Person in charge
Stefan Fischer | Sowiesodesign Fürth
Ludwigstrasse 30 Fürth Südstadt
Germany
Phone: 0151.40416465
Mail: info@sowiesodesign.com
This data protection declaration explains the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) in the context of the provision of our services as well as within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile (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 (“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 on personal data or on sets of personal data, whether or not by automated means. The term goes far and includes 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 to ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting in the use of 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 movements.
“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 details (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (hereinafter we refer to the persons concerned collectively as “users”).
Purpose of processing
– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing
Relevant legal bases
In accordance with Article 13 GDPR, we inform you of the legal basis of our data processing. For users from the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEC, the following applies, unless the legal basis is mentioned in the data protection declaration:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR;
The legal basis for 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 GDPR;
The legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
The legal basis for the processing required for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Art. 6 para. 1 lit. e GDPR.
The legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR.
The processing of data for purposes other than those for which they were created is governed by the provisions of Art. 6 para. 4 GDPR.
The processing of special categories of data (in accordance with Art. 9 para. 1 GDPR) is governed by the provisions of Art. 9 para. 2 GDPR.
Security measures
In accordance with the legal requirements, 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 different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability and separation. Furthermore, we have established procedures to ensure the exercise of data subject rights, deletion of data and reaction to data compromises. Furthermore, we take into account the protection of personal data already in the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings.
Cooperation with processors, joint controllers and third parties
If, in the context of our processing, we disclose data to other persons and companies (processors, joint controllers or third parties), transmit them 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 payment service providers, is necessary for the fulfilment 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, transmit or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and beyond that on a basis in accordance 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 this is done in the context of the use of third-party services or disclosure, or transmission of data to other persons or companies, this will only be done if it is necessary to fulfil our (pre)contractual obligations, on the basis of your consent, is based on a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or leave the data in a third country only if the legal requirements are met. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognized level of data protection corresponding 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 request confirmation as to whether the data concerned is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with legal requirements.
They have accordingly. the legal requirements, the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with the legal requirements, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand a restriction of the processing of the data in accordance with the legal requirements.
You have the right to request that the data concerning you, which you have provided to us, be received in accordance with the legal requirements and to request its transmission to other controllers.
You also have the right, in accordance with the legal requirements, to lodge a complaint with the competent supervisory authority.
Withdrawal
You have the right to revoke your consent with effect for the future.
Right to object
You can object to the future processing of your data at any time in accordance with the legal requirements. The objection may be made in particular against processing for direct marketing purposes.
Cookies and right to object to direct marketing
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or .dem device on which the cookie is stored) during or after his visit to 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 content of a shopping cart in an online shop or a login status can be stored. “Permanent” or “persistent” cookies are cookies that remain stored even after closing the browser. For example, the login status can be saved if users visit it after several days. Likewise, such a cookie may store the interests of users, which are used for range measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, one speaks of “first-party cookies”).
We may use temporary and permanent cookies and clarify 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 may lead to functional restrictions of this online offer.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ . Furthermore, the storage of cookies can be achieved by deactivating them in the settings of the browser. Please note that not all functions of this online offer may 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 they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage obligations.
If the data are not deleted because they are necessary for other and legally permissible purposes, their processing will be restricted. This means that 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 reasons.
Changes and updates to the Privacy Policy
We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as the changes to the data processing we carry out 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-related 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 input, photographs, videos), contract data (e.g., subject matter of the 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). In principle, we do not process special categories of personal data, unless these are components of commissioned processing. Data subjects include our customers, interested parties and 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 of the processing results from Art. 6 para. 1 lit. b GDPR (contractual services), Art. 6 para. 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that is necessary for the justification and fulfilment of the contractual services and point out the necessity of their disclosure. A disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client as well as the legal requirements of order processing acc. Art. 28 GDPR and do not process the data for purposes other than those in accordance with the order.
We delete the data after expiry of statutory warranty and comparable obligations. the necessity of retaining the data shall be reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (6 years, according to § 257 para. 1 HGB, 10 J, according to § 147 para. 1 AO). In the case of data disclosed to us by the client as part 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 organization 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 context of the provision of our contractual services. The processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. 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, ie 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.
We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors as well as other fee offices and payment service providers.
Furthermore, on the basis of our business interests, we store information on suppliers, organizers and other business partners, e.g. for the purpose of contacting us later. In principle, we store this mostly company-related data permanently.
Comments and contributions
If users leave comments or other contributions, their IP addresses may be processed on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO for 7 days. This is done for our safety if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). In this case, we ourselves can 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 acc. Art. 6 para. 1 lit. f. GDPR, to process the information provided by users for the purpose of spam detection.
On the same legal basis, we reserve the right to store users’ IP addresses for the duration of surveys and to use cookies to avoid multiple votes.
The personal information provided in the context of the comments and contributions, any contact and website information as well as the content information, will be permanently stored by us until the user objects.
Contact
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details will be processed to process the contact request and its processing in accordance with Art. 6 para. 1 lit. b. (in the context of contractual/pre-contractual relationships), Art. 6 para. 1 lit. f. (other inquiries) GDPR. User information 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 statutory 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.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta 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 acc. Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).
Collection of access data and log files
We, or our hosting provider, collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved website, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, 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 investigate misuse or fraud) for a maximum of 7 days and then deleted. Data whose further retention is required for evidence purposes are exempt from deletion until the respective incident has been finally clarified.
Cloudflare Content Delivery Network
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 thus offers a guarantee to comply with European data protection law.
(https://www.privacyshield.gov/participant?id=a2zt0000000GnZKAA0&status=Active)
A CDN is a service with the help of which contents of our online offer, in particular large media files, such as graphics or scripts, are delivered faster with the help of regionally distributed servers connected via the Internet. The processing of the data of the users takes place solely for the aforementioned purposes and the maintenance of the security and functionality of the CDN.
The use takes place on the basis of our legitimate interests, i.e. interest in a secure and efficient provision, analysis and optimization of our online offer acc. Art. 6 para. 1 lit. f. GDPR.
For more information, see Cloudflare’s Privacy Policy:
https://www.cloudflare.com/security-policy.
Google Analytics
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. GDPR), we use Google Analytics, a web analysis service of 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 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 users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the Internet. Pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users 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 Google data. Users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing 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.
Further information on Google’s use of data, settings and objection options can be found in Google’s privacy policy (https://policies.google.com/technologies/ads) and 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 third-party services and content
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. GDPR), we use content or service offers from third-party providers within our online offer 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 users, as they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the display of this content. We endeavor to use only content whose respective providers only use the IP address to deliver the content. Third parties 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, visit time and other information on 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 detection of bots, e.g. when entering 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 integrate the maps of the service “OpenStreetMap” (https://www.openstreetmap.de), which are offered on the basis of 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 are used by OpenStreetMap exclusively for the purpose of displaying the map functions and caching the selected settings. This data may include, in particular, IP addresses and location data of users, which, however, are not collected without their consent (usually as part of the settings of their mobile devices).
The data may be processed in the USA. Further information can be found in the privacy policy of OpenStreetMap: https://wiki.openstreetmap.org/wiki/Privacy_Policy.
