telephone or via social media), the user's data will be used to process the contact request and its settlement pursuant to Art. 6 para. 1 lit. b. (in the context of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other requests) DSGVO processed... The user's details may be stored in a customer relationship management system ("CRM system") or comparable inquiry organization.
We delete the requests if they are no longer necessary. We review the necessity every two years; Furthermore, the legal archiving obligations apply.
Hosting and e-mail dispatch
The hosting services used by us serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services, which we use for the purpose of operating this online offer.
We, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer pursuant to Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO. Art. 28 DSGVO (conclusion of order processing contract).
Collection of access data and log files
We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. to clarify acts of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is excluded from deletion until the final clarification of the respective incident.
Content delivery network from Cloudflare
We use a so-called "Content Delivery Network" (CDN), offered by Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA. Cloudflare is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law.
(https://www.privacyshield.gov/participant?id=a2zt0000000GnZKAA0&status=Active)
A CDN is a service with the help of which the contents of our online offer, in particular large media files, such as graphics or scripts, are delivered more quickly with the help of regionally distributed servers connected via the Internet. The processing of user data takes place solely for the aforementioned purposes and to maintain the security and functionality of the CDN.
The use is based on our legitimate interests, i.e. interest in a safe and efficient provision, analysis and optimization of our online offer according to Art. 6 para. 1 lit. f. DSGVO.
For more information, please see Cloudflare's privacy policy:
https://www.cloudflare.com/security-policy.
Google Analytics
We use Google Analytics, a web analytics service provided by Google LLC ("Google"), on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offering within the meaning of Art. 6 para. 1 lit. f. DSGVO) Google Analytics, a web analytics service provided by Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the users is usually transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance 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 related to the use of this online offer and the internet. In doing so, pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is shortened 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 shortened there.
The IP address transmitted by the user's browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
For further information on the use of data by Google, setting and objection options, please refer to the Google privacy policy (https://policies.google.com/technologies/ads) as well as in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
The personal data of the users will be deleted or anonymized after 14 months.
Integration of services and contents of third parties
Within our online offer, we use content or service offers of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) content or service offers from third party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
This always requires that the third-party providers of this content perceive the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is thus required for the display of this content. We endeavor to use only such content whose respective providers use the IP address only for the delivery of the content. Third-party providers may 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 may also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be combined with such information from other sources.
Youtube
We integrate the videos of the platform "YouTube" of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Privacy Policy: https://www.google.com/policies/privacy/
Opt-Out: https://adssettings.google.com/authenticated.
Google Fonts
We integrate the fonts ("Google Fonts") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Privacy Policy: https://www.google.com/policies/privacy/
Opt-Out: https://adssettings.google.com/authenticated.
Google ReCaptcha
We integrate the function for the recognition of bots, e.g. for entries in online forms ("ReCaptcha") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
Privacy Policy:
https://www.google.com/policies/privacy/,
Opt-Out: https://adssettings.google.com/authenticated.
OpenStreetMap
We incorporate the maps of the service "OpenStreetMap" (https://www.openstreetmap.de) offered under the Open Data Commons Open Database License (ODbL) by the OpenStreetMap Foundation (OSMF). Privacy Policy: https://wiki.openstreetmap.org/wiki/Privacy_Policy.
To our knowledge, the data of the users is used by OpenStreetMap exclusively for the purpose of displaying the map functions and temporarily storing the selected settings. This data may include, in particular, IP addresses and location data of the users, which, however, are not collected without their consent (usually executed in the context of the settings of their mobile devices).
The data may be processed in the USA. For more information, please see the OpenStreetMap privacy policy: https://wiki.openstreetmap.org/wiki/Privacy_Policy.
