This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and contents connected to it, as well as external online presences, e.g. our social media profile (hereinafter collectively referred to as the “online offer”). With regard to the terminology used, e.g. “Processing” or “responsible person”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
1. RESPONSIBLE PERSON
MIDICRAFT – Alexander Michel
CEO: Alexander Michel
2. TYPES OF PROCESSED DATA
– Customer data (e.g., names, addresses).
– Contact details (e.g., email, telephone numbers).
– Content data (e.g. text entries, photographs, videos).
Usage data (e.g. websites visited, interest in content, access times).
– Meta / communication data (e.g., device information, IP addresses).
3. CATERGORY OF AFFECTED PERSONS
Visitors and users of the online offer (in the following we refer to the data subjects collectively as “users”).
4. PURPOSE OF PROCESSING
– Providing the online offer, its functions and content.
– Answering contact requests and communicating with users.
– Safety measures.
– Range measurement / marketing
5. DEFINITIONS USED
“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.
“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 covers practically every handling of data.
“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be assigned 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 organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.
“Profiling” means any kind of automated processing of personal data, which consists in the fact that this personal data is used to evaluate certain personal aspects related to a natural person, in particular aspects related to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or relocation of this natural person.
The “person responsible” is the natural or legal person, public authority, agency 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, public authority, agency or other body that processes personal data on behalf of the person responsible.
6. SIGNIFICANT LEGAL BASIS
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. For users from the scope of the General Data Protection Regulation (GDPR), i.e. The EU and the EEC, unless the legal basis is mentioned in the data protection declaration, the following applies:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR;
The legal basis for processing for the performance of our services and implementation of contractual measures as well as answering inquiries is Art. 6 para 1 lit. b DSGVO;
The legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c DSGVO;
In the event that 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 perform a task that is in the public interest or in the exercise of official authority that has been transferred 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 it was collected is determined in accordance with the requirements of Art 6 para. 4 GDPR.
The processing of special categories of data (according to Art. 9 Para. 1 GDPR) is determined according to the stipulations of Art. 9 Para. 2 GDPR.
7. SAFETY MEASURES
In accordance with Art. 32 GDPR, we take appropriate technical considerations, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the different probability and severity of the risk to the rights and freedoms of natural persons 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 access to the data, as well as the access, input, transfer, securing of availability and their separation. Furthermore, we have set up procedures that guarantee the exercise of data subject rights, deletion of data and reaction to data threats. We also 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 data protection-friendly default settings (Art. 25 GDPR).
8. COOPERATION WITH DATA PROCESSORS, RESPONSIBLES AND THIRD PARTIES
If we disclose data to other people and companies (processors, jointly responsible persons or third parties) as part of our processing, transmit them to them or otherwise give them access to the data, this will only be done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as payment service providers, is required to fulfill the contract), users have given their consent, a legal obligation provides for this or based on our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose, transmit or otherwise grant data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and also on a basis that complies with the legal requirements.
9. TRANSMISSIONS IN THIRD COUNTRIES
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, based on 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 if the special requirements of Art. 44 ff. GDPR are met. That the processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Englisch 10. RIGHTS OF THE AFFECTED PERSONS
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 Art. 15 GDPR.
You have accordingly Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately, or alternatively, in accordance with Art. 18 GDPR, to request that the processing of the data be restricted.
You have the right to request that the data concerning you, which you have provided to us, be received in accordance with Art. 20 GDPR and to be transmitted to other responsible persons.
You also have the right to file a complaint with the competent supervisory authority in accordance with the legal requirements (in accordance with Art. 77 GDPR).
11. RIGHT OF WITHDRAWAL
You have the right to withdraw your consent according to Art. 7 para. 3 GDPR with effect for the future. Please contact us: email@example.com
12. RIGHT TO OBJECT
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. In particular, the objection can be made against processing for direct marketing purposes.
13. COOKIES AND RIGHT TO OBJECT DIRECT ADVERTISING
“Cookies” are small files that are stored on the users computer. Different information 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 their visit within 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 his browser. In such a cookie e.g. the content of a shopping cart in an online shop or a login status can be saved. Cookies are referred to as “permanent” or “persistent” and remain saved even after the browser is closed. For example, the login status is saved if the users visit it after several days. Such a cookie can also be used to store the interests of users who are used for range measurement or marketing purposes. A “third-party cookie” refers to cookies that are offered by providers other than the person responsible for the online offering (otherwise, if they are only their cookies, we speak of “first-party cookies”).
We can use temporary and permanent cookies and clarify this in the context 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.
14. DELETION OF DATA
The data processed by us is deleted in accordance with Art. 17 and 18 GDPR or its processing is restricted. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal retention obligations to prevent deletion. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. That the data will be blocked and not processed for other purposes. This applies e.g. for data that must be kept for commercial or tax reasons.
