Privacy Policy
Security and Protection of Your Personal Data
We consider it our primary responsibility to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. Therefore, we apply the utmost care and the latest security standards to ensure maximum protection of your personal data.
As a private-law company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (BDSG). We have implemented technical and organizational measures to ensure that data protection regulations are observed both by us and by our external service providers.
Definitions
The legislator requires that personal data be processed lawfully, in good faith, and in a manner that is transparent to the data subject (“lawfulness, fairness, transparency”). To ensure this, we inform you of the individual legal definitions that are also used in this privacy policy:
1. Personal Data
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “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 specific characteristics that express the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
2. Processing
“Processing” means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
3. Restriction of Processing
“Restriction of processing” means the marking of stored personal data with the aim of limiting their future processing.
4. Profiling
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.
5. Pseudonymization
“Pseudonymization” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
6. Filing System
“Filing system” means any structured set of personal data that is accessible according to specific criteria, whether centralized, decentralized, or organized according to functional or geographical criteria.
7. Controller
“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; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law.
8. Processor
“Processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
9. Recipient
“Recipient” means a natural or legal person, public authority, agency, or another body to which personal data are disclosed, whether a third party or not. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by such public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10. Third Party
“Third party” means a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
11. Consent
“Consent” of the data subject means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
Lawfulness of Processing
The processing of personal data is lawful only if there is a legal basis for the processing. Legal bases for processing may, in particular, be pursuant to Article 6(1)(a)–(f) GDPR:
- The data subject has given consent to the processing of their personal data for one or more specific purposes;
- The processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
- The processing is necessary for compliance with a legal obligation to which the controller is subject;
- The processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
The processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject,
which require protection of personal data, in particular where the data subject is a child.
Information on the Collection of Personal Data
In the following, we provide information about the collection of personal data when using our website. Personal data includes, for example, name, address, email addresses, and user behavior.
When you contact us by email or via a web form, the data you provide (your email address, and if applicable your name, your telephone number, and the services you are interested in) will be stored by us in order to answer your questions or to forward your request to one of our partners for the services you requested. We delete the data arising in this context once storage is no longer necessary, or processing is restricted if statutory retention obligations exist.
Collection of Personal Data When Visiting Our Website
When you use the website for informational purposes only, i.e., if you do not register or otherwise provide us with 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, which is technically necessary for us to display our website to you and to ensure stability and security (legal basis is Art. 6(1) sentence 1 lit. f GDPR):
- Date and time of the request
- Time zone difference from Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access status / HTTP status code
- Amount of data transferred in each case
- Website from which the request originates
- Browser
- Operating system and its interface
- Language and version of the browser software
Use of Cookies
In addition to the data mentioned above, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you are using, and through which certain information is transmitted to the entity that sets the cookie. Cookies cannot execute programs or transmit viruses to your computer. They serve to make the overall internet offering more user-friendly and effective.
This website uses the following types of cookies, the scope and functionality of which are explained below:
- Transient cookies (see a.)
- Persistent cookies (see b.)
a. Transient cookies are automatically deleted when you close your browser. These include, in particular, session cookies. They store a so-called session ID, which allows various requests from your browser to be assigned to the same session. This enables your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.
b. Persistent cookies are automatically deleted after a predefined period, which may vary depending on the cookie. You can delete cookies at any time in your browser’s security settings.
c. You can configure your browser settings according to your preferences and, for example, refuse the acceptance of third-party cookies or all cookies. So-called “third-party cookies” are cookies that are set by a third party, and therefore not by the actual website you are currently visiting. Please note that if you disable cookies, you may not be able to use all the features of this website.
Additional Functions and Services of Our Website
- In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do so, you will generally need to provide additional personal data, which we use to provide the respective service and for which the aforementioned principles of data processing apply.
- In some cases, we use external service providers to process your data. These providers have been carefully selected and commissioned by us, are bound by our instructions, and are regularly monitored.
- Furthermore, we may share your personal data with third parties if participation in promotions, competitions, contract conclusions, or similar services are offered jointly with partners. You will receive more detailed information about this when providing your personal data or in the description of the respective offer below.
- Where our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you about the consequences of this circumstance in the description of the respective offer.
Processing of Applicant Data
When you contact us via the application form, we process the personal data you provide (e.g., name, contact details, qualifications, and any additional voluntary information) for the purpose of handling your application and potential inclusion in our partner network.
The processing is based on Art. 6(1)(b) GDPR (pre-contractual measures) and Art. 6(1)(a) GDPR (consent).
Your data will only be used for the stated purpose and will not be shared with unauthorized third parties without your explicit consent.
Your data will be deleted as soon as it is no longer required for the processing purpose, but no later than 6 months, unless legal retention obligations apply or you have consented to longer storage.
