DATA PROTECTION

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter referred to collectively as “online offering”). With regard to the terms used, such as “processing” or “person responsible”, we refer to the definitions in Art. 4 of the Data Protection Basic Regulation (DSGVO).

 

Responsible

NC-17 Europe GmbH
Zur Mühle 2-4
D-50226 Frechen
Germany

Tel:  (49) 2234 94 94 000
Fax: (49) 2234 94 94 010
E-Mail: info@nc-17.de

Local Court Cologne
HRB 42414

Managing Director: Udo Ochendalski

 

Types of data processed:

– Inventory data (e.g., names, addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

 

Categories of data subjects

Visitors and users of the online offer (hereinafter referred to collectively as “users”).

 

Purpose of processing

– Provision of the online offer, its functions and contents.
– Answering contact requests and communicating with users.
– Security measures.
– Range measurement/Marketing

 

Terms used

„Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier (e.g. a cookie) or to one or more specific characteristics which express the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, is regarded as identifiable.

“Processing” means any operation carried out with or without the aid of automated processes, or set of operations, involving personal data. The term is broad and covers practically every handling of data.

“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.

“Profiling” means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person.

The “controller” is 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.

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

 

Applicable legal bases

In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO, the legal basis for processing in order to fulfil our services and carry out contractual measures as well as answer inquiries is Art. 6 para. 1 lit. b DSGVO, the legal basis for processing in order to fulfil our legal obligations is Art. 6 para. 1 lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO. Art. 6 para. 1 lit. d DSGVO serves as the legal basis in the event that vital interests of the data subject or another natural person necessitate the processing of personal data..

 

Security measures

In accordance with Art. 32 DSGVO, we take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the type, extent, circumstances and purposes of the processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons.

These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data as well as access to, inputting, forwarding, securing and separating the data. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the deletion of data and the reaction to data threats. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 DSGVO).

 

Cooperation with contract processors and third parties

Insofar as we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transfer them to them or otherwise grant them access to the data, this shall only take place on the basis of legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 lit. b DSGVO is necessary for the performance of the contract), if you have consented to this, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 DSGVO.

 

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of the use of third party services or disclosure or transfer of data to third parties, this will only occur if it is done to fulfil our (pre)contractual obligations, on the basis of your consent, a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. of the German Data Protection Act are met. DSGVO process. This means that the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

 

Rights of data subjects

You have the right to request confirmation as to whether the data in question will be processed and to obtain information about this data and further information and a copy of the data in accordance with Art. 15 DSGVO.

You have accordingly. Pursuant to Art. 16 DSGVO, you have the right to request the completion of data concerning you or the correction of incorrect data concerning you.

Pursuant to Art. 17 DSGVO, you have the right to demand that the data concerned be deleted immediately or, alternatively, to demand a restriction on the processing of the data pursuant to Art. 18 DSGVO.

You have the right to demand that the data concerning you which you have made available to us be received in accordance with Art. 20 DSGVO and that it be transferred to other responsible parties.

You also have the right, pursuant to Art. 77 DSGVO, to file a complaint with the competent supervisory authority.

 

Right of withdrawal

You have the right to revoke consents granted pursuant to Art. 7 (3) DSGVO with effect for the future..

 

Right of objection

You may object at any time to the future processing of the data concerning you in accordance with Art. 21 DSGVO. In particular, you may object to the processing of your data for the purposes of direct marketing.

 

Cookies and right of objection in the case of direct advertising

Cookies” are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after the user’s visit to an online service. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes his browser. The content of a shopping basket in an online shop or a login status, for example, can be stored in such a cookie. Cookies are referred to as “permanent” or “persistent” and remain stored even after the browser has been closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. Third party cookies” are cookies that are offered by providers other than the person responsible for operating the online service (otherwise, if they are only the latter’s cookies, they are referred to as “first party cookies”).

We may use temporary and permanent cookies and explain this in the context of our data protection declaration.

If users do not wish cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be raised for a large number of services, particularly in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/ . In addition, cookies can be stored by switching them off in the browser settings. Please note that in this case not all functions of this online offer may be available.

 

Deletion of data

The data processed by us will be deleted in accordance with Art. 17 and 18 DSGVO or their processing will be restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons.

According to legal requirements in Germany, data is stored for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (German Commercial Code) (books, records, management reports, accounting records, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 nos. 2 and 3, para. 4 HGB (German Commercial Code) (commercial letters).

In accordance with legal requirements in Austria, the documents are kept in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, list of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

 

Akismet Anti-Spam Testing

Our online offer uses the service “Akismet”, which is offered by Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. The use is made on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f) DSGVO. With the help of this service, comments of real people are distinguished from spam comments. All comments are sent to a server in the USA, where they are analyzed and stored for four days for comparison purposes. If a comment has been classified as spam, the data is stored beyond this time. This information includes the name entered, the e-mail address, the IP address, the comment content, the referrer, information about the browser used, the computer system and the time of the entry.

Further information on the collection and use of data by Akismet can be found in Automattic’s privacy policy: https://automattic.com/privacy/.

Users are welcome to use pseudonyms, or to refrain from entering their name or email address. You can completely prevent the transmission of data by not using our comment system. That would be a shame, but unfortunately we don’t see any other alternatives that work just as effectively.

 

Contact

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details are used to process the contact enquiry and to process it in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (within the framework of contractual/pre-contractual relationships), Art. 6 Para. 1 lit. f. (other inquiries) (other inquiries) DSGVO. The data of the users can be stored in a customer relationship management system (“CRM system”) or comparable inquiry organization.

We delete the requests if they are no longer necessary. We check the necessity every two years; furthermore, the legal archiving obligations apply.

 

Jetpack (WordPress Stats)

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer in the sense of Art. 6 Para. 1 lit. f. of the German Data Protection Act), we use the Jetpack plug-in (here the sub-function “WordPress Stats”). DSGVO) the Plugin Jetpack (here the sub-function “WordPress Stats”), which includes a tool for statistical evaluation of visitor access and from Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Jetpack uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site.

The information generated by the cookie about your use of this online service is stored on a server in the USA. User profiles of the users can be created from the processed data, whereby these are only used for analysis and not for advertising purposes. Further information can be found in Automattic’s privacy policy: https://automattic.com/privacy/ and information on Jetpack cookies: https://jetpack.com/support/cookies/.

 

Online presence in social media

We maintain online presences within social networks and platforms in order to communicate with customers, interested parties and users active there and to inform them about our services.

We would like to point out that user data may be processed outside of the European Union. This can result in risks for users, as it could, for example, make it more difficult to enforce the rights of users. With regard to US providers that are certified under the Privacy Shield, we would like to point out that by doing so they commit themselves to comply with EU data protection standards.

In addition, user data is generally processed for market research and advertising purposes. For example, user profiles can be created on the basis of user behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer in which the user’s usage behaviour and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (in particular if the users are members of the respective platforms and are logged in to them).

The processing of the personal data of the users takes place on the basis of our legitimate interests in effective information of the users and communication with the users in accordance with Art. 6 Para. 1 letter f. DSGVO. If the users are asked by the respective providers for their consent to data processing (i.e. declare their consent e.g. by ticking a checkbox or confirming a button), the legal basis for processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.

For a detailed description of the respective processing operations and the opt-out options, please refer to the following linked information provided by the providers.

Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and give information. If you still need help, please do not hesitate to contact us.

– Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) – Privacy Statement: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active..

– Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Statement / Opt-Out: http://instagram.com/about/legal/privacy/.

CONTACT

NC-17 Europe GmbH
Zur Mühle 2-4
D-50226 Frechen/Germany
Tel: +49 2234 94 94 000
Fax +49 2234 94 94 010
Email: info@nc-17.de