Privacy policy
Introduction
With the following data protection declaration, we would like to inform you which types of your personal data (hereinafter also referred to as “data”) we process, for which 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 providing our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter also referred to collectively as “online offer”).
The terms used are not gender-specific.
Status: July 29, 2020
Table of contents
- Introduction
- Responsible person
- Overview of the processing operations
- Relevant legal bases
- security measures
- Transmission and disclosure of personal data
- Data processing in third countries
- Use of cookies
- Provision of the online offer and web hosting
- Blogs and publication media
- Contact us
- online marketing
- deletion of data
- Amendment and updating of the privacy policy
- Rights of data subjects
- Definitions of terms
Responsible person
Martin Year Blücherstraße 14 26603 Aurich
E-mail address: martin@anfinema.de
Phone: 0170-371 66 36
Legal notice: https://aufiblue.de/impressum
Overview of processing
The following table summarises the types of data processed and the purposes of their processing, and refers to the data subjects.
Types of data processed
- inventory data (e.g. names, addresses).
- Content data (e.g. text entries, photographs, videos).
- Contact data (e.g. e-mail, telephone numbers).
- Meta/communication data (e.g. device information, IP addresses).
- Usage data (e.g. websites visited, interest in content, access times).
Categories of data subjects
- interested parties.
- communication partners.
- Users (e.g. website visitors, users of online services).
Purpose of processing
- Visit action evaluation.
- Feedback (e.g. collecting feedback via online form).
- Interest-based and behaviour-based marketing.
- Contact requests and communication.
- Conversion measurement (measuring the effectiveness of marketing measures).
- Profiling (creating user profiles).
- Remarketing.
- Reach measurement (e.g. access statistics, recognition of returning visitors).
- Security measures.
- Tracking (e.g. interest/behavioural profiling, use of cookies).
- Contractual performance and service.
- Management and response to requests.
Relevant legal bases
In the following, we provide the legal basis for the Basic Data Protection Regulation (DSGVO), on the basis of which we process personal data. Please note that in addition to the regulations of the DSGVO, national data protection regulations may apply in your or our country of residence and domicile. Should more specific legal provisions apply in individual cases, we will inform you of these in the data protection declaration.
- Consent (Art. 6 para. 1 sentence 1 letter a DSGVO) - The data subject has given his or her consent to the processing of personal data relating to him or her for one or more specific purposes.
- Fulfilment of a contract and pre-contractual enquiries (Art. 6 para. 1 sentence 1 letter b. FADP) - Processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject.
- Protection of vital interests (Art. 6 para. 1 sentence 1 lit. d. DPA) - Processing is necessary to protect the vital interests of the data subject or of another natural person.
- Legitimate interests (Art. 6 para. 1 sentence 1 lit. f. FADP) - Processing is necessary to protect the legitimate interests of the controller or of a third party, except where such interests or fundamental rights and freedoms of the data subject which require the protection of personal data are overridden.
National data protection regulations in Germany: In addition to the data protection regulations of the Basic Data Protection Regulation, national regulations on data protection apply in Germany. These include in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right of objection, 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. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. Furthermore, state data protection laws of the individual federal states may apply.
Security measures
We take appropriate technical and organisational 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, in order to ensure a level of protection commensurate with the risk.
These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, disclosure, security of availability and segregation of data relating to them. Procedures have also been put in place to ensure that data subjects’ rights are respected, that data are deleted and that responses to data breaches are made. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and procedures in accordance with the principle of data protection, by designing technology and by using data protection-friendly default settings.
Transmission and disclosure of personal data
In the course of our processing of personal data, it may happen that the data is transferred to or disclosed to other bodies, companies, legally independent organisational units or persons. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases we observe the legal requirements and in particular conclude appropriate contracts or agreements with the recipients of your data which serve to protect your data.
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 if the processing takes place in the context of the use of services of third parties or the disclosure or transfer of data to other persons, bodies or companies, this will only take place in accordance with the legal requirements.
Subject to express consent or transfer required by contract or by law, we will only process the data or have it processed in third countries with a recognised level of data protection, a contractual obligation through so-called standard protection clauses of the EU Commission, in the case of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de ).
Use of cookies
Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping basket or the place where a video was viewed. The term “cookies” also includes other technologies that perform the same functions as cookies (e.g. when user information is stored using pseudonymous online identifiers, also known as “user IDs”).