You have the right to access, rectify, delete, or restrict the processing of your data, as well as the right to data portability. You may also withdraw your consent at any time with future effect.
Children
Our services are generally intended for adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
Rights of the Data Subject
Withdrawal of Consent
If the processing of personal data is based on consent, you have the right to withdraw your consent at any time. The withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
To exercise your right of withdrawal, you may contact us at any time.
Right to Confirmation
You have the right to request confirmation from the controller as to whether personal data concerning you is being processed. You may request confirmation at any time using the contact details provided above.
Right of Access
If personal data is being processed, you have the right to obtain information about this personal data and the following details at any time:
- the purposes of processing;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
- where possible, the planned duration for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request rectification or erasure of personal data concerning you, or restriction of processing by the controller, or to object to such processing;
- the existence of a right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer. We provide a copy of the personal data undergoing processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. If you submit the request electronically, the information shall be provided in a commonly used electronic format, unless otherwise specified. The right to obtain a copy must not adversely affect the rights and freedoms of others.
Right to Rectification
You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to Erasure (“Right to be Forgotten”)
You have the right to request that the controller erase personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal ground for the processing;
- the data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects pursuant to Article 21(2) GDPR;
- the personal data have been unlawfully processed;
- the personal data must be erased for compliance with a legal obligation under Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
Where the controller has made the personal data public and is obliged to erase it, the controller shall take reasonable steps, including technical measures, taking into account available technology and the cost of implementation, to inform other controllers processing the personal data that the data subject has requested the erasure of any links to, or copies or replications of, those personal data.
The right to erasure does not apply where processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation requiring processing under Union or Member State law, or for the performance of a task carried out in the public interest or in the exercise of official authority;
- for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Article 89(1) GDPR, insofar as the right is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
- for the establishment, exercise, or defense of legal claims.
Right to Restriction of Processing
You have the right to request the restriction of processing of your personal data where one of the following applies:
- the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims; or
- the data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise, or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
To exercise the right to restriction of processing, you may contact us at any time using the contact details provided above.
Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format, and you have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
- the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR; and
- the processing is carried out by automated means.
In exercising your right to data portability, you also have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of this right shall not adversely affect the right to erasure (“right to be forgotten”). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
Right to Object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. The controller shall no longer process the personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.
Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; this also applies to profiling insofar as it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
You also have the right to object, on grounds relating to your particular situation, to processing of personal data concerning you for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
You may exercise your right to object at any time by contacting the respective controller.
Automated Individual Decision-Making, Including Profiling
You have the right not to be subject to a decision based solely on automated processing—including profiling—which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
- is necessary for entering into, or performance of, a contract between the data subject and the controller;
- is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
- is based on the data subject’s explicit consent.
In such cases, the controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention, to express their point of view, and to contest the decision.
You may exercise this right at any time by contacting the controller.
Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes the GDPR.
Right to an Effective Judicial Remedy
Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you consider that your rights under this Regulation have been infringed as a result of processing of your personal data in non-compliance with this Regulation.
Integration of OpenStreetMap
Integration of OpenStreetMap
On our website, we use map material from the service OpenStreetMap (OSM), provided by the OpenStreetMap Foundation, St John’s Innovation Centre, Cowley Road, Cambridge, CB4 0WS, United Kingdom. The maps are displayed via the JavaScript library Leaflet. This is an open-source library integrated locally on our server, so no data is transmitted to Leaflet itself.
Data Processing
The map is only loaded after you have given your explicit consent. Only then is a connection established to OpenStreetMap servers. In this context, the following data in particular may be processed:
- Your IP address
- Information about your browser and device
- Date and time of access
- Accessed page (referrer URL)
This data is technically necessary to provide the map.
Legal Basis
The use is based on your consent pursuant to Art. 6(1)(a) GDPR.
Data Transfer to Third Countries
The OpenStreetMap Foundation is based in the United Kingdom. An adequacy decision by the European Commission exists for the United Kingdom, ensuring an adequate level of data protection.
Further information on data processing by OpenStreetMap can be found at:
https://wiki.osmfoundation.org/wiki/Privacy_Policy
Storage of Consent
Your consent to display the map is stored in your browser using “localStorage.”
This prevents the consent request from being displayed again each time you visit the page.
The storage takes place exclusively locally on your device and is not transmitted to us or to third parties.
Withdrawal of Consent
You may withdraw your consent at any time by using the following link.
Name and Contact Details of the Controller in accordance with the GDPR
creative mediadesign
Markus Pasaric
Kirchplatz 6
86554 Pöttmes
Telefon: 08253 9971500
E-Mail: welcome@creative-mediadesign.de
