Imprint and data privacy statement
Data Privacy Statement
This data privacy statement informs you about how, on which scope and why we collect and process personalized data (in the following: ‘data’) within the scope of our online presence and ist connected website, functions and contents as well as external online presences such as our social media profiles. (In the following: “online offer” The use of expressions such as ‘processing’ or ‘controller’ are based on the definitions in article 4 of the General Data Protection Regulation (GDPR).
Julie Marie, Marx/ Journeys & Jaunts
In der Zennwies 2
email address: firstname.lastname@example.org
link leading to this imprint: http://journeysnjaunts.com/contact/
Kinds of Processed Data:
– stock data (i.e. names, addresses).
– contact data (i.e. email, phone numbers).
– content data (i.e. text entry, photos, videos).
– user data (i.e. pages visited, interest in content, time of access).
– meta and communication data (i.e. information about devices, IP addresses).
Categories of Data Subjects
Visitors and users of the online offer (in the following, the data subjects will summarily be called ‘users’).
Purpose of Data Processing
– making the online offer, its functions and contents available.
– answering contact requests and communication with users.
– safety measures.
– measuring reach/marketing
‘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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and encompasses basically any handling of data.
‘Controller’ means 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.
Relevant Legal Framework
According to article 13 GDPR, we inform you about the legal framework of our data processing. If the legal framework is not explicitly mentioned, the following is applicable: The legal framework for giving consent to processing of data is article 6.1 lit. a and article 7 of GDPR. The legal framework for the processing of data for the provision of services and for the performance of a contract to which the data subject is party as well as the answering of contact requests is article 6.1 lit. b of GDPR. The legal framework for the processing of data for the purposes of our legitimate interests is article 6.1 lit. f of GDPR. Should vital interests of the data subject or of another natural person make the processing of personalized data necessary, the legal framework will be article 6.1 lit. d of GDPR.
Collaboration with Processors and Third Parties
Should we make data available, transfer data or otherwise give access to data to other persons or legal entities (processors or third parties) in the context of our data processing, we will only do so on the basis of a legal permission (i.e. when transmitting data to third parties, such as a payment service provider is necessary for the performance of a contract according to article 6.1 lit. b of GDPR), only after you have given consent, there is a legal obligation or on the basis of our legitimate interests (such as when using agents, web hosting services etc.).
Should we task third parties with the processing of data on the basis of a so-called ‘processor contract’, this happens according to article 28 of GDPR.
Transfers to Third Countries
If we process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of 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 in the presence of the special conditions of article 44 ff. GDPR. This means when the processing is for instance on the basis of specific guarantees, such as the officially recognized level of data protection (e.g. for the USA through the “Privacy Shield”) or on the basis of compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of Data Subjects
You have the right to ask for confirmation as to whether the data in question is being processed and for information about this data as well as for further information and a copy of the data in accordance with article 15 GDPR.
According to article 16 GDPR, you have the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with article 17 GDPR, you have the right to demand that data related to you be deleted without delay, or, alternatively, require a restriction of the processing of data in accordance with article 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with article 20 GDPR and request its transmission to other controllers.
According to article 77 GDPR, you have the right to file a complaint with the competent supervisory authority.
Right to Withdraw Consent
According to article 7.3 GDPR, you have the right to withdraw your given consent with effect for the future.
Right to Object
You have the right to object to the future processing of personal data concerning you, in accordance with article 21 GDPR. Should you object to the processing of your data for direct marketing purposes, your personal data shall no longer be processed for such purposes.
Cookies and Right to Object to Direct Marketing
“Cookies” are small files that are stored on the users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about the 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 service and closes his or her browser. In such a cookie, e.g. the contents of a shopping cart are stored in an online store or a login status. The term “permanent” or “persistent” refers to cookies that remain stored even after the browser has been closed. Thus, the login status for instance will be saved if users visit it after several days. Likewise, in such a cookie, the interests of the users which are used for range measurement or marketing purposes, can be stored,. A “third-party cookie” refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, they are called “first-party cookies”).
