Privacy Policy & Terms of Use
Privacy
Policy
Personal
data (usually referred to just as “data” below) will only be
processed by us to the extent necessary and for the purpose of providing a
functional and user-friendly website, including its contents, and the services
offered there.
Per
Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection
Regulation (hereinafter referred to as the “GDPR”),
“processing” refers to any operation or set of operations such as
collection, recording, organization, structuring, storage, adaptation, alteration,
retrieval, consultation, use, disclosure by transmission, dissemination, or
otherwise making available, alignment, or combination, restriction, erasure, or
destruction performed on personal data, whether by automated means or not.
The
following privacy policy is intended to inform you in particular about the
type, scope, purpose, duration, and legal basis for the processing of such data
either under our own control or in conjunction with others. We also inform you
below about the third-party components we use to optimize our website and
improve the user experience which may result in said third parties also
processing data they collect and control.
Our
privacy policy is structured as follows:
I.
Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing
I. Information about us as
controllers of your data
The party responsible for this website
(the “controller”) for purposes of data protection law is:
Highpassionstudios GbR
Vogelweidestr 14
97523 Schwanfeld, Bavaria
Germany
Telephone: +49176 30184156
Email:
f.bernhardt@highpassionstudios.com
The controller’s data protection officer
is:
Florentin Bernhardt
Vogelweidestr 14
97523 Schwanfeld, Bavaria
Germany
Telephone: +49176 30184156
Email:
f.bernhardt@highpassionstudios.com
II. The rights of users and
data subjects
With
regard to the data processing to be described in more detail below, users and
data subjects have the right
·
to confirmation of whether data
concerning them is being processed, information about the data being processed,
further information about the nature of the data processing, and copies of the
data (cf. also Art. 15 GDPR);
·
to correct or complete incorrect or
incomplete data (cf. also Art. 16 GDPR);
·
to the immediate deletion of data
concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further
processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said
processing per Art. 18 GDPR;
·
to receive copies of the data concerning
them and/or provided by them and to have the same transmitted to other
providers/controllers (cf. also Art. 20 GDPR);
·
to file complaints with the supervisory
authority if they believe that data concerning them is being processed by the
controller in breach of data protection provisions (see also Art. 77 GDPR).
In
addition, the controller is obliged to inform all recipients to whom it
discloses data of any such corrections, deletions, or restrictions placed on
processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation
does not apply if such notification is impossible or involves a
disproportionate effort. Nevertheless, users have a right to information about
these recipients.
Likewise,
under Art. 21 GDPR, users and data subjects have the right to object to the
controller’s future processing of their data pursuant to Art. 6 Para. 1 lit. f)
GDPR. In particular, an objection to data processing for the purpose of direct
advertising is permissible.
III. Information about the
data processing
Your data
processed when using our website will be deleted or blocked as soon as the
purpose for its storage ceases to apply, provided the deletion of the same is
not in breach of any statutory storage obligations or unless otherwise
stipulated below.
Server data
For
technical reasons, the following data sent by your internet browser to us or to
our server provider will be collected, especially to ensure a secure and stable
website: These server log files record the type and version of your browser,
operating system, the website from which you came (referrer URL), the webpages
on our site visited, the date and time of your visit, as well as the IP address
from which you visited our site.
The data
thus collected will be temporarily stored, but not in association with any
other of your data.
The basis
for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies
in the improvement, stability, functionality, and security of our website.
The data
will be deleted within no more than seven days, unless continued storage is
required for evidentiary purposes. In which case, all or part of the data will
be excluded from deletion until the investigation of the relevant incident is
finally resolved.
Cookies
a) Session cookies
We use
cookies on our website. Cookies are small text files or other storage
technologies stored on your computer by your browser. These cookies process
certain specific information about you, such as your browser, location data, or
IP address.
This
processing makes our website more user-friendly, efficient, and secure,
allowing us, for example, to display our website in different languages or to
offer a shopping cart function.
The legal
basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these
cookies are used to collect data to initiate or process contractual
relationships.
If the
processing does not serve to initiate or process a contract, our legitimate
interest lies in improving the functionality of our website. The legal basis is
then Art. 6 Para. 1 lit. f) GDPR.
When you
close your browser, these session cookies are deleted.
b) Third-party cookies
If
necessary, our website may also use cookies from companies with whom we
cooperate for the purpose of advertising, analyzing, or improving the features
of our website.
Please
refer to the following information for details, in particular for the legal
basis and purpose of such third-party collection and processing of data
collected through cookies.
c) Disabling cookies
You can
refuse the use of cookies by changing the settings on your browser. Likewise,
you can use the browser to delete cookies that have already been stored.
However, the steps and measures required vary, depending on the browser you
use. If you have any questions, please use the help function or consult the
documentation for your browser or contact its maker for support. Browser
settings cannot prevent so-called flash cookies from being set. Instead, you
will need to change the setting of your Flash player. The steps and measures
required for this also depend on the Flash player you are using. If you have
any questions, please use the help function or consult the documentation for
your Flash player or contact its maker for support.
If you
prevent or restrict the installation of cookies, not all of the functions on
our site may be fully usable.
Contact
If you
contact us via email or the contact form, the data you provide will be used for
the purpose of processing your request. We must have this data in order to
process and answer your inquiry; otherwise we will not be able to answer it in
full or at all.
The legal
basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.
Your data
will be deleted once we have fully answered your inquiry and there is no
further legal obligation to store your data, such as if an order or contract
resulted therefrom.
User posts, comments, and ratings
We offer
you the opportunity to post questions, answers, opinions, and ratings on our
website, hereinafter referred to jointly as “posts.” If you make use
of this opportunity, we will process and publish your post, the date and time
you submitted it, and any pseudonym you may have used.
The legal
basis for this is Art. 6 Para. 1 lit. a) GDPR. You may revoke your prior
consent under Art. 7 Para. 3 GDPR with future effect. All you have to do is
inform us that you are revoking your consent.
In
addition, we will also process your IP address and email address. The IP
address is processed because we might have a legitimate interest in taking or
supporting further action if your post infringes the rights of third parties
and/or is otherwise unlawful.
In this
case, the legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest
lies in any legal defense we may have to mount.
Online job applications / publication of
job advertisements
We offer
you the opportunity to apply for jobs with our company via our website. In the
case of these digital applications, we collect your application data
electronically in order to process your application.
The legal
basis for this processing is §26 Para. 1 S. 1 BDSG in conjunction with Art. 88
Para. 1 GDPR.
If you
are hired as a result of the application process, we will store the data you
provide during the application process in your personnel file for the purpose
of the usual organizational and administrative process, naturally in compliance
with further legal obligations.
The legal
basis for this processing is §26 Para. 1 S. 1 BDSG in conjunction with Art. 88
Para. 1 GDPR.
If we do
not hire you, we will automatically delete the data submitted to us two months
after the final decision is made. We will not delete the data, however, if we
must store the data for legal reasons such as evidence of equal treatment of
applicants, until any legal action is concluded, or four months.
In this
case, the legal basis is Art. 6 Para. 1 lit. f) GDPR and §24 Para. 1 No. 2
BDSG. Our legitimate interest lies in any legal defense we may have to mount .
If you
expressly consent to a longer storage of your data, e.g. for your inclusion in
a database of applicants or interested parties, the data will be processed
further on the basis of your consent. The legal basis is then Art. 6 Para. 1
lit. a) GDPR. You may withdraw your consent at any time with future effect per
Art. 7 Para. 3 GDPR with future effect.
YouTube
We
maintain an online presence on YouTube to present our company and our services
and to communicate with customers/prospects. YouTube is a service of Google
Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, a subsidiary
of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043 USA.
We would
like to point out that this might cause user data to be processed outside the
European Union, particularly in the United States. This may increase risks for
users that, for example, may make subsequent access to the user data more
difficult. We also do not have access to this user data. Access is only
available to YouTube.
The
YouTube privacy policy can be found here:
https://policies.google.com/privacy
Facebook
To
advertise our products and services as well as to communicate with interested
parties or customers, we have a presence on the Facebook platform.
On this
social media platform, we are jointly responsible with Facebook Ireland Ltd., 4
Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland.
The data
protection officer of Facebook can be reached via this contact form:
https://www.facebook.com/help/contact/540977946302970
We have
defined the joint responsibility in an agreement regarding the respective
obligations within the meaning of the GDPR. This agreement, which sets out the
reciprocal obligations, is available at the following link:
https://www.facebook.com/legal/terms/page_controller_addendum
The legal
basis for the processing of the resulting and subsequently disclosed personal
data is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the
analysis, communication, sales, and promotion of our products and services.
The legal
basis may also be your consent per Art. 6 para. 1 lit. a GDPR granted to the
platform operator. Per Art. 7 para. 3 GDPR, you may revoke this consent with
the platform operator at any time with future effect.
When
accessing our online presence on the Facebook platform, Facebook Ireland Ltd.
as the operator of the platform in the EU will process your data (e.g. personal
information, IP address, etc.).
This data
of the user is used for statistical information on the use of our company
presence on Facebook. Facebook Ireland Ltd. uses this data for market research
and advertising purposes as well as for the creation of user profiles. Based on
these profiles, Facebook Ireland Ltd. can provide advertising both within and
outside of Facebook based on your interests. If you are logged into Facebook at
the time you access our site, Facebook Ireland Ltd. will also link this data to
your user account.
If you
contact us via Facebook, the personal data your provide at that time will be
used to process the request. We will delete this data once we have completely
responded to your query, unless there are legal obligations to retain the data,
such as for subsequent fulfillment of contracts.
Facebook
Ireland Ltd. might also set cookies when processing your data.
If you do
not agree to this processing, you have the option of preventing the
installation of cookies by making the appropriate settings in your browser.
Cookies that have already been saved can be deleted at any time. The
instructions to do this depend on the browser and system being used. For Flash
cookies, the processing cannot be prevented by the settings in your browser,
but instead by making the appropriate settings in your Flash player. If you
prevent or restrict the installation of cookies, not all of the functions of
Facebook may be fully usable.
Details
on the processing activities, their suppression, and the deletion of the data
processed by Facebook can be found in its privacy policy:
https://www.facebook.com/privacy/explanation
It cannot
be excluded that the processing by Facebook Ireland Ltd. will also take place
in the United States by Facebook Inc., 1601 Willow Road, Menlo Park, California
94025.
Instagram
To
advertise our products and services as well as to communicate with interested
parties or customers, we have a presence on the Instagram platform.
On this
social media platform, we are jointly responsible with Facebook Ireland Ltd., 4
Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.
The data
protection officer of Instagram can be reached via this contact form:
https://www.facebook.com/help/contact/540977946302970
We have
defined the joint responsibility in an agreement regarding the respective
obligations within the meaning of the GDPR. This agreement, which sets out the
reciprocal obligations, is available at the following link:
https://www.facebook.com/legal/terms/page_controller_addendum
The legal
basis for the processing of the resulting and subsequently disclosed personal
data is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the
analysis, communication, sales, and promotion of our products and services.
The legal
basis may also be your consent per Art. 6 para. 1 lit. a GDPR granted to the
platform operator. Per Art. 7 para. 3 GDPR, you may revoke this consent with
the platform operator at any time with future effect.
When
accessing our online presence on the Instagram platform, Facebook Ireland Ltd.
as the operator of the platform in the EU will process your data (e.g. personal
information, IP address, etc.).
This data
of the user is used for statistical information on the use of our company
presence on Instagram. Facebook Ireland Ltd. uses this data for market research
and advertising purposes as well as for the creation of user profiles. Based on
these profiles, Facebook Ireland Ltd. can provide advertising both within and
outside of Instagram based on your interests. If you are logged into Instagram
at the time you access our site, Facebook Ireland Ltd. will also link this data
to your user account.
If you
contact us via Instagram, the personal data your provide at that time will be
used to process the request. We will delete this data once we have completely
responded to your query, unless there are legal obligations to retain the data,
such as for subsequent fulfillment of contracts.
Facebook
Ireland Ltd. might also set cookies when processing your data.
If you do
not agree to this processing, you have the option of preventing the
installation of cookies by making the appropriate settings in your browser.
Cookies that have already been saved can be deleted at any time. The
instructions to do this depend on the browser and system being used. For Flash
cookies, the processing cannot be prevented by the settings in your browser,
but instead by making the appropriate settings in your Flash player. If you
prevent or restrict the installation of cookies, not all of the functions of
Instagram may be fully usable.
Details
on the processing activities, their suppression, and the deletion of the data
processed by Instagram can be found in its privacy policy:
https://help.instagram.com/519522125107875
It cannot
be excluded that the processing by Facebook Ireland Ltd. will also take place
in the United States by Facebook Inc., 1601 Willow Road, Menlo Park, California
94025.
Social media links via graphics
We also
integrate the following social media sites into our website. The integration
takes place via a linked graphic of the respective site. The use of these
graphics stored on our own servers prevents the automatic connection to the
servers of these networks for their display. Only by clicking on the corresponding
graphic will you be forwarded to the service of the respective social network.
Once you
click, that network may record information about you and your visit to our
site. It cannot be ruled out that such data will be processed in the United
States.
Initially,
this data includes such things as your IP address, the date and time of your
visit, and the page visited. If you are logged into your user account on that
network, however, the network operator might assign the information collected
about your visit to our site to your personal account. If you interact by
clicking Like, Share, etc., this information can be stored your personal user
account and possibly posted on the respective network. To prevent this, you
need to log out of your social media account before clicking on the graphic.
The various social media networks also offer settings that you can configure
accordingly.
The
following social networks are integrated into our site by linked graphics:
Facebook
Facebook
Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, a subsidiary of
Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA.
Privacy Policy: https://www.facebook.com/policy.php
YouTube
Google
Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland, a subsidiary of
Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA
Privacy Policy: https://policies.google.com/privacy
Instagram
Facebook
Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, a subsidiary of
Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA.
Privacy Policy: https://help.instagram.com/519522125107875
Facebook plug-in
Our
website uses the plug-in of the Facebook social network. Facebook.com is a
service provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304,
USA. In the EU, this service is also operated by Facebook Ireland Limited, 4
Grand Canal Square, Dublin 2, Ireland, hereinafter both referred to as
“Facebook.”
The legal
basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving
the quality of our website.
Further
information about the possible plug-ins and their respective functions is
available from Facebook at
https://developers.facebook.com/docs/plugins/
If the
plug-in is stored on one of the pages you visit on our website, your browser
will download an icon for the plug-in from Facebook’s servers in the USA. For
technical reasons, it is necessary for Facebook to process your IP address. In
addition, the date and time of your visit to our website will also be recorded.
If you
are logged in to Facebook while visiting one of our plugged-in websites, the
information collected by the plug-in from your specific visit will be
recognized by Facebook. The information collected may then be assigned to your
personal account at Facebook. If, for example, you use the Facebook Like
button, this information will be stored in your Facebook account and published
on the Facebook platform. If you want to prevent this, you must either log out
of Facebook before visiting our website or use an add-on for your browser to
prevent the Facebook plug-in from loading.
Further
information about the collection and use of data as well as your rights and
protection options in Facebook’s privacy policy found at
https://www.facebook.com/policy.php
Twitter plug-in
Our
website uses the plug-in of the Twitter social network. The Twitter service is
operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107,
USA (“Twitter”).
The legal
basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving
the quality of our website.
If the
plug-in is stored on one of the pages you visit on our website, your browser
will download an icon for the plug-in from Twitter’s servers in the USA. For
technical reasons, it is necessary for Twitter to process your IP address. In
addition, the date and time of your visit to our website will also be recorded.
If you
are logged in to Twitter while visiting one of our plugged-in websites, the
information collected by the plug-in from your specific visit will be
recognized by Twitter. The information collected may then be assigned to your
personal account at Twitter. If, for example, you use the Twitter Tweet button,
this information will be stored in your Twitter account and may be published on
the Twitter platform. To prevent this, you must either log out of Twitter
before visiting our site or make the appropriate settings in your Twitter
account.
Further
information about the collection and use of data as well as your rights and
protection options in Twitter’s privacy policy found at
Google+ plug-in
We use
the plug-in of the Google+ social network on our website. Google+ is an online
service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin
4, Irland (hereinafter: Google).
The legal
basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving
the quality of our website.
Further
information about the possible plug-ins and their respective functions is
available from Google at
https://developers.google.com/+/web/
If the
plug-in is stored on one of the pages you visit on our website, your browser
will download an icon for the plug-in from Google’s servers in the USA. For
technical reasons, it is necessary for Google to process your IP address. In
addition, the date and time of your visit to our website will also be recorded.
If you
are logged in to Google while visiting one of our plugged-in websites, the
information collected by the plug-in from your specific visit will be
recognized by Google. The information collected may then be assigned to your
personal account at Google. If, for example, you use the +1 button, this
information will be stored in your Google Account and may be published on the
Google platform. To prevent this, you must either log out of Google before
visiting our site or make the appropriate settings in your Google account.
Further
information about the collection and use of data as well as your rights and
protection options in Google’s privacy policy found at
https://policies.google.com/privacy
Google Analytics
We use
Google Analytics on our website. This is a web analytics service provided by
Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland
(hereinafter: Google).
The
Google Analytics service is used to analyze how our website is used. The legal
basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the
analysis, optimization, and economic operation of our site.
Usage and
user-related information, such as IP address, place, time, or frequency of your
visits to our website will be transmitted to a Google server in the United
States and stored there. However, we use Google Analytics with the so-called
anonymization function, whereby Google truncates the IP address within the EU
or the EEA before it is transmitted to the US.
The data
collected in this way is in turn used by Google to provide us with an
evaluation of visits to our website and what visitors do once there. This data
can also be used to provide other services related to the use of our website
and of the internet in general.
Google
states that it will not connect your IP address to other data. In addition,
Google provides further information with regard to its data protection
practices at
https://www.google.com/intl/de/policies/privacy/partners,
including
options you can exercise to prevent such use of your data.
In
addition, Google offers an opt-out add-on at
https://tools.google.com/dlpage/gaoptout?hl=en
in
addition with further information. This add-on can be installed on the most
popular browsers and offers you further control over the data that Google
collects when you visit our website. The add-on informs Google Analytics’
JavaScript (ga.js) that no information about the website visit should be
transmitted to Google Analytics. However, this does not prevent information
from being transmitted to us or to other web analytics services we may use as
detailed herein.
Google-Maps
Our
website uses Google Maps to display our location and to provide directions.
This is a service provided by Google Ireland Limited, Gordon House, Barrow
Street, Dublin 4, Irland (hereinafter: Google).
To enable
the display of certain fonts on our website, a connection to the Google server
in the USA is established whenever our website is accessed.
If you
access the Google Maps components integrated into our website, Google will
store a cookie on your device via your browser. Your user settings and data are
processed to display our location and create a route description. We cannot
prevent Google from using servers in the USA.
The legal
basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in
optimizing the functionality of our website.
By
connecting to Google in this way, Google can determine from which website your
request has been sent and to which IP address the directions are transmitted.
If you do
not agree to this processing, you have the option of preventing the installation
of cookies by making the appropriate settings in your browser. Further details
can be found in the section about cookies above.
In addition, the use of Google
Maps and the information obtained via Google Maps is governed by the Google Terms of Use https://policies.google.com/terms?gl=DE&hl=en and
the Terms and Conditions for Google
Maps https://www.google.com/intl/de_de/help/terms_maps.html.
Google
also offers further information at
https://adssettings.google.com/authenticated
https://policies.google.com/privacy
YouTube
We use
YouTube on our website. This is a video portal operated by YouTube LLC, 901
Cherry Ave, 94066 San Bruno, CA, USA, hereinafter referred to as
“YouTube”.
YouTube
is a subsidiary of Google Ireland Limited, Gordon House, Barrow Street, Dublin
4, Irland, hereinafter referred to as “Google”.
We use
YouTube in its advanced privacy mode to show you videos. The legal basis is
Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the
quality of our website. According to YouTube, the advanced privacy mode means
that the data specified below will only be transmitted to the YouTube server if
you actually start a video.
Without
this mode, a connection to the YouTube server in the USA will be established as
soon as you access any of our webpages on which a YouTube video is embedded.
This
connection is required in order to be able to display the respective video on
our website within your browser. YouTube will record and process at a minimum
your IP address, the date and time the video was displayed, as well as the
website you visited. In addition, a connection to the DoubleClick advertising
network of Google is established.
If you
are logged in to YouTube when you access our site, YouTube will assign the
connection information to your YouTube account. To prevent this, you must
either log out of YouTube before visiting our site or make the appropriate
settings in your YouTube account.
For the
purpose of functionality and analysis of usage behavior, YouTube permanently
stores cookies on your device via your browser. If you do not agree to this
processing, you have the option of preventing the installation of cookies by
making the appropriate settings in your browser. Further details can be found
in the section about cookies above.
Further
information about the collection and use of data as well as your rights and
protection options in Google’s privacy policy found at
https://policies.google.com/privacy
CloudFlare
To secure
our website and to optimize loading times, we use the CloudFlare CDN (content
delivery network). This is a service of Cloudflare Inc., 101 Townsend Street,
San Francisco, California 94107, USA, hereinafter referred to as
“CloudFlare”.
The legal
basis for collecting and processing this information is Art. 6 Para. 1 lit. f)
GDPR. Our legitimate interest lies in the secure operation of our website and in
its optimization.
If you
access our website, your queries are forwarded to CloudFlare servers.
Statistical access data about your visit to our website is collected and
CloudFlare stores a cookie on your terminal device via your browser. Access
data includes
– your IP
address;
– the
page(s) on our site that you access;
– type
and version of internet browser you are using;
– your
operating system;
– the
website from which you came prior to visiting our website (referrer URL);
– your
length of stay on our site; and
– the
frequency with which our pages are accessed.
The data
is used by CloudFlare for statistical evaluations of the accesses as well as
for the security and optimization of the offer.
If you do
not agree to this processing, you have the option of preventing the
installation of cookies by making the appropriate settings in your browser.
Further details can be found in the section about cookies above.
CloudFlare
offers further information about its data collection and processing as well
your rights and your options for protecting your privacy at this link:
https://www.cloudflare.com/privacypolicy/.
Model Data Protection Statement for Anwaltskanzlei
Weiß & Partner