Imprint & Privacy Policy

Liability for content

As a service provider, we are responsible for our own content on these pages in accordance with general law pursuant to § 7(1) DDG. Pursuant to §§ 8 to 10 DDG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate unlawful activity. Obligations to remove or block the use of information under general law remain unaffected by this. However, liability in this respect is only possible from the point in time at which we become aware of a specific infringement. Upon becoming aware of such infringements, we will remove this content immediately.

Liability for links

Our website contains links to external third-party websites over whose content we have no influence. We therefore cannot accept any liability for this third-party content. The respective provider or operator of the linked pages is always responsible for their content. The linked pages were checked for possible legal infringements at the time of linking. Unlawful content was not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of an infringement. Upon becoming aware of infringements, we will remove such links immediately.

The content and works created by the site operators on these pages are subject to German copyright law. Reproduction, editing, distribution and any kind of exploitation beyond the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are permitted only for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please notify us accordingly. Upon becoming aware of infringements, we will remove such content immediately.

Data protection
The operator of these pages takes the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
As a rule, this website can be used without providing personal data. Insofar as personal data (for example name, address or email addresses, as well as other contact details such as a telephone number) are collected on this site or after contacting the service provider, this is always done on a voluntary basis, as far as possible. If you contact the site operator and request a quote, you consent to the use of all data that are legally relevant and necessary for the quotation process, and to any storage this may require.

These data will not be passed on to external third parties without your express consent.
We would point out that data transmission over the internet (e.g. when communicating by email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.
Name and address of the controller
The controller within the meaning of the General Data Protection Regulation (GDPR; German: DSGVO) and other national data protection laws of the Member States, as well as other data protection provisions, is:

identical to the address given in the imprint = website operator
Name and address of the data protection officer

The data protection officer and controller is:
Andre Desery
Hardefuststr. 14
50677 Köln
Tel: 0221-49 21 305

General information on data processing
Scope of the processing of personal data
As a matter of principle, we process personal data of our users only insofar as this is necessary to provide a functional website and our content and services. The processing of our users’ personal data regularly takes place only with the user’s consent. An exception applies in cases where obtaining prior consent is not possible for factual reasons and the processing of the data is permitted by statutory provisions.

Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Art. 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis. For the processing of personal data that is necessary for the performance of a contract to which the data subject is party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations that are necessary for carrying out pre-contractual measures.
Insofar as the processing of personal data is necessary for compliance with a legal obligation to which our business is subject, Art. 6(1)(c) GDPR serves as the legal basis. In the event that vital interests of the data subject or of another natural person make the processing of personal data necessary, Art. 6(1)(d) GDPR serves as the legal basis.
If the processing is necessary to safeguard a legitimate interest of our business or of a third party, and the interests, fundamental rights and fundamental freedoms of the data subject do not override the first-mentioned interest, Art. 6(1)(f) GDPR serves as the legal basis for the processing.

Erasure of data and storage period
The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Storage may also take place beyond this if provided for by the European or national legislator in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or erased when a storage period prescribed by the aforementioned provisions expires, unless further storage of the data is necessary for the conclusion or performance of a contract.

Provision of the website and creation of log files
Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer. The following data are collected in this process:
(1) Information about the browser type and the version used
(2) The user’s operating system
(3) The user’s internet service provider
(4) The user’s IP address
(5) Date and time of access
(6) Websites from which the user’s system reaches our website
(7) Websites accessed by the user’s system via our website
The data are also stored in our system’s log files. These data are not stored together with other personal data of the user.

Legal basis for data processing
The legal basis for the temporary storage of the data and the log files is Art. 6(1)(f) GDPR.

Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. For this purpose, the user’s IP address must remain stored for the duration of the session.
Storage in log files takes place in order to ensure the functionality of the website. In addition, the data help us to optimise the website and to ensure the security of our information technology systems. The data are not evaluated for marketing purposes in this context.
These purposes also constitute our legitimate interest in data processing pursuant to Art. 6(1)(f) GDPR.

Duration of storage
The data are erased as soon as they are no longer necessary for achieving the purpose for which they were collected. Where data are collected for the provision of the website, this is the case when the respective session has ended. Where data are stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the users’ IP addresses are erased or anonymised so that it is no longer possible to identify the accessing client.

Possibility of objection and removal
The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, the user has no possibility of objection.

Hosting
This website is hosted by ALL-INKL.COM – Neue Medien Münnich, owner René Münnich, Hauptstraße 68, 02742 Friedersdorf, Germany. When the website is accessed, the host processes on our behalf the data listed above under “Provision of the website and creation of log files”. A data processing agreement (Art. 28 GDPR) is in place with the host.

Cookies and local storage
This website does not set any cookies for analytics, tracking or advertising purposes. We merely store your choice in the privacy notice (whether external videos may be loaded) in your browser’s local storage (“localStorage”, entry “za-consent”). This storage is technically necessary for the consent function (§ 25(2) no. 2 TDDDG (German Telecommunications Digital Services Data Protection Act)); no personal data are transmitted to us in the process. You can change your choice at any time via the “Cookie settings” link in the footer of every page, or delete the entry in your browser settings.

