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Privacy Policy

  • Privacy Policy

  • We are very pleased about your interest in our company. Data protection is of particularly high importance to the management of herzensbild. The use of the herzensbild website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain the consent of the data subject.

  • The processing of personal data, such as name, address, email address, or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to herzensbild. By means of this privacy policy, our company would like to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed of their rights by means of this privacy policy.

  • As the controller, herzensbild has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed via this website. Nevertheless, internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us via alternative means, for example by telephone.

  • 1. Definitions

  • The privacy policy of herzensbild is based on the terminology used by the European legislator in the adoption of the General Data Protection Regulation (GDPR). Our privacy policy is intended to be easy to read and understand for the public as well as our customers and business partners. Therefore, we explain the terminology used below.

  • In this privacy policy, we use, among others, the following terms:

  • a) Personal data
    Personal data means any information relating to an identified or identifiable natural person (“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 online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

  • b) Data subject
    A data subject is any identified or identifiable natural person whose personal data are processed by the controller.

  • c) Processing
    Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

  • d) Restriction of processing
    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • e) Profiling
    Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

  • f) Pseudonymization
    Pseudonymization means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g) Controller
    Controller means 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. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h) Processor
    Processor means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

  • i) Recipient
    Recipient means a natural or legal person, public authority, agency, or another body, to whom personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

  • j) Third party
    Third party means a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

  • k) Consent
    Consent of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

  • 2. Name and Address of the Controller

  • Controller within the meaning of the GDPR, other data protection laws applicable in the Member States of the European Union, and other provisions related to data protection is:

  • Lara Härtl Fotografie
    Spann 15
    22848 Norderstedt
    Germany
    Phone: +49 177 8875799
    Email: info@herzensbild.com
    Website: www.herzensbild.com

  • 3. Collection of General Data and Information

  • The herzensbild website collects a series of general data and information each time a data subject or an automated system accesses the website. These general data and information are stored in the server log files. The following may be collected: (1) browser types and versions, (2) operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-pages accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) other similar data and information that serve to prevent danger in the event of attacks on our information technology systems.

  • When using these general data and information, herzensbild does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. These anonymously collected data and information are therefore evaluated by herzensbild both statistically and with the aim of increasing data protection and data security in our company, in order ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

  • 4. Contact Possibility via the Website

  • The herzensbild website contains information that enables quick electronic contact with our company as well as direct communication with us, including a general electronic mail address (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted voluntarily by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no transfer of these personal data to third parties.

  • 5. Routine Erasure and Blocking of Personal Data

  • The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as long as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.

  • If the purpose of storage no longer applies or a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with statutory provisions.

  • 6. Rights of the Data Subject

  • a) Right of confirmation
    Each data subject has the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right, he or she may contact our data protection officer or another employee of the controller at any time.

  • b) Right of access
    Each data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller free information about his or her stored personal data and a copy of such information at any time. Furthermore, the European legislator has granted the data subject access to the following information:

  • the purposes of processing

  • the categories of personal data concerned

  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations

  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period

  • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing

  • the existence of the right to lodge a complaint with a supervisory authority

  • where the personal data are not collected from the data subject, any available information as to their source

  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

  • Furthermore, the data subject has the right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.

  • If a data subject wishes to exercise this right of access, he or she may contact our data protection officer or another employee of the controller at any time.

  • c) Right to rectification
    Each data subject has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

  • If a data subject wishes to exercise this right, he or she may contact our data protection officer or another employee of the controller at any time.

  • d) Right to erasure (right to be forgotten)
    Each data subject has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as processing is not necessary:

  • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

  • The data subject withdraws consent on which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for the processing.

  • The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.

  • The personal data have been unlawfully processed.

  • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

  • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

  • If any of the above grounds apply and a data subject wishes to request the erasure of personal data stored by herzensbild, he or she may contact our data protection officer or another employee of the controller at any time. The data protection officer of herzensbild or another employee will ensure that the erasure request is complied with immediately.

  • If the personal data have been made public by herzensbild and our company is obliged pursuant to Article 17(1) GDPR to erase the personal data, herzensbild shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data, insofar as processing is not required. The data protection officer of herzensbild or another employee will arrange the necessary measures in individual cases.

  • e) Right to restriction of processing
    Each data subject has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.

  • The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

  • If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by herzensbild, he or she may contact our data protection officer or another employee of the controller at any time. The data protection officer of herzensbild or another employee will arrange the restriction of processing.

  • f) Right to data portability
    Each data subject has the right granted by the European legislator to receive the personal data concerning him or her, which were provided to a controller, in a structured, commonly used, and machine-readable format. The data subject also has the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

  • Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.

  • To assert the right to data portability, the data subject may contact the data protection officer appointed by herzensbild or another employee at any time.

  • g) Right to object
    Each data subject has the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

  • herzensbild shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.

  • If herzensbild processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to herzensbild to the processing for direct marketing purposes, herzensbild will no longer process the personal data for these purposes.

