Privacy Statement

 

This data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within my online offer and the associated websites, functions and contents as well as external online presences, e.g. our social media profile (hereinafter jointly referred to as “online offer”). With regard to the terms used, such as “processing” or “person responsible”, I refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Person responsible

Christian Rocas
Grusonstr. 3
60314 Frankfurt am Main
Germany

E-Mail: info (*at*) christianrocas.art

Types of processed data:

• inventory data (e.g., names, addresses).
• contact details (e.g., e-mail, telephone numbers).
• content data (e.g., text input, photographs, videos).
• usage data (e.g., visited websites, 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 (in the following I will also refer to the persons concerned in summary as “users”).

Purpose of processing

• Provision of the online offer, its functions and contents.
• Replying to contact requests and communication with users.
• Security measures..
• Range measurement/marketing.

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter the “data subject”); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, 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 goes far and includes virtually every handling of data.

“Pseudonymisation” means the processing of personal data in such a way 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 separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.

“Profiling” means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal To analyze or predict preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.

“Responsible person” means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.

“Processor” means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, I inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 GDPR, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f 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 as legal basis.

Security measures

Safety measures
I take appropriate technical measures in accordance with Art. 32 GDPR, 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 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. I have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, I consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).

Collaboration with processors and third parties

If, as part of our processing, I disclose data to other persons and companies (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 permission (eg if a transmission of the data to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the contract), you have consented to a legal obligation or based on our legitimate interests (eg the use of agents, webhosters, etc.).

If I entrust third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.

Transmissions to third countries

If I process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or 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 my (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of my legitimate interests. Subject to legal or contractual permissions, I process or let the data in a third country only in the presence of the special conditions of Art. 44 et seq. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to ask for confirmation as to whether 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 GDPR.

You have accordingly. Art. 16 DSGVO the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, they have the right to demand that the relevant data be deleted immediately or, alternatively, to require a restriction of the processing of data in accordance with Art. 18 GDPR.

You have the right to request that the data relating to you provided to me be obtained in accordance with Art. 20 GDPR and to request their transmission to other persons responsible.

You have gem. Art. 77 DSGVO the right to file a complaint with the competent supervisory authority.

Withdrawal

You have the right to grant consent in accordance with. Art. 7 para. 3 DSGVO with effect for the future.

Right of objection

You can object to the future processing of your data in accordance with Art. 21 GDPR 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. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit 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, e.g. the contents of a shopping cart in an online shop or a login status are saved. The term “permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it 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”).

I can use temporary and permanent cookies and clarify this in the context of our privacy policy.

If users do not want cookies stored on their computer, they will be asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online presence.

A general contradiction to the use of cookies used for online marketing purposes can be found in a variety of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU site  http://www.youronlinechoices.com/ be explained. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that it may not be possible to use all features of this online presence.

Deletion of data

The data processed by me will be deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the stored data 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 requirements. Unless the data is deleted because it is required for other and legitimate purposes, its processing will be restricted. That The data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.

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 documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).

Getting in contact

When contacting me (for example, by contact form, e-mail, telephone or via social media) the information provided by the user for processing the contact request and its processing acc. Art. 6 para. 1 lit. b. (in the context of contractual / pre-contractual relationships), Art. 6 para. 1 lit. f. (other requests) DSGVO processed. User information can be stored in a Customer Relationship Management System (“CRM System”) or comparable request organization.

I delete the requests, if they are no longer required. I check the requirement every two years; Furthermore, the legal archiving obligations apply.

Collection of access data and log files

On the basis of my legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider ,

Logfile information is stored for security purposes (for example, to investigate abusive or fraudulent activities) for a maximum of 14 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.

Range measurement with Matomo

As part of Matomo’s range analysis, the following data is processed on the basis of my legitimate interests (ie interest in the analysis, optimization and economic operation of my online presence within the meaning of Art. 6 (1) lit. DSGVO): the browser type you are using and the browser version, the operating system you are using, your country of origin, the date and time of the server request, the number of visits, how long you have spent on the site, and the external links you have activated. The IP address of the users is anonymized before being saved.

Matomo uses cookies that are stored on users’ computers and that allow an analysis of how users use our online offerings. In this case, pseudonymous usage profiles of the users can be created from the processed data. The cookies have a retention period of one week. The information generated by the cookie about your use of this website will only be stored on our server and will not be passed on to third parties.

Users can object to the anonymized data collection by the program Matomo at any time with effect for the future by clicking on the link below. In this case, a so-called opt-out cookie is stored in your browser, with the result that Matomo no longer collects session data. If users delete their cookies, however, this means that the opt-out cookie is also deleted and must therefore be reactivated by the users.

The logs with the data of the users will be deleted after 6 months at the latest.

Online presence in social media

I maintain online presences within social networks and platforms in order to communicate with interested users and users and to inform them about my interests.

I would point out that data from users outside the European Union can be processed. This may result in risks for the users because e.g. enforcement of user rights could be made more difficult. As for US providers certified under the Privacy Shield, I note that they are committed to respecting EU privacy standards.

Furthermore, the data of the users are usually processed for market research and advertising purposes. Thus, e.g. user profiles are created from the user behavior and the resulting interests of the users. The usage profiles can in turn be used to e.g. Place advertisements inside and outside the platforms that are allegedly in line with users’ interests. For these purposes, cookies are usually stored on the computers of the users, in which the user behavior and the interests of the users are stored. Furthermore, in the usage profiles, data can also be stored independently of the devices used by the users (in particular if the users are members of the respective platforms and logged in to them).

The processing of the personal data of users is based on my legitimate interests in an effective information of users and communication with users in accordance with. Art. 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers for a consent to the data processing (that is, they declare their agreement, for example, by ticking a check box or confirming a button), the legal basis of the processing is Art. 6 para. a., Art. 7 GDPR.

For a detailed description of the respective processing and the possibilities of contradiction (opt-out), I refer to the following linked information from the provider.

Also in the case of request for information and the assertion of user rights, I point out that these can be most effectively asserted by the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, then you can contact me.

– Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland) – Privacy statement: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads und http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

– Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy statement / Opt-Out: http://instagram.com/about/legal/privacy/.

– LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Irland) – Privacy statement: https://www.linkedin.com/legal/privacy-policy , Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

Integration of services and contents of third parties

On the basis of my legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 (1) lit. DSGVO), I make use of content or services offered by third-party providers in order to provide their content and services  such as include videos or fonts (collectively 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. I strive to use only those content whose respective providers use the IP address only to deliver 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 visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of my online presence.

Created with Datenschutz-Generator.de by RA Dr. med. Thomas Schwenke.
Modified by Christian Rocas