1 Introduction
With the following information of this data protection declaration we would like to give you as the „data subject“ an overview of the processing of your personal data by us and your rights under data protection laws. In principle, it is possible to use our website without entering any personal data. However, if you would like to use special services of our company via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain your consent.
The processing of personal data, such as your name, address or e-mail address, always takes place in accordance with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to Frank Schimmels. By means of this data protection declaration, we would like to inform you about the scope and purpose of the personal data we collect, use and process.
As the person responsible for processing, we have implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are free to transmit personal data to us in alternative ways, for example by telephone or post.
2. Responsibility
The person responsible within the meaning of the GDPR is:
Frank Schimmels
Am Stadtgraben 19
31515 Wunstorf
Germany
3. Definitions
The data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
- Personal Data
Personal data is any information relating to an identified or identifiable natural person. A natural person is considered to be identifiable if, directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or to one or more special features, the expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person can be identified. - Data Subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller (our company). - Processing
Processing is any process carried out with or without the help of automated procedures or any such series of processes in connection with personal data such as collecting, recording, organizing, arranging, storing, adapting or changing, reading out, querying, using, disclosure by transmission, distribution or any other form of making available, matching or linking, restriction, deletion or destruction. - Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing. - Profiling
Profiling is any type of automated processing of personal data, which consists in using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict that natural person’s preferences, interests, reliability, behavior, whereabouts or relocation. - Pseudonymization
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data not assigned to an identified or identifiable natural person. - Processors
Processor is a natural or legal person, public authority, institution or other body that processes personal data on behalf of the person responsible. - Recipient
Recipient is a natural or legal person, public authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, authorities that may receive personal data in the context of a specific investigation mandate under Union or Member State law are not considered recipients. - Third
Third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct responsibility of the controller or the processor, are authorized to process the personal data. - Consent
Consent is any expression of will voluntarily given by the data subject in an informed manner and unequivocally for the specific case in the form of a declaration or other clear confirmatory action with which the data subject indicates that they consent to the processing of their personal data is.
4. Legal basis for processing
Article 6 (1) (a) GDPR (in conjunction with Section 25 (1) TTDSG) serves our company 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 to fulfill a contract to which you are a party, as is the case, for example, with processing operations that are necessary for the provision of a service or consideration, the processing is based on Art. 6 Para. 1 lit. b GDPR. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our services.
If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Article 6 (1) (c) GDPR.
In rare cases, the processing of personal data could become necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Article 6 Paragraph 1 Letter d GDPR.
Ultimately, processing operations could 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 the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the person concerned do not prevail. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if you are a customer of our company (recital 47 sentence 2 DS-GVO).
5. Transmission of data to third parties
Your personal data will not be transmitted to third parties for purposes other than those listed below.
We only pass on your personal data to third parties if:
- you have given us your express consent to this in accordance with Article 6 (1) (a) GDPR,
- the transfer according to Art. 6 Para. 1 lit. f DS-GVO is permissible to protect our legitimate interests and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data,
- in the event that there is a legal obligation for the transfer according to Art. 6 Para. 1 lit. c DS-GVO, as well as
- this is legally permissible and required for the processing of contractual relationships with you in accordance with Article 6 (1) (b) GDPR.
As part of the processing operations described in this data protection declaration, personal data may be transmitted to the USA. The USA does not have an adequate level of data protection (ECJ: Schrems II judgment). In particular, US investigative authorities can oblige US companies to hand over or disclose personal data without the persons concerned being able to take effective legal action against this. In principle, there is the possibility that your personal data will be processed by US investigative authorities. We have no influence on these processing activities. In order to protect your data, we have concluded data processing agreements based on the standard contractual clauses of the European Commission. If the standard contractual clauses are not sufficient to create an adequate level of security, your consent can serve as the legal basis for transmission to third countries in accordance with Article 49 (1) (a) GDPR. This sometimes does not apply to data transfers to third countries for which the European Commission has issued an adequacy decision in accordance with Art. 45 GDPR.
6. Technique
6.1 SSL/TLS Encryption
This site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the fact that in the address line of the browser there is “https://” instead of “http://” and by the lock symbol in your browser line.
We use this technology to protect your transmitted data.
6.2 Data collection when visiting the website
If you only use our website for informational purposes, i.e. if you do not register or otherwise transmit information to us, we only collect data that your browser transmits to our server (in so-called „server log files“). Our website collects a range of general data and information each time you or an automated system access a page. This general data and information is stored in the log files of the server. This can be recorded:
- browser types and versions used,
- the operating system used by the accessing system,
- the website from which an accessing system reaches our website (so-called referrer),
- the sub-websites, which are controlled via an accessing system on our website,
- the date and time of access to the website,
- an internet protocol address (IP address) and,
- the internet service provider of the accessing system.
When using this general data and information, we do not draw any conclusions about your person. Rather, this information is required in order to
- deliver the content of our website correctly,
- to optimize the content of our website and the advertising for it,
- to ensure the permanent functionality of our IT systems and the technology of our website as well as
- to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack.
This collected data and information is therefore evaluated by us on the one hand statistically and also with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The data of the server log files are stored separately from all personal data provided by an affected person.
The legal basis for data processing is Article 6 Paragraph 1 Clause 1 Letter f GDPR. Our legitimate interest follows from the data collection purposes listed above.
7. Cookies
7.1 General information about cookies
Cookies are small files that your browser creates automatically and that are stored on your IT system (laptop, tablet, smartphone, etc.) when you visit our site.
Information is stored in the cookie that results from the connection with the specific end device used. However, this does not mean that we are immediately informed of your identity.
The use of cookies serves to make the use of our offer more pleasant for you. We use so-called session cookies to recognize that you have already visited individual pages on our website. These are automatically deleted after leaving our site.
In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a specific period of time. If you visit our site again to make use of our services, it will automatically be recognized that you have already been with us and what inputs and settings you have made so that you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and to evaluate our offer for the purpose of optimization. These cookies enable us to automatically recognize when you visit our website again that you have already visited it. The cookies set in this way are automatically deleted after a defined period of time. The respective storage period of the cookies can be found in the settings of the consent tool used.
7.2 Legal Basis for using Cookies
The data processed by the cookies, which is required for the proper functioning of the website, is therefore required to protect our legitimate interests and those of third parties in accordance with Article 6 (1) (f) GDPR.
For all other cookies, you have given your consent to this via our opt-in cookie banner within the meaning of Article 6 (1) (a) GDPR.
8. Content of our website
8.1 Registration as a User
You have the option of registering on our website by providing personal data.
Which personal data is transmitted to us results from the respective input mask used for registration. The personal data you enter will only be collected and stored for internal use by us and for our own purposes. We can arrange for the transfer to one or more processors who also use the personal data exclusively for internal use attributable to us.
By registering on our website, the IP address assigned by your Internet service provider (ISP), the date and time of registration are also saved. This data is stored against the background that this is the only way to prevent misuse of our services, and that this data enables crimes committed to be clarified if necessary. In this respect, the storage of this data is necessary for our security. In principle, this data is not passed on to third parties. This does not apply if we are legally obliged to pass it on or if it is used for criminal prosecution.
Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from our database.
Upon request, we will provide you with information about what personal data is stored about you at any time. Furthermore, we correct or delete personal data at your request, provided that there are no legal storage requirements to the contrary. A data protection officer named in this data protection declaration and all other employees are available to the person concerned as contact persons in this context.
The processing of your data takes place in the interest of a comfortable and simple use of our website. This represents a legitimate interest within the meaning of Article 6 (1) (f) GDPR.
8.2 Data processing when opening a customer account and for contract processing
In accordance with Article 6 (1) (b) GDPR, personal data is collected and processed if you provide it to us to execute a contract or open a customer account. Which data is collected can be seen from the respective input forms. Your customer account can be deleted at any time and can be done, among other things, by sending a message to the above address of the person responsible. We store and use the data you provide to process the contract. After the contract has been completed or your customer account has been deleted, your data will be blocked, taking into account the retention periods under tax and commercial law, and deleted after these periods have expired, unless you have expressly consented to further use of your data or we have reserved the right to continue using the data as permitted by law, about which we will inform you accordingly below.
8.3 Data processing for order processing
The personal data we collect will be processed as part of contract processing. We pass on your payment data to the commissioned credit institute as part of the payment process, provided this is necessary for the payment process. If payment service providers are used, we will explicitly inform you about this below. The legal basis for the transfer of data is Article 6 (1) (b) GDPR.
8.4 Contact / contact form
When contacting us (e.g. via contact form or e-mail), personal data is collected. Which data is collected when using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for establishing contact and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request in accordance with Article 6 Paragraph 1 Letter f of the GDPR. If your contact is aimed at concluding a contract, the additional legal basis for processing is Art. 6 (1) (b) GDPR. Your data will be deleted after your request has been finally processed. This is the case if it can be inferred from the circumstances that the facts in question have been finally clarified and the deletion does not conflict with any statutory storage obligations.
9. Newsletter dispatch
9.1 Promotional Newsletters
On our website you are given the opportunity to subscribe to our company’s newsletter. Which personal data is transmitted to us when ordering the newsletter results from the input mask used for this purpose.
