privacyterms
Data protection declaration
This privacy policy informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the linked websites, functions and content as well as external online presences, such as our social media profile (hereinafter referred to as “online offer”). With regard to the terms used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Responsible person
for cardrawing1:
Moritz Frowerk
Schubertstr. 1
75 031 Eppingen Germany Baden Württemberg
frowerkmo@gmail. com
Types of data processed:
- Inventory data (e. g. names, addresses).
- Contact details (e. g. e-mail, telephone numbers).
- Content data (e. g. , text input, photographs, videos).
- Usage data (e. g. , visited websites, interest in content, access times).
- Meta/communication data (e. g. device information, IP addresses).
Categories of persons concerned
Visitors and users of the online offer (hereinafter we refer to the persons concerned as “users”).
Purpose of processing
- Provision of the online offer, its functions and contents.
- Responding to 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 referred to as “data subject”), an identifiable natural person is considered to be a natural person who, directly or indirectly, in particular by assignment to an identifier such as a name, an identification number, location data, an online identifier (e. g. cookie) or may be identified with one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
“Processing” means any process carried out with or without the aid of automated processes or any such series of processes relating to personal data. The term goes far and covers practically any 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 addition of additional information, provided that such additional information is kept separately and subject to technical and organisational measures ensuring that the personal data is not attributed to an identified or identifiable natural person.
“profiling” means any type of automated processing of personal data which consists in 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, behaviour, residence or movement of that natural person.
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, decides on the purposes and means of processing personal data.
“processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. Unless the legal basis is mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 bed. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures as well as responding to inquiries is Art. 6 para. 1 bed. b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 bed. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 bed. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 bed. d GDPR as the legal basis.
Safety measures
In accordance with Art. 32 GDPR, 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 probability and severity of the risk to the rights and freedoms of natural persons, we take appropriate technical and organisational measures to ensure a level of protection commensurate with the risk.
Measures shall include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to, access to, input, disclosure, ensuring availability and separation of data. Furthermore, we have put in place procedures to ensure the exercise of data subject rights, the deletion of data and the response to threats to the data. Furthermore, we take into account the protection of personal data already during the development or selection of hardware, software and processes, in accordance with the principle of data protection through technical design and data protection-friendly presets (Art. 25 GDPR).
Cooperation with processors and third parties
If we disclose data to other persons and companies (processors or third parties) in the course of our processing, transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e. g. if a transfer of the data to third parties, such as payment service providers, pursuant to Art. 6 para. 1 lit. b GDPR is necessary for the performance of the contract. ), you have given your consent, a legal obligation to do so or on the basis of our legitimate interests (e. g. when using agents, web hosts, etc. ).
If we commission third parties to process data on the basis of a so-called “contract processing contract”, this is done on the basis of Art. 28 GDPR.
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 we do so in the context of the use of third party services or disclosure or transfer of data to third parties, we will only do so if we do so in order to fulfil our (pre) contractual obligations, based on your consent, on a legal basis 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. GDPR are met. This means that the processing is carried out e. g. 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 is being processed and to receive information about such data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 GDPR the right to request the completion of data concerning you or the correction of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately, or alternatively to demand a restriction of the processing of the data in accordance with Art. 18 GDPR.
You have the right to request that the data concerning you which you have provided to us be received in accordance with Art. 20 GDPR and to request their transfer to other data controllers.
You have further gem. Art. 77 GDPR the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke consent granted in acc. Art. 7 para. 3 GDPR to be revoked with effect for the future
Right of objection
You may object to the future processing of your data at any time in accordance with Art. 21 GDPR. The objection may in particular be made against processing for direct marketing purposes.
Cookies and right to object to direct advertising
Cookies" are small files that are stored on users' computers. Different information 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 his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie may store, for example, the contents of a shopping cart in an online store or a login status. Cookies that remain stored even after the browser is closed are referred to as "permanent" or "persistent". For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies" are cookies that are offered by providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as "first-party cookies").
We may use temporary and permanent cookies and provide information about this in our privacy policy.
If users do not want 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 declared for a large number of the services, especially in the case of tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that in this case not all functions of this online offer can be used.
Deletion of data
The data processed by us will be deleted or restricted in its processing in accordance with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of 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 the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for reasons of commercial or tax law.
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 (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years according to § 257 para. 1 nos. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, storage is carried out in particular for 7 years in accordance with § 132 para. 1 BAO (accounting records, vouchers/invoices, accounts, receipts, business papers, statement of income and expenditure, 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 provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
Business-related processing
In addition, we process
- Contract data (e.g., subject matter of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
of our customers, prospective customers and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
Brokerage services
We process the data of our customers, clients and interested parties (uniformly referred to as "customers") in accordance with Art. 6 para. 1 lit. b. DSGVO in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing are determined by the underlying order. In principle, this includes inventory and master data of customers (name, address, etc.), as well as contact data (e-mail address, telephone, etc.), contract data (content of the order, fees, terms, information on the mediated companies/insurers/services) and payment data (commissions, payment history, etc.). We may also process information on the characteristics and circumstances of persons or things belonging to them if this is part of the subject matter of our order. This may be, for example, information on personal circumstances, mobile or immobile tangible property.
Within the scope of our assignment, it may also be necessary for us to process special categories of data pursuant to Art. 9 (1) DSGVO, in this case in particular information on the health of a person. For this purpose, we obtain, if necessary, according to Art. 6 para. 1 lit a., Art. 7, Art. 9 para. 2 lit a DSGVO an explicit consent of the customer.
If necessary for the fulfillment of the contract or required by law, we disclose or transmit the data of the customers in the context of coverage requests, conclusions and processing of contracts data to providers of the mediated services / objects, insurers, reinsurers, broker pools, technical service providers, other service providers, such as e.g. cooperating associations. e.g. cooperating associations, as well as financial service providers, credit institutions and investment companies as well as social insurance institutions, tax authorities, tax advisors, legal advisors, auditors, insurance ombudsmen and the Federal Financial Supervisory Authority (BaFin). Furthermore, we may engage subcontractors, such as sub-brokers. We obtain the customers' consent if this is required for the disclosure/transfer of a customer's consent (which may be the case, for example, in the case of special categories of data pursuant to Art. 9 DSGVO).
The deletion of the data takes place after the expiry of legal warranty and comparable obligations, whereby the necessity of the retention of the data is reviewed every three years; otherwise, the legal retention obligations apply.
In the case of statutory archiving obligations, deletion takes place after their expiry. In particular, according to German law in the insurance and finance industry, records must be retained for 5 years, broker contract notes for 7 years and broker contracts for 5 years, as well as generally 6 years for documents relevant under commercial law and 10 years for documents relevant under tax law.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke