Data Protection

INFORMATION BY ART. 13, 14 AND 21 EU BAS IC DATA PROTECTION REGULATION – DSGVO.

Preamble

We hereby inform you about the processing of your personal data by us and the claims and rights to which you are entitled according to the data protection regulations. Which data is processed in detail and how it is used depends largely on the services you request or agree with us.

1. Who is responsible for data processing and who can I contact?

Responsible is: Emma Mach, Hauptstraße 42, 67691
Hochspeyer, info@emmamach.de

2. What sources and data do we use?

We process personal data which we receive from you within the scope of our business relationship. In addition, we process, to the extent necessary for the provision of our services, personal data that we have received from other sources (e.g. the facilities in which we take photographs, such as schools and day-care centres) permissibly (e.g. for the execution of orders, for the performance of contracts or on the basis of a consent given by you). On the other hand, we process personal data that we have obtained and are permitted to process from publicly accessible sources (e.g. debtor directories, press, media). Relevant personal data are personal data and contact data (name, address, telephone number and e-mail address). In addition, this can also include order data or data from the fulfilment of our contractual obligations, such as advertising and sales data, documentation data, data on your use of our tele media services and other data comparable with the categories mentioned.

3. What do we process your data for (purpose of processing) and on what legal basis?

We process personal data in accordance with the provisions of the European Data Protection Basic Regulation (DSGVO) and the Federal Data Protection Act (BDSG).

3.1. TO FULFIL CONTRACTUAL OBLIGATIONS (ART. 6 PARA. 1 LIT. B DSGVO)

The processing of personal data is carried out to provide the service as a photographer and the associated sale of images taken and their electronic transmission or production on photo products and dispatch to customers and in particular to carry out our contracts or pre-contractual measures with you and the execution of your orders. The purposes of the data processing are directed primarily obligations from the sales contract, which you enter with us by ordering in our shop and can include among other things reminders to important events. Further details on the purpose of data processing can be found in the respective terms and conditions.

3.2. IN THE CONTEXT OF BALANCING INTERESTS (ART. 6 PARA. 1 LIT. F DSGVO)

If necessary, we process your data beyond the actual fulfilment of the contract to protect the legitimate interests of us or third parties. For: – advertising or market and opinion research, provided that you have not objected to the use of your data; assertion of legal claims and defense in legal disputes; warranty of IT security; prevention and clarification of criminal offences; measures for business management and further development of services and products.

Should we be active at events at which our photographic services were used for image recording, we process the personal data obtained there due to the legitimate interest to carry out the order placed with us and to offer it for purchase. Should this be the case, we have pointed out the photograph of the persons present during the event, as well as a right of objection. Please note that a contradiction will only take effect in the future. All processing carried out up to that point shall remain unaffected by this.

3.3. ON THE BASIS OF YOUR CONSENT (ART. 6 PARA. 1 LIT. A DSGVO)

If you have given us permission to process personal data for certain purposes (e.g. publication or use of images), the legality of this processing is given on the basis of your consent. A given consent can be revoked at any time with effect for the future. Please note that the revocation will only take effect in the future. Processing that took place before the revocation is not affected by this.

3.4. BASED ON LEGAL REQUIREMENTS (ART. 6 PARA. 1 LIT. C DSGVO) OR IN THE PUBLIC INTEREST (ART. 6 PARA. 1 LIT. E DSGVO)

We also process personal data on the basis of legal requirements. For example, we store invoice data (name, address) on the basis of existing legal provisions, such as the storage obligations arising from the German Commercial Code (HGB) and the German Tax Code (AO).

4. Who gets my data?

In the course of the use of the online shop, those places that need your data to fulfil our contractual and legal obligations will receive it. Also contract processors used by us (Art. 28 DSGVO) may receive data for these purposes. These are companies in the categories of IT services, production of photographic products, logistics, telecommunications and debt collection. Data will only be passed on to recipients outside Emma Mach Photography if this is required by law, you have consented or we are authorized to provide information. Public bodies and institutions (e.g. supervisory authorities) where there is a legal or official obligation. – Further data recipients can be those places for which you have given us your consent for data transfer or have exempted us from such consent.

5. How long will my data be stored?

To the extent necessary, we process and store your personal data to the extent necessary to comply with our contractual obligations. In addition, we are subject to various storage and documentation obligations, including those arising from the German Commercial Code (HGB) and the Fiscal Code (AO). The time limits for storage and documentation specified there are between two and ten years. Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to §§ 195 et seq. of the German Civil Code (BGB) can generally be 3 years, but in certain cases also up to thirty years.

