Information according to Art. 13, 14 and 21 EU General Data Protection Regulation - GDPR.
We hereby inform you about the processing of your personal data by us and the claims and rights to which you are entitled under data protection regulations. Which data is processed in detail and how it is used depends largely on the services you have requested or agreed with you.
1. Who is responsible for data processing and who can I contact?
2. What sources and data do we use?
We process personal data that we receive from you as part of our business relationship. In addition, to the extent necessary for the provision of our service, we process personal data that we receive from other places (e.g. the facilities in which we take photos, such as schools and kindergartens) permissibly (e.g. to carry out orders, to fulfill contracts or on the basis of one of consent given to you). On the other hand, we process personal data that we have legitimately obtained and are allowed to process from publicly accessible sources (e.g. debtor directories, press, media). Relevant personal data are personal details and contact details (name, address, telephone number and e-mail address). In addition, this can also be order data or data from the fulfillment of our contractual obligations, such as advertising and sales data, documentation data, data on your use of the telemedia we offer and other data comparable to 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 General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
3.1. To fulfill contractual obligations (Art. 6 Para. 1 lit. b GDPR)
The processing of personal data takes place to provide the service as a photographer and the associated sale of pictures taken and their electronic transmission or production of these on photo products and shipping 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 data processing are primarily aimed at obligations from the purchase contract that you enter into with us by placing an order in our shop and can include reminders of important events, among other things. Further details on the purpose of data processing can be found in the respective terms and conditions.
3.2. As part of the balancing of interests (Article 6 (1) (f) GDPR)
If necessary, we process your data beyond the actual fulfillment of the contract to protect our legitimate interests or those of third parties. For: - Advertising or market and opinion research, unless you have objected to the use of your data; Assertion of legal claims and defense in legal disputes; ensuring IT security; Prevention and investigation of criminal offenses; Measures for business management and further development of services and products.
We also collect personal data in the course of our business processes if you send us an inquiry via our contact form. We need this data to process your request. As soon as the request has been processed, we will delete your data.
If we are active at events where our photographic services were used to take pictures, we process the personal data obtained there on the basis of our legitimate interest in carrying out the order placed with us and offering them for sale. Should this be the case, we pointed out the photograph of the people present during the event, as well as a right of objection. Please note that an objection will only take effect in the future. All processing carried out up to that point remains unaffected.
3.3. Based on your consent (Art. 6 Para. 1 lit. a GDPR)
If you have given us your consent to process personal data for specific 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 only applies to the future. Processing that took place before the revocation is not affected.
3.4. Due to legal requirements (Art. 6 Para. 1 lit. c GDPR) or in the public interest (Art. 6 Para. 1 lit. e GDPR)
We also process personal data on the basis of legal requirements. For example, we store billing data (name, address) on the basis of existing legal provisions, such as the storage obligations resulting from the German Commercial Code (HGB) and the Fiscal Code (AO).
4. Who gets my data?
In the course of using the online shop, those departments that need your data to fulfill our contractual and legal obligations will receive it. Processors employed by us (Article 28 GDPR) may also receive data for these purposes. These are companies in the categories [IT services, production of photo products, logistics, telecommunications and debt collection]. Data will only be passed on to recipients outside of Jost Photography if this is required by law, if you have given your consent or if we are authorized to provide information. Under these conditions, recipients of personal data e.g. B. be: - Public bodies and institutions (e.g. supervisory authorities) if there is a legal or official obligation. - Further data recipients can be those bodies for which you have given us your consent to data transmission or have exempted your consent.
5. How long will my data be stored?
If necessary, we process and store your personal data to the extent necessary to meet the obligations arising from our contracts. In addition, we are subject to various storage and documentation obligations, which result from the German Commercial Code (HGB) and the Fiscal Code (AO), among other things. The storage and documentation periods specified there are two to ten years. Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to §§ 195 et seq.
6. Is data transferred to a third country or to an international organization?
Data will only be transferred to third countries (countries outside the European Economic Area, EEA) if this is necessary for the execution of the contracts concluded with you or is required by law or if you have given us your consent. If required by law, we will inform you separately about the details.
