Privacy Policy
We are delighted that you are interested in our company. Protecting personal data is a high priority for the management of Nathalie Vin. Using our website is generally possible without providing personal data; however, if a data subject wishes to use special services via our website, processing of personal data may become necessary. If such processing is necessary and there is no statutory basis, we will generally obtain the data subject’s consent.
The processing of personal data—such as a name, address, e-mail address, or telephone number—will always be in line with the General Data Protection Regulation (GDPR) and the country-specific data protection regulations applicable to Nathalie Vin. With this data protection declaration, we inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. We also inform data subjects of the rights to which they are entitled.
As the controller, Nathalie Vin has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. However, internet-based data transmissions may have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g., by telephone.
1. Definitions
This data protection declaration is based on the terms used by the European legislator in the GDPR. Our declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we first explain the terminology used.
In this declaration 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 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 is processed by the controller responsible for the processing.
c) Processing
Processing is any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, 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 analyse or predict aspects concerning that person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.
f) Pseudonymisation
Pseudonymisation is 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 is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
The controller (or controller responsible for the processing) is the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing 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
A processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, public authority, agency, or another body to which the personal data are disclosed, whether or not it is a third party. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law are not regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
A third party is 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 authorised to process personal data.
k) Consent
Consent of the data subject is 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 for the purposes of the GDPR, other data protection laws applicable in the Member States of the European Union, and other provisions related to data protection is:
Nathalie Vin
Carrer Jaume Ferrer
07012 Palma
Spain
Phone: +34 600 63 23 93
Email: tempovision68@gmail.com
Website: www.nathalievin.com
3. Cookies
The internet pages of Nathalie Vin use cookies. Cookies are text files stored on a computer system via an internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID—a unique identifier that allows websites and servers to associate the cookie with the specific internet browser in which it was stored. This enables visited sites and servers to recognise a user’s browser. A specific internet browser can be recognised and identified using its unique cookie ID.
Through the use of cookies, Nathalie Vin can provide users of this website with more user-friendly services that would not be possible without cookies.
Cookies help us optimise information and offers on our website with the user in mind. For example, a user who allows cookies does not have to enter access data each time the website is accessed because the website and the cookie stored on the user’s device remember this. Another example is the cookie of a shopping cart in an online shop: the store remembers the articles a customer has placed in the virtual shopping cart via a cookie.
A data subject may, at any time, prevent the setting of cookies through our website by adjusting the settings of the internet browser used and may thus permanently deny the setting of cookies. Furthermore, already-set cookies may be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If cookies are deactivated in the browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of Nathalie Vin collects a series of general data and information when a data subject or an automated system calls up the website. This general data and information are stored in the server log files. Collected may be: (1) the browser types and versions used; (2) the operating system used by the accessing system; (3) the website from which an accessing system reaches our website (so-called referrers); (4) the sub-websites; (5) the date and time of access to the website; (6) an internet protocol (IP) address; (7) the internet service provider of the accessing system; and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, Nathalie Vin does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly; (2) optimise the content of our website as well as its advertising; (3) ensure the long-term viability of our information technology systems and website technology; and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Nathalie Vin analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise and ensuring 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.
5. Registration on our website
A data subject has the possibility to register on the website of the controller by providing personal data. The personal data transmitted to the controller is determined by the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller and for our own purposes. Where appropriate, the controller may arrange transfer to one or more processors (e.g., a parcel service) that use personal data for an internal purpose attributable to the controller.
By registering on the website, the IP address assigned by the internet service provider (ISP) and used by the data subject, as well as the date and time of the registration, are also stored. The storage of this data helps prevent misuse of our services and enables the investigation of offences if necessary. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to do so or if the transfer serves the aim of criminal prosecution.
Registration, with the voluntary indication of personal data, enables the controller to offer the data subject content or services that may only be offered to registered users. Registered persons are free to change the personal data specified during registration at any time, or to have them completely deleted from the controller’s data stock.
The data controller will, at any time and upon request, provide each data subject with information on the personal data stored about him or her. In addition, the data controller will correct or erase personal data at the request of the data subject, insofar as there are no statutory storage obligations. All of the controller’s employees are available to the data subject as contact persons in this respect.
6. Subscription to our newsletters
On the website of Nathalie Vin, users may subscribe to our newsletter. The input mask used for this purpose determines what personal data are transmitted when the newsletter is ordered from the controller.
Nathalie Vin regularly informs customers and business partners by newsletter about offers. The newsletter may only be received by a data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for newsletter delivery. For legal reasons, a confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time, using the double-opt-in procedure. This confirmation e-mail verifies that the owner of the e-mail address as the data subject is authorised to receive the newsletter.
During registration for the newsletter, we also store the IP address of the computer system assigned by the ISP and used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data helps us understand any misuse of an e-mail address at a later date and serves the legal protection of the controller.
The personal data collected as part of a newsletter registration will only be used to send our newsletter. In addition, subscribers may be informed by e-mail as necessary for the operation of the newsletter service or registration (e.g., changes to the newsletter offer or technical changes). There will be no transfer of personal data collected by the newsletter service to third parties. The subscription may be terminated by the data subject at any time. Consent to the storage of personal data for newsletter delivery may be revoked at any time. A corresponding link for revocation is found in each newsletter. It is also possible to unsubscribe at any time directly on the website of the controller or to communicate this to the controller in another way.
7. Newsletter tracking
The newsletter of Nathalie Vin contains tracking pixels—miniature graphics embedded in HTML emails to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Nathalie Vin may see if and when an e-mail was opened by a data subject and which links in the e-mail were clicked.
Personal data collected via tracking pixels in newsletters are stored and analysed by the controller to optimise newsletter delivery and better adapt the content of future newsletters to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects may revoke, at any time, the consent given via the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Nathalie Vin automatically regards unsubscribing from the newsletter as a revocation.
8. Contact via the website
The website of Nathalie Vin contains information that enables quick electronic contact with our enterprise, as well as direct communication with us, which includes a general address of electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data, transmitted on a voluntary basis by a data subject to the controller, are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
9. Comment function in the blog on the website
Nathalie Vin offers users the possibility to leave individual comments on blog posts on the controller’s website. A blog is a web-based, publicly accessible portal through which one or more people (bloggers) may post articles or write down thoughts in so-called blog posts. Blog posts may usually be commented on by third parties.
If a data subject leaves a comment on the blog published on this website, the comment is stored and published, along with information on the date of the comment and the user’s pseudonym chosen by the data subject. In addition, the IP address assigned by the ISP to the data subject is also logged. This storage of the IP address takes place for security reasons and in case the data subject violates the rights of third parties or posts illegal content through a given comment. The storage of these personal data is therefore in the controller’s own interest, so that we can exculpate ourselves in the event of an infringement. This collected personal data will not be passed to third parties unless such a transfer is required by law or serves the defence of the controller.
10. Subscription to comments in the blog on the website
Comments made in the blog of Nathalie Vin may be subscribed to by third parties. A commenter may subscribe to the comments following his or her comment on a particular blog post.
If a data subject decides to subscribe, the controller will send an automatic confirmation e-mail to verify via the double-opt-in procedure whether the owner of the specified e-mail address chose this option. The subscription to comments may be terminated at any time.
11. Routine erasure and blocking of personal data
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as permitted by the European legislator or other legislators in laws or regulations to which the controller is subject.
If the storage purpose does not apply, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
12. Rights of the data subject
a) Right of confirmation
Each data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. To exercise this right, the data subject may contact any employee of the controller at any time.
b) Right of access
Each data subject has the right to obtain from the controller, at any time and free of charge, information about his or her personal data stored and a copy of this information. The data subject also has access to the following information:
the purposes of the 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 organisations;
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, restriction of processing 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 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 organisation. Where this is the case, the data subject has the right to be informed of the appropriate safeguards relating to the transfer.
c) Right to rectification
Each data subject has the right 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 a supplementary statement.
d) Right to erasure (“right to be forgotten”)
Each data subject has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies, as long 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 point (a) of Article 6(1) GDPR or point (a) of Article 9(2) 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 one of the aforementioned reasons applies and a data subject wishes to request erasure of personal data stored by Nathalie Vin, he or she may contact any employee of the controller at any time. An employee of Nathalie Vin shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, the controller—taking account of available technology and the cost of implementation—shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure of any links to, or copy or replication of, those personal data, as far as processing is not required. An employee of Nathalie Vin will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Each data subject has the right 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 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 defence of legal claims;
the data subject has objected to processing pursuant to Article 21(1) GDPR pending verification of whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met and a data subject wishes to request restriction of processing of personal data stored by Nathalie Vin, he or she may contact any employee of the controller at any time. The employee will arrange the restriction.
f) Right to data portability
Each data subject has the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used, and machine-readable format, and 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 point (a) of Article 6(1) GDPR or point (a) of Article 9(2) GDPR, or on a contract pursuant to point (b) of Article 6(1) GDPR, and the processing is carried out by automated means, provided 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.
