Privacy Policy

This data privacy policy clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our Social Media Profile (hereinafter jointly referred to as “online offering”). With regard to the terms used, such as “processing” or “person responsible”, we refer you to the definitions in Art. 4 of the Data Protection Basic Regulation (DSGVO).

Responsebility

Jonas Hoffmann
Stienitzseestr. 27
12489 Berlin, Deutschland
Email: hoffmann-jonas@scion-creating.de
Imprint: https://scion-creating.de/en/imprint/

types of data processed:

– inventory data (e.g., names, addresses).
– contact data (e.g., e-mail, phone numbers).
– content data (e.g., text entries, photographs, videos).
– usage data (e.g., websites visited, content interest, access times).
– meta/communication data (e.g., device information, IP addresses).

Categories of persons affected

Visitors and users of the online offer (In the following we will refer to the persons concerned collectively as “users”).

Purpose of processing

– Provision of the online offer, its functions and contents.
– Response to contact enquiries and communication with users.
– Security measures.
– Range measurement/Marketing

Concepts used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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. a cookie) or to one or more specific characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

“processing” means any operation or set of operations which is carried out with or without the aid of automated procedures and involves personal data. The term is broad and covers virtually all data handling activities.

“pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures designed to ensure that the personal data are not attributed to an identified or identifiable natural person.

“profiling” means any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements.

“Controller” shall mean any 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.

“processor” means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Legal bases

In accordance with Art. 13 DSGVO we inform you about 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 consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. In the event that vital interests of the data subject or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d DSGVO serves as the legal basis.

Security measures

In accordance with Art. 32 DSGVO, we shall take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, extent, circumstances and purposes of the processing, as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons.

Actions shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to, and access to, input, transmission, securing and separation of data. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data and the response to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and through data protection-friendly presettings (Art. 25 DSGVO).

Cooperation with processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this will only be done on the basis of a legal permit (e.g. if the transfer of the data to third parties, such as payment service providers, is necessary to fulfil the contract pursuant to Art. 6 para. 1 lit. b DSGVO), you have consented, 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 is done in the context of the use of third party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the data to be processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. DSGVO. I.e. the processing takes place e.g. on the basis of special guarantees, like the officially recognized statement of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or observance of officially recognized special contractual obligations (so-called “standard contract clauses”).

Rights of the persons concerned

You have the right to obtain confirmation as to whether the data in question will be processed and to request access to this data and further information and a copy of the data.

Right of withdrawal

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

Right of objection

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

Cookies and right of objection for direct mail

“Cookies” are small files that are stored on users’ computers. 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 the user’s visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. 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 if users visit it after several days. The interests of the users who are used for range measurement or marketing purposes can also 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 service (otherwise, if they are only the latter’s cookies, we speak of “first party cookies”).

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

If users do not want cookies to be stored on their computer, they will be asked to disable the appropriate 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 variety of services, particularly in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. In addition, cookies can be saved by deactivating them in the browser settings. Please note that this may mean that not all functions of this online service can be used.

Deletion of data

The data processed by us will be deleted or their processing restricted in accordance with Art. 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored 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 und 4, Abs. 4 HGB (German Commercial Code) (books, records, management reports, accounting records, trading books, documents relevant for taxation, etc.) and 6 years according to § 257 Abs. 1 Nr. 2 und 3, Abs. 4 HGB (German Commercial Code) (commercial letters).

According to legal requirements in Austria, the storage is carried out in particular for 7 years in accordance with § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.

Participation in Affiliate Partner Programs

Within our online offer, we use customary tracking measures on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer) pursuant to Art. 6 Para. 1 lit. f DSGVO, insofar as these are necessary for the operation of the affiliate system. In the following, we inform the users about the technical background.

The services offered by our contractual partners can also be advertised and linked on other websites (so-called affiliate links or after-buy systems if, for example, links or services of third parties are offered after a contract has been concluded). The operators of the respective websites receive a commission if users follow the affiliate links and then take advantage of the offers.

In summary, it is necessary for our online offer that we can track whether users who are interested in affiliate links and/or the offers available from us subsequently perceive the offers at the instigation of the affiliate links or our online platform. For this purpose, the affiliate links and our offers are supplemented by certain values that can be set as part of the link or otherwise, e.g. in a cookie. The values include in particular the source website (referrer), time, an online identifier of the operator of the website on which the affiliate link was located, an online identifier of the respective offer, an online identifier of the user, as well as tracking specific values such as advertising material ID, partner ID and categorizations.

The online user IDs used by us are pseudonymous values. This means that the online identifiers themselves do not contain any personal data such as names or e-mail addresses. They only help us to determine whether the same user, who clicked on an affiliate link or was interested in an offer via our online offer, perceived the offer, e.g. concluded a contract with the provider. However, the online identifier is personal to the extent that the partner company and we have the online identifier together with other user data. Only in this way can the partner company tell us whether the user has taken advantage of the offer and we can, for example, pay out the bonus.

Amazon Partner Program

We are not liable on the basis of our legitimate interests (i.e. interest in the economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. f.). DSGVO) Participant of the partner program of Amazon EU, which was designed to provide a medium for websites by means of which advertising costs can be reimbursed through the placement of advertisements and links to Amazon.de (so-called affiliate system). I.e. as Amazon partner we earn on qualified purchases.

Amazon uses cookies to track the origin of orders. Among other things, Amazon can recognize that you have clicked the partner link on this website and then purchased a product from Amazon.

