Markus Vortkamp / Bildretusche24 GmbH
D – 48683 Ahaus
Managing Director: Markus Vortkamp
Link to the legal notice: https://br24.com/en/contact/legal-notice/
Contact Data Protection Officer: Datenschutz(at)br24(dot)com
Types of processed data:
– Inventory data (e.g. names, addresses)
– Contact information (e.g. e-mail, phone numbers)
– Content data (e.g. text input, photographs, videos)
– Usage data (e.g. visited websites, interest in content, access times)
– Meta and communication data (e.g. device information, IP addresses)
Purpose of processing:
– Provision of the online offer, its functions and contents
– Answering contact requests and communicating with users
– Security measures
– Range measurement / Marketing
“Personal information” means any information relating to an identified or identifiable natural person (hereinafter the “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 specific factors, that express the physical , physiological, genetic mental, economic, cultural or social identity of this natural person.
“Processing” means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term is far-reaching and includes virtually every handling of data.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data which consists in using that personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, to analyze or predict personal preferences, interests, reliability, behavior, location or change of location of that natural person.
“Controller” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing personal data.
“Processor” is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant statutory foundations
We take appropriate technical measures in accordance with Art. 32 DSGVO, taking into account the state of the art technology, the implementation costs and the manner, extend, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk. 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 established procedures to ensure the perception of data subject rights, data deletion and responding to data hazards. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection by technology design and by privacy-friendly default settings taken into account (Art. 25 DSGVO).
Collaboration with processors and third parties
If, in the course of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant them access to the data, this is done only on the basis of a legal permit (e.g. if a transmission of the data to third parties, such as payment service providers, acc. Art. 6 para. 1 lit. b DSGVO is required to fulfill the contract), you have agreed, legal obligation are provided or based on our legitimate interests (eg the use of agents, web hosts, etc.). If we commission third parties to process data on the basis of a so-called “contract processing contract”, this is done on the basis of Art. 28 DSGVO.
Transfer to third countries
If we process data in a third country (that is outside the European Union (EU) or the European Economic Area (EEA)) or this happens in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre)contractual obligations, based on your consent, on a legal obligation or on our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. That is, the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection in the EU (e.g. for the US through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Right of data subjects
You have the right to ask for confirmation as to whether or not the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 DSGVO.
In accordance with Art. 16 DSGVO you have the right to demand 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 relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 DSGVO.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 DSGVO and request their transmission to other persons responsible.
According to Art. 77 DSGVO, you also have the right to lodge a complaint with the competent supervisory authority.
Right of revocation
You have the right to revoke granted consent in accordance with Art. 7 (3) DSGVO with future effect
Right of objection
You can object to the future processing of your data in accordance with Art. 21 DSGVO at any time. The objection may in particular be made against processing for direct marketing purposes.
Cookies and right to object in direct mail
“Cookies” are small files that are stored on users’ computers. Within the cookies different information can be stored. 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 to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online service 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 “resistant” cookies remain stored even after the browser has been closed. Thus, for example, the login status can be saved when users return to the online offer after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A “third-party cookie” refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called “first-party cookies”).
If users do not want cookies to be stored on their computer, they are asked to disable the option in the system settings of their browser. Saved 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 contradiction to the use of the cookies used for the purposes of online marketing can be explained in a variety of services on 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 switching them off in the settings of the browser. Please note that not all functions of this online offer may be available in this case.
Deletion of data
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting records, trading books, tax-relevant documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).
According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 BAO (accounting records, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
The hosting services we use are for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security as well as technical maintenance services that we use to operate this online service.
Hereby 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 based on our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract 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 include: name of the retrieved web page, file, date and time of retrieval, transmitted data volume, notification of successful retrieval, browser type and version, the operating system of the user, referrer URL (previously visited page), IP address and the requesting provider.
Logfile information is stored for security purposes (e.g. to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
We process the data of our customers as part 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.
Hereby we process inventory data (e.g. customer master data, such as names or addresses), contact data (e.g. e-mail, phone numbers), content data (e.g. text inputs, photographs, videos), contract data (e.g. contractual object, term), payment data (e.g. bank details, payment history), usage and metadata (e.g. as part of the evaluation and performance measurement of marketing activities). In principle, we do not process special categories of personal data, unless these are components of a commissioned processing.
Those affected include our customers, prospects 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 DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data that are necessary for the establishment and performance of the contractual services and indicate the necessity of these information. Disclosure to external parties will only be made if required by an order. When processing the data provided to us in the context of an order, we act in accordance with the instructions of the client and the legal requirements of order processing according to Art. 28 DSGVO and process the data for no other purpose than the mandated purposes.
We delete the data after expiry of legal warranty and comparable obligations. The necessity of keeping the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (6 years, in accordance with § 257 (1) HGB, 10 J, in accordance with § 147 (1) AO). In the case of data disclosed to us in the context of an order by the client, we delete the data as required by 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 and 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 course of provision our contractual services. The processing basics are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. The processing affects customers, prospects, business partners and website visitors. The purpose and our interest in processing lies in administration, financial accounting, office organization, data archiving. So tasks used to maintain our business activities, perform of our duties and perform of our services. The deletion of the data in terms of contractual services and contractual communication corresponds to the information provided in these processing activities.
We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, operators and other business partners, for example, for later contact.
We process the applicant data only for the purpose and in the context of the application process in accordance with the legal requirements. The processing of the applicant data takes place in order to fulfill our (pre-)contractual obligations in the context of the application process within the meaning of Art. 6 para. 1 lit. b. DSGVO Art. 6 para. 1 lit. f. DSGVO if the data processing, for example, is required for us in the context of legal proceedings (in Germany, § 26 BDSG applies additionally).
