DATA PROTECTION

INTRODUCTION

With the following data protection declaration we would like to explain to you 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 within the framework 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 offer").

The terms used are not gender specific.

As of May 18, 2020

    CONTENT OVERVIEW

  • introduction

  • Responsible person

  • Overview of the processing

  • Relevant legal bases

  • Safety measures

  • Use of cookies

  • Commercial and business services

  • Payment service provider

  • Provision of the online offer and web hosting

  • Registration, login and user account

  • contact

  • Presence in social networks (social media)

  • Plugins and embedded functions as well as content

  • Deletion of data

  • Change and update of the data protection declaration

  • Rights of data subjects

  • Definitions of terms

RESPONSIBLE

POURS STUDIOS
Simone Haas
Steinbeisstrasse 41-43
71665 Vaihingen / Enz
Germany

Email address: info @ pours-studios.com

Phone: 0179 6150655

Imprint: www.pours-studios.com

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 (e.g. names, addresses).

  • Content data (e.g. text input, photographs, videos).

  • Contact details (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).

  • Location data (data indicating the location of an end user's device).

  • Contract data (e.g. subject of the contract, duration, customer category).

  • Payment data (e.g. bank details, invoices, payment history).

 

Categories of data subjects

  • Business and contractual partners.

  • Interested persons.

  • Communication partner.

  • Customers.

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

 

Purposes of processing

  • Provision of our online offer and user-friendliness.

  • Office and organizational procedures.

  • Contact requests and communication.

  • Remarketing.

  • Range measurement (e.g. access statistics, recognition of returning visitors).

  • Safety measures.

  • Tracking (e.g. interest / behavioral profiling, use of cookies).

  • Contractual services and services.

  • Management and answering of inquiries.

 

Relevant legal bases

In the following we share the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process the personal data. Please note that in addition to the provisions of the GDPR, the national data protection requirements in your or our country of residence and domicile may apply. Furthermore, if more specific legal bases are relevant in individual cases, we will inform you of this in the data protection declaration.

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

  • Fulfillment of contracts and pre-contractual inquiries (Art. 6 (1) sentence 1 lit. take place.

  • Legal obligation (Art. 6 Para. 1 S. 1 lit. c. GDPR) - The processing is necessary to fulfill a legal obligation to which the person responsible is subject.

  • Legitimate interests (Art. 6 Para. 1 S. 1 lit. f. GDPR) - Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which protect personal data Data require, predominate.

National data protection regulations in Germany: In addition to the data protection regulations of the General Data Protection Regulation, national data protection regulations apply in Germany. This includes in particular the law on the protection against misuse of personal data during data processing (Federal Data Protection Act - BDSG). In particular, the BDSG contains 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. It also 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 can be applied.

 

Safety measures

We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as the access, input, transfer, securing of availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to the threat to the data. Furthermore, we consider the protection of personal data already in the development or selection of hardware, software and procedures in accordance with the principle of data protection, through technology design and data protection-friendly default settings.

Shortening the IP address: If it is possible for us or if it is not necessary to save the IP address, we will shorten or have your IP address shortened. If the IP address is shortened, also known as "IP masking", the last octet, ie the last two digits of an IP address, is deleted (the IP address in this context is an Internet connection through the online Access provider individually assigned identifier). The shortening of the IP address is intended to prevent or make it much more difficult to identify a person using their IP address.

SSL encryption (https): In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https: // in the address line of your browser.

 

Use of cookies

Cookies are text files that contain data from visited websites or domains and are stored on the user's computer by a browser. A cookie is primarily used to store information about a user during or after their visit to an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the location where a video was viewed. The term cookies also includes other technologies that fulfill the same functions as cookies (e.g. if user information is stored using pseudonymous online identifiers, also known as "user IDs")

A distinction is made between the following types of cookies and functions:

  • Temporary cookies (also: session or 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 are saved 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. The interests of users who are used to measure reach or for marketing purposes can also be stored in such a cookie.

  • First-party cookies: We set first-party cookies ourselves.

  • 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 can on the one hand be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for security reasons).

  • Statistics, marketing and personalization cookies: Furthermore, cookies are usually also used in the context of range measurement and when the interests of a user or his behavior (e.g. viewing certain content, use of functions, etc.) on individual websites in a user profile get saved. Such profiles are used to show users, for example, content that corresponds to their potential interests. This process is also referred to as "tracking", ie following up the potential interests of users. . Insofar as we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

Notes on legal bases: The legal basis on which we process your personal data with the help of cookies depends on whether we ask 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 help 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 fulfill our contractual obligations.

General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or to object to the processing of your data using cookie technologies ( collectively referred to as "opt-out"). You can first explain your objection using the settings of your browser, e.g. by deactivating the use of cookies (which can also restrict the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be declared using a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/ will. In addition, you can receive further objection notices in the context of the information on the service providers and cookies used.

  • Processed data types: usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).