According to legal requirements in Germany, storage is carried out in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 No. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 No. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, storage is carried out especially for 7 years according to § 132 para. 1 BAO (accounting documents, receipts / invoices, accounts, vouchers, business papers, statement of income and expenses, etc.), for 22 years in connection with land and for 10 years in connection with documents provided electronically, telecommunications, broadcasting and television services that are provided to non-entrepreneurs in EU member states and for which the mini one-stop shop (MOSS) is used.
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 in 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.
16. BUSINESS-RELATED PROCESSING
We also process
– Contract data (e.g., subject of contract, 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.
17. ORDER PROCESSING IN THE ONLINE SHOP AND CUSTOMER ACCOUNT
We process our customers’ data as part of the ordering processes in our online shop in order to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
The processed data include inventory data, communication data, contract data, payment data and the people affected by the processing include our customers, interested parties and other business partners. The processing takes place for the purpose of providing contractual services in the context of operating an online shop, billing, delivery and customer services. We use session cookies to store the contents of the shopping cart and permanent cookies to save the login status.
Processing is based on Art. 6 para. 1 lit. b (Execution of order processes) and c (Archiving required by law) GDPR. The information marked as required is required to justify and fulfill the contract. We only disclose the data to third parties within the scope of delivery, payment or within the scope of legal permits and obligations towards legal advisers and authorities. The data will only be processed in third countries if this is necessary to fulfill the contract (e.g. at the customer’s request for delivery or payment).
Users can optionally create a user account, in particular to view their orders. As part of the registration, the required mandatory information is communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their retention for commercial or tax law reasons. Art. 6 para. 1 lit. c GDPR necessary. Information in the customer account remains until it is deleted with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to back up their data before termination of the contract if the contract is terminated.
As part of the registration and renewed registration and use of our online services, we 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. This data is not passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c GDPR.
The deletion takes place after 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, deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention period).
18. AGENCY SERVICES
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 input, photographs, videos), contract data (e.g., subject matter of the contract, term), payment data (e.g., Bank details, payment history), usage and metadata (e.g. as part of the evaluation and success measurement of marketing measures). As a matter of principle, we do not process special categories of personal data, unless these are part of commissioned processing. Those affected include our customers, prospective customers and their customers, users, website visitors or employees as well as third parties. The purpose of 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, optimization, security measures). We process data that are necessary for the establishment and fulfillment of the contractual services and point out the necessity of their specification. Disclosure to external parties only takes place if it is required in the context of an order. When processing the data provided to us in the context of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with. Art. 28 GDPR and do not process the data for any other purpose than the order.
We delete the data after statutory warranty and comparable obligations have expired. the necessity of storing the data is checked every three years; in the case of statutory archiving obligations, deletion takes place after its expiry (6 years, in accordance with section 257 (1) HGB, 10 years, in accordance with section 147 (1) AO). In the case of data that has been disclosed to us by the client as part of an order, we delete the data in accordance with the specifications of the order, generally after the end of the order.
19. CONTRACTUAL SERVICES
We process the data of our contractual partners and interested parties as well as other clients, customers, clients, clients or contractual partners (referred to collectively as “contractual partners”) in accordance with Art. 6 para. 1 lit. b. GDPR, to provide you with our contractual or pre-contractual services. The data processed here, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (e.g., names and addresses), contact details (e.g. email addresses and telephone numbers) as well as contract data (e.g., services used, contract content, contractual communication, names of contact persons) and payment data (e.g., Bank details, payment history).
We generally do not process special categories of personal data, unless they are part of commissioned or contractual processing.
We process data that are necessary for the establishment and fulfillment of the contractual services and point out the necessity of their specification, unless this is evident to the contractual partners. Disclosure to external persons or companies only takes place if it is required under a contract. When processing the data provided to us as part of an order, we act in accordance with the instructions of the client and the legal requirements.
As part of the use of our online services, we can save the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests as well as the interests of the users in the protection against misuse and other unauthorized use. This data is never passed on to third parties, unless it is used to pursue our claims in accordance with. Art. 6 para. 1 lit. f. GDPR required or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c GDPR.
The data will be deleted if the data is no longer required to fulfill contractual or statutory care obligations and to deal with any warranty and comparable obligations, the necessity of storing the data being checked every three years; otherwise, the statutory retention requirements apply.
20. EXTERNAL PAYMENT PROVIDERS
We use external payment service providers, the platforms of which users and we can carry out payment transactions (e.g., each with a link to the data protection declaration, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full).
In the context of fulfilling contracts, we use the payment service providers on the basis of Art. 6 para. 1 lit. b. GDPR. For the rest, we use external payment service providers based on our legitimate interests in accordance with. Art. 6 para. 1 lit. Englisch b. GDPR in order to offer our users effective and secure payment options.