7. What data protection rights do you have?
Every data subject has the right to information under Article 15 GDPR, the right to rectification under Article 16 GDPR, the right to erasure under Article 17 GDPR, the right to restriction of processing under Article 18 GDPR and the right to data portability from Art. 20 GDPR. The restrictions according to ßß 34 and 35 BDSG apply to the right to information and the right to deletion. In addition, there is a right of appeal to a data protection supervisory authority (Art. 77 GDPR).
8. Am I obligated to provide data?
As part of our business relationship, you only have to provide the personal data that is necessary for the establishment, implementation and termination of a business relationship or that we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or execute the order, or we will no longer be able to carry out an existing contract and may have to terminate it. Furthermore, in order to provide paid services, it is necessary for us to request additional data, such as processing the payment method you require.
9. Notification of important events
When registering to receive our notification by email and/or SMS, the data you provide will be used exclusively for this purpose. To do this, we log your consent to receiving the notification, including your IP address. Further data is not collected. The data will only be used to send notifications and will only be passed on to third parties for delivery purposes. You can revoke your consent to the processing of your personal data and its use for sending notifications at any time. There is a corresponding link in every notification, and you can object at any time by sending an email to firstname.lastname@example.org. Please note that the revocation only applies to the future. Processing that took place before the revocation is not affected.
10. Third Party Features
What are cookies?
"Cookies" are text files that are stored on your computer and enable 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. Due to the activation of IP anonymization on some websites, your IP address will sometimes be shortened beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Depending on the service provider, such an IP address is stored in abbreviated form.
What is the transmitted data used for?
On behalf of Jost Fotografie, Marc Jost, Bottigenstrasse 24, 3018 Bern-Bümpliz, the third-party provider will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator to provide.
How to turn off cookies?
Google Analytics (Further information at: https://support.google.com/analytics/answer/6004245?hl=de)
Google Adwords (further information at: https://policies.google.com/privacy?hl=de)
New Relic Inc. (More information at: https://newrelic.com/termsandconditions/privacy)
fotograf.de (Further information at: Photographers Online Service GmbH) (https://www.fotograf.de/datenschutzanleitung/)
10.2. Social Media Plugins
Social media plugins (links to social media) from the providers listed below are used on our websites. You can recognize the plugins by the fact that they are marked with the corresponding logo. Information, which may also include personal data, may be sent to the service provider via these plugins and may be used by them. We prevent the unconscious and unwanted collection and transmission of data to the service provider with a 2-click solution. In order to activate a desired social media plugin, it must first be activated by clicking on the corresponding switch. The collection of information and its transmission to the service provider is only triggered by this activation of the plugin. We do not collect any personal data ourselves using the social media plugins or their use. We have no influence on which data an activated plugin collects and how this is used by the provider. It must currently be assumed that a direct connection to the provider's services will be established and at least the IP address and device-related information will be recorded and used. There is also the possibility that the service provider will try to save cookies on the computer used. Which specific data is collected and how it is used can be found in the data protection notices of the respective service provider. Note: If you are logged into Facebook at the same time, Facebook can identify you as a visitor to a specific page. We have integrated the social media buttons of the following companies on our website:
Facebook Inc. (1601 S. California Ave - Palo Alto - CA 94304 - USA) (More information at: https://www.facebook.com/policy.php)
Twitter Inc. (795 Folsom St. - Suite 600 - San Francisco - CA 94107 - USA) (More information at: https://twitter.com/de/privacy)
Pinterest Europe Ltd. (Palmerston House, 2nd Floor - Fenian Street - Dublin 2, Ireland) (More information at: https://policy.pinterest.com/de/privacy-policy)
WhatsApp Ireland Limited (4 Grand Canal Square - Grand Canal Harbor - Dublin 2) (More information at: https://www.whatsapp.com/legal/?l=en#terms-of-service)
Google Plus/Google Inc. (1600 Amphitheater Parkway - Mountain View - CA 94043 - USA) (More information at https://policies.google.com/privacy?hl=de)
Information about your right to object
according to Art. 21 GDPR
1. General right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data relating to you, which is based on Article 6 (1) (f) of the GDPR (data processing on the basis of a balance of interests). to insert If you file an objection, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims.
2. Right to object to the processing of data for direct marketing purposes
In individual cases, we process your personal data in order to carry out 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 direct marketing purposes, 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: