Data protection declaration

Preamble


With the following data protection declaration, we would like to inform you about which types of your personal data (hereinafter also referred to as "data") we process, for what 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 the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offering").

The terms used are not gender-specific.


Status: December 29, 2024


Table of contents

  • Preamble

  • Responsible party

  • Overview of processing

  • Relevant legal bases

  • Security measures

  • General information on data storage and deletion

  • Rights of the data subjects

  • Use of online platforms for offer and sales purposes

  • Provision of the online offer and web hosting

  • Use of cookies

  • Contact and inquiry management

  • Web analysis, monitoring and optimization


Responsible party

Andreas Stichnoth

Bachweinbergweg 18

97762 Hammelburg

E-mail address: gay-parvenue@gmx.de


Overview of processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.


Types of data processed

  • Inventory data.

  • Payment data.

  • Contact data.

  • Content data.

  • Contract data.

  • Usage data.

  • Meta, communication and process data.

  • Log data.


Categories of data subjects

  • Service recipients and clients.

  • Communication partners.

  • Users.

  • Business and contractual partners.

Purposes of processing

  • Provision of contractual services and fulfillment of contractual obligations.

  • Communication.

  • Security measures.

  • Range measurement.

  • Organizational and administrative procedures.

  • Feedback.

  • Marketing.

  • Profiles with user-related information.

  • Provision of our online offering and user-friendliness.

  • Information technology infrastructure.

  • Business processes and business management procedures.

Relevant legal bases

Relevant legal bases according to the GDPR: Below you will find an overview of the legal bases of the GDPR on the basis of which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases are also relevant in individual cases, we will inform you of these in the data protection declaration.

  • Consent (Art. 6 Para. 1 Clause 1 Letter a) GDPR) - The data subject has given their consent to the processing of personal data concerning them for a specific purpose or several specific purposes.

  • Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 Letter b) GDPR) - The processing is necessary for the fulfillment of a contract to which the data subject is a party or for the implementation of pre-contractual measures taken at the request of the data subject.

  • Legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR) - the processing is necessary to safeguard the legitimate interests of the controller or a third party, provided that the interests, fundamental rights and freedoms of the data subject which require the protection of personal data do not prevail.


National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national regulations on data protection apply in Germany. This includes in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). The BDSG contains in particular special regulations on the right to information, the right to erasure, the right to object, 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, the state data protection laws of the individual federal states may apply.

Note on the validity of the GDPR and the Swiss DSG: This data protection notice serves to provide information in accordance with the Swiss DSG as well as the General Data Protection Regulation (GDPR). For this reason, we ask you to note that the terms of the GDPR are used due to the broader spatial application and comprehensibility. In particular, instead of the terms "processing" of "personal data", "overriding interest" and "personal data worthy of particular protection" used in the Swiss DSG, the terms "processing" of "personal data" as well as "legitimate interest" and "special categories of data" used in the GDPR are used. However, the legal meaning of the terms will continue to be determined according to the Swiss DSG within the scope of the validity of the Swiss DSG.


Security 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, we take suitable technical and organizational measures to ensure a level of protection appropriate to the risk.

The measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, transfer, securing the availability and separation of the data. Furthermore, we have set up procedures that ensure the exercise of the rights of those affected, the deletion of data and reactions to the threat to the data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and procedures in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.


General information on data storage and deletion

We delete personal data that we process in accordance with the statutory provisions as soon as the underlying consent is revoked or there are no further legal bases for the processing. This applies to cases in which the original purpose of processing no longer applies or the data is no longer required. Exceptions to this rule exist if legal obligations or special interests require the data to be stored or archived for a longer period.

In particular, data that must be stored for commercial or tax law reasons or whose storage is necessary for legal proceedings or to protect the rights of other natural or legal persons must be archived accordingly.

Our data protection information contains additional information on the storage and deletion of data that applies specifically to certain processing processes.

If there are several details on the storage period or deletion periods for a date, the longest period always applies.

If a period does not expressly begin on a specific date and is at least one year, it automatically starts at the end of the calendar year in which the event triggering the period occurred. In the case of ongoing contractual relationships in the context of which data is stored, the event that triggers the deadline is the time at which the termination or other termination of the legal relationship takes effect.

We process data that is no longer stored for the originally intended purpose, but due to legal requirements or other reasons, exclusively for the reasons that justify its storage.


Further information on processing processes, procedures and services:

Storage and deletion of data: The following general deadlines apply to the storage and archiving under German law:

10 years - retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets as well as the work instructions and other organizational documents, accounting documents and invoices required for their understanding (Section 147 Paragraph 3 in conjunction with Paragraph 1 Nos. 1, 4 and 4a AO, Section 14b Paragraph 1 UStG, Section 257 Paragraph 1 Nos. 1 and 4, Paragraph 4 HGB).

6 years - Other business documents: received commercial or business letters, reproductions of sent commercial or business letters, other documents, insofar as they are relevant for taxation, e.g. hourly wage slips, operating accounting sheets, calculation documents, price labels, but also payroll documents, insofar as they are not already accounting documents and cash register slips (Section 147 Paragraph 3 in conjunction with Paragraph 1 Nos. 2, 3, 5 AO, Section 257 Paragraph 1 Nos. 2 and 3, Paragraph 4 HGB).

3 years - Data that is required to take into account potential warranty and compensation claims or similar contractual claims and rights and to process related inquiries based on previous business experience and usual industry practices are stored for the duration of the regular statutory limitation period of three years (Sections 195, 199 BGB).


Rights of the data subjects

Rights of the data subjects under the GDPR: As a data subject, you have various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

  • Right of objection: You have the right to object at any time to the processing of personal data concerning you based on Art. 6 (1) (e) or (f) GDPR, for reasons arising from your particular situation; this also applies to profiling based on these provisions. If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purposes of such advertising; this also applies to profiling insofar as it is associated with such direct marketing.

  • Right to withdraw consent: You have the right to withdraw consent you have given at any time.

  • Right to information: You have the right to request confirmation as to whether your data is being processed and to receive information about this data as well as further information and a copy of the data in accordance with the statutory requirements.

  • Right to rectification: You have the right to request that your data be completed or that incorrect data be rectified in accordance with the statutory requirements.

  • Right to erasure and restriction of processing: You have the right to request that your data be erased immediately or, alternatively, to request that your data be restricted in accordance with the statutory requirements.

  • Right to data portability: You have the right to receive data concerning you that you have made available to us in a structured, common and machine-readable format in accordance with the statutory requirements or to request that it be transmitted to another responsible party.

  • Complaint to a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you believe that the processing of personal data concerning you violates the provisions of the GDPR.


Use of online platforms for offer and sales purposes

We offer our services on online platforms operated by other service providers. In this context, the data protection notices of the respective platforms apply in addition to our data protection notices. This applies in particular with regard to the execution of the payment process and the procedures used on the platforms for reach measurement and interest-based marketing.

  • Types of data processed: Inventory data (e.g. full name, home address, contact information, customer number, etc.); payment data (e.g. bank details, invoices, payment history); contact data (e.g. postal and email addresses or telephone numbers); contract data (e.g. subject matter of the contract, term, customer category); usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions). Meta, communication and process data (e.g. IP addresses, time information, identification numbers, people involved).

  • Persons affected: service recipients and clients. Business and contractual partners.

  • Purposes of processing: provision of contractual services and fulfillment of contractual obligations; marketing. Business processes and business procedures.

  • Storage and deletion: deletion in accordance with the information in the section "General information on data storage and deletion".

  • Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 lit. b) GDPR). Legitimate interests (Art. 6 Para. 1 Clause 1 lit. f) GDPR).


Provision of the online offer and web hosting

We process the data of users in order to be able to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or device.

  • Types of data processed: Usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions); meta, communication and process data (e.g. IP addresses, time information, identification numbers, people involved). Protocol data (e.g. log files relating to logins or the retrieval of data or access times).

  • Affected persons: Users (e.g. website visitors, users of online services).

  • Purposes of processing: Provision of our online offer and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.).). Security measures.

  • Storage and deletion: Deletion in accordance with the information in the section "General information on data storage and deletion".

  • Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR).


Further information on processing processes, procedures and services:

Collection of data:

  • Access data and log files: Access to our online offering is logged in the form of so-called "server log files". The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data 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 (particularly in the case of abusive attacks, so-called DDoS attacks), and to ensure the utilization of the servers and their stability; legal basis: legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR). Deletion of data: Log file information is stored for a maximum of 30 days and is then deleted or anonymized. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally resolved.


Use of cookies

The term "cookies" refers to functions that store information on users' devices and read it from them. Cookies can also be used for various purposes, such as for the purposes of the functionality, security and convenience of online services and the creation of analyses of visitor flows. We use cookies in accordance with legal regulations. If necessary, we obtain the user's consent in advance. If consent is not necessary, we rely on our legitimate interests. This applies if the storage and reading of information is essential in order to be able to provide expressly requested content and functions. This includes, for example, storing settings and ensuring the functionality and security of our online service. Consent can be revoked at any time. We provide clear information about the scope of this and which cookies are used.

Notes on data protection legal bases: Whether we process personal data using cookies depends on consent. If consent is given, it serves as the legal basis. Without consent, we rely on our legitimate interests, which are explained above in this section and in the context of the respective services and procedures.

Storage period: With regard to the storage period, a distinction is made between the following types of cookies:

  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online service and closed their device (e.g. browser or mobile application).

  • Permanent cookies: Permanent cookies remain stored even after the device is closed. For example, the log-in status can be saved and preferred content can be displayed directly when the user visits a website again. The user data collected using cookies can also be used to measure reach. Unless we provide users with explicit information about the type and storage period of cookies (e.g. when obtaining consent), they should assume that these are permanent and that the storage period can be up to two years.

General information on revocation and objection (opt-out): Users can revoke the consent they have given at any time and also object to processing in accordance with the legal requirements, including using the privacy settings of their browser.

  • Types of data processed: Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, people involved).

  • Affected persons: Users (e.g. website visitors, users of online services).

  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR). Consent (Art. 6 Para. 1 S. 1 lit. a) GDPR).

Further information on processing processes, procedures and services:

  • Processing of cookie data based on consent: We use a consent management solution in which users' consent is obtained for the use of cookies or for the procedures and providers named in the consent management solution. This procedure is used to obtain, log, manage and revoke consent, in particular with regard to the use of cookies and similar technologies that are used to store, read and process information on users' end devices. As part of this procedure, users' consent for the use of cookies and the associated processing of information, including the specific consents mentioned in the consent management procedure, is collected and processed.

  • Users also have the option of managing and revoking their consent. The declarations of consent are stored in order to avoid a further query and to be able to provide proof of consent in accordance with legal requirements. The data is stored on the server side and/or in a cookie (so-called opt-in cookie) or using comparable technologies in order to be able to assign the consent to a specific user or their device. If no specific information is available about the providers of consent management services, the following general information applies: The consent is stored for up to two years. A pseudonymous user identifier is created, which is stored together with the time of consent, information on the scope of the consent (e.g. relevant categories of cookies and/or service providers) and information about the browser, the system and the device used; legal basis: consent (Art. 6 Para. 1 Clause 1 lit. a) GDPR).


Contact and inquiry management

When you contact us (e.g. by post, contact form, email, telephone or via social media) and within the framework of existing user and business relationships, the details of the inquiring persons are processed insofar as this is necessary to answer the contact inquiries and any requested measures.

  • Types of data processed: Inventory data (e.g. full name, home address, contact information, customer number, etc.); contact data (e.g. postal and email addresses or telephone numbers); content data (e.g. textual or visual messages and contributions as well as the information relating to them, such as information on authorship or time of creation); usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions). Meta, communication and process data (e.g. IP addresses, time information, identification numbers, people involved).

  • Data subjects: communication partners.

  • Purposes of processing: Communication; organizational and administrative procedures; Feedback (e.g. collecting feedback via online form). Provision of our online offer and user-friendliness.

  • Storage and deletion: Deletion in accordance with the information in the section "General information on data storage and deletion".

  • Legal basis: Legitimate interests (Art. 6 Para. 1 Clause 1 Letter f) GDPR). Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 Letter b) GDPR).

