Data Privacy
PRIVACY NOTICE
Introduction
With the following data protection declaration, we would like to inform you about which types of your personal data (hereinafter also referred to as “data”) we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of the provision of our services and in particular on our websites, in mobile applications as well as within external online presences, such as our social media profiles (hereinafter collectively referred to as “online offer”).
The terms used are not gender-specific.
Status: 6. September 2020
Content overview
- Introduction
- Responsible party
- Overview of processing
- Substantial legal foundations
- Safety measures
- Transfer and disclosure of personal data
- Data processing in third countries
- Use of cookies
- Performance of tasks according to the Articles of Association or Rules of Procedure
- Provision of the online offer and web hosting
- Making contact
- Deletion of data
- Amendment and updating of the privacy policy
- Rights of the person affected
- Definitions of terms
Responsible party
Shu-Ha-Ri Hamburg
Big Street 160e
21075 Hamburg
Authorized representatives: Stefan Wiegand
E-mail address: info@shuhari-hamburg.de
Overview of processing
The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.
Types of data processed
- Inventory data (e.g. names, addresses).
- Content data (e.g. text input, photographs, videos).
- Contact details (e.g. e-mail, telephone numbers).
- Meta/communication data (e.g. device information, IP addresses).
- Usage data (e.g. visited websites, interest in content, access times).
- Contract data (e.g. subject matter of contract, term, customer category).
- Payment data (e.g. bank details, invoices, payment history).
Categories of affected persons
- Business and contractual partners.
- Communication partner.
- Members.
- Users (e.g. website visitors, users of online services).
Purposes of processing
- Contact requests and communication.
- Contractual benefits and service.
- Management and response to inquiries.
Substantial legal foundations
In the following we provide the legal basis of the General Data Protection Regulation (GDPR), on the basis of which we process the personal data. Please note that in addition to the regulations of the GDPR, the national data protection requirements may apply in your or our country of residence and registered office. If more specific legal bases are decisive in individual cases, we will inform you of these in the data protection declaration.
- Consent (Art. 6 para. 1 sentence 1 lit. a GDPR) – The data subject has given his consent to the processing of personal data concerning him or her for a specific purpose or more specific purposes.
- Performance of contract and pre-contractual inquiries (Art. 6 para. 1 p. 1 lit. b. DSGVO) – The processing is necessary for the fulfillment of a contract to which the data subject is a party or for the implementation of pre-contractual measures that are carried out at the request of the data subject.
- Legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO) – The processing is necessary to safeguard the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail.
Safety measures
In accordance with the legal requirements, we take appropriate technical and organizational measures, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk.
The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling the physical and electronic access to the data as well as the access, entry, disclosure, the assurance of availability and their separation. Furthermore, we have set up procedures that guarantee the exercise of the rights of the data subject, the deletion of data and reactions to the data risk. Furthermore, we take into account the protection of personal data already in the development or Selection of hardware, software and procedures according to the principle of data protection, through technical design and through data protection-friendly default settings.
Transfer and disclosure of personal data
In the context of our processing of personal data, it happens that the data is transmitted to other bodies, companies, legally independent organizational units or persons or they are disclosed to them. The recipients of this data may include, for example, payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and in particular conclude corresponding contracts resp. Agreements that serve to protect your data with the recipients of your data.
Data processing in third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or process the processing in the context of the use of third-party services or the disclosure or disclosure of the European Economic Area, we will not be used. Transmission of data to other persons, bodies or companies takes place, this only takes place in accordance with the legal requirements.
Subject to express consent or contractually or legally required transmission, we only process or have the data processed in third countries with a recognized level of data protection, contractual obligation by so-called standard protection clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de ).
Use of cookies
Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. A cookie is primarily used to store information about a user during or after his visit within an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the place where a video was watched. The term cookies also includes other technologies that fulfill the same functions as cookies (e.g., if user information is stored on the basis of pseudonymous online identifications, also referred to as “user IDs”)
The following cookie types and functions are distinguished:
- Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
- Permanent cookies: Permanent cookies remain stored even after closing the browser. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie.
- First-party cookies: First-party cookies are set by us.
- Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
- Necessary (also: essential or absolutely necessary) cookies: Cookies can be absolutely necessary for the operation of a website (e.g. to store logins or other user entries or for security reasons).
- Statistical, marketing and personalization cookies: Furthermore, cookies are usually also used in the context of range measurement and when the interests of a user or his behavior (e.g. viewing certain content, using functions, etc.) are stored on individual websites in a user profile. Such profiles are used to show users, for example, content that corresponds to their potential interests. This procedure is also known as “tracking”, i.e., tracking the potential interests of the users. If we use cookies or “tracking” technologies, we will inform you separately in our privacy policy or as part of obtaining consent.
Notes on legal bases: The legal basis on which we process your personal data with the help of cookies depends on whether we ask you for your consent. If this applies and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed by cookies will be processed on the basis of our legitimate interests (e.g. in a business operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfill our contractual obligations.
Storage period: If we do not provide you with explicit information about the storage period of permanent cookies (e.g. as part of a so-called cookie opt-in), please assume that the storage period can be up to two years.
General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke a given consent or to object to the processing of your data by cookie technologies (collectively referred to as “opt-out”). You can first declare your objection using the settings of your browser, e.g. by deactivating the use of cookies (which may also limit the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be explained by a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can receive further objection information in the context of the information on the service providers and cookies used.
