This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within the framework of the provision of our services as well as within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as “online offer”). With regard to the terms used, e.g. “processing” or “responsible person”, we refer to the definitions in Art. 4 of the Basic Data Protection Regulation (DSGVO).
Ibrahim Willeke/ SOFRA Cologne
c/o Rubicon e.V.
50676 Cologne, Germany
e-mail address: firstname.lastname@example.org
Link to the imprint: https://sofracologne.de/impressum
Types of data processed
– inventory data (e.g., personal master data, names or addresses).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., visited websites, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offer (in the following we will refer to the persons concerned collectively as “users”).
Purpose of the processing
– Provision of the online offer, its functions and contents.
– Answering of contact requests and communication with users.
– security measures.
– Range measurement/Marketing
“Personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person
“Processing” means any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers virtually all processing of data.
“pseudonymisation” means the processing of personal data in such a way that the personal data cannot be traced back to a specific data subject without the inclusion of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not traced back to an identified or identifiable natural person
“profiling” shall mean any automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular with a view to analysing or predicting aspects relating to the performance of work, the economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movements of that natural person
The term “controller” shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
“processor” means any natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
Relevant legal basis
In accordance with Art. 13 DSGVO, we inform you of the legal basis of our data processing. For users from the area of application of the basic data protection regulation (DSGVO), i.e. the EU and the EEC, the following applies unless the legal basis is stated in the data protection declaration:
The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 DSGVO;
The legal basis for processing for the purpose of fulfilling our services and carrying out contractual measures and answering enquiries is Art. 6 para. 1 lit. b DSGVO;
The legal basis for processing for the fulfilment of 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 DSGVO serves as the legal basis.
The legal basis for the processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Article 6 (1) (e) FADP.
The legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f DSGVO.
The processing of data for purposes other than those for which they were collected is governed by the provisions of Art. 6 para. 4 DSGVO.
The processing of special categories of data (in accordance with Art. 9 para. 1 DSGVO) is governed by the provisions of Art. 9 para. 2 DSGVO.
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.
Such measures shall include in particular safeguarding the confidentiality, integrity and availability of data by controlling physical access to data, as well as access, input, disclosure, safeguarding of availability and segregation of data relating to them. Furthermore, we have established procedures to ensure that data subjects’ rights are exercised, data is deleted, and we respond to any threats to the data. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection through technology design and data protection-friendly default settings.
Cooperation with contract processors, jointly responsible parties and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors, jointly responsible parties or third parties), transfer it to them or otherwise grant them access to the data, this will only be done on the basis of a legal authorisation (e.g. if the transfer of the data to third parties, such as payment service providers, is necessary to fulfil a contract), users have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose, transfer or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, moreover, on a basis that complies with the legal requirements.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or if this is done in the context of using the services of third parties or disclosure or transfer of data to other persons or companies, this will only take place if it is done to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transfer, we process or allow the data to be processed only in third countries with a recognized level of data protection, including the US processors certified under the “Privacy Shield” or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 DSGVO, information page of the EU Commission).
Rights of data subjects
Right of access: You have the right to obtain confirmation as to whether or not data in question are being processed and to obtain information on such data, as well as further information and a copy of the data in accordance with legal requirements.
Right of rectification: You have the right to request the completion of data concerning you or the rectification of incorrect data concerning you, in accordance with the law.
Right to erasure and limitation of processing: You have the right to request that data concerning you be erased immediately in accordance with the law or, alternatively, that the processing of such data be limited in accordance with the law.
Right to data transferability: You have the right to receive data relating to you which you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transferred to another person responsible.
Complaints to the supervisory authority: You also have the right to lodge a complaint with the competent supervisory authority in accordance with the statutory provisions.
Right of withdrawal
You have the right to revoke any consent you have given with effect for the future.
Right of objection
Right of objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data relating to you which is carried out pursuant to Article 6 paragraph 1 letter e or f FADP; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
Cookies und Widerspruchsrecht bei Direktwerbung
Cookies” are small files that are stored on the user’s 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 his visit to 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, for example, the contents of a shopping cart in an online shop or a login status can be stored. Cookies are described as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if the user visits it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for range measurement or marketing purposes. Third-party cookies” are cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only their cookies, it is called “first-party cookies”).