Embedded videos (YouTube and Vimeo)
On our website you can watch videos that are stored on YouTube or Vimeo. The videos are only loaded once you select “Allow videos” in the privacy notice. Before that, no data are transmitted to these providers.
YouTube: The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. We use the enhanced privacy mode (youtube-nocookie.com). When a video is played, your IP address as well as device and usage data, among other things, are transmitted to Google; this may also involve a transfer to the USA. Google is certified under the EU-US Data Privacy Framework. If you are logged in to YouTube or Google, YouTube may associate your usage behaviour with your account. Privacy policy: https://policies.google.com/privacy
Vimeo: The provider is Vimeo.com, Inc., 330 West 34th Street, 5th Floor, New York, NY 10001, USA. We embed Vimeo with the “Do Not Track” setting. When a video is played, your IP address as well as device and usage data, among other things, are transmitted to Vimeo. Vimeo is certified under the EU-US Data Privacy Framework. Privacy policy: https://vimeo.com/privacy
The legal basis is your consent (Art. 6(1)(a) GDPR, § 25(1) TDDDG). You can withdraw your consent at any time with effect for the future via “Cookie settings”.

Information, erasure, blocking
You have the right at any time to obtain, free of charge, information about your stored personal data, their origin and recipients and the purpose of the data processing, as well as a right to rectification, blocking or erasure of these data. For this purpose, and for any further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.

Objection to advertising emails
We hereby object to the use of contact data published under the imprint obligation for the purpose of sending unsolicited advertising and information material. The operators of these pages expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, for example by spam emails.

Newsletter
There is no newsletter sign-up on this website itself. The “Subscribe to newsletter” link leads to the website of the magic theatre »Der Magische Hut« (dermagischehut.de); the privacy policy published there applies to sign-up and dispatch.

Registration
It is not possible to register on this website.

Contact form and email contact
There is no contact form. You can contact us via the email address provided. In this case, the user’s personal data transmitted with the email will be stored.
In this context, the data are not passed on to third parties. The data are used exclusively for processing the conversation.

Legal basis for data processing
Where the user has given consent, the legal basis for the processing of the data is Art. 6(1)(a) GDPR.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6(1)(f) GDPR. If the email contact is aimed at the conclusion of a contract, the additional legal basis for the processing is Art. 6(1)(b) GDPR.

Purpose of data processing
In the case of contact by email, this also constitutes the necessary legitimate interest in processing the data. The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

Duration of storage
The data are erased as soon as they are no longer necessary for achieving the purpose for which they were collected. For the personal data from the input screen of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation has ended when it can be inferred from the circumstances that the matter in question has been conclusively resolved.
The additional personal data collected during the sending process are erased after a period of seven days at the latest.

Possibility of objection and removal
The user has the possibility at any time to withdraw their consent to the processing of personal data. If the user contacts us by email, they may object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
To object, send an email to andre@desery.de. We will confirm the objection and will thereafter no longer process the data. The communication will be discontinued. In this case, all personal data stored in the course of establishing contact will be erased.

Tracking tools such as Google Analytics
This website does not use any tracking tools.

Rights of the data subject
If your personal data are processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller. If you wish to exercise any of these rights, please contact andre@desery.de with the subject line: Datenschutz (data protection).

Right of access
You may request confirmation from the controller as to whether personal data concerning you are being processed by us. Where such processing takes place, you may request information from the controller about the following:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, the criteria for determining the storage period;
(5) the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information about the source of the data, where the personal data are not collected from the data subject;

You have the right to request information as to whether the personal data concerning you are transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

Right to rectification
You have a right to rectification and/or completion vis-à-vis the controller if the processed personal data concerning you are inaccurate or incomplete. The controller must carry out the rectification without undue delay.

Right to restriction of processing
You may request the restriction of the processing of the personal data concerning you under the following conditions:
(1) 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;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) the controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or
(4) if you have objected to the processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override your grounds.

Where processing has been restricted under the above conditions, you will be informed by the controller before the restriction is lifted.

Right to erasure
Obligation to erase
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase these data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.
(3) You object to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21(2) GDPR.
(4) The personal data concerning you have been unlawfully processed.

(6) The personal data concerning you have been collected in relation to the offer of information society services pursuant to Art. 8(1) GDPR.

Notification of third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art. 17(1) GDPR to erase them, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you, as the data subject, have requested the erasure by them of any links to, or copies or replications of, those personal data.

Exceptions
The right to erasure does not exist to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health in accordance with Art. 9(2)(h) and (i) and Art. 9(3) GDPR;

(5) for the establishment, exercise or defence of legal claims.

Right to be informed
If you have asserted the right to rectification, erasure or restriction of processing against the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort. You have the right vis-à-vis the controller to be informed about these recipients.

Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit these data to another controller without hindrance from the controller to which the personal data have been provided, where
(1) the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR, and
(2) the processing is carried out by automated means.

The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

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 Art. 6(1)(e) or (f) GDPR; this also applies to profiling based on those provisions. The controller will no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims. Where the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing; this also applies to profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such 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.

Right to withdraw the declaration of consent under data protection law
You have the right to withdraw your declaration of consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

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
(1) is necessary for entering into, or the performance of, a contract between you and the controller,
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and your legitimate interests, or
(3) is based on your explicit consent.

In the cases referred to in (1) and (3), the controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

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 concerning you infringes the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant of the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.

Imprint

Liability for content

Three formats. One signature.