Processing of cookie data on the basis of consent: Before we process or have processed data in the context of the use of cookies, we ask users for a consent that can be revoked at any time. Before the consent has not been given, cookies are used, which are absolutely necessary for the operation of our online offer.
- Processed data types: usage data (e.g. visited websites, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Affected persons: users (e.g. website visitors, users of online services).
- Legal bases: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Performance of tasks according to the Articles of Association or Rules of Procedure
We process the data of our members, supporters, interested parties, business partners or other persons (together “data subjects”) if we are in a membership or other business relationship with them and perform our tasks and are recipients of services and grants. In addition, we process the data of data subjects on the basis of our legitimate interests, e.g. in the case of administrative tasks or public relations.
The data processed here, the nature, scope and purpose and the necessity of their processing, are determined according to the underlying membership or contractual relationship, from which the necessity of any data information also results (in all that we refer to required data).
We delete data that is no longer necessary for the provision of our statutory and business purposes. This is determined according to the respective tasks and contractual relationships. We keep the data for as long as it may be relevant to business transactions, as well as with regard to any warranty or liability obligations based on our legitimate interest in their regulation. The necessity of the retention of the data is regularly checked; otherwise, the statutory retention obligations apply.
- Processed data types: inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. e-mail, telephone numbers), contract data (e.g. subject matter of contract, term, customer category).
- Data subjects: users (e.g. website visitors, users of online services), members, business and contractual partners.
- Purposes of processing: Contractual services and services, contact requests and communication, management and response to inquiries.
- Legal basis: Performance of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Provision of the online offer and web hosting
In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers, from whose servers (or servers managed by them) the online offer can be retrieved. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security and technical maintenance services.
The data processed in the context of the provision of the hosting offer may include all information relating to the users of our online offer, which is generated in the context of use and communication. This regularly includes the IP address that is necessary to be able to deliver the content of online offers to browsers, and all entries made within our online offer or from websites.
Collection of access data and log files: We ourselves (or our web hosting provider) collect data on each access to the server (so-called server log files). The server log files may include the address and name of the retrieved websites and files, the date and time of the retrieval, the amount of data transferred, the message about successful retrieval, browser type and version, the user’s operating system, the referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider.
The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand, to ensure the utilization of the servers and their stability.
- Processed data types: Content data (e.g. text inputs, photographs, videos), usage data (e.g. visited websites, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
- Affected persons: users (e.g. website visitors, users of online services).
- Legal basis: Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Making contact
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the details of the requesting persons will be processed, insofar as this is necessary to answer the contact requests and any requested measures.
The answering of contact requests within the framework of contractual or pre-contractual relationships takes place to fulfill our contractual obligations or to answer (pre-)contractual inquiries and otherwise on the basis of legitimate interests in answering the inquiries.
- Processed data types: inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. text input, photographs, videos).
- Affected persons: communication partners.
- Purposes of processing: contact requests and communication.
- Legal basis: Performance of contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b. GDPR), Legitimate interests (Art. 6 para. 1 p. 1 lit. f. GDPR).
Deletion of data
The data processed by us will be deleted in accordance with the legal requirements as soon as their consents permitted for processing are revoked or other permissions are no longer available (e.g., if the purpose of the processing of this data has expired or if they are not necessary for the purpose).
If the data is not deleted because it is necessary for other and legally permissible purposes, its processing is limited to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be stored for commercial or tax reasons or whose storage is necessary for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person.
Further information on the deletion of personal data can also be provided within the framework of the individual data protection information of this data protection declaration.
Amendment and updating of the privacy policy
We ask you to inform yourself regularly about the content of our privacy policy. We will adjust the privacy policy as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or another individual notification.
If we provide addresses and contact information of companies and organizations in this privacy policy, please note that the addresses may change over time and ask you to check the information before contacting us.
Rights of the person affected
As a data subject, you are entitled to various rights under the GDPR, which result in particular from Art. 15 to 21 GDPR:
- Right to object: You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data relating to which is based on Art. 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is related to such direct advertising.
- Right of withdrawal for consent: You have the right to revoke your consent at any time.
- Right to information: You have the right to request confirmation as to whether the data concerned are processed and to obtain information about this data as well as further information and a copy of the data in accordance with the legal requirements.
- Right to rectification: In accordance with the legal requirements, you have the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
- Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that data concerning you be deleted immediately, or alternatively, in accordance with the statutory provisions, to request a restriction of the processing of the data.
- Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request its transmission to another controller.
- Complaint to the supervisory authority: You also have the right, in accordance with the statutory provisions, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your workplace or the place of the alleged infringement, if you are of the opinion that the processing of your personal data violates the GDPR.
Definitions of terms
This section provides an overview of the terms used in this privacy policy. Many of the terms are taken from the law and are defined above all in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to be understood. The terms are sorted alphabetically.
- Personal Data: “Personal Data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable 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, an online identifier (e.g. cookie) or to one or more special features that are a particular of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Controller: The “Controller” means the natural or legal person, public authority, agency or other body that, alone or jointly with others, decides on the purposes and means of the processing of personal data.
- Processing: “Processing” means any operation or set of operations in connection with personal data, whether or without the aid of automated procedures. The term extends far and encompasses practically any handling of data, be it collection, evaluation, storage, transmission or deletion.
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