The data processed by the payment service providers include inventory data, such as the name and address, bank details, such as Account numbers or credit card numbers, passwords, TANs and checksums as well as the contract, sums and recipient-related information. The information is required to complete the transactions. However, the data entered will only be processed and saved by the payment service providers. That We do not receive any account or credit card-related information, only information with confirmation or negative information about the payment. Under certain circumstances, the data may be transmitted by the payment service providers to credit reporting agencies. The purpose of this transmission is to verify identity and creditworthiness. For this we refer to the terms and conditions and data protection information of the payment service providers.
The terms and conditions and the data protection notices of the respective payment service providers apply to the payment transactions, which can be called up within the respective websites or transaction applications. We refer to these for the purpose of further information and assertion of rights of withdrawal, information and other data subjects.
21. ADMINISTRATION, FINANCIAL ACCOUNTING, OFFICE ORGANIZATION, CONTACT MANAGEMENT
We process data in the context of administrative tasks as well as the organization of our company, financial accounting and compliance with legal obligations, such as archiving. We process the same data that we process as part of the provision of our contractual services. The processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information mentioned in these processing activities.
We disclose or transmit data to the financial administration, consultants such as tax advisors or auditors as well as other fee agencies and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, organizers and other business partners, e.g. for later contact. We generally store this mostly company-related data permanently.
22. REGISTRATION FUNCTION
Users can create a user account. As part of the registration, the required mandatory information is communicated to the users and based on Art. 6 para. 1 lit. b GDPR processed for the purpose of providing the user account. The processed data include in particular the login information (name, password and an email address). The data entered as part of the registration will be used for the purpose of using the user account and its purpose.
Users can access information that is relevant to their user account, such as technical changes, to be informed by email. If users have terminated their user account, their data will be deleted with regard to the user account, subject to a legal retention requirement. It is the responsibility of the users to back up their data before termination of the contract if the contract is terminated. We are entitled to irretrievably delete all user data stored during the contract period.
As part of the use of our registration and registration functions and the use of the user account, 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. This data is not passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c GDPR. The IP addresses are anonymized or deleted after 7 days at the latest.
23. CONTACTING US
When contacting us (e.g. via contact form, email, telephone or via social media), the information provided by the user for processing the contact request and processing it in accordance with. Art. 6 para. 1 lit. b. GDPR processed. The information provided by the users can be stored in a customer relationship management system (“CRM system”) or a comparable request organization.
We delete the requests if they are no longer necessary. We check the necessity every two years; The statutory archiving obligations also apply.
24. HOSTING AND EMAIL SHIPPING
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services and technical maintenance services that we use for the purpose of operating this online offer.
In doing so, 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 based on our legitimate interests in the efficient and secure provision of this online offer in accordance with. Art. 6 para. 1 lit. f GDPR in conjunction Art. 28 GDPR (conclusion of order processing contract).
25. ONLINE PRESENCE IN SOCIAL MEDIA
We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to be able to inform them about our services. When calling up 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 protection declaration, we process the data of users provided that they communicate with us within social networks and platforms, e.g. Write articles on our online presence or send us messages.
26. INCLUDING THIRD PARTY SERVICES AND CONTENT
We use content or service offers from third-party providers within our online offer based on our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Services such as Include videos or fonts (hereinafter referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is therefore required to display this content. 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 operating system, referring websites, time of visit and other information on the use of our online offer, as well as being linked to such information from other sources.
27. Using the WP Statistics analysis tool
This website uses the analysis tool WP Statistics by the development team Verona Labs for the statistical evaluation of visitor access. The purpose of data collection and evaluation is the continuous improvement of our website and its offers.
With WP Statistics you can create overview-like statistics about the visitors of a website. For example, WP Statistics can measure how many visitors have accessed a particular page and how much of it has been used by a smartphone.
The statistics from WP Statistics are based on the data that is necessarily transmitted to establish a connection between the web browser and web server (see log data). WP Statistics does not require a cookie.
The protection of your privacy and personal data is paramount when using WP Statistics. WP Statistics does not collect any other visitor data itself. Rather, WP Statistics anonymizes visitors’ IP addresses before they are saved. Personal identification of a visitor is therefore not possible, even retrospectively.
30. USE OF FACEBOOK SOCIAL PLUG-INS
On the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our online offer within the meaning of Article 6 (1) (f) GDPR), we use social plugins (“plugins”) from the social network facebook.com, which operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland (“Facebook”). The plugins can represent interaction elements or content (eg videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white “f” on blue tile, the terms “Like”, “Like” or a “thumbs up” sign ) or are marked with the addition “Facebook Social Plugin”. The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook 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=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plug-in is transmitted from Facebook directly to the user’s device, which integrates it into the online offer. User profiles of the users can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore informs the users according to our level of knowledge.
By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged into Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by pressing the Like button or leaving a comment, the corresponding 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 his IP address. According to Facebook, only an anonymized IP address is saved in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the related rights and setting options for protecting the privacy of users can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/.
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 before using our online offer and delete his cookies. Further settings and contradictions 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 United States Page 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.