If users do not wish 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.
Deletion of data
The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. 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 the deletion does not conflict with any statutory storage obligations.
Unless the data are deleted because they are required for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
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 changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to cooperate (e.g. to give your consent) or to receive other individual notification.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details will be used to process the contact request and its handling in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual/pre-contractual relations), Art. 6 para. 1 lit. f. (other inquiries) DSGVO are processed… User data may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation.
We delete the enquiries if they are no longer required. We check the necessity every two years; furthermore, the statutory archiving obligations apply.
Communication via WhatsApp Messenger
We use the WhatsApp Messenger for communication purposes and ask you to observe the following notes on the functionality, encryption, risks of WhatsApp, use of metadata within the Facebook group of companies and your right to object.
You do not need to use WhatsApp and can contact us in alternative ways, such as by phone or e-mail. Please use the contact information provided to you or use the contact information provided on our website.
WhatsApp (WhatsApp Inc. WhatsApp Legal 1601 Willow Road Menlo Park, California 94025, USA) is a U.S. service, which means that the data you send via WhatsApp can be transferred to WhatsApp in the U.S. before it is sent to us.
However, WhatsApp is certified under the Privacy Shield Agreement and therefore assures that it complies with European and Swiss data protection laws (https://www.privacyshield.gov/participant?id=a2zt0000000TSnwAAG&status=Active).
WhatsApp also assures that the communication content (i.e. the content of your message and attached images) is encrypted end-to-end. This means that the content of the messages cannot be viewed, not even by WhatsApp itself. You should always use a current version of WhatsApp to ensure that the message content is encrypted.
However, we would like to point out to our communication partners that WhatsApp cannot see the content, but can learn that and when communication partners communicate with us as well as process technical information about the communication partner’s device and, depending on the settings of their device, location information (so-called metadata). With the exception of encrypted content, it is possible for communication partners’ data to be transmitted within the Facebook group of companies, particularly for the purpose of optimizing the respective services and for security purposes. Likewise, communication partners should assume, at least as long as they have not objected to this, that their data processed by WhatsApp can be used for marketing purposes or for displaying advertising tailored to users.
If we ask communication partners for their consent before communicating with them via WhatsApp, the legal basis for our processing of their data is Art. 6 Par. 1 lit. a. DSGVO. Otherwise, if we do not ask for your consent and you contact us, for example, on your own initiative, we will use WhatsApp in relation to our contractual partners and in the context of contract negotiations as a contractual measure in accordance with Art. 6 para. 1 lit. b. DSGVO and in the case of other interested parties and communication partners on the basis of our legitimate interests in fast and efficient communication and meeting the needs of our communication partners for communication via messengers in accordance with Art. 6 para. 1 lit. f. DSGVO.
You can object to communication with us via WhatsApp at any time. If you subscribe to news (also known as “broadcasts”) via WhatsApp, you can delete our respective telephone number from their contacts and request that we remove your contact from our directory. In the case of ongoing individual inquiries or communications, you may also request that we do not continue communications through WhatsApp and that we delete the content of communications.
In the case of communication via WhatsApp, we will delete the WhatsApp messages as soon as we can assume that we have answered any information provided by the user, if no reference to a previous conversation is to be expected and there are no legal obligations to retain data.
Furthermore, we would like to point out that we will not transmit the contact data provided to us to WhatsApp without your consent (e.g. by contacting you via WhatsApp).
Finally, we would like to point out that for your security, we reserve the right not to answer any inquiries about WhatsApp. This is the case if, for example, internal contractual matters require special confidentiality or if a reply via Messenger does not meet the formal requirements. In such cases we will refer you to more appropriate communication channels.
Communication via Facebook Messenger
We use the Facebook Messenger for communication purposes and ask you to observe the following notes on the functionality, encryption, risks of the Facebook Messenger, use of metadata within the Facebook group of companies and your right to object.
You do not need to use the Facebook Messenger and can contact us in alternative ways, e.g. by telephone or e-mail. Please use the contact options provided to you or use the contact options on our website.