The following cookie types and functions are distinguished:
- Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
- Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for reach measurement or marketing purposes can be stored in such a cookie.
- First-party cookies: First-party cookies are set by us.
- Third party cookies (also: third party cookies): Third party cookies are mainly used by advertisers (so-called third parties) to process user information.
- Necessary (also: essential or absolutely necessary) cookies: Cookies may be absolutely necessary for the operation of a website (e.g. to store logins or other user entries or for security reasons).
- Statistical, marketing and personalisation cookies: Furthermore, cookies are generally also used in the context of range measurement as well as when the interests of a user or his behaviour (e.g. viewing certain content, using functions etc.) are stored in a user profile on individual websites. Such profiles are used to show users e.g. content that corresponds to their potential interests. This procedure is also known as “tracking”, i.e. following the potential interests of users. . If we use cookies or “tracking” technologies, we will inform you separately in our privacy policy or when you give your consent.
Information on legal bases: The legal basis on which we process your personal data using cookies depends on whether we ask you for your consent. If this is the case and you consent to the use of cookies, the legal basis for processing your data is the declared consent. Otherwise, the data processed with the aid of cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfil our contractual obligations.
Storage duration: Unless we provide you with explicit information on the storage duration of permanent cookies (e.g. within the framework of a so-called cookie opt-in), please assume that the storage duration can be up to two years.
General information on revocation and objection (opt-out): Depending on whether processing is based on consent or legal permission, you have the opportunity at any time to revoke any consent given or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”). You can initially declare your objection by means of the settings of your browser, e.g. by deactivating the use of cookies (although this may also restrict the functionality of our online service). An objection to the use of cookies for online marketing purposes can also be declared by means of a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can receive further notices of objection in the context of the information on the service providers and cookies used.
Processing of cookie data based on consent: Before we process or have processed data in the context of the use of cookies, we ask users for their consent, which can be revoked at any time. Before consent has not been given, we will only use cookies that are absolutely necessary for the operation of our online service.
- Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).
Provision of the online offer and web hosting
In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services as well as security and technical maintenance services.
The data processed within the framework of the provision of the hosting offer may include all data relating to the users of our online offer, which are generated within the framework of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.
Collection of access data and log files: We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). Server log files may include the address and name of the web pages and files accessed, date and time of access, data volume 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 (especially in the case of abusive attacks, so-called DDoS attacks) and to ensure the capacity utilisation of the servers and their stability.
- Processed data types: Content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Legal basis: legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).
Blogs and publication media
We use blogs or comparable means of online communication and publication (hereinafter “publication medium”). Readers’ data are processed for the purposes of the publication medium only to the extent necessary for its presentation and communication between authors and readers or for security reasons. In addition, we refer to the information on the processing of visitors to our publication medium in the context of this data protection notice.
Comments and contributions: If users leave comments or other contributions, their IP addresses may be stored based on our legitimate interests. This is done for our security in case someone leaves unlawful content in comments and contributions (insults, prohibited political propaganda etc.). In this case we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
Furthermore, we reserve the right, based on our legitimate interests, to process the information provided by users for the purpose of spam detection.
On the same legal basis, we reserve the right, in the case of surveys, to store the IP addresses of users for the duration of the survey and to use cookies to avoid multiple voting.
The personal information provided in the comments and contributions, any contact and website information as well as the content information will be permanently stored by us until the users object.
- Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services).
- Purposes of processing: contractual and other services, feedback (e.g. collection of feedback via online forms), security measures, management and response to requests.
- Legal bases: Fulfilment of contract and pre-contractual enquiries (Art. 6 Paragraph 1 S. 1 lit. b. DSGVO), legitimate interests (Art. 6 Paragraph 1 S. 1 lit. f. DSGVO), consent (Art. 6 Paragraph 1 S. 1 lit. a DSGVO), protection of vital interests (Art. 6 Paragraph 1 S. 1 lit. d. DSGVO).
Establishing contact
When contacting us (e.g. by contact form, e-mail, telephone or via social media), the data of the inquiring persons will be processed to the extent necessary to answer the contact enquiries and any requested measures.
The answering of contact enquiries within the framework of contractual or pre-contractual relationships is carried out in order to fulfil our contractual obligations or to answer (pre)contractual enquiries and otherwise on the basis of the legitimate interest in answering the enquiries.
- Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text entries, photographs, videos).
- Data subjects: Communication partners.
- Purpose of processing: contact requests and communication.
- Legal bases: fulfilment of contract and pre-contractual enquiries (Art. 6 Paragraph 1 S. 1 lit. b. DSGVO), legitimate interests (Art. 6 Paragraph 1 S. 1 lit. f. DSGVO).
online marketing
We process personal data for online marketing purposes, which may include, in particular, the marketing of advertising space or the display of advertising and other content (collectively referred to as “Content”) based on the potential interests of users and the measurement of its effectiveness.
For these purposes, so-called user profiles are created and stored in a file (so-called “cookie”) or similar procedures are used, by means of which user data relevant to the presentation of the aforementioned content is stored. This information may include, for example, the content viewed, websites visited, online networks used, but also communication partners and technical details such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this data may also be processed.
The IP addresses of users are also stored. However, we use available IP masking procedures (i.e., pseudonymisation by shortening the IP address) to protect the users. In general, no clear user data (such as e-mail addresses or names) are stored within the framework of the online marketing process, but pseudonyms. This means that we as well as the providers of the online marketing procedures do not know the actual identity of the users, but only the information stored in their profiles.
As a rule, the information in the profiles is stored in the cookies or by means of similar procedures. These cookies can later generally be read out on other websites that use the same online marketing procedure, analysed for the purpose of presenting content and supplemented with additional data and stored on the server of the online marketing procedure provider.
As an exception, clear data can be assigned to the profiles. This is the case, for example, if the users are members of a social network whose online marketing procedure we use and the network links the user profiles with the aforementioned data. Please note that users can make additional agreements with the providers, e.g. by giving their consent during registration.
As a matter of principle, we only obtain access to summarised information on the success of our advertisements. However, we can check in the course of so-called conversion measurements which of our online marketing procedures have led to a so-called conversion, i.e., for example, to the conclusion of a contract with us. The conversion measurement is used solely to analyse the success of our marketing measures.
Unless otherwise stated, we ask you to assume that cookies used are stored for a period of two years.
Notes on legal bases: If we ask users for their consent to use third party providers, the legal basis for processing data is consent. Otherwise, the users’ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economic and recipient-friendly services). In this context we would also like to draw your attention to the information on the use of cookies in this data protection declaration.
- Processed data types: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Data subjects: Users (e.g. website visitors, users of online services), interested parties.
- Purposes of processing: Tracking (e.g. interest/behavioural profiling, use of cookies), remarketing, visitor action evaluation, interest/behavioural marketing, profiling (creation of user profiles), conversion measurement (measurement of the effectiveness of marketing measures), reach measurement (e.g. access statistics, recognition of returning visitors).
- Security measures: IP-Masking (pseudonymisation of the IP address).
- Legal bases: Consent (Art. 6 para. 1 sentence 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 sentence 1 lit. f. DSGVO).
- Possibility of objection (opt-out): We refer to the data protection notices of the respective providers and the possibilities of objection (so-called “opt-out”) indicated for the providers. If no explicit opt-out option has been specified, it is possible to switch off cookies in your browser settings. However, this may restrict the functions of our online offer. We therefore recommend the following additional opt-out options, which are offered in summary form for the respective areas: a) Europe: https://www.youronlinechoices.eu. b) Canada: https://www.youradchoices.ca/choices. c) USA: https://www.aboutads.info/choices. d) Cross-regional: https://optout.aboutads.info.
Services used and service providers:
- Google Analytics: online marketing and web analytics; service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, parent company: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; Website: https://marketingplatform.google.com/intl/de/about/analytics/; Privacy Policy: https://policies.google.com/privacy; Opt-Out: Opt-Out Plugin: https://tools.google.com/dlpage/gaoptout?hl=de, Advertising Display Settings: https://adssettings.google.com/authenticated.
Deletion of data
The data processed by us will be deleted in accordance with the legal requirements as soon as their consent permitted for processing is revoked or other permissions cease to apply (e.g. if the purpose for which the data were processed ceases to apply or if they are not necessary for the purpose).
Unless the data are deleted because they are required for other and legally permissible purposes, their processing is limited to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law or that are required to be retained for the assertion, exercise or defence of legal claims or to protect the rights of another natural or legal person.
Further information on the deletion of personal data can also be provided in the individual data protection notes of this data protection declaration.
Changes and updates to the privacy policy
We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to take action to cooperate (e.g. to give your consent) or to receive other individual notification.
If we provide addresses and contact information of companies and organisations in this data protection declaration, please note that the addresses may change over time and please check the information before contacting us.
Rights of the data subjects
As a data subject, you are entitled to various rights under the DSGVO, which result in particular from Articles 15 to 21 DSGVO:
- Right of objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out pursuant to Art. 6, paragraph 1, letters e or f of the DPA; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
- Right to withdraw consent: You have the right to withdraw any consent you have given at any time.
- Right of access: you have the right to obtain confirmation as to whether or not data in question are being processed and to obtain information on such data and further information and a copy of the data in accordance with the law.
- Right of rectification: You have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you in accordance with the law.
- Right to erasure and limitation of processing: You have the right to request, in accordance with the law, the immediate erasure of data concerning you or, alternatively, in accordance with the law, the limitation of processing of the data.
- Right to data transfer: You have the right to obtain, in accordance with the law, the communication of the data concerning you which you have supplied to us in a structured, standard and machine-readable format or to request that it be communicated to another controller.
- Complaints to the supervisory authority: you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State in which you are habitually resident, your place of work or the place where the alleged infringement occurred, in accordance with the law, if you consider that the processing of personal data relating to you is in breach of the DPA.
Definitions of terms
This section provides an overview of the terms used in this privacy policy. Many of the terms are taken from the law and defined above all in Art. 4 DSGVO. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to help you understand them. The terms are sorted alphabetically.
- Conversion tracking: Conversion tracking is a method for determining the effectiveness of marketing measures. For this purpose, a cookie is usually stored on the user’s devices within the websites on which the marketing measures are carried out and then retrieved again on the target website. For example, we can then track whether the ads we have placed on other websites have been successful).
- IP-Masking: “IP-Masking” is a method by which the last octet, i.e. the last two numbers of an IP address, is deleted so that the IP address can no longer serve to uniquely identify a person. IP masking is therefore a means of pseudonymising processing methods, particularly in online marketing
- Interest-based and behavioural marketing: We speak of interest-based and/or behavioural marketing when the potential interests of users in advertisements and other content are predetermined as precisely as possible. This is done on the basis of information about their previous behaviour (e.g. visiting and staying on certain websites, purchasing behaviour or interaction with other users), which is stored in a so-called profile. As a rule, cookies are used for these purposes.
- Conversion measurement: Conversion measurement is a method by which the effectiveness of marketing measures can be determined. For this purpose, a cookie is usually stored on the user’s devices within the websites on which the marketing measures are carried out and then retrieved again on the target website. For example, we are able to track whether the ads we have placed on other websites have been successful.
- Personal data: “Personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Profiling: “Profiling” is any automated processing of personal data which consists of using personal data to analyse, evaluate or predict certain personal aspects relating to a natural person (depending on the type of profiling, this may include information about age, sex, location and movement data, interaction with websites and their content, shopping behaviour, social interactions with other people) (e.g. interests in certain content or products, click behaviour on a website or location). Cookies and web beacons are often used for profiling purposes.
- Reach measurement: Reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offering and can include the behaviour or interests of visitors in certain information, such as the content of websites. With the help of reach analysis, website owners can, for example, identify at what time visitors visit their website and what content they are interested in. This enables them to better adapt the contents of the website to the needs of their visitors. Pseudonymous cookies and web beacons are often used for the purpose of range analysis in order to recognise returning visitors and thus obtain more precise analyses of the use of an online offer.
- Remarketing: One speaks of “remarketing” or “retargeting”, for example, when it is noted for advertising purposes in which products a user has been interested on a website in order to remind the user of these products on other websites, e.g. in advertisements.
- Tracking: One speaks of “tracking” when the behaviour of users can be traced across several online offers. As a rule, behavioural and interest information regarding the online offers used is stored in cookies or on servers of the providers of the tracking technologies (so-called profiling). This information can then be used, for example, to display advertisements to users that are likely to correspond to their interests.
- Responsible person: “Responsible person” means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data.
- Processing: “processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data, whether it be collection, analysis, storage, communication or deletion.
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