In exercising the right to data portability pursuant to Article 20(1) GDPR, the data subject also has the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
To assert the right to data portability, the data subject may contact any employee of Nathalie Vin at any time.
g) Right to object
Each data subject has the right 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 point (e) or (f) of Article 6(1) GDPR. This also applies to profiling based on those provisions.
Nathalie Vin shall no longer process the personal data in the event of an 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 defence of legal claims.
If Nathalie Vin processes personal data for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing; this includes profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, Nathalie Vin 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 by Nathalie Vin 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 any employee of Nathalie Vin. Notwithstanding Directive 2002/58/EC, the data subject is also free to exercise his or her right to object by automated means using technical specifications in the context of information society services.
h) Automated individual decision-making, including profiling
Each data subject has the right 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 the performance of, a contract between the data subject and a data controller; (2) is authorised 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.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is based on the data subject’s explicit consent, Nathalie Vin shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, 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.
To exercise rights concerning automated decision-making, the data subject may contact any employee of Nathalie Vin at any time.
i) Right to withdraw consent
Each data subject has the right to withdraw his or her consent to the processing of personal data at any time. To exercise this right, the data subject may contact any employee of Nathalie Vin.
13. Data protection provisions about the application and use of Facebook
This website integrates components of Facebook, a social network.
Facebook allows users to create private profiles, upload photos, and network through friend requests. The operating company is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. For persons outside the United States or Canada, the controller is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each visit to a page of this website into which a Facebook component (Facebook plug-in) is integrated, the browser on the data subject’s system automatically downloads the display of the corresponding Facebook component from Facebook. An overview of Facebook plug-ins may be accessed at https://developers.facebook.com/docs/plugins/. During this process, Facebook is informed which specific sub-page of our website was visited.
If the data subject is logged in on Facebook at the same time, Facebook detects—during the entire duration of the visit—which specific sub-page of our site was visited. This information is associated with the respective Facebook account. If the data subject clicks on one of the Facebook buttons integrated into our website (e.g., the “Like” button) or submits a comment, Facebook assigns this information to the personal Facebook user account and stores the personal data.
Facebook receives information via the component that the data subject has visited our website whenever the data subject is logged in on Facebook during the call-up of our website, regardless of whether the person clicks on the component. If such transmission is not desirable, the data subject can prevent it by logging off from the Facebook account before visiting our website.
Facebook’s data protection guidelines (https://facebook.com/about/privacy/) provide information about the collection, processing, and use of personal data by Facebook, the settings available to protect privacy, and applications that can be used to prevent data transmission to Facebook.
14. Data protection provisions about the application and use of Google Analytics (with anonymisation function)
This website integrates Google Analytics (with the anonymiser function), a web analytics service operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.
For web analytics, the controller uses the application “_gat._anonymizeIp”. By means of this application, the IP address of the internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another contracting state to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse traffic on our website. Google uses the collected data to evaluate the use of our website, provide online reports showing activities on our site, and provide other services concerning website use for us.
Google Analytics places a cookie on the data subject’s device (see Section 3). With the cookie set, Google is enabled to analyse the use of our website. With each call-up to a page of this website that integrates a Google Analytics component, the internet browser will automatically submit data through the component for the purpose of online advertising and the settlement of commissions to Google. During this technical procedure, Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google to understand the origin of visitors and clicks and subsequently create commission settlements.
The cookie stores personal information, such as the access time, the location from which access was made, and the frequency of visits to our website. With each visit, such personal data—including the IP address used—will be transmitted to Google in the United States of America and stored there. Google may pass these personal data collected through the technical procedure to third parties.
A data subject may prevent the setting of cookies as described in Section 3. This would also prevent Google Analytics from setting a cookie. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
The data subject may also object to the collection of data generated by Google Analytics relating to the use of this website and to the processing of this data by Google. To do so, the data subject must download and install a browser add-on available at https://tools.google.com/dlpage/gaoptout. This add-on tells Google Analytics via JavaScript that data and information about website visits may not be transmitted. If the device is later deleted, formatted, or newly installed, the add-on must be reinstalled. If the add-on is uninstalled or disabled, it can be reinstalled or reactivated.
