data protection

In the following, we will inform you about the type, scope and purpose of the processing of personal data by our company in accordance with the legal requirements of data protection law (in particular in accordance with BDSG nF and the European General Data Protection Regulation 'DS-GVO'). This data protection declaration also applies to our websites and social media profiles. With regard to the definition of terms such as "personal data" or "processing", we refer to Art. 4 GDPR.

Name and contact details of the person responsible
Our responsible person (hereinafter “responsible person”) within the meaning of Art. 4 no. 7 GDPR is:

Audiobook software Philipp Henkel
Stadtilmweg 6
Waldbronn
Managing director: Philipp Henkel
Email address:
info@audiobookcutter.de

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

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

1. Types of data we process
Usage data (access times, websites visited, etc.), inventory data (name, address, etc.), contact data (telephone number, email, fax, etc.), contract data (subject of the contract, duration, etc.), communication data (IP address, etc.) ),
 

2. Purposes of processing according to Art. 13 Para. 1 c) GDPR
Execution of contracts, purposes of evidence / preservation of evidence, optimize website technically and economically, enable easy access to the website, fulfillment of contractual obligations, fulfillment of legal storage obligations, optimization and statistical evaluation of our services, support commercial use of the website, improve user experience, make website user-friendly, economic operation the advertising and website, customer service and customer care, handling contact inquiries,
 

3. Categories of data subjects according to Art. 13 Para. 1 e) GDPR
Visitors / users of the website, customers, interested parties,
 
 

The data subjects are collectively referred to as "users".


Legal basis for processing personal data

In the following we will inform you about the legal basis for the processing of personal data:

  1. If we have obtained your consent for the processing of personal data, the legal basis is Art. 6 Para. 1 S. 1 lit. a) GDPR.

  2. If processing is necessary to fulfill a contract or to carry out pre-contractual measures that are carried out upon your request, the legal basis is Art. 6 Para. 1 S. 1 lit. b) GDPR.

  3. If processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory retention requirements), the legal basis is Article 6 Paragraph 1 Sentence 1 Letter c) GDPR.

  4. If processing is necessary to protect the vital interests of the data subject or another natural person, the legal basis is Art. 6 Para. 1 S. 1 lit.d) GDPR.

  5. If processing is necessary to safeguard our interests or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not outweigh your interests in this regard, Article 6 (1) sentence 1 lit.f) GDPR is the legal basis.


Transfer of personal data to third parties and processors

As a matter of principle, we will not pass on any data to third parties without your consent. If this is the case, the transfer takes place on the basis of the aforementioned legal bases, e.g. when transferring data to online payment providers for the fulfillment of a contract or due to a court order or due to a legal obligation to surrender the data for the purpose of criminal prosecution, to avert danger or to enforce intellectual property rights.
We also use contract processors (external service providers, e.g. for web hosting our websites and databases) to process your data. If data is passed on to the processors as part of an agreement for order processing, this always takes place in accordance with Art. 28 GDPR. We carefully select our processors, check them regularly and have given us the right to issue instructions with regard to the data. In addition, the processors must have taken suitable technical and organizational measures and comply with the data protection regulations according to BDSG nF and DS-GVO


Data transfer to third countries

The adoption of the European General Data Protection Regulation (GDPR) created a uniform basis for data protection in Europe. Your data will therefore mainly be processed by companies for which the GDPR applies. Should the processing by third party services take place outside the European Union or the European Economic Area, then these must meet the special requirements of Art. 44 ff. GDPR. This means that processing takes place on the basis of special guarantees, such as the establishment of a data protection level that is officially recognized by the EU Commission or compliance with officially recognized special contractual obligations, the so-called “standard contractual clauses”.
Insofar as we obtain your express consent to data transfer to the USA due to the ineffectiveness of the so-called "Privacy Shield" according to Art. 49 Paragraph 1 Sentence 1 lit. by US authorities and the use of the data for monitoring purposes, possibly without legal remedies for EU citizens.


