Verantwortlicher / Kontakt / Responsible / Contact / Responsable / Contacto

Jörg Herz
Friedenstrasse 25
D 81671 München

Mobil: 0176 – 23 21 56 48
Mail: joh(at)joergherz.com
USt.Id.Nr.: DE 1880 15 184

 

ENGLISH

KUNST MIT HUND / DATA PROTECTION NOTICE

 

This data protection declaration explains to you the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our 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”, we refer to the definitions in Art. 4 of the Basic Data Protection Ordinance (DSGVO).

 

Scope of application

With this data protection declaration, users receive information about the type, scope and purpose of the collection and use of their data by the responsible provider. The Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) form the legal framework for data protection.

Types of data processed:

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 (hereinafter referred to as “users”).

Purpose of processing

Provision of the online offer, its functions and contents.
Answer contact requests and communicate with users.
Security measures.
Range measurement/marketing

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

“processing” means any operation carried out with or without the aid of automated procedures or any such series of operations in connection with personal data. The term goes a long way and covers practically every handling of data.

Responsible” means the natural or legal person, authority, institution or other body that alone or together with others decides on the purposes and means of processing personal data.

Applicable legal bases

In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consents is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing for the performance of our services and performance of contractual measures as well as for answering inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) DSGVO serves as the legal basis.

Cooperation with contract processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 lit. b DSGVO for contract fulfilment is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). If we commission 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 DSGVO.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or disclosure or transfer of data to third parties, this only takes place if it occurs for the fulfilment of our (pre)contractual obligations, on the basis of your consent, on the basis of 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 special requirements of Art. 44 ff. Process DSGVO. This means, for example, processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to request confirmation as to whether the data concerned are being processed and to request information about these data as well as further information and a copy of the data in accordance with Art. 15 DSGVO.

They have correspondingly. In accordance with Article 16 of the DSBER, you have the right to request the completion of data concerning you or the correction of inaccurate data concerning you.

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

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 DSGVO and to request its transmission to other persons responsible.

In accordance with Art. 77 DSGVO, they also have the right to file a complaint with the competent supervisory authority.

Right of revocation

You have the right to revoke consents granted pursuant to Art. 7 para. 3 DSGVO with future effect

Right of objection

You can object to the future processing of the data concerning you in accordance with Art. 21 DSGVO at any time. The objection may be lodged in particular against processing for direct marketing purposes.

Cookies and right of objection in direct advertising

Cookies” are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her 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 basket can be stored in an online shop or a login jam. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved when users visit it after several days. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie. 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 its cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and clarify this within the framework of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes may be raised 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/erklärt. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that in this case not all functions of this online offer can be used.

Deletion of data

The data processed by us will be deleted or their processing restricted in accordance with Articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

In accordance with statutory requirements in Germany, the records are kept in particular for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).

Business processing

Additionally we process
Contract data (for example, contract object, term, customer category).
Payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Hosting

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating this online offering.

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 according to Art. 6 Para. 1 lit. f DSGVO in conjunction with. Art. 28 DSGVO (conclusion of order processing contract).

Collection of access data and log files

We, or our hosting provider, collect the following data on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO data on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.

Performance of contractual services

We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 para. 1 lit b. DSGVO. The entries marked as obligatory in online forms are required for the conclusion of the contract.

When using our online services, we store the IP address and the time of the respective user action. The data is stored on the basis of our legitimate interests as well as the user’s protection against misuse and other unauthorized use. A passing on of this data to third parties does not take place in principle, unless it is necessary for the pursuit of our claims or there is a legal obligation according to Art. 6 Abs. 1 lit. c DSGVO.

We process usage data (e.g., the visited websites of our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to show the user e.g. product information based on their previously used services.

The data will be deleted after the expiry of statutory warranty and comparable obligations; the necessity of storing the data will be reviewed every three years; in the case of statutory archiving obligations, the data will be deleted after their expiry. Information in the possible customer account remain up to its deletion.

Registration function

Users can optionally create a user account. During the registration process, users will be provided with the required information. The data entered during registration will be used for the purpose of using the offer. Users can be informed by e-mail about information relevant to offers or registration, such as changes to the scope of offers or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to its storage is necessary for commercial or tax reasons according to Art. 6 Para. 1 lit. c DSGVO. It is up to the users to save their data before the end of the contract if they have given notice of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

As part of the use of our registration and login functions as well as the use of user accounts, we store the IP address and the time of the respective user action. The data is stored on the basis of our legitimate interests as well as the user’s protection against misuse and other unauthorized use. A passing on of this data to third parties does not take place in principle, unless it is necessary to pursue 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.