  • In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by herzensbild for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

  • To exercise the right to object, the data subject may contact the data protection officer of herzensbild or another employee. The data subject is also free to exercise his or her right to object by automated means using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

  • h) Automated individual decision-making, including profiling
    Each data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, unless the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

  • Where the decision (1) is necessary for entering into, or performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, herzensbild shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view, and to contest the decision.

  • If a data subject wishes to exercise rights concerning automated individual decision-making, he or she may contact our data protection officer or another employee of the controller at any time.

  • i) Right to withdraw consent under data protection law
    Each data subject has the right granted by the European legislator to withdraw his or her consent to processing of personal data at any time.

  • If a data subject wishes to exercise the right to withdraw consent, he or she may contact our data protection officer or another employee of the controller at any time.

  • 7. Legal Basis for Processing

  • Article 6(1)(a) GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, such as processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries regarding our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third parties. In this case, processing would be based on Article 6(1)(d) GDPR. Finally, processing operations may be based on Article 6(1)(f) GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are permitted in particular because they have been specifically mentioned by the European legislator. In this respect, it was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 sentence 2 GDPR).

  • 8. Legitimate Interests Pursued by the Controller or by a Third Party

  • Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities in favor of the well-being of all our employees and shareholders.

  • 9. Period for Which the Personal Data Are Stored

  • The criterion for the duration of the storage of personal data is the respective statutory retention period. After expiry of that period, the corresponding data are routinely deleted, provided that they are no longer required for the performance or initiation of a contract.

  • 10. Legal or Contractual Requirements for the Provision of Personal Data; Necessity for the Conclusion of a Contract; Obligation of the Data Subject to Provide the Personal Data; Possible Consequences of Failure to Provide Such Data

  • We inform you that the provision of personal data is in part required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., details of the contracting party). In some cases, it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before personal data are provided by the data subject, the data subject must contact our data protection officer. Our data protection officer informs the data subject on a case-by-case basis whether the provision of personal data is required by law or contract or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of failure to provide the personal data.

  • 11. Existence of Automated Decision-Making

  • As a responsible company, we do not use automated decision-making or profiling.

  • This privacy policy was generated by the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, acting as External Data Protection Officer Bavaria, in cooperation with data protection lawyer Christian Solmecke.

  • Server Log Files

  • The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

  • Browser type and browser version

  • Operating system used

  • Referrer URL

  • Hostname of the accessing computer

  • Time of the server request

  • These data cannot be assigned to specific persons. A merging of these data with other data sources is not carried out. We reserve the right to check these data retrospectively if we become aware of specific indications of unlawful use.

  • Contact Form

  • If you send us inquiries via the contact form, your details from the inquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on these data without your consent.

  • Facebook

  • Our pages include plugins of the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. You can recognize the Facebook plugins by the Facebook logo or the “Like” button on our site. An overview of Facebook plugins can be found here: https://developers.facebook.com/docs/plugins/.

  • When you visit our pages, the plugin establishes a direct connection between your browser and the Facebook server. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while you are logged into your Facebook account, you can link the contents of our pages to your Facebook profile. This allows Facebook to associate your visit to our pages with your user account. We point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or their use by Facebook. Further information can be found in Facebook’s privacy policy at: https://de-de.facebook.com/policy.php.

  • If you do not want Facebook to associate your visit to our pages with your Facebook user account, please log out of your Facebook account.

  • Instagram

  • Our pages include functions of the Instagram service. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA. If you are logged into your Instagram account, you can link the contents of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our pages with your user account. We point out that as the provider of the pages, we have no knowledge of the content of the transmitted data or their use by Instagram.

  • Further information can be found in Instagram’s privacy policy:
    https://instagram.com/about/legal/privacy/

  • Pinterest

  • Our site uses social plugins of the social network Pinterest, operated by Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103-490, USA (“Pinterest”). If you access a page that contains such a plugin, your browser establishes a direct connection to Pinterest’s servers. The plugin transmits log data to Pinterest’s server in the USA. These log data may include your IP address, the addresses of the visited websites that also contain Pinterest functions, type and settings of the browser, date and time of the request, your use of Pinterest, and cookies.

  • Further information on the purpose, scope, and further processing and use of the data by Pinterest, as well as your rights and options for protecting your privacy, can be found in Pinterest’s privacy policy:
    https://about.pinterest.com/de/privacy-policy

  • Tumblr

  • Our pages use buttons of the Tumblr service. The provider is Tumblr, Inc., 35 East 21st St, 10th Floor, New York, NY 10010, USA. These buttons enable you to share a post or a page on Tumblr or to follow the provider on Tumblr. When you access one of our websites with a Tumblr button, the browser establishes a direct connection with Tumblr’s servers.

  • We have no influence on the scope of the data that Tumblr collects and transmits using this plugin. According to the current state of knowledge, the user’s IP address and the URL of the respective website are transmitted.

  • Further information can be found in Tumblr’s privacy policy:
    https://www.tumblr.com/policy/de/privacy

  • Right to Information, Erasure, Blocking

  • You have the right at any time to free information about your stored personal data, their origin and recipients, and the purpose of data processing, as well as a right to correction, blocking, or deletion of these data. For this purpose and for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.

  • Source: eRecht24

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