Further information on Amazon’s use of data and possible objections can be found in the company’s data protection declaration: https://www.amazon.de/gp/help/customer/display.html?nodeId=201909010.

Note: Amazon and the Amazon logo are trademarks of Amazon.com, Inc. or one of its affiliates.

Comments and Contributions

If users leave comments or other contributions, their IP addresses may be deleted on the basis of our legitimate interests within the meaning of Art. 6 Para. 1 lit. f. of the German Data Protection Act. DSGVO for 7 days. This is done for our security if someone leaves illegal contents (insults, forbidden political propaganda, etc.) in comments and contributions. 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, on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. DSGVO, to process user data 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 their duration and to use cookies in order to avoid multiple votes.

The data provided within the framework of comments and contributions will be stored permanently by us until the user objects.

Comment Subscriptions

Subsequent comments may be subscribed to by users with their consent pursuant to Art. 6 para. 1 lit. a DSGVO. Users receive a confirmation email to check whether they are the owner of the email address entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain information on the cancellation options. For the purposes of proving the users’ consent, we store the registration time and the IP address of the users and delete this information when users unsubscribe from the subscription.

You can cancel the receipt of our subscription at any time, i.e. revoke your consent. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to provide evidence of a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of a consent is confirmed at the same time.

Akismet Anti-Spam Testing

Our online service uses the “Akismet” service offered by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. The use is based on our legitimate interests in the sense of Art. 6 para. 1 lit. f) DSGVO. With the help of this service, comments of real people are distinguished from spam comments. All comments are sent to a server in the USA, where they are analyzed and stored for four days for comparison purposes. If a comment has been classified as spam, the data is stored beyond this time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, information on the browser used, the computer system and the time of the entry.

Further information on Akismet’s collection and use of the data can be found in Automattic’s privacy policy: https://automattic.com/privacy/.

users are welcome to use pseudonyms, or to refrain from entering their name or email address. You can completely prevent the transmission of data by not using our comment system. That would be a shame, but unfortunately we don’t see any other alternatives that work just as effectively.

Contacting

When contacting us (e.g. by contact form, e-mail, or via social media), the user’s details are used to process the contact request and its processing pursuant to Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) DSGVO processed… The user’s details can be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation.

We delete the requests if they are no longer required. We check the necessity every two years; furthermore, the legal archiving obligations apply.

Newsletter

With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the procedures described.

Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or a legal permission. If the contents of the newsletter are specifically described within the scope of registration, they are decisive for the consent of the user. In addition, our newsletters contain information on our services and us.

Double-Opt-In and logging: The registration to our newsletter takes place in a so-called Double-Opt-In procedure. This means that you will receive an e-mail after requesting a newsletter in which you will be asked to confirm your registration. This confirmation is necessary so that nobody can register with external e-mail addresses. The confirmation will be made by a link in an e-mail sent to you. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise the changes of your data stored with the Versanddienstleister are logged.

Login data: In order to subscribe to a newsletter, it is sufficient to enter your e-mail address. Other personal data such as names are not collected. The newsletter mailings are sent anonymously.

The dispatch of the newsletter and the associated performance measurement are based on the consent of the recipient pursuant to Art. 6 Para. 1 lit. a, Art. 7 DSGVO in conjunction with § 7 Para. 2 No. 3 UWG or, if consent is not required, on our legitimate interests in direct marketing pursuant to Art. 6 Para. 1 lt. f. DSGVO in connection with § 7 Abs. 3 UWG.

The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 Para. 1 lit. f DSGVO. Our interest is directed towards the use of a user-friendly and secure newsletter system which serves our business interests as well as the expectations of the users and furthermore allows us to provide evidence of consent.

Cancellation/Recall – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to provide evidence of a previously given consent. The processing of this data is limited to the purpose of a possible defence against claims. An individual deletion request is possible at any time, provided that the former existence of a consent is confirmed at the same time.

Hosting and e-mailing

The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services which we use for the purpose of operating this online service.

We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of this online service on the basis of our legitimate interests in the efficient and secure provision of this online service in accordance with Art. 6 Para. 1 lit. f DSGVO i.V.m. Art. 28 DSGVO (conclusion of an order processing contract). Our hosting provider, through whom the registration and dispatch of the newsletter takes place, is Mailchimp.

Collection of access data and logfiles

We, resp. our hosting provider, raise on the basis of our legitimate interests in the sense of Art. 6 para. 1 lit. f. DSGVO collects data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, the file, date and time of access, amount of data transferred, 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 period of 7 days for security reasons (e.g. to clarify abuse or fraud) and then deleted. Data, whose further storage is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

Online presences in social media

We maintain online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and inform them about our services. When calling up the respective networks and platforms, the terms and conditions and 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. postings on our online presences or send us messages.

Integration of third-party services and content

Within our online offer, we place great value 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. of the German Civil Code). DSGVO) content or service offers from third parties in order to integrate 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 user, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those contents whose respective providers only use the IP address to deliver 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 contain, among other things, technical information about the browser and operating system, referring web pages, visit times and other information about the use of our online service, as well as may 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.

Twitter

Within our online offer, functions and contents of the Twitter service, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA, can be integrated. This can include, for example, content such as images, videos or texts and buttons with which users can share content from this online service within Twitter.
If users are members of the Twitter platform, Twitter can assign the call of the above-mentioned content and functions to the user profiles there. Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active). Privacy policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization.

Google

Google is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active). Further information on the use of data by Google, setting and objection options, can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertising insertions by Google (https://adssettings.google.com/authenticated).

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