Contacting

When contacting us (e.g. via contact form, e-mail, telephone or social media), the user’s details are processed for processing the contact enquiry and its processing in accordance with Art. 6 para. 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 necessary. We review this requirement every two years; the statutory archiving obligations also apply.

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. DSGVO) 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 users is generally transferred 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 further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.

We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to 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 is not 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 the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

Further information on data use by Google, possible settings and objections can be found on Google’s websites: https://www.google.com/intl/de/policies/privacy/partners (“Data use by Google when using our partners’ websites or apps”), http://www.google.com/policies/technologies/ads (“Data use for advertising purposes”), http://www.google.de/settings/ads (“Manage information that Google uses to show you advertising”). Google Privacy Policy https://policies.google.com/privacy?gl=EN&hl=de Google Terms of Use https://policies.google.com/terms?gl=EN&hl=de

Online presence in social media

We maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process the data of users who communicate with us within social networks and platforms, e.g. write articles on our websites or send us messages.

Integration of third-party services and content

Within our online offer, we make no representations or warranties of any kind based on 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. DSGVO) content or service offerings of third parties to incorporate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).

This always presupposes that the third party providers of this content perceive the IP address of the users, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content. We make every effort to use only those contents whose respective providers use the IP address only for the delivery of the contents. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. 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 technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as be linked to 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 Maps

We integrate the maps of the service “Google Maps” 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 AdWords

This website uses the online advertising program “Google AdWords” and in the context of this the conversion tracking. Google Adwords sets a cookie on your computer if you have accessed our website via a Google ad. These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can see that the user has clicked on the ad and has been redirected to this page. Each Google AdWords customer receives a different cookie. Cookies can therefore not be traced through the websites of AdWords customers.

The information collected using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. Customers see the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that personally identifies users.

If you do not wish to participate in the tracking process, you can easily deactivate the Google Conversion Tracking cookie via your Internet browser under User Settings. They are then not included in the conversion tracking statistics. For more information, please see Google’s privacy policy at http://www.google.de/policies/privacy/

Google+

Our pages use functions of Google+. The provider is Google Inc, 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Collection and disclosure of information: Use the Google+ button to publish information worldwide. The Google+ button gives you and other users personalized content from Google and our partners. Google stores both the information that you have given +1 for a content and information about the page that you viewed when you clicked +1. Your +1 can appear in Google services, such as search results or your Google profile, or elsewhere on websites and ads, along with your profile name and photo. Google records information about your +1 activity to improve Google services for you and others. To use the Google+ button, you need a public Google profile that is visible worldwide and must contain at least the name chosen for the profile. This name is used in all Google services. In some cases, this name may also replace another name you used when sharing content through your Google Account. The identity of your Google profile may be displayed to users who know your email address or have other identifying information about you. Use of Information Collected: In addition to the uses described above, the information you provide will be used in accordance with the applicable Google Privacy Policy. Google may publish aggregated statistics about users’ +1 activity or share them with users and partners, such as publishers, advertisers or related websites.

Instagram

The functions and contents of the Instagram service offered by Instagram Inc. 1601 Willow Road, Menlo Park, CA, 94025, USA can be integrated into our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can express their appreciation of the content, subscribe to the authors of the content or our contributions. If the users are members of the Instagram platform, Instagram can assign the call of the above contents and functions to the profiles of the users there. Instagram Privacy Policy: http://instagram.com/about/legal/privacy/.

 

Facebook plugins (Like button)

Our pages include plugins from the social network Facebook, provider Facebook Inc, 1 Hacker Way, Menlo Park, California 94025, USA. You can recognize the Facebook plugins by the Facebook logo or the “Like” button on our page. An overview of the Facebook plugins can be found here: https://developers.facebook.com/docs/plugins/. When you visit our pages, the plugin establishes a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while logged into your Facebook account, you can link the contents of our pages on your Facebook profile. This allows Facebook to associate the visit to our pages with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or of their use by Facebook. For more information, please see Facebook’s Privacy Policy at https://de-de.facebook.com/policy.php. If you do not want Facebook to associate your visit to our pages with your Facebook account, please log out of your Facebook account.

 

Twitter

Our pages include functions of the Twitter service. These functions are provided by Twitter Inc, 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. Data is also transmitted to Twitter. We would like to point out that, as the provider of the pages, we are not aware of the content of t

Pinterest

On our site we use social plugins of the social network Pinterest, which is operated by Pinterest Inc, 808 Brannan Street San Francisco, CA 94103-490, USA (“Pinterest”). When you access a page that contains such a plugin, your browser establishes a direct connection to Pinterest’s servers. The plugin transfers protocol data to Pinterest’s server in the USA. This log information may include your IP address, the address of the sites you visit, which may also include pinterest features, the type and settings of your browser, the date and time of your request, your use of Pinterest, and cookies. For more information about Pinterest’s purpose, scope and further processing and use of the data and your rights and means of protecting your privacy, please see Pinterest’s privacy policy:https://about.pinterest.com/de/privacy-policy

 

Sound cloud

Plugins of the social network SoundCloud (SoundCloud Limited, Berners House, 47-48 Berners Street, London W1T 3NF, Great Britain.) can be integrated on our sides. You can recognize the SoundCloud plug-ins by the SoundCloud logo on the affected pages.

When you visit our pages, a direct connection is established between your browser and the SoundCloud server after activating the plugin. SoundCloud receives the information that you have visited our site with your IP address. If you click the “Like” or “Share” button while logged into your SoundCloud account, you can link and/or share the content of our pages with your SoundCloud profile. This allows SoundCloud to associate your account with your visit to our site. We would like to point out that, as the provider of the pages, we are not aware of the content of the data transmitted or how SoundCloud uses it. For more information, please see SoundCloud’s Privacy Policy at: https://soundcloud.com/pages/privacy If you do not want SoundCloud to associate visiting our pages with your SoundCloud account, please log out of your SoundCloud account before activating SoundCloud plugin content.

 

Spotify

Our pages include functions of the music service Spotify. The provider is Spotify AB, Birger Jarlsgatan 61, 113 56 Stockholm in Sweden. You can recognize the Spotify PlugIns by the green logo on our site. You can find an overview of the spotify plug-ins at https://developer.spotify.com This enables a direct connection between your browser and the spotify server when you visit our pages via the plugin. Spotify receives the information that you have visited our site with your IP address. If you click the Spotify button while logged into your Spotify account, you can link the contents of our pages on your Spotify profile. This allows Spotify to associate the visit to our pages with your user account. For more information, see Spotify’s privacy policy:https://www.spotify.com/de/legal/privacy-policy/Wenn If you do not want Spotify to associate your visit to our pages with your Spotify account, please log out of your Spotify account.

 

XING

Our website uses functions of the XING network. The provider is XING AG, Dammtorstrasse 29-32, 20354 Hamburg, Germany. Every time you access one of our pages that contains XING functions, a connection to XING servers is established. To our knowledge, personal data will not be stored. In particular, no IP addresses are stored or the usage behavior is evaluated. Further information on data protection and the XING Share button can be found in XING’s data protection declaration at:https://www.xing.com/app/share?op=data_protection

Tumbler

Our pages use buttons of the Tumblr. The provider is Tumblr, Inc. 35 East 21st St, 10th Floor, New York, NY 10010, USA. These buttons allow you to share a post or page on Tumblr or follow the provider on Tumblr. When you visit one of our websites using the Tumblr button, the browser establishes a direct connection to Tumblr’s servers. We have no influence on the amount of data Tumblr collects and transmits using this plugin. According to the current status, the IP address of the user as well as the URL of the respective website will be transmitted. For more information, please see Tumblr’s privacy policy at: https://www.tumblr.com/policy/de/privacy.

 

he data transmitted or how it is used by Twitter. For more information, please see Twitter’s privacy policy at https://twitter.com/privacy. You can change your Twitter privacy settings in your account settings at: https://twitter.com/account/settings

 

Data economy

We store personal data in accordance with the principles of data avoidance and data economy only as long as it is required or prescribed by law (legal storage period). If the purpose of the information collected no longer applies or if the storage period ends, we block or delete the data.

Your rights to information, correction, blocking, deletion and objection

You have the right, upon request and free of charge, to request information about the personal data stored by us and/or to request correction, blocking or deletion. Exceptions: This is the prescribed data storage for business transactions or the data is subject to the legal obligation to store.

For these purposes please contact me see Contact.

To be able to consider a data lock at any time, it is necessary to keep the data in a lock file for control purposes. If there is no legal archiving obligation, you can also request the deletion of the data. Otherwise we block the data if you wish.

Changes to our data protection declaration

In order to ensure that our data protection declaration always complies with current legal requirements, we reserve the right to make changes at any time. This also applies in the event that the data protection declaration has to be adapted due to new or revised services, for example new services. The new data protection declaration will then take effect the next time you visit our website.

SSL encoding

This site uses SSL encryption for security reasons and to protect the transmission of confidential content, such as requests you send to us as a site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

If SSL encryption is activated, the data you transmit to us cannot be read by third parties.

Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
and with the data protection configurator of mein-datenschutzbeauftragter.de

 

 

 

 

 

 

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