Further information and Google’s applicable data protection provisions may be retrieved at https://www.google.com/intl/en/policies/privacy/ and http://www.google.com/analytics/terms/us.html. Google Analytics is further explained at https://www.google.com/analytics/.
15. Data protection provisions about the application and use of Instagram
This website integrates components of Instagram, an audiovisual platform that allows users to share photos and videos and to disseminate such data in other social networks.
The operating company of Instagram’s services is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
With each call-up to a page of this website on which an Instagram component (Insta button) is integrated, the internet browser on the data subject’s system is automatically prompted to download a display of the corresponding Instagram component. During this process, Instagram becomes aware of which specific sub-page of our website was visited.
If the data subject is logged in on Instagram at the same time, Instagram detects—with every call-up and for the entire duration of the stay—which specific sub-page of our site was visited. This information is associated with the respective Instagram account. If the data subject clicks on one of the Instagram buttons integrated on our website, Instagram matches this information with the personal Instagram user account and stores the personal data.
Instagram receives information via the component that the data subject has visited our website, provided that the data subject is logged in on Instagram at the time of the call-up. This occurs regardless of whether the person clicks on the button. If such transmission is not desirable, the data subject can prevent it by logging off from the Instagram account before visiting our website.
Further information and the applicable data protection provisions of Instagram may be retrieved at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.
16. Data protection provisions about the application and use of Twitter
This website integrates components of Twitter, a multilingual, publicly accessible microblogging service on which users may publish and spread short messages (“tweets”) limited to 280 characters. These short messages are available for everyone, including those not logged on to Twitter. Tweets are displayed to followers of the respective user. Twitter also allows addressing a wide audience via hashtags, links, or retweets.
The operating company of Twitter is Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland.
With each call-up to a page of this website on which a Twitter component (Twitter button) is integrated, the internet browser on the data subject’s system is automatically prompted to download a display of the corresponding Twitter component. Further information about the Twitter buttons is available at https://about.twitter.com/de/resources/buttons. During this process, Twitter learns which specific sub-page of our website was visited. The purpose of integrating the Twitter component is to retransmit the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.
If the data subject is logged in on Twitter at the same time, Twitter detects—with every call-up and for the entire duration of the stay—which specific sub-page of our site was visited. This information is associated with the respective Twitter account. If the data subject clicks on one of the Twitter buttons integrated on our website, Twitter assigns this information to the personal Twitter user account and stores the personal data.
Twitter receives information via the component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up. This occurs regardless of whether the person clicks on the component. If such transmission is not desirable, the data subject can prevent it by logging off from the Twitter account before visiting our website.
The applicable data protection provisions of Twitter may be accessed at https://twitter.com/privacy?lang=en.
17. 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 purpose. If processing of personal data is necessary for the performance of a contract to which the data subject is party (e.g., for the supply of goods or provision of a service), processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary for carrying out pre-contractual measures (e.g., inquiries concerning our products or services). If our company is subject to a legal obligation requiring processing of personal data (such as the fulfilment of tax obligations), processing is based on Article 6(1)(c) GDPR. In rare cases, processing may be necessary to protect the vital interests of the data subject or another natural person—for example, if a visitor were injured in our company and personal data would have to be passed on to medical professionals. Then processing would be based on Article 6(1)(d) GDPR. Finally, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations not covered by any of the aforementioned legal grounds, where 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 that require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator, who considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, sentence 2 GDPR).
18. Legitimate interests pursued by the controller or by a third party
Where processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is to carry out our business in favour of the well-being of all our employees and shareholders.
19. Period for which personal data will be stored
The criterion used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data are routinely deleted, as long as they are no longer necessary for the fulfilment or initiation of a contract.
20. Provision of personal data as a statutory or contractual requirement; requirement necessary to enter into a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data
We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., information about the contractual partner). Sometimes it may be necessary, to conclude a contract, for the data subject to provide us with personal data which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, he or she may contact any employee, who will clarify whether the provision of personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and the consequences of non-provision.
21. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
Developed by the LegalTech specialists at Willing & Able, who also developed the system for the vacation tracker. The legal texts contained in our privacy policy generator were provided and published by Prof. Dr. h.c. Heiko Jonny Maniero from the German Association for Data Protection and Christian Solmecke from WBS Law.