Data protection declaration

Data Proctection 

Preamble 

With the following data protection declaration, we would like to inform you about which types of your personal data (hereinafter also referred to as “data”) we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”). The terms used are not gender-specific. 

As of: August 26, 2024

Person responsible

Kati Weiß
Krüner Str. 57
81373 München

E-mail address: info@kati-weiss.com

Overview of processing

The following overview summarises the types of data processed and the purposes of their processing and refers to the persons concerned.

Types of data processed Inventory data

• Contact data.
• Content data.
• Usage data.
• Meta, communication and procedural data.
• Log data.

Categories of persons concerned

• Communication partners.
• Users.

Purposes of processing

• Provision of contractual services and fulfillment of contractual obligations.
• Communication.
• Security measures.
• Direct marketing.
• Organizational and administrative procedures.
• Feedback.
• Provision of our online offer and user-friendliness.
• Information technology infrastructure.

Relevant legal bases

Relevant legal bases under the GDPR: Below you will find an overview of the legal bases of the GDPR on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases are also relevant in individual cases, we will inform you of these in the data protection declaration.

• Consent (Art. 6 Para. 1 Clause 1 Letter a) GDPR) – The data subject has given their consent to the processing of personal data concerning them for a specific purpose or several specific purposes.
• Contract performance and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 Letter b) GDPR) – The processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures that are carried out at the request of the data subject.
• Legitimate interests (Article 6, paragraph 1, sentence 1, letter f) GDPR) – the processing is necessary to protect the legitimate interests of the controller or a third party, provided that the interests, fundamental rights and freedoms of the data subject, which require the protection of personal data, do not prevail.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. This includes in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act – BDSG). The BDSG contains in particular special regulations on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases, including profiling. In addition, state data protection laws of the individual federal states may apply.

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 probabilities of occurrence and the extent of the threat 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 and electronic access to the data as well as the access, input, transfer, securing availability and separation of data. Furthermore, we have set up procedures that ensure the exercise of data subjects’ rights, the deletion of data and reactions to threats to data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

Securing online connections through TLS/SSL encryption technology (HTTPS): To protect user data transmitted through our online services from unauthorized access, we use TLS/SSL encryption technology. Secure Sockets Layer (SSL) and Transport Layer Security (TLS) are the cornerstones of secure data transmission on the Internet. These technologies encrypt the information transmitted between the website or app and the user’s browser (or between two servers), protecting the data from unauthorized access. TLS, as the advanced and more secure version of SSL, ensures that all data transmissions meet the highest security standards. If a website is secured by an SSL/TLS certificate, this is signaled by the display of HTTPS in the URL. This serves as an indicator for users that their data is being transmitted securely and encrypted.

Transmission of personal data

As part of our processing of personal data, it may happen that these are transmitted to or disclosed to other bodies, companies, legally independent organizational units or persons. The recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.

International data transfers

Data processing in third countries: If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place as part of the use of third-party services or the disclosure or transmission of data to other persons, bodies or companies, this only takes place in accordance with the legal requirements. If the level of data protection in the third country has been recognized by means of an adequacy decision (Art. 45 GDPR), this serves as the basis for the data transfer. Furthermore, data transfers only take place if the level of data protection is otherwise ensured, in particular through standard contractual clauses (Art. 46 Para. 2 lit. c) GDPR), explicit consent or in the case of contractual or legally required transmission (Art. 49 Para. 1 GDPR). In addition, we will inform you of the basis for third country transfers by the individual providers from the third country, with the adequacy decisions taking priority as the basis. Information on third country transfers and existing adequacy decisions can be found in the information provided by the EU Commission:

https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en?prefLang=de.

EU-US Trans-Atlantic Data Privacy Framework: As part of the so-called “Data Privacy Framework” (DPF), the EU Commission has also recognized the level of data protection as secure for certain companies from the USA as part of the adequacy decision of July 10, 2023. The list of certified companies as well as further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/ (in English). As part of the data protection information, we inform you which service providers we use are certified under the Data Privacy Framework.

General information on data storage and deletion

We delete personal data that we process in accordance with the statutory provisions as soon as the underlying consent is revoked or there are no further legal bases for the processing. This applies to cases in which the original purpose of processing no longer applies or the data is no longer required. Exceptions to this rule exist if legal obligations or special interests require the data to be stored or archived for a longer period.

In particular, data that must be stored for commercial or tax law reasons or whose storage is necessary for legal proceedings or to protect the rights of other natural or legal persons must be archived accordingly.

Our data protection information contains additional information on the storage and deletion of data that applies specifically to certain processing processes.

