- 1 Responsible party
- 2 Types of data processed
- 3 Categories of persons concerned
- 4 Purpose of processing
- 5 Terms used
- 6 Applicable legal bases
- 7 Safety precautions
- 8 Cooperation with contract processors, jointly responsible persons and third parties
- 9 Transfers to third countries
- 10 Rights of data subjects
- 11 Right of revocation
- 12 Right of objection
- 13 Cookies and right of objection in direct advertising
- 14 Deletion of data
- 16 Agency services
- 17 Comments and contributions
- 18 Retrieval of profile pictures from Gravatar
- 19 Contacting
- 20 Hosting and email dispatch
- 21 Google Analytics
- 22 Online presence in social media
- 23 Google Fonts
Email address: firstname.lastname@example.org
Legal notice: https://www.happycoders.eu/legal-notice/
Types of data processed
- Inventory data (e.g. personal master data, names or addresses).
- Contact information (e.g. email, 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 referred to as “users”).
Purpose of processing
- Provision of the online offer, its functions and contents.
- Response to contact requests and communication with users.
- Security measures.
- Range measurement/marketing.
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”). An identifiable natural person is one who can be identified directly or indirectly, in particular by assigning an identification such as a name, an identification number, location data, an online identification (e.g. cookie) or one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
“Processing” means any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data. The term goes a long way and covers practically every handling of data.
“Pseudonymisation” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this 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.
“Profiling” means any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or relocation of that natural person.
“Responsible party” means the natural or legal person, authority, institution, or other body that, alone or together with others, decides on the purposes and means of processing personal data.
“Processor” means a natural or legal person, authority, institution or other body processing personal data on behalf of the responsible party.
Applicable legal bases
In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. For users from the scope of the General Data Protection Regulation (GDPR), i.e. from the EU and the EEC, the following applies, unless the legal basis is specified in the data protection declaration:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR;
The legal basis for the processing for the fulfilment of our services and the execution of contractual measures, as well as for answering of inquiries is Art. 6 para. 1 lit. b GDPR;
The legal basis for the processing for the fulfilment of our legal obligations is Art. 6 para. 1 lit. c GDPR;
In the event that the vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
The legal basis for the processing required to carry out a task in the public interest or in the exercise of official authority assigned to the person responsible is Art. 6 para. 1 lit. e GDPR.
The legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR.
The processing of data for purposes other than those for which they were collected is governed by the provisions of Art. 6 para. 4 GDPR.
The processing of special categories of data (in accordance with Art. 9 para. 1 GDPR) is governed by the provisions of Art. 9 para. 2 GDPR.
We take appropriate technical and organisational measures to ensure a level of protection appropriate for the risk, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of processing, as well as the different probabilities of occurrence and severity of the risk to the rights and freedoms of natural persons.
Such measures shall, in particular, include ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures to ensure the exercise of the rights of data subjects, deletion of data and reaction to endangerment of data. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly presets.
Cooperation with contract processors, jointly responsible persons and third parties
If we disclose data to other persons and companies (contract processors, jointly responsible persons or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transfer of the data to third parties, such as to payment service providers, is necessary for contract fulfilment), if users have consented, if a legal obligation provides for this, or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose, transfer or otherwise grant access to data to other companies in our group of companies, this is done for administrative purposes as a legitimate interest and beyond that on a basis in accordance with legal requirements.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation), or if this occurs in the context of the use of third-party services or disclosure or transfer of data to other persons or companies, this only takes place if it occurs in order to fulfil 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 leave the data in a third country only if the legal requirements are met, i.e. the processing takes place, for example, on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognised special contractual obligations.
Rights of data subjects
You have the right to request confirmation as to whether the data concerned are being processed and to request information about this data, as well as further information and a copy of the data in accordance with the legal requirements.
In accordance with legal requirements, you have the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
In accordance with legal requirements, you have the right to demand that the relevant data be deleted immediately or, alternatively, to demand a restriction on the processing of the data in accordance with legal requirements.
You have the right to request that the data concerning you that you have provided to us be received in accordance with the legal requirements and to request its transmission to other persons responsible.
Furthermore, you have the right to file a complaint with the competent supervisory authority in accordance with legal requirements.
Right of revocation
You have the right to revoke consent given with effect for the future.
Right of objection
You can object to the future processing of the data concerning you in accordance with the legal requirements at any time. The objection may be lodged in particular against processing for direct marketing purposes.
Cookies and right of objection in direct advertising
“Cookies” are small files that are stored on the user’s computer. Different data can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after his or her 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 their browser. In such a cookie, for example, the content of a shopping basket in an online shop or a login status can be stored. Cookies referred to as “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved when users visit it after several days. Likewise, the interests of users used for range measurement or marketing purposes may be stored in such a cookie. Third-party cookies are cookies that are offered by providers other than the person responsible for operating 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 clarify this within the framework of our data protection declaration.
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.
Deletion of data
The data processed by us will be deleted or its processing restricted in accordance with legal requirements. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations.
If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted, i.e. the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
We ask you to inform yourself regularly about the contents of our data protection declaration. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.
We process our customers’ data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.
We process inventory data (e.g. customer master data such as names or addresses), contact data (e.g. email, telephone numbers), content data (e.g. text entries, photographs, videos), contract data (e.g. subject matter of the contract, terms), payment data (e.g. bank details, payment history), usage and metadata (e.g. as part of the evaluation and performance measurement of marketing measures). We do not process special categories of personal data unless these are part of commissioned processing. This includes our customers, prospects, their customers, users, website visitors or employees, as well as third parties. The purpose of the processing is to provide contractual services, billing and our customer service. The legal basis for processing results from Art. 6 para. 1 lit. b GDPR (contractual services), Art. 6 para. 1 lit. f GDPR (analysis, statistics, optimisation, safety measures). We process data which are necessary to justify and fulfil the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary within the framework of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements for order processing pursuant to Art. 28 GDPR and process the data for no other purposes than those stipulated in the order.
We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is checked every three years. In the case of statutory archiving obligations, the data is deleted after expiry (six years, in accordance with Art. 257 para. 1 HGB, 10 years in accordance with Art. 147 para. 1 AO). In the case of data disclosed to us within the scope of an order by the customer, we delete the data in accordance with the specifications of the order, generally after the end of the order.
Comments and contributions
If users leave comments or other contributions, their IP addresses may be used on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR for seven days. This takes place for our safety, in case someone leaves illegal content in comments and contributions (insults, forbidden political propaganda, etc.). In this case, we can be prosecuted ourselves for the comment or contribution and are therefore interested in the identity of the author.
Furthermore, we reserve the right, on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. GDPR to process user information for spam detection.
The personal information provided in the context of the comments and contributions, any contact and website information, as well as the content information, will be permanently stored by us until the user objects.
Retrieval of profile pictures from Gravatar
We use the Gravatar service from Automattic Inc. 60 29th Street #343, San Francisco, CA 94110, USA, within our online offer and especially in our blog.
Gravatar is a service where users can log in and store profile pictures and their email addresses. If users leave contributions or comments on other websites (especially in blogs) with the respective email address, their profile pictures can be displayed next to the contributions or comments. For this purpose, the email address provided by the users is transmitted to Gravatar in encrypted form for the purpose of checking whether a profile has been saved for it. This is the sole purpose of the transmission of the email address and it will not be used for other purposes, but will be deleted thereafter.
The use of Gravatar is based on our legitimate interests within the meaning of Art. 6 Para. 1 lit. f GDPR, as we offer users the ability to personalise their contributions with a profile picture with the help of Gravatar.
If users do not want an image associated with their email address to appear in Gravatar’s comments, you should use a non-Gravatar email address for commenting. We would also like to point out that it is also possible to use an anonymous or no email address at all if users do not wish their own e-mail address to be sent to Gravatar. Users can completely prevent the transfer of data by not using our comment system.
When contacting us (e.g. via contact form, email, telephone or social media), the user’s details for processing the contact enquiry and its processing pursuant to Art. 6 para. 1 lit. b (in the context of contractual/pre-contractual relationships), Art. 6 para. 1 lit. f (other requests) GDPR. User information can be stored in a customer relationship management system (“CRM system”) or comparable request organization.
We delete the requests if they are no longer necessary. We review the necessity every two years. The statutory archiving obligations also apply.
Hosting and email dispatch
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, email delivery, security services and technical maintenance services that we use for the purpose of operating this online offer.
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 of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 Para. 1 lit. f GDPR in conjunction with. Art. 28 GDPR (conclusion of order processing contract).
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (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 associated with the use of this online offer and the use of the internet. Pseudonymous user profiles can be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly. Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout.
Further information on data use by Google, possible settings and objections can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Users’ personal data will be deleted or made anonymous after 14 months.
We maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them about our services.
We would like to point out that user data can be processed outside the European Union. This can pose risks to users because, for example, it could make it more difficult to enforce users’ rights. With regard to US providers certified under the Privacy Shield, we would like to point out that they commit themselves to complying with EU data protection standards.
Furthermore, user data is usually processed for market research and advertising purposes. Thus, for example, user profiles can be created based on user behaviour and the resulting interests of users. The usage profiles can, in turn, be used, for example, to place advertisements inside and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the user’s computer, in which the user’s usage behaviour and interests are stored. Furthermore, data can also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to these).
The processing of users’ personal data is carried out on the basis of our legitimate interests in effective user information and communication with users pursuant to Art. 6 para. 1 lit. f GDPR. If users are asked by the respective providers for consent to data processing (i.e. give their consent e.g. by ticking a checkbox or confirming a button), the legal basis of processing is Art. 6 para. 1 lit. a, Art. 7 GDPR.
For a detailed description of the respective processing and the possibilities of objection (opt-out), we refer to the information provided by the providers linked below.
Also in the case of requests for information and the assertion of user rights, we point out that these can be asserted most effectively with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. If you still need help, you can contact us.