The application process requires that applicants provide us with the applicant data. The necessary applicant data are, as far as we offer an online form marked, otherwise result from the job descriptions and basically include the information on the person, postal and contact addresses and the application documents, such as cover letter, CV and the certificates. In addition, applicants may voluntarily provide us with additional information.
Insofar as special categories of personal data are voluntarily provided in the context of the application procedure within the meaning of Art. 9 (1) DSGVO, their processing is additionally carried out in accordance with Art. 9 (2) lit. b DSGVO (e.g. health information such as disability or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 (1) DSGVO are requested from applicants in the context of the application procedure, their processing is additionally carried out in accordance with Art. 9 para. 2 lit. a DSGVO (for example health data, if necessary for the profession).
If provided, applicants can submit their applications to us via an online form on our website. The data will be encrypted and transmitted to us according to the state of the art technology.
Furthermore, applicants can send us their applications via email. However, please note that emails are generally not sent in encrypted form and that applicants themselves must provide the encryption. We can therefore take no responsibility for the transmission of the application between the sender and the reception on our server and therefore recommend rather to use an online form or the postal delivery. Instead of applying via the online form and email, applicants still have the possibility to send us the application by post.
The data provided by the applicants may be further processed by us in the event of a successful application for employment purposes. Otherwise, if the application for a job offer is not successful, the data of the applicants is deleted. The data of the applicants is also deleted if an application is withdrawn, which the applicants are entitled to at any time.
The deletion takes place after the expiration of a period of six months, subject to a legitimate revocation of the candidates, so that we can answer any follow-up questions about the application and meet our obligations under the Equal Treatment Act. Invoices for any travel expenses are archived in accordance with the tax law requirements.
Users can optionally create a user account. During the registration process the required mandatory information will be provided to the users. The data entered during registration will be used for the purpose of using the offer. Users may be informed by email about offer or registration-related information, such as changes in the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention is for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c DSGVO necessary. We are entitled to irretrievably delete all user data stored during the term of the contract.
In the context of the use of our registration and login functions as well as the use of user accounts, the IP address and the time of the respective user action is saved. The storage is done on the basis of our legitimate interests, as well as the user’s, as protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with Art. 6 para. 1 lit. c DSGVO. The IP addresses are anonymized or deleted after 7 days at the latest.
When contacting us (for example via contact form, e-mail, telephone or social media), the information provided by the user is processed to handling and processing the contact request in accordance with Art. 6 (1) lit. b) DSGVO. User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.
We delete the requests, if they are no longer required. We review the necessity every two years. Furthermore, the legal archiving obligations apply.
With the following information we inform you about the content of our newsletter as well as the registration, shipping and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, emails and other electronic notifications with advertising information (hereinafter referred to as “newsletter”) only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are decisive for the consent of the users. Incidentally, our newsletter contains 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. This means that after registration you will receive an email in which you will be asked to confirm your registration. This confirmation is necessary so that no one can register with external email addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored by the shipping service provider will be logged.
Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address.
Germany: The dispatch of the newsletter and the associated performance measurement is based on the consent of the recipient in accordance with Art. 6 para. 1 lit. a, Art. 7 DSGVO in connection with § 7 Abs. 2 Nr. 3 UWG or on the basis of the legal permission according to Art. § 7 Abs. 3 UWG.
The logging of the registration process is based on our legitimate interests in accordance with Art. 6 para. 1 lit. f DSGVO. Our interest is directed to the use of a user-friendly and secure newsletter system, that serves both our business interests and the expectations of the users and also allows us to proof of consent.
Termination / Revocation: You can terminate the receipt of our newsletter at any time, that is, revoke your consent. A link to unsubscribe from the newsletter can be found at the end of every newsletter. We can save the removed email addresses up to three years on the basis of our legitimate interests before we delete them, to prove prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
Newsletter – Shipping service provider
The shipping service provider may use the data of the recipients in a pseudonymous form, that is without assignment to a user, to optimize or improve their own services, for example, to optimize the technical shipping and the presentation of the newsletter or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to address them themselves or to pass the data on to third parties.
Newsletter – Performance measurement
The newsletters contain a so-called “web-beacon”, a pixel-sized file that is retrieved when the newsletter is opened from our server or, if we use a shipping service provider, from their server. As part of this retrieval, initially technical information are collected, such as information about the browser and your system, as well as you IP address and the time of retrieval.
This information is used to improve the technical performance of services based on their technical specifications or target groups and their reading habits, based on their locations (which can be determined using the IP address) or access times. Statistical surveys also include determining if the newsletters are opened, when they are opened, and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our goal nor, if used, that of the shipping service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users. The evaluations serve us rather to identify the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
Jetpack (WordPress Stats)
Based on our legitimate interests (that is, interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO) we use the plugin Jetpack (here the subfunction “WordPress Stats”), which integrates a tool for statistical evaluation of visitor access. The plugin is distributed by Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA. Jetpack uses so-called “cookies”, text files that are stored on your computer and that allow an analysis of the use of the website by you.
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (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 further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We use Google Analytics only with activated IP anonymization. This means that the IP address of the users will be 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 submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly. Users can furthermore prevent the collection of data generated by the cookie and related to their use of the online offer by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en
Online presence in social media
We maintain online presence within social networks and platforms in order to communicate there with the active customers, prospects and users and to inform them about our services. When calling the respective networks and platforms, the terms and conditions and the data processing guidelines apply to their respective operators. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Integration of services and content of third parties
Based on our legitimate interests (that is, interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), we make use of content or service offers from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter referred to as “content”).
This always presupposes that the third party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We strive to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, among other, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer as well as linked to such information from other sources.
LinkedIn is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active).
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
Translated into English by Bildretusche24 GmbH