If there are several details on the storage period or deletion periods for a date, the longest period always applies.

If a period does not expressly begin on a specific date and is at least one year, it automatically begins at the end of the calendar year in which the event triggering the period occurred. In the case of ongoing contractual relationships in the context of which data is stored, the event triggering the period is the time at which the termination or other termination of the legal relationship takes effect.

We process data that is no longer stored for the originally intended purpose but due to legal requirements or other reasons only for the reasons that justify its storage.

Further information on processing procedures, methods and services:

Storage and deletion of data: The following general periods apply to storage and archiving under German law:

• 10 years – retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets as well as the work instructions and other organizational documents required to understand them, accounting documents and invoices (Section 147 Paragraph 3 in conjunction with Paragraph 1 Nos. 1, 4 and 4a AO, Section 14b Paragraph 1 UStG, Section 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 HGB).
• 6 years – Other business documents: received commercial or business letters, reproductions of sent commercial or business letters, other documents insofar as they are relevant for taxation, e.g. B. Hourly wage slips, operating accounting sheets, calculation documents, price labels, but also payroll documents, insofar as they are not already booking documents and cash register slips (Section 147 Paragraph 3 in conjunction with Paragraph 1 Nos. 2, 3, 5 AO, Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB).
• 3 years – Data that is required to consider potential warranty and compensation claims or similar contractual claims and rights and to process related inquiries based on previous business experience and standard industry practices are stored for the duration of the regular statutory limitation period of three years (Sections 195, 199 BGB).

Rights of the data subjects

Rights of the data subjects under the GDPR: As a data subject, you have various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

• Right of objection: You have the right to object at any time to the processing of personal data concerning you based on Art. 6 (1) (e) or (f) GDPR for reasons arising from your particular situation; this also applies to profiling based on these provisions. If the personal data concerning you are processed in order to conduct direct advertising, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is related to such direct advertising.
• Right of withdrawal in the case of consent: You have the right to withdraw consent given at any time.
• Right to information: You have the right to request confirmation as to whether the data in question is being processed and to information about this data as well as further information and a copy of the data in accordance with the statutory requirements.
• Right to rectification: In accordance with the statutory provisions, you have the right to request that the data concerning you be completed or that inaccurate data concerning you be rectified.
• Right to erasure and restriction of processing: In accordance with the statutory provisions, you have the right to request that data concerning you be erased immediately or, alternatively, to request that the processing of the data be restricted in accordance with the statutory provisions.
• Right to data portability: You have the right to receive data concerning you that you have made available to us in a structured, common and machine-readable format or to request that it be transmitted to another responsible party in accordance with the statutory provisions.
• Complaint to a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you believe that the processing of personal data concerning you violates the provisions of the GDPR.

Provision of the online offer and web hosting

We process the user’s data in order to be able to make our online services available to them. For this purpose, we process the user’s IP address, which is necessary to transmit the content and functions of our online services to the user’s browser or device.

• Types of data processed: Usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions); meta, communication and process data (e.g. IP addresses, time information, identification numbers, people involved). Protocol data (e.g. log files relating to logins or the retrieval of data or access times).
• Affected persons: Users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our online offer and user-friendliness; IT infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.).). Security measures.
  Storage and deletion: Deletion in accordance with the information in the section “General information on data storage and deletion”.
• Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 lit. f) GDPR)

Further information on processing processes, procedures and services:

• Provision of online offering on rented storage space: To provide our online offering, we use storage space, computing capacity and software that we rent from a corresponding server provider (also known as a “web host”) or obtain from another source; Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 lit. f) GDPR).
• Collection of access data and log files: Access to our online offering is logged in the form of so-called “server log files”. The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files can be used for security purposes, e.g. to avoid overloading the servers (particularly in the case of abusive attacks, so-called DDoS attacks), and to ensure the utilization of the servers and their stability; legal basis: legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR). Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymized. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.

Use of cookies

Cookies are small text files or other storage notes that store information on end devices and read it from them. For example, to store the log-in status in a user account, the contents of a shopping cart in an e-shop, the content accessed or the functions used in an online service. Cookies can also be used for various purposes, such as for the purposes of the functionality, security and convenience of online services and to create analyses of visitor flows.

Notes on consent: We use cookies in accordance with legal regulations. We therefore obtain prior consent from users unless it is not required by law. Permission is not necessary in particular if the storage and reading of information, including cookies, is absolutely necessary in order to provide users with a telemedia service that they have expressly requested (i.e. our online service). The revocable consent is clearly communicated to them and contains information on the respective cookie usage.

Notes on data protection legal bases: The data protection basis on which we process users’ personal data using cookies depends on whether we ask them for consent. If users accept, the legal basis for the use of their data is their declared consent. Otherwise, the data used using cookies is processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offering and the improvement of its usability) or, if this is done as part of the fulfillment of our contractual obligations, if the use of cookies is necessary to meet our contractual obligations. We will clarify the purposes for which we use cookies in the course of this data protection declaration or in the context of our consent and processing processes.

Storage period: With regard to the storage period, a distinction is made between the following types of cookies:

• Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online service and closed their device (e.g. browser or mobile application).
• Permanent cookies: Permanent cookies remain stored even after the device is closed. For example, the log-in status can be saved and preferred content can be displayed directly when the user visits a website again. The user data collected using cookies can also be used to measure reach. If we do not provide users with explicit information about the type and storage period of cookies (e.g. when obtaining consent), they should assume that these are permanent and that the storage period can be up to two years.

General information on revocation and objection (opt-out): Users can revoke the consent they have given at any time and also object to processing in accordance with the legal requirements, including by means of the privacy settings of their browser.

• Types of data processed: Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, people involved).
• Affected persons: Users (e.g. website visitors, users of online services).
• Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR). Consent (Art. 6 Para. 1 Clause 1 Letter a) GDPR).

Further information on processing processes, procedures and services:

• Processing of cookie data based on consent: We use a consent management solution in which the user’s consent is obtained for the use of cookies or for the procedures and providers named in the consent management solution. This procedure is used to obtain, log, manage and revoke consent, in particular with regard to the use of cookies and similar technologies that are used to store, read and process information on users’ end devices. As part of this procedure, users’ consent is obtained for the use of cookies and the associated processing of information, including the specific processing operations and providers named in the consent management procedure. Users also have the option of managing and revoking their consent. The declarations of consent are saved in order to avoid further queries and to be able to provide proof of consent in accordance with legal requirements. The data is stored on the server and/or in a cookie (so-called opt-in cookie) or using comparable technologies in order to be able to assign the consent to a specific user or their device. Unless specific information is available about the providers of consent management services, the following general information applies: The consent is stored for a period of up to two years. A pseudonymous user identifier is created, which is saved together with the time of consent, information on the scope of the consent (e.g. relevant categories of cookies and/or service providers) and information about the browser, system and device used; Legal basis: Consent (Art. 6 Para. 1 Clause 1 lit. a) GDPR).

Contact and inquiry management

When you contact us (e.g. by post, contact form, email, telephone or via social media) and within the framework of existing user and business relationships, the details of the inquiring persons are processed insofar as this is necessary to answer the contact inquiries and any requested measures.

• Types of data processed: Inventory data (e.g. full name, home address, contact information, customer number, etc.); contact data (e.g. postal and email addresses or telephone numbers); content data (e.g. textual or visual messages and contributions as well as the information relating to them, such as information on authorship or time of creation); usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions). Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, people involved).
• Affected persons: communication partners.
• Purposes of processing: communication; organizational and administrative procedures; feedback (e.g. collecting feedback via online form). Provision of our online offer and user-friendliness.
• Storage and deletion: deletion in accordance with the information in the “General information” section on data storage and deletion”.
  Legal basis: legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR). Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b) GDPR).

  Further information on processing processes, procedures and services:

  • Contact form: When you contact us via our contact form, by email or other communication channels, we process the personal data sent to us to answer and process the respective request. This usually includes information such as name, contact information and, if applicable, other information that is communicated to us and is necessary for appropriate processing. We use this data exclusively for the stated purpose of contact and communication; legal basis: contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b) GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).

  Newsletter and electronic notifications

  We send newsletters, emails and other electronic notifications (hereinafter “Newsletter”) exclusively with the consent of the recipient or on the basis of a legal basis. If the contents of the newsletter are mentioned when registering for the newsletter, these contents are decisive for the consent of the user. To register for our newsletter, it is usually sufficient to provide your email address. However, in order to be able to offer you a personalized service, we may ask you to provide your name so that you can be addressed personally in the newsletter or for further information if this is necessary for the purpose of the newsletter.

  Deletion and restriction of processing: We can store the unsubscribed email addresses for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove that consent was previously given. The processing of this data is limited to the purpose of a potential defense against claims. An individual request for deletion is possible at any time, provided that the previous existence of consent is confirmed at the same time. In the case of obligations to permanently observe objections, we reserve the right to store the email address in a block list (so-called “block list”) for this purpose alone.

  The registration process is logged on the basis of our legitimate interests for the purpose of proving that it was carried out properly. If we commission a service provider to send emails, this is done on the basis of our legitimate interests in an efficient and secure shipping system.

  Content:

  Information about us, our services, campaigns and offers.

  • Types of data processed: inventory data (e.g. full name, home address, contact information, customer number, etc.); contact data (e.g. postal and email addresses or telephone numbers). Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, people involved).
  • Persons affected: communication partners. Users (e.g. website visitors, users of online services).
  • Purposes of processing: Direct marketing (e.g. by email or post). Provision of contractual services and fulfillment of contractual obligations.
  • Retention and deletion: 3 years – Contractual claims (AT) (Data required to consider potential warranty and compensation claims or similar contractual claims and rights, as well as to process related inquiries, based on previous business experience and standard industry practices, are stored for the duration of the regular statutory limitation period of three years (§§ 1478, 1480 ABGB).). 10 years – Contractual claims (CH) (Data required to consider potential compensation claims or similar contractual claims and rights, as well as to process related inquiries, based on previous business experience and standard industry practices, are stored for the period of the statutory limitation period of ten years, unless a shorter period of 5 years is applicable, which is relevant in certain cases (Art. 127, 130 OR)).
  • Legal basis: Consent (Art. 6 Para. 1 Clause 1 lit. a) GDPR).
    Opt-out option: You can cancel the receipt of our newsletter at any time, i.e. revoke your consent or object to further receipt. You will find a link to cancel the newsletter either at the end of each newsletter or you can use one of the contact options listed above, preferably email.

    Further information on processing procedures, methods and services:

    • Prerequisite for using free services: Consent to the sending of mailings can be given as a prerequisite for using free services (e.g. access to certain content or participation in certain promotions). If users would like to use the free service without registering for the newsletter, we ask you to contact us.

    Changes and updates

    We ask you to regularly inform yourself about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

    If we provide addresses and contact information for companies and organizations in this privacy policy, please note that the addresses may change over time and please check the information before contacting us.

    Definitions of terms

    This section provides an overview of the terms used in this privacy policy. If the terms are defined by law, their legal definitions apply. The following explanations, on the other hand, are primarily intended to help you understand.

    • Inventory data: Inventory data includes essential information that is necessary for the identification and management of contractual partners, user accounts, profiles and similar assignments. This data can include, among other things, personal and demographic information such as names, contact information (addresses, telephone numbers, email addresses), dates of birth and specific identifiers (user IDs). Inventory data forms the basis for any formal interaction between people and services, institutions or systems by enabling clear assignment and communication.
    • Content data: Content data includes information generated in the course of creating, editing and publishing content of all kinds. This category of data can include text, images, videos, audio files and other multimedia content published on various platforms and media. Content data is not only limited to the actual content, but also includes metadata that provides information about the content itself, such as tags, descriptions, author information and publication dates
    • Contact data: Contact data is essential information that enables communication with people or organizations. They include telephone numbers, postal addresses and email addresses, as well as communication tools such as social media handles and instant messaging identifiers.
    • Meta, communication and procedural data: Meta, communication and procedural data are categories that contain information about the way data is processed, transmitted and managed. Metadata, also known as data about data, includes information that describes the context, origin and structure of other data. It can include information about the file size, creation date, author of a document and change histories. Communication data records the exchange of information between users across different channels, such as email traffic, call logs, social network messages and chat histories, including the people involved, timestamps and transmission paths. Procedural data describes the processes and procedures within systems or organizations, including workflow documentation, logs of transactions and activities, and audit logs used to track and review operations.
    • Usage data: Usage data refers to information that records how users interact with digital products, services or platforms. This data includes a wide range of information that shows how users use applications, which functions they prefer, how long they stay on certain pages and which paths they use to navigate through an application. Usage data can also include frequency of use, time stamps of activities, IP addresses, device information and location data. It is particularly valuable for analyzing user behavior, optimizing user experiences, personalizing content and improving products or services. In addition, usage data plays a crucial role in identifying trends, preferences and potential problem areas within digital offerings.
    • Personal data: “Personal data” is any information that relates to an identified or identifiable natural person (hereinafter “data subject”); a natural person is considered identifiable if he or she can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to a specific identifier such as a name, a contact number or a reference to that natural person, location data, an online identifier (e.g. cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
    • Log data: Log data is information about events or activities logged in a system or network. This data typically includes information such as timestamps, IP addresses, user actions, error messages, and other details about the use or operation of a system. Log data is often used to analyze system problems, monitor security, or compile performance reports.
    • Controller: The “controller” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data.
    • Processing: “Processing” is 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 is broad and covers virtually every handling of data, be it collecting, evaluating, storing, transmitting or deleting.

    Created with Datenschutz-Generator.de by Dr. Thomas Schwenke