We are allowed to use temporary and permanent cookies and clarify this in the context of our data privacy statement.
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser’s system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Erasure of Data
The data processed by us is deleted or limited in its processing in accordance with articles 17 and 18 GDPR. Unless explicitly stated in this data privacy statement, the data stored by us is deleted as soon as it is no longer required for its purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legitimate purposes, its processing will be restricted. That means the data is blocked and not processed for other purposes. This applies, for example for data that must be kept for commercial or tax reasons.
According to legal requirements in Germany, storage of data is obligatory for 6 years in accordance with article 257.1 HGB, (the German Commercial Code) (trading books, inventories, opening balance sheets, annual accounts, trade letters, accounting documents, etc.) and for 10 years in accordance with article 147.1 AO (the German Fiscal Code) (books, records , management reports, accounting documents, trade and business letters, documents relevant to taxation, etc.).
According to legal regulations in Austria, storage of data is obligatory for 7 years according to article 132.1 BAO (the Austrian Fiscal Code) (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
Additionally we process
– contract data (e.g., subject, term, customer category).
– payment data (e.g., bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
The hosting services we use are for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security and technical maintenance services we use to operate this online offer.
Here we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to article 6.1 lit. f GDPR as well as article 28 GDPR (conclusion of order processing contract).
Collection of Access Data and Logfiles
We, or our hosting provider, collects data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the provisions of article6.1 lit. f. GDPR. The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security purposes (for example to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes shall be exempted from the cancellation until final clarification of the incident.
Provision of Contractual Services
We process inventory data (e.g., names and addresses as well as contact information of users), contract data (e.g., services used, names of contacts, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with article 6.1 lit b GDPR. The entries marked as obligatory in online forms are required for the conclusion of the contract.
As part of the use of our online services, we store the IP address and the time of each user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with article 6.1 lit. c GDPR.
We process usage data (e.g., the web pages of our online offering visited, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile to inform the user e.g. to display product instructions based on their previously used services.
The deletion of the data takes place after expiration of legal warranty and comparable obligations, the necessity of the storage of the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration. Information in the customer’s account remains until it is deleted.
Administration, Financial Accounting, Office Organization, Contact Management
We process data in the context of administrative tasks and the organization of our business, financial accounting and compliance with legal obligations, such as archiving. We process the same data that we process in the course of rendering our contractual services. The processing principles are based on article 6.1 lit. c. GDPR, article 6.1 lit. f. GDPR. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual performance and contractual communication corresponds to the information provided in these processing activities.
We disclose or transmit data to the financial administration, consultants, such as tax accountants or auditors, and other fee agents and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, promoters and other business partners, e.g. for later contact. We generally store this majority of company-related data permanently.
Business Analysis and Market Research
In order to operate our business economically, to be able to recognize market trends, customer and user requirements, we analyze the data we have on business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data and metadata on the basis of article 6.1 lit. f. GDPR, whereby the persons affected include customers, prospects, business partners, visitors and users of the online offer.
The analyses are carried out for the purpose of business analysis, marketing and market research. In doing so, we can display the profiles of the registered users with indications e.g. to consider their purchase transactions. The analyses help us to increase user-friendliness, the optimization of our offer and the business economics. The analyses are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyses.
If these analyses or profiles are personal, they will be deleted or anonymized upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyses and general trend provisions are created anonymously if possible.
Amazon Affiliate Program
Users can optionally create a user account. As part of the registration, the necessary mandatory information is communicated to the users. The data entered during registration will be used for the purpose of using the offer. Users may be informed via email about offer or registration-related information, such as changes in the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention being necessary for commercial or tax law reasons according to article 6.1 lit. c GDPR. It is the responsibility of the users to secure their data upon termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
As part of the use of our registration and signing-in functions and the use of user accounts, we will save the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. A transfer of this data to third parties does not take place, unless it is necessary for the prosecution of our claims or there is a legal obligation in accordance with. Article 6.1 lit. c GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.
Getting in Contact
When contacting us (for example via the contact form, email, telephone or via social media) we use the user information to process the contact request and its processing in accordance with article 6.1 lit. b GDPR processed. User information can be stored in a Customer Relationship Management System (“CRM System”) or a comparable request organization system.
We delete the requests when they are no longer required. We check the necessity for doing so every two years; Furthermore, the legal archiving obligations apply.
Comments and Posts
When users leave comments or other contributions, their IP addresses are stored for 7 days based on our legitimate interests, which is in accordance with article 6.1 lit. f. GDPR. This is for our own safety. For, if someone leaves illegal content in comments and contributions (insults, prohibited political propaganda, etc.), we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.
Users may consent to subscribe to receiving the follow-up comments via email, in accordance with. Article 6.1 lit. a GDPR. Users will receive a confirmation email to verify that they own the email address they entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain notes on the revocation options.
Our online offer uses the “Akismet” service offered by Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA. The use is based on our legitimate interests within the meaning of article 6.1 lit. f) GDPR. With the help of this service, comments of real people are distinguished from spam comments. All comment information is sent to a server in the US, where it is analyzed and stored for four days for comparison. If a comment has been classified as spam, the data will be stored beyond that time. This information includes the name entered, the email address, the IP address, the comment content, the referrer, details of the browser used, the computer system and the time of the entry. Automattic is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active). For more information about the collection and use of data by Akismet, see the Automattic Privacy Notice: https://automattic.com/privacy/. Users are welcome to use pseudonyms, or to refrain from entering the name or email address. You can completely prevent the transfer of data by not using our commenting system. That would be a shame, but unfortunately, we see no other alternatives that work to the same effect.
Profile Pictures from Gravatar
We use the Gravatar service of Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA, within our online offering and specifically on the blog.
Gravatar is a service that allows users to log in and submit profile pictures and their email addresses. If users with the respective email address on other online sites (especially in blogs) leave posts or comments, their profile pictures can be displayed next to the posts or comments. For this purpose, the email address communicated by the users to Gravatar is transmitted in an encrypted fashion in order to check whether a profile is stored for it. This is the sole purpose of sending the email address and it will not be used for other purposes, but be deleted afterwards.
The use of Gravatar is based on our legitimate interests within the meaning of article 6.1 lit. f) GDPR, because with the help of Gravatar we offer the post and comment writers the opportunity to personalize their posts with a profile picture.
Automattic is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
By displaying the images, Gravatar has been made aware of the IP address of the users, as this is necessary for communication between a browser and an online service. For more information about Gravatar’s collection and use of data, see the Automattic Privacy Notice: https://automattic.com/privacy/.
If users do not want a user picture linked to their email address on Gravatar to appear in the comments, they should use a non-Gravatar email address to comment. We also point out that it is likewise possible to use an anonymous or even no email address if the users do not want their own e-mail address to be sent to Gravatar. Users can completely prevent the transfer of data by not using our commenting system.
With the following information we inform you about the content of our newsletter as well as the registration, dispatch and statistical evaluation procedures and your right to object. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, emails and other electronic notifications with advertising information (hereinafter “newsletter”) only with the consent of the recipient or a legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Incidentally, our newsletter contains information about our services and us.
Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. That means that after registration, you will receive an email asking you to confirm your registration. This confirmation is necessary so that nobody can register with external email addresses. The registration for the newsletter will be logged in order to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider will be logged.
Login details: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address.
Germany: The dispatch of the newsletter and the associated performance measurement is based on the consent of the recipient according to article 6.1 lit. a, and article 7 GDPR in connection with article 7.2.3 UWG (the German Fair Trade Practices Act) or on the basis of the legal permission according to article 7.3 UWG.
The logging of the registration process is based on our legitimate interests in accordance with. Article 6.1 lit. f GDPR. Our interest lies in the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to prove our consent.
Termination / Revocation – You may terminate the receipt of our newsletter at any time, i.e. revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may save the submitted email addresses for up to three years based on our legitimate interests before deleting them for the purpose of sending out newsletters in order to provide evidence of prior consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
Newsletter – Email Marketing Service
The email marketing service provider may use the data of the recipients in pseudonymous form, i.e. without directly assigning them to a user, to optimize or improve their own services, e.g. for the technical optimization of sending out emails and the presentation of newsletters or for statistical purposes. However, the email marketing service provider does not use the data of our newsletter recipients to address them directly or to pass the data on to third parties.
Newsletter – Performance Measurement
The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file that is retrieved from the server when opening the newsletter from our email marketing service provider’s server. This will collect technical information, such as information about the browser and your system, as well as your IP address and time of retrieval.
This information is used to improve the technical performance of services based on their specifications or audience and users’ reading habits, based on their locations (which can be determined using the IP address) or access times. Statistical surveys also include determining if the newsletters will be opened, when they will be opened and which links will be clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our goal nor that of the email marketing service provider to observe individual users. The evaluations serve us instead to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
Jetpack (WordPress Stats)
Based on our legitimate interests (i.e. an interest in analyzing, optimizing and operating our online offer in an economic manner within the meaning of article 6.1 lit. f GDPR), we use the plugin Jetpack (here the subfunction “WordPress Stats”), which includes a tool statistically evaluating visitors’ access, which is created by Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110, USA. Jetpack uses so-called “cookies”, text files that are stored on your computer and that allow an analysis of your use of a certain website.
Automattic is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000CbqcAAC&status=Active).
Google Universal Analytics
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We use Google Universal Analytics. “Universal Analytics” means a process of Google Analytics in which the user analysis is based on a pseudonymous user ID and thus a pseudonymous profile of the user is created with information from the use of different devices (so-called “cross-device tracking”) ,
We only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection of the data generated by the cookie by Google and related to the use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: http: // tools .google.com / dlpage / gaoptout? hl = en.
For more information about Google’s data usage, hiring and opt-out options, please visit Google’s websites: https://www.google.com/intl/en/policies/privacy/partners (“Google’s use of your data when you use websites or apps of our partners “), http://www.google.com/policies/technologies/ads (” Use of data for promotional purposes “), and http://www.google.com/settings/ads (” Manage information that Google uses to show you advertising “).
Online Presence on Social Media
We maintain online presences on different social networks and platforms in order to communicate with customers, prospects and users active there and to inform them about our services. When entering the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless otherwise stated in our Data Privacy Statement, we process users’ data as long as they communicate with us on social networks and platforms, e.g. write posts on our online presence or send us messages.
Integration of Services and Content of Third Parties
Based on our legitimate interests (i.e. the interest in analyzing, optimizing and operating our online offer in an economic manner as per article 6.1 lit. f GDPR), we make use of content or services offered by third-party providers in order to provide their content and services, such as including videos or fonts (collectively referred to as “content”).
This always presupposes that the third-party providers of this content are made aware of the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online offer.
Usage of Facebook Social Plugins
Based on our legitimate interests (i.e. the interest in analyzing, optimizing and operating our online offer in an economic manner as per article 6.1 lit. f GDPR), we use social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”). The plugins can represent interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on blue tile, the terms “Like” or a “thumbs up” sign) or are marked with the addition “Facebook Social Plugin”. The list and appearance of Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user invokes a feature of this online offer that includes such a plugin, their device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the device of the user and incorporated by him into the online offer. In the process, user profiles can be created from the processed data. We therefore have no influence on the amount of data that Facebook collects with the help of this plugin and therefore informs the users according to our knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. If users interact with the plugins, for example, press the Like button or leave a comment, the information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and save their IP address. According to Facebook, in Germany, only anonymized IP addresses are stored.
If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Other settings and inconsistencies regarding the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American site http://www.aboutads.info / choices / or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
The German version of this data privacy statement was compiled using Datenschutz-Generator.de by RA Dr. Thomas Schwenke. Translation was done by Julie Marx of Journeys & Jaunts. In the case of discrepancies between the German and the English text, the German text shall be valid.