§ 1 General
Your personal data (for example, title, name, address, e-mail address, telephone number, bank details, credit card number) will only be processed by me in accordance with the provisions of German data protection law and the data protection law of the European Union (EU). In addition to the processing purposes, recipients, legal bases, storage periods, the following provisions also inform you about your rights and those responsible for your data processing. This Privacy Policy applies only to my websites. If you are forwarded to other pages via links on my pages, please inform yourself there about the respective handling of your data.
§ 2 Data processing for contract fulfillment
(1) Processing purpose
Your personal data, which you provide me with in the order process, is required for a contract with me. You are not required to provide your personal information. However, I can not send you the goods without your address. For some payment methods, I require the necessary payment data in order to pass it on to a payment service provider commissioned by me. The processing of your data entered during the ordering process is therefore carried out for the purpose of fulfilling the contract.
If you send me an inquiry by e-mail, via a contact form, etc., before the conclusion of the contract, I process the data obtained in this way to carry out pre-contractual measures and answer, e.g. Your questions about my products.
(2) Legal basis
The legal basis for this processing is Article 6 (1) (b) GDPR.
(3) Recipient categories
Payment service provider:
PayPal / PayPal Plus
Sparkasse Mittelsachsen
Stripe
Shipping service (only for non-download products):
Deutsche Post
DHL
DPD
UPS
Hosting Provider:
Kontent Internet Service Provider
Collection of access data and log files
Me, or my hosting provider, collect Data on the basis of my legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR on every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved web page, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
(4) Storage duration
I store the data required for the execution of the contract until the expiry of the statutory warranty and, if applicable, contractual guarantee periods.
I retain the data required under commercial and tax law for the periods specified by law, usually ten years (see § 257 HGB, § 147 AO).
The data processed for the implementation of pre-contractual measures will be deleted as soon as the measures have been carried out and no obvious conclusion is reached.
(5) intentionally deleted
intentionally deleted
§ 3 Information about cookies
(1) Processing purpose
Technically necessary cookies are used on this website. These are small text files that are stored in or from your Internet browser on your computer system. These cookies allow e.g. inserting multiple products into a shopping cart.
(2) Legal basis
The legal basis for this processing is Article 6 (1) (f) GDPR.
(3) Legitimate interest
My legitimate interest is the functionality of my website. The user data collected by technically necessary cookies will not be used to create user profiles. This will protect your interest in privacy.
(4) Storage duration
The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies have a different lifespan of a few minutes to several years.
(5) Opposition right
If you do not want to save these cookies, please deactivate the acceptance of these cookies in your internet browser. However, this can result in a functional restriction of my website. Permanently stored cookies can also be deleted at any time via your browser.
§ 4 Newsletter
(1) Processing purpose
When subscribing to the newsletter, your e-mail address will be used for advertising purposes, ie. in the context of the newsletter I inform you in particular about products from my assortment. For statistical purposes I can evaluate which links are clicked in the newsletter. It is not clear to me which specific person has clicked. To subscribe to the newsletter, it is sufficient to enter your e-mail address. Your consent to this is as follows: “NEWSLETTER” – “Zum Anmelden bei einer oder mehreren unserer Mailinglisten benützen Sie das nachfolgende Formular!” – “Subscribe”. The registration for my newsletter takes place in the so-called double opt-in procedure. For legal reasons, an e-mail will be sent to the e-mail address entered by an affected person for the first time after the registration, after which you will be asked to confirm your registration. This confirmation email serves to check whether the owner of the e-mail address as the person concerned has authorized the receipt of the newsletter.
(2) Legal basis
The legal basis for this processing is Article 6 (1) (a) GDPR.
(3) Recipient categories
Newsletter – Shipping Service Provider:
The newsletter is sent by the shipping service provider phpList Ltd. (Address: Kneath Point, 8a Flitton Rd, Greenfield, Bedfordshire, K45 5DJ United Kingdom, company number 07582966).
The privacy policy of the shipping service provider can be viewed here: https://www.phplist.com/privacy. The shipping service provider is based on my legitimate interests gem. Art. 6 para. 1 lit. f GDPR and a contract processing agreement acc. Art. 28 (3) sentence 1 GDPR . The shipping service provider may retrieve the data of the recipients in pseudonymous form, i. without assignment to a user, to optimize or improve their own services, e.g. for the technical optimization of shipping and the presentation of newsletters or for statistical purposes. However, the shipping service provider does not use the data of my newsletter recipients to address them themselves or to pass the data on to third parties.
(4) Storage duration
Your e-mail address will only be saved for newsletter delivery for the duration of the requested registration.