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

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

 

Commercial and business services

We process data from our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners") in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries respond.

We process this data to fulfill our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as the business organization. We only pass on the data of the contractual partners to third parties within the framework of applicable law to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations or with the consent of the contractual partners (e.g. to telecommunications, transport and other auxiliary services and subcontractors involved , Banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.

We inform the contracting partners before or as part of the data collection, e.g. in online forms, by special labeling (e.g. colors) or symbols (e.g. asterisks or similar), or personally, which data are required for the aforementioned purposes.

We delete the data after the expiry of statutory warranty and comparable obligations, i.e. basically after 4 years, unless the data is stored in a customer account, e.g. as long as it has to be kept for archiving reasons for legal reasons (e.g. for Tax purposes usually 10 years). We delete data that has been disclosed to us by the contractual partner in the context of an order in accordance with the specifications of the order, generally after the end of the order.

Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply in the relationship between the users and the providers.

Customer account: Contractual partners can create an account within our online offer (e.g. customer or user account, "customer account" for short). If the registration of a customer account is required, contractual partners will be informed of this as well as the information required for registration. The customer accounts are not public and cannot be indexed by search engines. As part of the registration as well as subsequent logins and uses of the customer account, we save the IP addresses of the customers along with the access times in order to be able to prove the registration and prevent any misuse of the customer account.

If customers have terminated their customer account, the data relating to the customer account will be deleted, subject to their retention being required for legal reasons. It is the customer's responsibility to secure their data if the customer account is terminated.

Shop and e-commerce: We process the data of our customers in order to enable them to select, purchase or order the selected products, goods and related services, as well as their payment and delivery or execution.

The information required is marked as such in the context of the order or comparable purchase process and includes the information required for delivery or provision and billing as well as contact information in order to be able to hold any consultation.

  • Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact details (e.g. e-mail, telephone numbers), contract data (e.g. subject of the contract, duration, customer category), usage data (e.g. websites visited, interest in content , Access times), meta / communication data (e.g. device information, IP addresses).

  • Affected persons: interested parties, business and contractual partners, customers.

  • Purposes of processing: contractual services, contact inquiries and communication, office and organizational procedures, administration and answering of inquiries, security measures.

  • Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b.GDPR), legal obligation (Art. 6 Par. 1 S. 1 lit. 1 S. 1 lit.f. GDPR).

 

Payment service provider

In the context of contractual and other legal relationships, due to legal obligations or otherwise based on our legitimate interests, we offer the data subjects efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively "payment service providers").

The data processed by the payment service provider includes inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sum and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. In other words, we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. The data may be transmitted to credit agencies by the payment service provider. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and the data protection information of the payment service providers.

For payment transactions, the terms and conditions and the data protection information of the respective payment service provider apply, which can be called up within the respective websites or transaction applications. We refer to this also for the purpose of further information and assertion of revocation, information and other rights of data subjects.

  • Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contract data (e.g. subject of the contract, term, customer category), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. Device information, IP addresses).

  • Affected persons: customers, interested parties.

  • Purposes of processing: contractual performance and service.

  • Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Par. 1 S. 1 lit. f. GDPR).

Used services and service providers:

 

Provision of the online offer and web hosting

In order to be able to provide our online offer safely 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 can use infrastructure and platform services, computing capacity, storage space and database services as well as security services and technical maintenance services.

The data processed as part of the provision of the hosting offer can include all information relating to the users of our online offer that is generated in the context of use and communication. This regularly includes the IP address, which is necessary in order to be able to deliver the content of online offers to browsers, and all entries made within our online offer or from websites.

Collection of access data and log files: We (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the web pages 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 belong.

The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of improper attacks, so-called DDoS attacks) and on the other hand to ensure the load on the server and its stability.

  • Processed data types: content data (e.g. text input, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta / communication data (e.g. device information, IP addresses).

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

  • Purposes of processing: contractual performance and service.

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

Used services and service providers:

 

Registration, login and user account

Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and processed for the purpose of providing the user account on the basis of contractual obligations. The processed data includes, in particular, the login information (name, password and an email address). The data entered during registration will be used for the purpose of using the user account and its purpose.

Users can be informed by email about processes that are relevant to their user account, such as technical changes. If users have terminated their user account, their data will be deleted with regard to the user account, subject to a statutory retention requirement. It is up to the users to save their data in the event of termination before the end of the contract. 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 the user account, we save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests as well as those of the users in protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary to pursue our claims or there is a legal obligation to do so.

  • 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), meta / communication data (e.g. device information, IP addresses).

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

  • Purposes of processing: contractual performance and service, security measures, administration and answering of inquiries.

  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b.GDPR), legitimate interests (Art. 6 Para. 1 S. . 1 lit.f. GDPR).

 

contact

When you contact us (e.g. via the contact form, email, telephone or via social media), the details of the inquiring person are processed, insofar as this is necessary to answer the contact inquiries and any requested measures.