Further information on processing processes, procedures and services:

  • Contact form: When you contact us via our contact form, by email or other communication channels, we process the personal data sent to us to answer and process the respective request. This usually includes information such as name, contact information and, if applicable, other information that is communicated to us and is necessary for appropriate processing. We use this data exclusively for the stated purpose of contact and communication; Legal basis: Contractual performance and pre-contractual inquiries (Art. 6 Para. 1 Clause 1 lit. b) GDPR), legitimate interests (Art. 6 Para. 1 Clause 1 lit. f) GDPR).


Web analysis, monitoring and optimization

Web analysis (also known as "reach measurement") is used to evaluate the flow of visitors to our online offering and can include behavior, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of reach analysis, we can, for example, identify at what time our online offering or its functions or content are used most frequently, or invite them to be used again. It is also possible for us to understand which areas require optimization.

In addition to web analysis, we can also use test procedures to test and optimize different versions of our online offering or its components.

Unless otherwise stated below, profiles, i.e. data summarized for a usage process, can be created for these purposes and information can be stored in a browser or in a device and then read out. The information collected includes, in particular, websites visited and elements used there, as well as technical information, such as the browser used, the computer system used and information on usage times. If users have consented to us or the providers of the services we use collecting their location data, the processing of location data is also possible.

In addition, the IP addresses of users are stored. However, we use an IP masking procedure (i.e. pseudonymization by shortening the IP address) to protect users. In general, no clear user data (such as e-mail addresses or names) is stored as part of web analysis, A/B testing and optimization, but pseudonyms. This means that neither we nor the providers of the software used know the actual identity of the users, but only the information stored in their profiles for the purpose of the respective procedures.

Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for data processing is consent. Otherwise, user data is processed on the basis of our legitimate interests (i.e. interest in efficient, economical 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.

  • Types of data processed: Usage data (e.g. page views and length of stay, click paths, intensity and frequency of use, device types and operating systems used, interactions with content and functions). Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, people involved).

  • Affected persons: Users (e.g. website visitors, users of online services).

  • Purposes of processing: Range measurement (e.g. access statistics, recognition of returning visitors); Profiles with user-related information (creation of user profiles). Provision of our online offer and user-friendliness.

  • Storage and deletion: Deletion in accordance with the information in the section "General information on data storage and deletion". Storage of cookies for up to 2 years (Unless otherwise stated, cookies and similar storage methods can be stored on users' devices for a period of two years).

  • Security measures: IP masking (pseudonymization of the IP address).

  • Legal basis: Consent (Art. 6 Para. 1 Clause 1 lit. a) GDPR). Legitimate interests (Art. 6 Para. 1 Clause 1 lit. f) GDPR).


Further information on processing processes, procedures and services:

  • Google Analytics: We use Google Analytics to measure and analyse the use of our online offering on the basis of a pseudonymous user identification number. This identification number does not contain any unique data, such as names or email addresses. It is used to assign analysis information to a device in order to identify which content users have accessed within one or more usage processes, which search terms they have used, accessed them again or interacted with our online offering. The time of use and its duration are also stored, as well as the sources of users who refer to our online offering and technical aspects of their devices and browsers. Pseudonymous profiles of users are created with information from the use of various devices, and cookies may be used. Google Analytics does not log or store individual IP addresses for EU users. However, Analytics provides rough geographic location data by deriving the following metadata from IP addresses: city (and the derived latitude and longitude of the city), continent, country, region, subcontinent (and ID-based counterparts). For EU traffic, the IP address data is used exclusively for this derivation of geolocation data before being immediately deleted. It is not logged, is not accessible and is not used for any other purposes. When Google Analytics collects measurement data, all IP queries are performed on EU-based servers before the traffic is forwarded to Analytics servers for processing; Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a) GDPR); Website: https://marketingplatform.google.com/intl/de/about/analytics/; Security measures: IP masking (pseudonymization of the IP address); Data protection declaration: https://policies.google.com/privacy; Order processing agreement: https://business.safety.google/adsprocessorterms/; Basis for third country transfers: Data Privacy Framework (DPF); Opt-out option: Opt-out plugin: https://tools.google.com/dlpage/gaoptout?hl=de, settings for displaying advertisements: https://myadcenter.google.com/personalizationoff. Further information: https://business.safety.google/adsservices/ (types of processing and data processed).


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