6. Are data transferred to a third country or to an international organisation?

Data will only be transferred to third countries (states outside the European Economic Area, EEA) if this is necessary or legally required to execute the contracts concluded with you or if you have given us your consent. We will inform you separately about the details, if required by law.

7. What data protection rights do you have?

Every data subject has the right to information pursuant to Art. 15 DSGVO, the right to rectification pursuant to Art. 16 DSGVO, the right to cancellation pursuant to Art. 17 DSGVO, the right to limitation of processing pursuant to Art. 18 DSGVO and the right to data transfer pursuant to Art. 20 DSGVO. The restrictions according to §§ 34 and 35 BDSG apply to the right to information and the right to cancellation. In addition, there is a right of appeal to a data protection supervisory authority (Art. 77 DSGVO).

8. Am I obligated to provide data?

As part of our business relationship, you must only provide personal data that is necessary for the establishment, performance and termination of a business relationship or which we are legally obliged to collect. Without this data we will normally have to refuse the conclusion of the contract or the execution of the order or will no longer be able to execute an existing contract and may have to terminate it. Furthermore, it is necessary for us to request additional data on how to process your desired payment method in order to provide chargeable services.

9. Notification of Important Events

When you register to receive our notification by e-mail and/or SMS, the data you provide will be used exclusively for this purpose. For this purpose, we record your consent to receive the notification including your IP address. Further data will not be collected. The data will be used exclusively for sending notifications and will be passed on to third parties only for the purpose of delivery. You can revoke your consent to the processing of your personal data and its use for sending notifications at any time. In every notification you will find a corresponding link, and you can also object at any time by sending an e-mail to info@emmamach.de. Please note that the revocation will only take effect in the future. Processing that took place before the revocation is not affected by this.

10. Third-partyFeatures

10.1. COOKIES
WHAT ARE COOKIES?

“Cookies” are text files that are stored on your computer and allow an analysis of your use of the website.

WHAT EXACTLY DO COOKIES DO?

The information generated by the cookie about your use of this website is usually transmitted to a server and stored there. However, due to the activation of IP anonymization on some web pages, your IP address may be shortened previously within Member States of the European Union or in other Contracting States to the Agreement on the European Economic Area. Depending on the service provider, such an IP address will be stored abbreviated.

WHAT IS THE USE OF THE TRANSFERRED DATA FOR?

On behalf of Emma Mach, the third-party provider will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services to the website operator relating to website activity and internet usage.

HOW TO TURN COOKIES OFF?

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. What third-party cookies are used? We use the cookies of the following third-party providers on our website:

10.2. SOCIAL MEDIA PLUGINS

On our website’s social media plugins (links to social media) of the providers listed below are used. You can recognize the plugins by the fact that they are marked with the corresponding logo. These plugins may be used to send information, including personal data, to the service provider and may be used by the service provider. We prevent the unconscious and unwanted collection and transfer of data to the service provider through a 2-click solution. To activate a desired social media plugin, it must first be activated by clicking on the corresponding button. Only when the plugin is activated will the collection of information and its transmission to the service provider be triggered. We do not collect any personal data ourselves by means of the social media plugins or through their use. We have no influence on which data an activated plugin collects and how it is used by the provider. At present, it must be assumed that a direct connection to the provider’s services will be developed and that at least the IP address and device-related information will be collected and used. It is also possible that the service providers may attempt to store cookies on the computer used. Please refer to the data protection information of the respective service provider to find out which concrete data are collected and how they are used. Note: If you are logged in to Facebook at the same time, Facebook can identify you as a visitor to a specific page. We have included the social media buttons of the following companies on our website:

Last update: 20.05.2019

INFORMATION ABOUT YOUR RIGHT OF OBJECTION

BY TYPE. 21 DS -GVO

1. General Right of Objection

You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 para. 1 lit. f of the DSGVO (Data Processing on the Basis of a Weighing of Interests). If you file an objection, we will no longer process your personal data unless we can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms or the processing serves the assertion, exercise or defense of legal claims.

2. The Right to Object to the Processing of Data for Direct Marketing Purposes

In individual cases we process your personal data in order to operate direct advertising. You have the right to object at any time to the processing of your personal data for the purpose of such advertising. If you object to the processing for purposes of direct marketing, we will no longer process your personal data for these purposes. The objection must be addressed in writing by e-mail to the following contact person:

© 2020 Emma Mach Photography