PRIVACY POLICY AND CONSENT


Introduction

With the following data protection declaration, we would like to inform you about the types of your personal data (hereinafter also referred to as "data") for which purposes and to what extent. The data protection declaration applies to all processing of personal data that we carry out, both as part of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offer").

The terms used are not gender-specific.

April 6, 2020

 

Summary of contents

  • Introduction
  • Person responsible
  • Overview of processing
  • Relevant legal bases
  • Security measures
  • Transmission and disclosure of personal data </ ​​a >
  • Data processing in third countries
  • Use of Cookies
  • Contacting
  • Provision of the online offer and web hosting
  • Plugins and embedded functions and content
  • Deletion of data
  • Change and update the privacy policy
  • Rights of the data subjects
  • Definitions

 

Responsible person

Interartists Amsterdam
Piet Heinkade 5
1019 BR Amsterdam
The Netherlands

Authorized representatives: Leontien van der Vliet
Tel.: +31 6 5246 8707
E-Mail: leontien.vandervliet@interartists.nl

VAT No.: NL864116895B01
Chamber of Commerce Amsterdam: 86855158

Imprint: https://www.nicoloforon.com/imprint

 

Overview of processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of processing Data

  • Inventory data (e.g. names, addresses).
  • Content data (e.g. text input, photographs, videos).
  • Contact details (e.g. email, telephone numbers). </ li>
  • Meta / communication data (e.g. device information, IP addresses).
  • Usage data (e.g. visited websites, interest in content, access times).

Categories of data subjects

  • Communication partners.
  • Users (e.g. website visitors, users of online services).

Purposes of processing

  • Provision of our online offer and user-friendliness.
  • Contact inquiries and communication.
  • Security measures.
  • Contractual services.
  • Management and answering of inquiries.

Relevant legal bases

In the following we share the legal bases of the General Data Protection Regulation (GDPR), on the basis of which we are the process personal data with. Please note that in addition to the provisions of the GDPR, the national data protection regulations in your or our country of residence and domicile may apply. Should more specific legal bases also apply in individual cases, we will inform you of this in the data protection declaration.

  • Consent (Art. 6 Para. 1 S. 1 lit. a GDPR) - The data subject has their consent to the processing of their personal data for a specific purpose or more given purposes.
  • Contract fulfillment and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b GDPR) - The processing is for the fulfillment of a contract, the contracting party the data subject is, or necessary to carry out pre-contractual measures that are carried out at the request of the data subject.
  • Legitimate interests (Art. 6 para. 1 sentence 1 lit. GDPR) </ strong> - Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject that require the protection of personal data prevail.

National data protection regulations in Germany : In addition to the data protection regulations of the General Data Protection Regulation, national regulations on data protection in Germany apply. This includes in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). The BDSG contains in particular special regulations on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, the processing for other purposes and the transmission as well as automated decision-making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. State data protection laws of the individual federal states can also be applied.

 

Security measures

We take measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing, as well as the different probability of occurrence and the extent of the threat to the rights and freedoms of natural persons, appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling the physical and electronic access to the data as well as access, input, transfer, securing availability and their separation. Furthermore, we have set up procedures that guarantee the exercise of data subject rights, the deletion of data and reactions to the risk to the data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

SSL encryption (https) : In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https: // in the address line of your browser.

 

Transmission and disclosure of personal data

As part of our processing of personal data, it may happen that the data is transmitted to other entities, companies, legally independent organizational units or people or to them be disclosed to. The recipients of this data can e.g. Payment institutions in the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such a case, we observe the legal requirements and in particular conclude corresponding contracts or agreements that serve to protect your data with the recipients of your data.

 

Data processing in third countries

If we process data in a third country (ie outside the European Union (EU), the European Economic Area (EEA)) or the processing as part of the use from third-party services or the disclosure or transmission of data to other people, bodies or companies, this only takes place in accordance with the legal requirements.

Subject to express consent or contractually or legally required transmission, we process or leave the data only in third countries with a recognized data protection level, to which the US processors certified under the "Privacy Shield" belong, or on the basis of special guarantees, e.g. process contractual obligations through so-called standard protection clauses of the EU Commission, the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension -data-protection_de ).

 

Use of cookies

Cookies are text files that contain data from visited websites or domains and are saved by a browser on the user's computer. The primary purpose of a cookie is to save information about a user during or after their visit within an online offer. For the stored information, e.g. the language settings on a website, the login status, a shopping cart or the place where a video was watched. The term cookies also includes other technologies that perform the same functions as cookies (e.g. if user information is stored using pseudonymous online identifiers, also referred to as "user IDs")

A distinction is made between the following types of cookies and functions:

  • Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed their browser.
  • Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users who are used for range measurement or for marketing purposes can be stored in such a cookie.
  • First-party cookies: First-party cookies are used by set ourselves.
  • Third-party cookies (also: third-party cookies) : Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
  • Necessary (also: essential or absolutely necessary) cookies: Cookies may be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for reasons of Security).
  • Statistics, marketing and personalization cookies : Furthermore, cookies are generally also used in the range measurement and when the interests of a user or his behavior ( eg viewing certain content, nu functions etc.) can be saved on individual websites in a user profile. Such profiles are used to give users e.g. Display content that corresponds to your potential interests. This process is also referred to as "tracking", i.e. tracking the potential interests of the users. . If we use cookies or "tracking" technologies, we will inform you separately in our data protection declaration or in the context of obtaining consent.

Notes on legal bases: On which The legal basis for processing your personal data with the help of cookies depends on whether we ask you for your consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed using cookies will be processed based on our legitimate interests (e.g. in a business operation of our online offer and its improvement) or, if the use of cookies is necessary, to fulfill our contractual obligations.

General information on revocation and objection (opt-out): Depending on whether the processing is based on consent or legal permission, you have the option at any time to revoke your consent or the To object to the processing of your data by cookie technologies (collectively referred to as "opt-out"). You can first declare your objection using the settings in your browser, e.g. by deactivating the use of cookies (which may also limit the functionality of our online offering). You can also object to the use of cookies for online marketing purposes using a variety of services, especially in the case of tracking, via the website https://optout.aboutads.info and https://www.youronlinechoices.com/ be explained. In addition, you can receive further contradiction notices in the context of the information on the service providers and cookies used.

Processing of cookie data based on consent : Before we process or have data processed within the scope of the use of cookies, we ask users for consent that can be revoked at any time. Before consent has not been given, cookies are used that are necessary for the operation of our online offer. Their use is based on our interest and the interest of the users in the expected functionality of our online offer.

  • Processed data types: usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. device information, IP addresses) .
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Legal basis: Consent (Art. 6 para 1 p. 1 lit. a GDPR), legitimate interests (Art. 6 para. 1 p. 1 lit. f GDPR).

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Establishing contact

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the details of the inquiring persons are processed, insofar as this is necessary to answer the contact inquiries and any measures requested.

The answering of contact inquiries within the framework of contractual or pre-contractual relationships takes place in order to fulfill our contractual obligations or to answer (pre) contractual inquiries and, moreover, on the basis of the legitimate interests in answering the inquiries.

  • Processed data types: inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos) .
  • Data subjects: Communication partners.
  • Purposes of processing: Contact requests and communication.
  • < strong> Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. GDPR). </ li>

 

Provision of the online offer and web hosting

In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers, the online offer can be called up from their servers (or from the servers they manage). For these purposes, we can use infrastructure and platform services, computing capacity, storage space and database services as well as security and technical maintenance services.

The data processed in the context of the provision of the hosting offer can include all information relating to the users of our online offer that are incurred in the context of use and communication. This regularly includes the IP address that is necessary in order to be able to deliver the content of online offers to browsers and all entries made within our online offer or on websites.

Email sending and hosting : The web hosting services we use also include the sending, receiving and storage of emails. For these purposes, the addresses of the recipients and senders as well as further information regarding the sending of e-mails (e.g. the providers involved) and the content of the respective e-mails are processed. The aforementioned data can also be processed for the purpose of detecting SPAM. We ask you to note that e-mails are generally not sent encrypted on the Internet. As a rule, e-mails are encrypted during transport, but (unless an end-to-end encryption process is used) not on the servers from which they are sent and received. We can therefore assume no responsibility for the transmission route of the emails between the sender and the receipt on our server.

Collection of access data and log files : We ourselves (or our web hosting provider) collect data on every access to the server (so-called server log files). The server log files can include the address and name of the websites and files accessed, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP Addresses and the requesting provider belong.

The server log files can be used on the one hand for security purposes, e.g. to avoid overloading the server (especially in the case of abusive attacks, so-called DDoS attacks) and, on the other hand, to ensure the utilization of the servers and their stability .

  • Processed data types: 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).
  • Data subjects: users (e.g. website visitors, online service users).
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. GDPR).

 

Plugins and embedded functions and content

We integrate functional and content elements into our online offer, which are obtained from the servers of their respective providers (hereinafter referred to as "third-party providers"). These can be, for example, graphics, videos or social media buttons and contributions (hereinafter referred to as "content").

The integration always presupposes that the third-party providers of this content process the IP address of the users, because without the IP address they could not send the content to their browser. The IP address is therefore required to display this content or functions. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known 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 can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and the operating system, referring websites, the time of visit and other information on the use of our online offer, as well as being linked to such information from other sources.

Notes on the legal basis: If we ask the users for their consent to the use of third-party providers, the legal basis for the processing of data is the consent. Otherwise, the data of the users are processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Processed data types: usage data (e.g. visited websites, interest in content, access times), meta / communication data (e.g. device information, IP addresses) , Inventory data (e.g. names, addresses), contact details (e.g. email, telephone numbers), content data (e.g. text input, photographs, videos).
  • Affected persons: users (e.g. website visitors , Users of online services).
  • Purposes of processing: Provision of our online offer and user-friendliness, contractual services, security measures, administration and answering inquiries.
  • undefined: consent (Art. 6 para. 1 sentence 1 lit. a GDPR), contract fulfillment and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b GDPR), legitimate interests ( Art. 6 Para. 1 S. 1 lit. GDPR).

Services and service providers used:

 

Deletion of data

The data processed by us will be deleted as soon as whose consent to the processing is revoked or other permits no longer apply (e.g. if the purpose of processing this data has ceased to apply or if it is not necessary for the purpose).

If the data is not deleted because it is required for other and legally permissible purposes, its processing is restricted to these purposes. This means that the data is blocked and not processed for other purposes. This applies e.g. for data that must be kept for commercial or tax reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data can also be provided in the context of the individual data protection notices in this data protection declaration.

 

Change and update of the data protection declaration

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary to act on your part (e.g. consent) or other individual notification.

If we provide addresses and contact information of companies and organizations in this data protection declaration, please note that the addresses can change over time and ask you to check the information before contacting us.

 

Rights of data subjects

As data subjects, you have various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 GDPR:

  • Right of objection: You have the right, for reasons that arise from your particular situation, at any time against the processing of your personal data, which is based on Art. 6 Para. 1 lit. e or f DSGVO takes place to object; this also applies to profiling based on these provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is connected to such direct advertising.
  • Right of withdrawal for consent: You have the right to withdraw your consent at any time. < / li>
  • Right to information: You have the right to request confirmation as to whether the data in question are being processed and for information about this data and for further information and a copy of the data in accordance with the legal requirements.
  • Right to correction: In accordance with the legal requirements, you have the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
  • Right to deletion and restriction of processing: In accordance with the legal requirements, you have the right to request that the data in question be deleted immediately, or alternatively in accordance with the statutory provisions We asked for a restriction of the processing of the data.
  • Right to data portability: You have the right to have data concerning you, which you have provided to us, in one in accordance with the legal requirements to receive a structured, common and machine-readable format or to request its transmission to another responsible person.
  • Complaint to the supervisory authority: You also have the right to a supervisory authority in accordance with the legal requirements , in particular in the Member State of your habitual residence, your place of work or the place of the alleged violation, if you believe that the processing of your personal data violates the GDPR.

 

Definition of terms

This section gives you an overview of the terms used in this data protection declaration. Many of the terms are taken from the law and mainly defined in Art. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are intended primarily for understanding. The terms are sorted alphabetically.

  • Personal data: "Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); A natural person is considered to be identifiable, if he or she can be identified directly or indirectly, in particular by assigning an identifier such as a name, an identification number, location data, an online identifier (eg cookie) or one or more special features, expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
  • Responsible: The "responsible" is the natural or legal person, public authority, agency or other body, alone or together with others, about the purposes and means of processing personal data decides, designates.
  • Processing: "Processing" is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term goes far and includes practical every handling of data, be it collecting, evaluating, storing, transmitting or deleting.
  • Terms: </ strong> Personal data, responsible, processing.

 

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