We inform our customers and business partners about our offers at regular intervals by means of a newsletter. You can only receive our company’s newsletter if
- you have a valid email address and
- you have registered to receive the newsletter.
For legal reasons, a confirmation e-mail will be sent to the e-mail address you entered for the first time for the newsletter dispatch using the double opt-in procedure. This confirmation e-mail is used to check whether you, as the owner of the e-mail address, have authorized receipt of the newsletter.
When registering for the newsletter, we also store the IP address of the IT system you used at the time of registration assigned by your Internet Service Provider (ISP) as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of your e-mail address at a later date and therefore serves our legal protection.
The personal data collected as part of registering for the newsletter will only be used to send our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration in this regard, as could be the case in the event of changes to the newsletter offer or changes in the technical conditions. The personal data collected as part of the newsletter service will not be passed on to third parties. You can cancel your subscription to our newsletter at any time. The consent to the storage of personal data that you have given us for sending the newsletter can be revoked at any time. There is a corresponding link in every newsletter for the purpose of revoking consent. It is also possible to inform us of the revocation in another way.
The legal basis for data processing for the purpose of sending the newsletter is Article 6 (1) (a) GDPR.
10. Our activities on social networks
So that we can also communicate with you in social networks and inform you about our services, we are represented there with our own pages. If you visit one of our social media pages, we are jointly responsible for processing with the provider of the respective social media platform with regard to the processing operations triggered by this within the meaning of Art. 26 DS-GVO.
We are not the original provider of these pages, but only use them within the scope of the possibilities offered to us by the respective provider.
Therefore, as a precautionary measure, we would like to point out that your data may also be processed outside the European Union or the European Economic Area. Use can therefore be associated with data protection risks for you, since the protection of your rights, e.g. to information, deletion, objection, etc. could be more difficult and processing in the social networks is often carried out directly for advertising purposes or to analyze user behavior by the provider, without us being able to influence this. If usage profiles are created by the provider, cookies are often used or the usage behavior is assigned to your own member profile of the social networks that you have created.
The processing operations of personal data described are carried out in accordance with Article 6 Paragraph 1 Letter f GDPR on the basis of our legitimate interest and the legitimate interest of the respective provider in order to communicate with you in a timely manner or to inform you about our services can. If you have to give your consent to data processing as a user with the respective providers, the legal basis relates to Article 6(1)(a) GDPR in conjunction with Article 7 GDPR.
Since we have no access to the data stocks of the providers, we would like to point out that it is best to assert your rights (e.g. to information, correction, deletion, etc.) directly with the respective provider. We have listed further information on the processing of your data in the social networks below for the respective social network provider we use:
10.1 Facebook
(Co-)responsible for data processing in Europe:
Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
Privacy Policy (Privacy Policy):
https://www.facebook.com/about/privacy
10.2 Instagram
(Co-)responsible for data processing in Germany:
Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland
Privacy Policy (Privacy Policy):
https://instagram.com/legal/privacy/
11. Web analysis
11.1 Google Analytics Universal
On our websites we use Google Analytics, a web analytics service provided by Google Ireland Limited (https://www.google.de/intl/de/about/), Gordon House, Barrow Street, Dublin 4, Ireland („Google“). In this context, pseudonymised usage profiles are created and cookies (see “Cookies”) are used. The information generated by the cookie about your use of this website such as
- the browser type/version,
- the operating system used,
- the referrer URL (the previously visited page),
- the host name of the accessing computer (IP address) and
- time of server request,
are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website and internet use for the purposes of market research and the needs-based design of these websites. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).
You can prevent the installation of cookies by setting the browser software accordingly; we would like to point out to you however that in this case not all functions of this website can be used in full.
These processing operations only take place if you have given your express consent in accordance with Article 6 (1) (a) GDPR.
You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https: //tools.google.com/dlpage/gaoptout?hl=de).
You can view the data protection provisions of Google Analytics at: https://support.google.com/analytics/answer/6004245?hl=de
12. Plugins and other Services
12.1 Google Maps
We use Google Maps (API) on our website. The operating company of Google Maps is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Limited is part of the Google group of companies with headquarters at 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Google Maps is a web service for displaying interactive (land) maps to visually display geographic information. By using this service, our location can be displayed to you, for example, and any journey to us can be made easier.
When you confirm the card, information about your use of our website (e.g. your IP address) is transmitted to and stored by Google on servers in the USA. In addition, Google Maps reloads the Google Web Fonts. Google Ireland Limited is also the provider of Google WebFonts. When you call up a page that integrates Google Maps, your browser loads the web fonts required to display Google Maps into your browser cache. For this purpose, too, the browser you are using establishes a connection to the Google servers. This gives Google knowledge that our website was accessed via your IP address. This takes place regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out of your Google user account. Google saves your data (even for users who are not logged in) as usage profiles and evaluates them. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right.
