We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Christiane von Enzberg Photography. The use of the Internet pages of the Christiane von Enzberg Photography is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordanc e with the country-specific data protection regulations applicab le to the Christiane von Enzberg Photography. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the Christiane von Enzberg Photography has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the Christiane von Enzberg Photography is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used. In this data protection declaration, we use, inter alia, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable na tural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification numb er, location data, an online identifier or to one or more factors specific to the physi cal, physiological, genetic, mental, economic, cultural or soci al identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person, wh ose personal data is processed by the controller responsible fo r the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal dat a consisting of the use of personal data to evaluate certain pe rsonal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a m anner that the personal data can no longer be attributed to a s pecific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attr ibuted to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is 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 nomination may be provided for by Unio n or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which 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 those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, infor med and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreem ent to the processing of personal data relating to him or her.
2. NAME AND ADDRESS OF THE CONTROLLER
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Christiane von Enzberg Photography
78570 Mühlheim, Germany
The Internet pages of the Christiane von Enzberg Photography us e cookies. Cookies are text files that are stored in a computer system via an Internet browser.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
4. COLLECTION OF GENERAL DATA AND INFORMATION
The website of the Christiane von Enzberg Photography collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browse r types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (socalled referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the Christiane von Enzberg Photography does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content o f our website correctly, (2) optimize the content of our websit e as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Christiane von Enzberg Photography analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. SUBSCRIPTION TO OUR NEWSLETTERS
On the website of the Christiane von Enzberg Photography, users are given the opportunity to subscribe to our enterprise’s newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.
The Christiane von Enzberg Photography informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise’s newsletter may only be received by the data su bject if (1) the data subject has a valid e-mail address and (2 ) the data subject registers for the newsletter shipping. A confirmation e-mail wil l be sent to the e-mail address registered by a data subject fo r the first time for newsletter shipping, for legal reasons, in the double opt-in pr ocedure. This confirmation e-mail is used to prove whether the o wner of the e-mail address as the data subject is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller. The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newslette r offer, or in the event of a change in technical circumstances . There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.
The newsletter of the Christiane von Enzberg Photography contai ns so-called tracking pixels. A tracking pixel is a miniature g raphic embedded in such e-mails, which are sent in HTML format to enable log fil e recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking p ixel, the Christiane von Enzberg Photography may see if and whe n an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.
Such personal data collected in the tracking pixels contained i n the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Christiane von Enzberg Photography automatically regards a withdrawal from the receipt of the newsletter as a revocation.
7. CONTACT POSSIBILITY VIA THE WEBSITE
The website of the Christiane von Enzberg Photography contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
8. ROUTINE ERASURE AND BLOCKING OF PERSONAL DATA
The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to. If the storage purpose is not applicable, or if a storage perio d prescribed by the European legislator or another competent le gislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.
9. RIGHTS OF THE DATA SUBJECT
a) Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right of access
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing; the categories of personal data concerned; 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 organisations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, th e criteria used to determine that period;the existence of the r ight to request from the controller rectification or erasure of personal data, or restric tion of processing of personal data concerning the data subject , or to object to such processing; the existence of the right to lodge a complaint wit h a supervisory authority; where the personal data are not coll ected from the data subject, any available information as to their source; the exis tence of automated decision-making, including profiling, referre d to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful in formation about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay th e rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification , he or she may, at any time, contact any employee of the contr oller.
d) Right to erasure (Right to be forgotten)
Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:
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 to which the processing is b ased according to point (a) of Article 6(1) of the GDPR, or poi nt (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate ground s for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data have been unlawfully processed. The personal data must be erased for compliance with a legal obligation in 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) of the GDPR. If one of the aforementioned re asons applies, and a data subject wishes to request the erasure of personal data stored by the Christiane von Enzberg Photography, he or she may, at any time, contact any employee of the controller. An employee of Christiane von Enzberg Photography shall promptly ensure that the erasure request is complied with immediately. Where the controller has made personal data public and is obliged pursuant to Article 17(1) to era se the personal data, the controller, taking account of availab le technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Christiane von Enzberg Photography will arrange the necessary measures in individual cases.
