Data Protection

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.

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

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.

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.

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.

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.

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).

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.

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.

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.

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).

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.

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.

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.

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. We use the cookies of the following third-party providers on our website:

• Google Analytics
• fotograf.de (Fotografen Online Service GmbH)

10.2. Social Media Plugins

On our website social media plugins (links to social media) of the providers listed below are used. 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.

• Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA)
• Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA)

Last update: 20.05.2019

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.

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:

Emma Mach
info@emmamach.de