The Facebook Messenger is offered by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland, and the data entered and otherwise collected in the course of communication is processed in the USA by Facebook, 1 Hacker Way, Menlo Park, CA 94025, USA.
However, Facebook is certified under the Privacy Shield Agreement and therefore assures to comply with European and Swiss data protection laws (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
Facebook also assures that the communication content (i.e. the content of your message and attached images) cannot be read and offers end-to-end encryption of the content. This means that the content of the messages cannot be viewed, not even by Facebook itself. However, end-to-end encryption requires activation, which you must enable in your Messenger settings by selecting “Secret conversations” from the menu. You should always use a current version of Facebook Messenger to ensure that the message content is encrypted.
We would like to point out to our communication partners that even if encryption is activated, Facebook can still find out that and when communication partners communicate with us, as well as process technical information on the communication partners’ device used and, depending on the settings of their device, also location information (so-called metadata). With the exception of encrypted content, it is possible to transmit the data of communication partners within the Facebook group of companies, in particular for the purpose of optimizing the respective services and for security purposes. Likewise, communication partners should assume, at least as long as they have not objected to this, that their data processed by the Facebook Messenger can be used for the purposes of marketing or displaying advertising tailored to users.
If we ask communication partners for their consent before communicating with them via the Facebook Messenger, the legal basis for our processing of their data is Art. 6 Par. 1 lit. a. DSGVO. Otherwise, if we do not ask for consent and you contact us, for example, on your own initiative, we will use WhatsApp in relation to our contractual partners and in the context of contract negotiations as a contractual measure in accordance with Art. 6 Para. 1 lit. b. DSGVO and in the case of other interested parties and communication partners on the basis of our legitimate interests in fast and efficient communication and meeting the needs of our communication partners for communication via messengers in accordance with Art. 6 para. 1 lit. f. DSGVO.
Further information on the purposes, types and scope of processing your data by Facebook, as well as the relevant rights and setting options for protecting your privacy, can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy.
You can object to communication with us via Facebook Messenger at any time and ask us not to continue communication via Facebook Messenger and to delete the communication content. We delete the Facebook messages as soon as we can assume that we have answered any information provided by the user, if no reference to a previous conversation is to be expected and there are no legal retention obligations to prevent deletion.
Finally, we would like to point out that for reasons of your security we reserve the right not to answer questions using the Facebook Messenger. This is the case if, for example, internal contractual matters require special secrecy or a reply via the Messenger does not meet the formal requirements. In such cases we refer you to more adequate communication channels.
Online presence in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services.
We point out that user data may be processed outside the European Union. This can result in risks for the users, because the enforcement of the users’ rights could be made more difficult. With regard to US providers certified under the Privacy Shield, we would like to point out that they thereby undertake to comply with the data protection standards of the EU.
Furthermore, user data is generally processed for market research and advertising purposes. For example, user profiles can be created from the user behaviour and the resulting interests of the users. The user profiles can in turn be used, for example, to place advertisements within and outside the platforms that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the usage behaviour and interests of the users are stored. Furthermore, data may also be stored in the user profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).
The processing of users’ personal data is based on our legitimate interests in effective information of users and communication with users in accordance with Art. 6 para. 1 lit. f. DSGVO. If the users are asked by the respective providers of the platforms to give their consent to the aforementioned data processing, the legal basis for the processing is Art. 6 para. 1 lit. a., Art. 7 DSGVO.
For a detailed presentation of the respective processing and the possibilities of objection (opt-out), we refer to the following linked information of the providers.
Also in the case of requests for information and the assertion of user rights, we would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users and can directly take appropriate measures and provide information. Should you nevertheless require assistance, you can contact us.
Integration of third party services and content
Within our online offer, we set within our online offer on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer in the sense of Art. 6 Par. 1 lit. f. DSGVO), we use content or service offers from third parties in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of these contents are aware of the IP address of the users, as without the IP address they would not be able to send the contents to their browsers. The IP address is therefore necessary for the display of this content. We make every effort to use only such content whose respective providers use the IP address only to deliver the content. Third party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. Pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain technical information about the browser and operating system, referring websites, visiting time and other details about the use of our online offer, as well as being linked to such information from other sources.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke