DATA PROTECTION

In accordance with the legal requirements of data protection law (in particular in accordance with BDSG n.F. and the European Data Protection Regulation ‘DSGVO’), we inform you below about the nature, scope and purpose of the processing of personal data by our company. This privacy policy also applies to our websites and social media profiles. Regarding the definition of terms such as “personal data” or “processing”, we refer to Art. 4 DSGVO.

Name and contact details of the person(s) responsible
Our responsible person(s) (hereinafter “responsible person”) in the sense of Art. 4 fig. 7 DSGVO is:

JMD Jens Munser Designs
Karl-Scharfenberg-Str. 70
38229 Salzgitter, Germany
e-mail address: info@jmd.de

Types of data, purposes of processing and categories of data subjects

In the following, we inform you about the type, scope and purpose of the collection, processing and use of personal data.

1. Types of data we process
Inventory data (name, address, etc.), contact data (telephone number, e-mail, fax, etc.)

2. Purposes of the processing according to Art. 13 (1) c) DSGVO
Settlement of contracts

3. Categories of data subjects according to Art. 13 (1) e) DSGVO

Visitors/users of the website, customers, interested parties.

The data subjects are collectively referred to as “users”.

Legal basis for the processing of personal data

Below we inform you about the legal basis for the processing of personal data:

  1. If we have obtained your consent for the processing of personal data, Art. 6 para. 1 p. 1 lit. a) DSGVO is the legal basis.
  2. If the processing is necessary for the fulfillment of a contract or for the implementation of pre-contractual measures, which are carried out upon your request, then Art. 6 para. 1 p. 1 lit. b) DSGVO is the legal basis.
  3. If the processing is necessary for the fulfillment of a legal obligation to which we are subject (e.g. legal retention obligations), then Art. 6 para. 1 p. 1 lit. c) DSGVO is the legal basis.
  4. If the processing is necessary to protect vital interests of the data subject or another natural person, the legal basis is Art. 6 (1) p. 1 lit. d) DSGVO.
  5. If the processing is necessary to protect our legitimate interests or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not override in this respect, then Art. 6 (1) p. 1 lit. f) DSGVO is the legal basis.

Disclosure of personal data to third parties and processors

As a matter of principle, we do not pass on any data to third parties without your consent. If this should nevertheless be the case, then the disclosure is made on the basis of the previously mentioned legal grounds, e.g. in the case of the disclosure of data to online payment providers for the fulfillment of the contract or due to a court order or because of a legal obligation to hand over the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.

We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processors as part of a contract processing agreement, this is always done in accordance with Art. 28 DSGVO. In doing so, we carefully select our processors, regularly monitor them and have been granted a right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and comply with the data protection regulations according to BDSG n.F. and DSGVO.

Data transfer to third countries

The adoption of the European General Data Protection Regulation (GDPR) has created a uniform basis for data protection in Europe. Your data is therefore predominantly processed by companies to which DSGVO applies. If, however, processing is carried out by services of third parties outside the European Union or the European Economic Area, these must meet the special requirements of Art. 44 et seq. GDPR. This means that the processing takes place on the basis of special guarantees, such as the officially recognized determination by the EU Commission of a level of data protection corresponding to the EU or the observance of officially recognized special contractual obligations, the so-called “standard contractual clauses”. In the case of U.S. companies, submission to the so-called “Privacy Shield”, the data protection agreement between the EU and the U.S., fulfills these requirements.

Deletion of data and storage period

Unless expressly stated in this privacy policy, your personal data will be deleted or blocked as soon as the purpose for storing it no longer applies, unless its further storage is required for evidence purposes or is contrary to statutory retention obligations. This includes, for example, retention obligations under commercial law for business letters in accordance with Section 257 (1) of the German Commercial Code (HGB) (6 years) and retention obligations under tax law for receipts in accordance with Section 147 (1) of the German Fiscal Code (AO) (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfillment of a contract.

Existence of automated decision making

We do not use automated decision making or profiling.

Provision of our website and creation of log files

  1. If you only use our website for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data: – IP address;
    • Internet service provider of the user;
    • Date and time of access;
    • Browser type;
    • Language and browser version;
    • Content of the retrieval;
    • Time zone;
    • Access status/HTTP status code;
    • Amount of data;
    • Websites from which the request came;
    • Operating system.
    A storage of these data together with other personal data of you does not take place.
  2. This data serves the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as its optimization and statistical evaluation.
  3. The legal basis for this is our legitimate interest in data processing, which also lies in the above purposes, in accordance with Art. 6 (1) sentence 1 lit. f) DSGVO.
  4. For security reasons, we store this data in server log files for a period of days. After this period, they are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.

Contact us via contact form / e-mail / fax / mail

  1. When contacting us via contact form, fax, mail or e-mail, your information will be processed for the purpose of handling the contact request.
  2. The legal basis for the processing of data is Art. 6 para. 1 p. 1 lit. a) DSGVO if you have given your consent. The legal basis for the processing of data transmitted in the course of a contact request or e-mail, letter or fax is Art. 6 para. 1 p. 1 lit. f) DSGVO. The responsible party has a legitimate interest in processing and storing the data in order to be able to respond to user inquiries, to preserve evidence for liability reasons and, if necessary, to be able to comply with its statutory retention obligations for business letters. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 p. 1 lit. b) DSGVO.
  3. We may store your information and contact request in our customer relationship management system (“CRM System”) or similar system.
  4. The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with you has ended. The conversation is ended when it is clear from the circumstances that the matter in question has been conclusively clarified. We store inquiries from users who have an account or contract with us until two years after termination of the contract. In the case of legal archiving obligations, the deletion takes place after their expiry: end of commercial law (6 years) and tax law (10 years) retention obligation.
  5. You have the possibility at any time to revoke the consent according to Art. 6 para. 1 p. 1 lit. a) DSGVO for the processing of personal data. If you contact us by e-mail, you can object to the storage of personal data at any time.

Contact by phone

  1. When contacting us by phone, your phone number will be processed and temporarily stored or displayed in the RAM / cache of the phone device / display for processing the contact request and its handling. The storage takes place for liability and security reasons, in order to be able to lead the proof of the call as well as for economic reasons, in order to make a recall possible. In the case of unauthorized advertising calls, we block the phone numbers.
  2. The legal basis for the processing of the telephone number is Art. 6 para. 1 p. 1 lit. f) DSGVO. If the contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b) DSGVO.
  3. The device cache stores calls for 30 days and successively overwrites or deletes old data; when the device is disposed of, all data is deleted and the memory destroyed if necessary. Blocked phone numbers are checked annually for the necessity of blocking.
  4. You can prevent the phone number from being displayed by calling with the phone number suppressed.

Social media presence

  1. We maintain profiles and fan pages in social media in order to communicate with the users connected and registered there and to provide information about our products, offers and services. The US providers are certified under the so-called Privacy Shield and are thus obliged to comply with European data protection. When you use and access our profile in the respective network, the respective data protection information and terms of use of the respective network apply.
  2. We process the data you send us via these networks in order to communicate with you and to reply to your messages there.
  3. The legal basis for the processing of personal data is our legitimate interest in communicating with users and our external presentation for the purpose of advertising in accordance with Art. 6 para. 1 p. 1 lit. f) DSGVO. Insofar as you have given the responsible party of the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 p. 1 lit. a) and Art. 7 DSGVO.
  4. The data protection notices, information options and objection options (opt-out) of the respective networks can be found here: • Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland) – Privacy policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active. • Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy policy/ Opt-Out: http://instagram.com/about/legal/privacy/.• Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

Social-Media-Plug-ins

  1. We use social media plug-ins from social networks on our website. We use the so-called “two-click solution” hariff from c’t and heise.de. When our website is accessed, no personal data is transmitted to the providers of the plug-ins as a result. Next to the logo or brand of the social network, you will find a slider with which you can activate the plug-in by clicking on it. After activation, the provider of the social network receives the information that you have accessed our website and your personal data is transmitted to the provider of the plug-in and stored there. These are so-called third party cookies. According to some providers such as Facebook and XING, your IP is anonymized immediately after collection.
  2. The data collected about the user is stored by the plug-in provider as usage profiles. These are used for purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (also for non-logged-in users) for the display of needs-based advertising and to inform other users of the social network about the user’s activities on our website. The user has a right to object to the creation of these user profiles, whereby one must contact the respective plug-in provider to exercise this right.
  3. The legal basis for the use of the plug-ins is our legitimate interest in improving and optimizing our website by increasing our visibility through social networks as well as the possibility of interaction with you and users among themselves via social networks pursuant to Art. 6 para. 1 sentence 1 lit. f) DSGVO.
  4. We have no influence on the collected data and data processing procedures. We also have no knowledge of the scope of data collection, the purpose of processing and the storage periods. We also have no information about the deletion of the collected data by the plug-in provider.
  5. With regard to the purpose and scope of data collection and processing, we refer to the respective privacy statements of the social networks. In addition, you will also find information about your rights and setting options for the protection of your personal data.

Facebook

  1. We have plug-ins on our website from the social network Facebook.com (Headquarters in the EU: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Irland) in the context of the so-called “two-click solution” from Shariff. You can recognize these by the Facebook logo “f” or the addition “Like”, “Gefällt mir” or “Share”.
  2. As soon as you activate the Facebook plug-in, a connection from your browser to the Facebook servers is established. In doing so, Facebook receives the information, including your IP, that you have accessed our website and transmits this information to Facebook servers in the USA, where this information is stored. If you are logged into your account on Facebook, Facebook can assign this information to your account. When using the functions of the plug-in, e.g. pressing the “Like” button, this information is also transmitted from your browser to Facebook’s servers in the USA and stored there as well as displayed in your Facebook profile and possibly to your friends.
  3. The purpose and scope of the data collection and its further processing and use by Facebook, as well as your rights in this regard and settings options to protect your privacy, can be found in the privacy policy of Facebook: https://www.facebook.com/about/privacy/. Data collection for the “Like” button: https://www.facebook.com/help/186325668085084. You can manage and object to your settings regarding the use of your profile data for advertising purposes on Facebook here: https://www.facebook.com/ads/preferences/.
  4. If you log out of Facebook before visiting our website and delete your cookies, no data about your visit to our website will be assigned to your profile on Facebook when the plug-in is activated.
  5. You can also prevent the Facebook plug-in from loading by using so-called “Facebook Blocker”, which you can install as an add-on for your browser: Facebook Blocker for Firefox, Chrome and Opera or 1blocker for Safari, iPad and iPhone.
  6. Facebook has submitted to the Privacy Shield and thus ensures that European data protection law is complied with: https://www.privacyshield.gov/EU-US-Framework.

Twitter

  1. We have integrated plug-ins from the social network Twitter.com (Twitter Inc., 1355 Market St., Suite 900, San Francisco, California 94103, USA) on our website as part of the so-called “two-click solution” from Shariff. You can recognize these plug-ins by the Twitter logo with a white bird on a blue background. You can find an overview of Twitter buttons or tweets at: https://developer.twitter.com/en/docs/twitter-for-websites/overview.
  2. If you are logged into your Twitter account while you voluntarily activate the Twitter plug-ins, Twitter can associate the call to our website with your Twitter profile. We do not know which data is transmitted to Twitter.
  3. If you would like to exclude data transmission to Twitter when activating the plug-in, log out of Twitter before visiting our website and delete your cookies.
  4. The purpose and scope of the data collection and its further processing and use by Twitter, as well as your rights in this regard and settings options to protect your privacy, can be found in the privacy policy of Twitter: https://twitter.com/de/privacy. Opt-Out: https://twitter.com/personalization.
  5. Twitter has submitted to the Privacy Shield and thus ensures that European data protection law is complied with: https://www.privacyshield.gov/EU-US-Framework.

Instagram

  1. We have integrated plug-ins from the social network Instagram (Instagram LLC., 1601 Willow Road, Menlo Park, CA, 94025, USA) on our website as part of the so-called “two-click solution” from Shariff. You can recognize these by the Instagram logo in the form of a square camera.
  2. If you voluntarily activate the plug-in, a connection is established from your browser to the servers of Instagram. Instagram receives the information, including your IP address, that you have visited our site and transmits the information to Instagram servers in the USA, where this information is stored. If you are logged into your account on Instagram, Instagram can assign this information to your account and you can click the Instagram button and thus share and save the content of our pages on your Instagram account and possibly show it to your friends there. We have no knowledge about the exact content of the transmitted data, their use and storage period by Instagram.
  3. If you log out of Instagram before visiting our website and delete your cookies, no data about your visit to our website will be assigned to your profile on Instagram when the plug-in is activated.
  4. You can get more information in Instagram’s privacy policy at https://help.instagram.com/519522125107875 and on privacy settings here: https://help.instagram.com/196883487377501.

Rights of the person concerned

  1. Objection or revocation against the processing of your data
    Insofar as the processing is based on your consent pursuant to Art. 6 (1) p. 1 lit. a), Art. 7 DSGVO, you have the right to revoke your consent at any time. This does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) S. 1 lit. f) DSGVO, you may object to the processing. This is the case if the processing is not necessary, in particular, for the performance of a contract with you, which is presented by us in each case in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will review the situation and either discontinue or adjust the data processing or show you our compelling reasons worthy of protection on the basis of which we continue the processing.You can object to the processing of your personal data for purposes of advertising and data analysis at any time. You can exercise the right to object free of charge. You can inform us of your objection to advertising at the following contact details:
    JMD Jens Munser Designs
    Karl-Scharfenberg-Str.
    38229 Salzgitter, Germany
    E-mail address: info@jmd.de
  2. Right of information
    You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have a right to information about your personal data stored by us in accordance with Art. 15 DSGVO. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data if it has not been collected directly from you.
  3. Right to rectification
    You have a right to correct inaccurate data or to complete correct data according to Art. 16 DSGVO.
  4. Right of deletion
    You have a right to have your data stored by us deleted in accordance with Art. 17 DSGVO, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
  5. Right of restriction
    You have the right to request a restriction in the processing of your personal data if one of the conditions in Art. 18 (1) a) to d) DSGVO is met:
    – if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;- the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;- the controller no longer needs the personal data for the purposes of the processing, but you need them for the establishment, exercise or defense of legal claims, or- if you object to the processing pursuant to Art. 21 (1) DSGVO and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons.
  6. Right of data portability
    You have a right to data portability according to Art. 20 DSGVO, which means that you can receive the personal data we have stored about you in a structured, common and machine-readable format or request that it be transferred to another controller.
  7. Right of complaint
    You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority for this purpose, in particular in the member state of your residence, workplace or the location of the alleged violation.

Data security

In order to protect all personal data transmitted to us and to ensure that the data protection regulations are complied with by us, but also by our external service providers, we have taken appropriate technical and organizational security measures. Therefore, among other things, all data between your browser and our server is transmitted encrypted via a secure SSL connection.

Status: 10/29/2018

Source: Sample privacy policy from JuraForum.de