(5) Right of withdrawal
You may unsubscribe to the newsletter at any time using the corresponding unsubscribe link in the newsletter (by clicking on the “opt-out completely” button), by clicking on the “Abmelden” button on the page https://newstest.animate-records.com/lists/?p=unsubscribe or unsubscribe by message to me, the contact details can be found in my imprint. Your e-mail address will then be deleted from the mailing list. A deregistration from the receipt of the newsletter is automatically interpreted as a revocation.
(6) Use the e-mail address for sending direct advertising mail
Unless you have objected, I use your e-mail address, which I obtained in connection with the sale of a good or service for the electronic transmission of advertising for own goods or services, which are similar to those that you already purchased from me to have. You may object to this use of your e-mail address at any time by notifying me. The contact details for the exercise of the contradiction can be found in the imprint. You can also use the provided link in the advertising email. There are no other costs than the transmission costs according to the basic tariffs.
§ 5 Rights of the data subject
If personal data are processed by you, are you affected in the sense of the GDPR and you have the following rights towards me as responsible:
1. Right to information
As part of the Articel 15 GDPR you may request confirmation from me as to whether personal information concerning you is processed by me.
If such processing is available, you can request information from me via the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to rectification or deletion of personal data concerning you, a right of restriction of my processing or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the source of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether the personal data relating to you are transferred to a third country or an international organization. In this regard, you can request the appropriate warranties in accordance with. Art. 46 GDPR to be informed in connection with the transfer.
2. Right to rectification
As part of the Articel 16 GDPR you have a right to rectification and / or completion to me if the personal data you process is incorrect or incomplete. I have to make the correction immediately.
3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of your personal information for a period of time that enables me to verify the accuracy of your personal information;
(2) if the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
(3) if I no longer need your personal information for the purposes of processing, but you need it to assert, exercise or defend your rights, or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it has not yet been determined whether the legitimate reasons to which I am entitled outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by me before the restriction is lifted.
4. Right to cancellation
a) Obligation to delete
Under the conditions of Article 17 GDPR you may require me to immediately delete your personal information and I am required to delete that information immediately, if any of the following is true:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, to which the processing acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
(3) According to. Art. 21 para. 1 GDPR objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 para. 2 GDPR objection to processing.
(4) Your personal data have been processed unlawfully.
(5) The deletion of your personal data is required to fulfill a legal obligation under Union or national law to which I am subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.
b) Information to third parties
Have I made the personal data concerning you public and I am acc. Article 17 (1) of the GDPR, I shall take appropriate measures, including technical ones, to inform the controllers responsible for the processing of personal data, taking into account the available technology and the costs of implementation, that you: the person concerned has requested the deletion of any links to such personal data or copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which I am subject, or to carry out a task of public interest or in the exercise of official authority which has been delegated to me;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
(4) for archival purposes of public interest, for scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have the right to rectify, delete or restrict the processing to me, I shall be obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients.
6. Right to Data Portability
You have the right to receive personally identifiable information you provide to me in a structured, common and machine-readable format. You also have the right to transfer this data to another person without hindrance, provided that
(1) the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR is based and
(2) the processing is done by automated means.
In exercising this right, you also have the right to obtain that personal data concerning you are transmitted directly by me to another person responsible, as far as this is technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority that has been delegated to me.
7. Right to object
For reasons arising from your particular situation, you have the right at any time against the processing of personal data relating to you, which pursuant to Art. 6 para. 1 lit. e or f GDPR takes an objection; this also applies to profiling based on these provisions.
I will then no longer process your personal information, unless I can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, pursuing or defending legal claims.
If the personal data relating to you are processed for direct marketing purposes (direct advertising mail), you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
If you object to the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to opt-out by means of automated procedures that use technical specifications.
8. Right to revoke the data protection consent declaration
Under Articel 7 (3) of the GDPR, you have the right to revoke your data protection consent declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9. Automated decision on a case-by-case basis, including profiling
You have the right not to be subjected to a decision based solely on automated processing – including profiling – that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision
(1) is required for the conclusion or performance of a contract between you and me,
(2) is permitted under Union or Member State legislation to which I am subject, and where such legislation contains reasonable measures to safeguard your rights and freedoms and your legitimate interests, or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g, and reasonable measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases mentioned in (1) and (3), I take reasonable steps to uphold the rights and freedoms and your legitimate interests.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, according to Article 77 GDPR you shall have the right to complain to a supervisory authority, in particular in the Member State of your place of residence, employment or the place of the alleged infringement, if you believe that the processing of the personal data concerning you is against the GDPR violates.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.
§6 Use of payment service providers
Privacy Policy for PayPal as method of payment:
The controller has integrated components from PayPal on this website. PayPal is an online payment service provider. Payments are made through so-called PayPal accounts, which are virtual private or business accounts. In addition, PayPal has the ability to process virtual payments through credit cards if a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also takes on trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxemburg.
If the data subject selects “PayPal” as a payment option during the ordering process in my online shop, data of the data subject will be automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transfer of personal data required for payment processing.
The personal data transmitted to PayPal are usually first name, last name, address, email address, IP address, telephone number, mobile phone number or other data required for payment processing. For the execution of the purchase contract also necessary personal data, which are in connection with the respective order.
The purpose of the transmission of the data is payment processing and fraud prevention. The controller will provide PayPal with personally identifiable information, in particular if there is a legitimate interest in the transfer. The personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit reporting agencies. This transmission aims at the identity and credit check.
PayPal may disclose personal information to affiliates and service providers or subcontractors, to the extent necessary to fulfill its contractual obligations or to process the data on behalf of it.
The data subject has the option to revoke the consent to the handling of personal data against PayPal at any time. A revocation has no effect on personal data that must be processed, used or transmitted for (contractual) payment processing.
PayPal’s applicable privacy policy is available at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
Privacy policy for Stripe as payment method:
Stripe is a service of Stripe Payments Europe Ltd. in Ireland or American Stripe Inc. Payments are made via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom I provide your information communicated during the ordering process and the information about your order (Name, address, account number, bank code, possibly credit card number, invoice amount, currency and transaction number) in accordance with Article 6 para. 1 lit. b GDPR. The transfer of your data is exclusively for the purpose of payment processing with the payment service provider Stripe Payments Europe Ltd. and only insofar as it is necessary for this. For more information about Stripe privacy, visit the URL https://stripe.com/privacy.
§7 Google webfonts
To visually improved display of various information on this site Google Webfonts are used. The web fonts are thereby transferred when the page is called into the cache of the browser in order to use them for display. If the browser does not support Google Web fonts or prohibits access, the text will be displayed in a standard font. Data submitted in connection with the page view is sent to resource-specific domains such as fonts.googleapis.com or fonts.gstatic.com. You can set your browser to not load the fonts from the Google servers (for example, by installing add-ons such as NoScript or Ghostery for Firefox). If your browser does not support Google Fonts or you block access to Google servers, the text will be displayed in the system default font.
For information about Google Webfont’s privacy policy, please visit: https://developers.google.com/fonts/faq#Privacy
General privacy information is available at the Google Privacy Center at: http://www.google.com/intl/de-DE/privacy/
§8 Comments
(1) Processing purpose
It is possible to write a comment. Your data (eg name / alias, e-mail address, website) will then be processed only for the purpose of publishing your comment.
(2) Legal basis
The legal basis for this processing is Article 6 (1) (f) GDPR.
(3) Legitimate interest
My legitimate interest is the public exchange of user opinions on specific topics and products. The publication is used inter alia. the transparency and opinion forming. Your interest in data protection is maintained, as you can publish your comment under a pseudonym.
(4) storage duration
A certain storage period is not provided. You can request the deletion of your comment at any time.
(5) Opposition right
You have the right to object to the processing of data on the basis of Article 6 (1) (f) GDPR and not to direct mail for reasons arising from your particular situation.
In the case of direct mail, however, you can object to the processing at any time without stating reasons.
§9 Jetpack
On the basis of my legitimate interests (ie interest in the analysis, optimization and economic operation of my online offer within the meaning of Art. 6 (1) lit. DSGVO) I use the plugin, which integrates a tool for the statistical evaluation of visitor access and Automattic Inc., 60 29th Street # 343, 94110 San Francisco, CA, USA. Jetpack uses cookies, which are stored on your computer and which allow an analysis of the use of the website by you.
The information generated by the cookie about your use of this online offer is stored on a server in the United States. Here, user profiles of the users can be created from the processed data, these being used only for analysis and not for advertising purposes.
For more information, please refer to Automattic’s Privacy Policy: https://automattic.com/privacy/ and Jetpack Cookie Hints: https://jetpack.com/support/cookies/.
Responsible for data processing:
Andy Reich (Collapse of Art)
Glückauf-Str. 88
09603 Großschirma
Telephone: +49-(0)37328/129696
animate-records@web.de
Text created and continuously updated by janolaw AG (possibly supplements and translation by Andy Reich). Janolaw AG guarantees the legal certainty of this text and is liable in case of warnings. Further information can be found at: janolaw AG.
letzte Aktualisierung: 29.09.2022