e) Right of restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing 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 instead the restriction of their use instead. The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims. The data su bject has objected to processing pursuant to Article 21(1) of t he GDPR pending the verification whether the legitimate grounds of the controlle r override those of the data subject. If one of the aforementio ned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Christiane von Enzberg Photography, he or she may at any time contact any employee of the controller. The employee of the Christiane von Enzberg Photography will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official author ity vested in the controller. Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall h ave the right to have personal data transmitted directly from o ne controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others. In order to assert the right to data portability, the data subject may at any time contact any employee of the Christiane von Enzberg Photography. g) Right to object Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, whi ch is based on point (e) or (f) of Article 6(1) of the GDPR. Th is also applies to profiling based on these provisions. The Christiane von Enzberg Photography shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims. If the Christiane von Enzberg Photography processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or he r for such marketing. This applies to profiling to the extent th at it is related to such direct marketing. If the data subject objects to the Christiane von Enzberg Photography to the processing for direct marketing purposes, the Christiane von Enzberg Photography will no longer process the personal data for these purposes. In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Christiane von Enzberg Photography for s cientific or historical research purposes, or for statistical pu rposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary f or the performance of a task carried out for reasons of public interest.In order to exercise the right to object, the data subject may contact any employee of the Christiane von Enzberg Photography. In addition , the data subject is free in the context of the use of information society s ervices, and notwithstanding Directive 2002/58/EC, to use his o r her right to object by automated means using technical specifications. h) Automated individual decision-making, including profiling Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised 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 (3) is not based on t he data subject’s explicit consent. If the decision (1) is necessary for entering into, or the perf ormance of, a contract between the data subject and a data cont roller, or (2) it is based on the data subject’s explicit consent, the Christiane vo n Enzberg Photography shall implement suitable measures to safe guard the data subject’s rights and freedoms and legitimate interests, at leas t the right to obtain human intervention on the part of the con troller, to express his or her point of view and contest the decision. If the data subj ect wishes to exercise the rights concerning automated individu al decision- making, he or she may, at any time, contact any employee of the Christiane von Enzberg Photography. i) Right to withdraw data protection consent Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time. If the data subject wishes to exercise the right t o withdraw the consent, he or she may, at any time, contact any employee of the Christiane von Enzberg Photography.
10. DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF INSTAGRAM
On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualifie d as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks. The operating company of the services offered by Instagram is
Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park , CA, UNITED STATES.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited b y the data subject.
If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site— which s pecific sub-page of our Internet page was visited by the data su bject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.
Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.
Further information and the applicable data protection provisio ns of Instagram may be retrieved under https://help.instagram. com/155833707900388 and https://www.instagram.com/about/legal/ privacy/.
11. DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF LINKEDIN
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific subpage of our website was visited by the data subject. If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject and for the entire d uration of their stay on our Internet site which specific sub-pa ge of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.
LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.
12. LEGAL BASIS FOR THE PROCESSING
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Articl e 6(1) lit. b GDPR. The same applies to such processing operations which are necess ary for carrying out pre-contractual measures, for example in t he case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing i s based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for exam ple, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 (1) lit. d GDPR. Finally, processing operations could be based on Article 6 v(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursu ed by our company or by a third party, except where such intere sts are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a leg itimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
13. THE LEGITIMATE INTERESTS PURSUED BY THE CONTROLLER OR BY A THIRD PARTY
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our busines s in favor of the wellbeing of all our employees and the shareholders.
14. PERIOD FOR WHICH THE PERSONAL DATA WILL BE STORED
The criteria used to determine the period of storage of persona l data is the respective statutory retention period. After expi ration of that period, the corresponding data is routinely deleted, as long as it is n o longer necessary for the fulfillment of the contract or the in itiation of a contract.
15. PROVISION OF PERSONAL DATA AS STATUTORY OR CONTRACTUAL REQUIREMENT; REQUIREMENT NECESSARY TO ENTER INTO A CONTRACT
Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data. We clarify that the provision of personal data is partly requir ed by law (e.g. tax regulations) or can also result from contra ctual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subj ect is, for example, obliged to provide us with personal data w hen our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal d ata is required by law or contract or is necessary for the conc lusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
16. EXISTENCE OF AUTOMATED DECISION-MAKING