Deletion of data and storage duration

Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as you revoke your consent to processing or the purpose for storage no longer applies or the data is no longer required for the purpose, unless it is further Storage is required for evidence purposes or there are statutory retention requirements. This includes, for example, commercial law retention obligations for business letters in accordance with Section 257 (1) HGB (6 years) and tax retention obligations in accordance with Section 147 (1) AO of documents (10 years). When the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion or fulfillment of a contract.


Existence of automated decision-making

We do not use automatic decision-making or profiling.


Provision of our website and creation of log files

  1. If you only use our website for information purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you want to view our website, we collect the following data:
    • IP address;
    • Internet service provider of the user;
    • the date and time of the request;
    • browser type;
    • language and browser version;
    • content of the call;
    • time zone;
    • Access status / HTTP status code;
    • amount of data;
    • Websites from which the request came;
    • Operating system.
    A storage of this data together with other personal data does not take place.

     

  2. These data serve the purpose of user-friendly, functional and secure delivery of our website to you with functions and content as well as their optimization and statistical evaluation.
     

  3. The legal basis for this is our legitimate interest in data processing in accordance with Article 6, Paragraph 1, Sentence 1, Letter f) of the GDPR.
     

  4. For security reasons, we store this data in server log files for a storage period of 70 days. After this period these are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.


Cookies

  1. We use so-called cookies when you visit our website. Cookies are small text files that your internet browser places and saves on your computer. When you visit our website again, these cookies provide information in order to automatically recognize you. Cookies also include the so-called “user IDs”, where user information is stored using pseudonymised profiles. When you visit our website, we will inform you about the use of cookies for the purposes mentioned above and how you can object to them or prevent their storage ("opt-out") by means of a reference to our data protection declaration.

    A distinction is made between the following types of cookies:

    • Necessary, essential cookies:
      Essential cookies are cookies that are absolutely necessary for the operation of the website in order to save certain functions of the website such as logins, shopping cart or user input, e.g. regarding the language of the website.

    • Session cookies:
      Session cookies are required to recognize multiple uses of an offer by the same user (e.g. if you have logged in to determine your login status). When you visit our site again, these cookies provide information in order to automatically recognize you. The information obtained in this way is used to optimize our offers and to give you easier access to our site. When you close the browser or log out, the session cookies are deleted.

    • Persistent cookies:
      These cookies remain stored even after the browser is closed. They are used to store the login, to measure the range and for marketing purposes. These are automatically deleted after a specified period, which can differ depending on the cookie. You can delete cookies at any time in the security settings of your browser.

    • Cookies from third-party providers (third-party cookies, especially from advertisers):
      You can configure your browser settings according to your wishes and e.g. B. Reject the acceptance of third-party cookies or all cookies. However, we would like to point out at this point that you may then not be able to use all the functions of this website. Read more about these cookies in the respective data protection declarations for the third party providers.
     

  2. Data categories:  User data, cookie, user ID (in particular the pages visited, device information, access times and IP addresses).
     

  3. Purposes of processing:  The information obtained in this way is used to optimize our website technically and economically and to enable you to access our website more easily and securely.
     

  4. Legal basis:  If we process your personal data with the help of cookies on the basis of your consent ("opt-in"), then Article 6 Paragraph 1 Clause 1 lit. a) GDPR is the legal basis. Otherwise we have a legitimate interest in the effective functionality, improvement and economic operation of the website, so that the legal basis in this case is Article 6 Paragraph 1 Sentence 1 Letter f) GDPR. The legal basis is also Article 6, Paragraph 1, Sentence 1, Letter b) GDPR, if the cookies are used to initiate contracts, for example when placing an order.
     

  5. Storage period / deletion:  The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

    Otherwise, cookies are stored on your computer and transmitted to our site from there. As a user, you therefore have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to their full extent.

    You can find information on deleting cookies by browser here:

    Chrome:
      https://support.google.com/chrome/answer/95647

    Safari:
      https://support.apple.com/de-at/guide/safari/sfri11471/mac

    Firefox:
      https://support.mozilla.org/de/kb/cookies-und-website-daten-in-fi refox-loschen

    Internet Explorer:
      https://support.microsoft.com/de-at/help/17442/windows-internet-e xplorer-delete-manage-cookies

    Microsoft Edge:
      https://support.microsoft.com/de-at/help/4027947/windows-delete-c ookies
     

  6. Objection and "opt-out":  You can generally prevent cookies from being saved on your hard drive, regardless of your consent or legal permission, by selecting “do not accept cookies” in your browser settings. However, this can limit the functionality of our offers. You can opt out of third-party cookies for advertising purposes via this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de / Preference Management /) contradict.
     


Processing of contracts

  1. We process inventory data (e.g. company, title / academic degree, names and addresses as well as contact details of users, email), contract data (e.g. services used, names of contact persons) and payment data (e.g. bank details, payment history) for the purpose of fulfilling our contractual obligations (Knowledge of who is a contractual partner; justification, content structure and processing of the contract; checking for plausibility of the data) and services (e.g. contacting customer service) in accordance with Art. 6 Para. 1 S. 1 lit b) GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
     

  2. This data is generally not passed on to third parties, unless it is necessary to pursue our claims (e.g. transfer to a lawyer for collection) or to fulfill the contract (e.g. transfer of data to payment providers) or there is a legal obligation to do so in accordance with Art . 6 para. 1 sentence 1 lit. c) GDPR.
     

  3. We can also process the data you provide in order to inform you about other interesting products from our portfolio or to send you emails with technical information.
     

  4. The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. This is the case for the inventory and contract data when the data is no longer required for the execution of the contract and no more claims can be asserted from the contract because these are statute-barred (warranty: two years / standard limitation: three years ). Due to commercial and tax law requirements, we are obliged to save your address, payment and order data for a period of ten years. However, if the contract is terminated after three years, we will restrict processing, ie your data will only be used to comply with legal obligations. Information in the user account remains until it is deleted.
     


Rights of the data subject

  1. Objection or revocation against the processing of your data

    Insofar as the processing is based on your consent in accordance with Art. 6 Paragraph 1 Clause 1 lit. a), Art. 7 GDPR, you have the right to withdraw your consent at any time. This does not affect the legality of the processing carried out on the basis of the consent up to the point of revocation.

    If we base the processing of your personal data on the balancing of interests in accordance with Art. 6 Paragraph 1 Sentence 1 Letter f) GDPR, you can object to the processing. This is the case, in particular, if the processing is not necessary to fulfill a contract with you, which we describe in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and either stop or adapt the data processing or point out to you our compelling reasons worthy of protection, on the basis of which we will continue the processing.

    You can object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise your right of objection free of charge. You can inform us about your objection to advertising using the following contact details:

    Audiobook software Philipp Henkel
    Stadtilmweg 6
    Waldbronn
    Managing Director Philipp Henkel
    Email address: audiobookcutter@gmail.com

     

  2. Right to information
    You have the right to request confirmation from us as to whether personal data relating to you is being processed. If this is the case, you have the right to information about your personal data stored by us in accordance with Art. 15 GDPR. This includes, in particular, information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data, unless it was collected directly from you.

     

  3. Right to rectification
    You have the right to correct incorrect data or to complete correct data in accordance with Art. 16 GDPR.
     
     

  4. Right to cancellation
    You have the right to have your data stored by us deleted in accordance with Art. 17 GDPR, unless this is contrary to statutory or contractual retention periods or other statutory obligations or rights to further storage.
     
     

  5. Right to Restriction
    You have the right to request a restriction in the processing of your personal data if one of the requirements in Art. 18 Para. 1 lit. a) to d) GDPR is met:
    • If you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to check the accuracy of the personal data;

    • the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;

    • the person responsible no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or

    • if you have lodged an objection to the processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

     

  6. Right to data portability
    You have the right to data portability according to Art. 20 GDPR, which means that you can receive the personal data we have stored about you in a structured, common and machine-readable format or you can request that it be transmitted to another person responsible.
     
     

  7. Right to Complain
    You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority in particular in the member state of your place of residence, your place of work or the place of the alleged violation.
     
     


Data security

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



Status: 08/12/2020

Source:  Data protection declaration GDPR sample from Juraforum.de