Privacy policy
This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within the framework of the provision of our services as well as within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as “online offer”). With regard to the terms used, such as “processing” or “responsible party”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Responsible person
Dr. René Latotzky
Mommsenstrasse 2
10629 Berlin
Germany
Email: contact(at)frileuse.com
Types of data processed
– inventory data (e.g. personal master data, names or addresses)
– Contact details (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)
Categories of data subjects
Visitors and users of the online offer (in the following we refer to the persons concerned collectively also as “users”).
Purpose of the processing
– Provision of the online offer, its functions and contents
– Responding to contact requests and communication with users.
– Security measures
– Reach measurement / marketing
Used terms
“Personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as ‘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 on-line identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. “Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data. “pseudonymisation” shall mean the processing of personal data in such a way that the personal data cannot be related to a specific data subject without the use of supplementary information, provided that this supplementary information is kept separate and is subject to technical and organisational measures ensuring that the personal data is not related to an identified or identifiable natural person “profiling” shall mean any automated processing of personal data consisting in using such personal data to evaluate certain personal aspects relating to a natural person, in particular in order to analyse or predict aspects relating to the performance of work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location of that natural person Controller” shall mean the 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” shall mean any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. The following applies to users from the scope of the Basic Data Protection Regulation (DSGVO), i.e. the EU and EEC, unless the legal basis is stated in the data protection declaration: The legal basis for obtaining consents is Art. 6 Paragraph 1 lit. a and Art. 7 DSGVO; The legal basis for processing for the purpose of fulfilling our services and implementing contractual measures and answering enquiries is Art. 6 Paragraph 1 lit. b DSGVO; The legal basis for processing for the purpose of fulfilling our legal obligations is Art. 6 Paragraph 1 lit. c DSGVO; In the event that vital interests of the data subject or another natural person make it necessary to process personal data, Art. 6 Paragraph 1 lit. d DSGVO serves as the legal basis The legal basis for the processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Article 6 paragraph 1 letter e of the DPA. The legal basis for the processing necessary to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. The processing of data for purposes other than those for which they were collected is governed by the provisions of Art. 6 para. 4 DSGVO. The processing of special categories of data (in accordance with Art. 9 para. 1 DSGVO) is governed by the provisions of Art. 9 para. 2 DSGVO.
Security 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 nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk. Such measures shall include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to data, as well as access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and we respond to data threats. Furthermore, we take the protection of personal data into account as early as the development and selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings.
Cooperation with contract processors, jointly responsible parties and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors, jointly responsible parties or third parties), transfer it to them or otherwise grant them access to the data, this is only done on the basis of a legal authorization (e.g. if the data must be transferred to third parties, such as payment service providers, in order to fulfill a contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosters, etc.). If we disclose, transmit or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, moreover, on a basis that complies with the legal requirements.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of using the services of third parties or disclosure or transfer of data to other persons or companies, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transfer, we process or allow data to be processed only in third countries with a recognized level of data protection, including the US processors certified under the “Privacy Shield” or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission).
Rights of data subjects
Right of access: You have the right to obtain confirmation as to whether or not data in question are being processed and to be given access to such data and to receive further information and copies of the data in accordance with the law. Right of rectification: You have the right to request, in accordance with the law, the completion of the data concerning you or the rectification of inaccurate data concerning you. Right to erasure and restriction of processing: You have the right to request that data concerning you be erased immediately in accordance with the law or, alternatively, to request a restriction of processing in accordance with the law. Right to data transferability: You have the right to receive data concerning you which you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transferred to another responsible party. Complaints to the supervisory authority: You also have the right to lodge a complaint with the competent supervisory authority in accordance with the statutory provisions.
Right of withdrawal
You have the right to revoke given consents with effect for the future.
Right of objection
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e or f of the DPA; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
Cookies and right of objection for direct mail
Cookies” are small files that are stored on the user’s computer. Different information 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 his visit to an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. 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 cookies of this person, they are called “first-party cookies”). We may use temporary and permanent cookies and provide information about this in our privacy policy.
If we ask users to give their consent to the use of cookies (e.g. in the context of a cookie consent), the legal basis for this processing is Art. 6 para. 1 lit. a. DSGVO. Otherwise, the users’ personal cookies will be processed in accordance with the following explanations within the framework of this data protection declaration 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. DSGVO) or insofar as the use of cookies is necessary for the provision of our contract-related services, in accordance with Art. 6 Para. 1 lit. b. DSGVO, or if the use of cookies is necessary for the performance of a task in the public interest or in the exercise of official authority, pursuant to Art. 6 para. 1 lit. e. DSGVO, processed. If users do not wish cookies to be stored on their computer, they are requested to deactivate the corresponding 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 can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that not all functions of this online offer can be used then.
Deletion of data
The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. 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 the deletion does not conflict with any statutory storage obligations. 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 is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
Changes and updates to the privacy policy
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 changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. consent) or to receive other individual notification.
Comments and contributions
If users leave comments or other contributions, their IP addresses may be changed on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO for 7 days. This is done for our security if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.). 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 in accordance with Art. 6 para. 1 lit. f. DSGVO, we reserve the right to process the information provided by users for the purpose of spam detection. On the same legal basis, we reserve the right to store the IP addresses of users for the duration of surveys and to use cookies in order to avoid multiple votes. The personal information provided in the comments and contributions, any contact and website information as well as the content information will be permanently stored by us until the users object.
Contact
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details will be used to process the contact request and its handling in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other requests) DSGVO are processed… The information provided by users may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation. We delete the enquiries if they are no longer required. We review the necessity every two years; furthermore, the statutory archiving obligations apply.
Hosting and e-mail dispatch
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 offer. For this purpose, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f DSGVO in conjunction with Art. 28 DSGVO (conclusion of contract processing agreement).