The answering of contact inquiries in the context of contractual or pre-contractual relationships takes place to fulfill our contractual obligations or to answer (pre) contractual inquiries and otherwise on the basis of the legitimate interests in answering the inquiries.

  • 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).

  • Affected persons: communication partner.

  • Purposes of processing: contact requests and communication.

  • Legal basis: Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b. GDPR), legitimate interests (Art. 6 Par. 1 S. 1 lit. f. GDPR).

 

Presence in social networks (social media)

We maintain an online presence within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.

We would like to point out that user data can be processed outside of the European Union. This can result in risks for the user because it could make it more difficult to enforce the users' rights, for example. With regard to US providers who are certified under the Privacy Shield or who offer comparable guarantees of a secure level of data protection, we would like to point out that they undertake to comply with EU data protection standards.

Furthermore, the data of users within social networks are usually processed for market research and advertising purposes. For example, usage profiles can be created on the basis of user behavior and the interests of the users resulting therefrom. The usage profiles can in turn be used, for example, to place advertisements inside and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and the interests of the users are stored. Furthermore, data can be stored in the usage profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the possibilities of objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.

In the case of requests for information and the assertion of data subject rights, we point out that these can be most effectively asserted with the providers. Only the providers have access to the data of the users and can take appropriate measures and provide information directly. If you still need help, you can contact us.

  • 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).

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

  • Purposes of processing: contact inquiries and communication, tracking (e.g. interest / behavior-related profiling, use of cookies), remarketing, range measurement (e.g. access statistics, recognition of returning visitors).

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

Used services and service providers:

 

Plugins and embedded functions as well as content

We incorporate functional and content elements into our online offer that are obtained from the servers of their respective providers (hereinafter referred to as "third-party providers"). These can be graphics, videos or social media buttons as well as posts (hereinafter uniformly referred to as "content").

The integration always presupposes that the third-party providers of this content process the IP address of the user, since without the IP address they would not be able to send the content to their browser. The IP address is therefore required for the display of this content or functions. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, the websites to be referred to, the time of visit and other information about the use of our online offer, as well as being linked to such information from other sources.

Notes on legal bases: If we ask users for their consent to the use of third-party providers, the legal basis for processing data is consent. Otherwise, user data will be processed on the basis of our legitimate interests (ie interest in efficient, economical and recipient-friendly services). In this context, we would 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), inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text input, photographs, videos).

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

  • Purposes of processing: Provision of our online offer and user-friendliness, contractual services and services, security measures, administration and answering inquiries.

  • Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a GDPR), contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b.GDPR), legitimate interests (Art. 6 Para. 1 S. . 1 lit.f. GDPR).

Used services and service providers:

 

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as the consents permitted for processing are revoked or other permissions are no longer applicable (e.g. if the purpose of processing this data is no longer applicable or is not required for the purpose).

If the data are not deleted because they are required for other and legally permissible purposes, their processing will be limited to these purposes. In other words, the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax law reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data can also be found in the individual data protection information of this data protection declaration.

 

Change and update of the data protection declaration

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 the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this data protection declaration, please note that the addresses can change over time and ask you to check the information before contacting us.

 

Rights of data subjects

As a data subject, you have various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:

  • Right of objection: You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.

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

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

  • Right to correction: In accordance with the legal requirements, you have the right to request the completion of the data relating to you or the correction of incorrect data relating to you.

  • Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data relating to you be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with the legal requirements.

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

  • Complaint to the supervisory authority: You also have the right, in accordance with the legal requirements, to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of the data concerning you personal data violates the GDPR.

 

Definitions of terms

This section gives you an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and primarily defined in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to aid understanding. The terms are sorted alphabetically.

  • Personal data: "Personal data" are all information that relates to an identified or identifiable natural person (hereinafter "data subject"); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

  • Reach measurement: Reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offer and can include the behavior or interests of visitors in certain information, such as the content of websites. With the help of the reach analysis, website owners can see, for example, at what time visitors visit their website and what content they are interested in. This enables you, for example, to better adapt the content of the website to the needs of your visitors. For the purpose of range analysis, pseudonymous cookies and web beacons are often used in order to recognize returning visitors and thus to receive more precise analyzes of the use of an online offer.

  • Remarketing: One speaks of "remarketing" or "retargeting" when, for example, it is noted for advertising purposes which products a user was interested in on a website in order to remind the user of these products on other websites, for example in advertisements.

  • Tracking: One speaks of "tracking" when the behavior of users can be traced across several online offers. As a rule, behavioral and interest information with regard to the online offers used is stored in cookies or on the servers of the tracking technology providers (so-called profiling). This information can then be used, for example, to show users advertisements that are likely to correspond to their interests.

  • Responsible: "Responsible" is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

  • Processing: "Processing" is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data, be it the collection, evaluation, storage, transmission or deletion.

 

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