If you do not agree to the future transmission of your data to Google when using Google Maps, you also have the option of completely deactivating the Google Maps web service by switching off the JavaScript application in your browser. Google Maps and thus also the map display on this website cannot then be used.
These processing operations only take place if you have given your express consent in accordance with Article 6 (1) (a) of the GDPR.
You can view Google’s terms of use at https://www.google.de/intl/de/policies/terms/regional.html, the additional terms of use for Google Maps can be found at https://www.google.com/intl /de_US/help/terms_maps.html
You can view the data protection provisions of Google Maps at: („Google Privacy Policy“): https://www.google.de/intl/de/policies/privacy/.
12.2 Google Tag Manager
On this website we use the Google Tag Manager service. The operating company of Google Tag Manager is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Limited is part of the Google group of companies with headquarters at 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
With this tool, „website tags“ (i.e. keywords that are integrated into HTML elements) can be implemented and managed via an interface. By using the Google Tag Manager, we can automatically track which button, link or which personalized image you have actively clicked on and can then record which content of our website is of particular interest to you.
The tool also triggers other tags, which in turn may collect data. Google Tag Manager does not access this data. If you have made a deactivation at the domain or cookie level, this will remain in place for all tracking tags implemented with Google Tag Manager.
These processing operations only take place if you have given your express consent in accordance with Article 6 (1) (a) of the GDPR.
Further information on the Google Tag Manager and Google’s data protection declaration can be found at: https://www.google.com/intl/de/policies/privacy/.
13. Your rights as a data subject
13.1 Right to Confirmation
You have the right to request confirmation from us as to whether personal data relating to you are being processed.
13.2 Right to information Art. 15 GDPR
You have the right to receive information from us free of charge at any time about the personal data stored about you and a copy of this data in accordance with the statutory provisions.
13.3 Right to rectification Art. 16 GDPR
You have the right to request the correction of inaccurate personal data concerning you. You also have the right, taking into account the purposes of the processing, to request the completion of incomplete personal data.
13.4 Deletion Art. 17 GDPR
You have the right to demand that the personal data concerning you be deleted immediately if one of the statutory reasons applies and if the processing or storage is not necessary.
13.5 Restriction of processing Art. 18 GDPR
You have the right to demand that we restrict processing if one of the legal requirements is met.
13.6 Data portability Art. 20 GDPR
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. You also have the right to transmit this data to another person responsible without hindrance from us, to whom the personal data was provided, provided that the processing is based on the consent in accordance with Article 6 Paragraph 1 lit. a GDPR or Article 9 Paragraph 2 lit. a GDPR or on a contract in accordance with Article 6 Paragraph 1 lit. b GDPR and the processing is carried out using automated procedures, provided that the processing is not necessary for the performance of a task that is in the public interest lies or takes place in the exercise of public authority which has been transferred to us.
Furthermore, when exercising your right to data transferability in accordance with Art. 20 Para. 1 DS-GVO, you have the right to obtain that the personal data is transmitted directly from one person responsible to another person responsible, insofar as this is technically feasible and insofar as this is not the case the rights and freedoms of other people are impaired.
13.7 Objection Art. 21 GDPR
You have the right, for reasons that arise from your particular situation, at any time against the processing of personal data concerning you, which is based on Article 6 Paragraph 1 lit. e (data processing in the public interest) or f (data processing on the basis of a Weighing of interests) DS-GVO takes place to file an objection.
This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 DS-GVO.
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 if the processing serves to assert, exercise or defend legal claims .
In addition, you have the right, for reasons arising from your particular situation, to object to the processing of personal data relating to you, which we carry out for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS-GVO object, unless such processing is necessary to fulfill a task in the public interest.
In connection with the use of information society services, you are free to exercise your right of objection by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
13.8 Withdrawal of consent under data protection law
You have the right to revoke your consent to the processing of personal data at any time with effect for the future.
13.9 Complaint to a supervisory authority
You have the right to complain to a supervisory authority responsible for data protection about our processing of personal data.
14. Routine storage, deletion and blocking of personal data
We process and store your personal data only for the period necessary to achieve the purpose of storage or if this is provided for by the legal provisions to which our company is subject.
If the purpose of storage no longer applies or if a prescribed storage period expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
15. Duration of storage of personal data
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline has expired, the corresponding data will be routinely deleted, provided that they are no longer required to fulfill the contract or to initiate a contract.
16. Updating and changing the data protection declaration
This data protection declaration is currently valid and has the status: March 2023.
Due to the further development of our website and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can call up and print out the current data protection declaration at any time on the website at https://www.pixazur.com/data-protection-declaration/.