Data protection notice of Jotena3d e.K. for the website www.jotena3d.de
1. Name and address of the person responsible
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Data Protection Commissioner:
The data protection notice of Jotena3d e.K. is based on the defined terms of the data protection basic regulation (DSGVO). Our data protection notice should be easy to read and understand. In order to guarantee this, we explain the terms used in advance:
2.1 Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter "data subject"). A natural person shall be considered identifiable if he 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 or one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
2.2 Person concerned
The data subject is any identified or identifiable natural person whose personal data are processed by the data controller.
Processing means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
2.4 Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
Pseudonymisation means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
2.7 Controller or Controller
The controller or data controller 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 laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.
2.8 Processors of subcontractors
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
2.10 Third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
3. general information on data processing
Data protection, data security and secrecy protection have high priority for us. The permanent protection of your personal data, your company data and your trade secrets is particularly important to us.
In principle, you can visit our website without providing any personal information. However, if you make use of the services of our company via our website, this requires the disclosure of your personal data. As a rule, we use the data communicated by you and collected by the website and the data stored during use exclusively for our own purposes, namely for the implementation and provision of our website and for the initiation, implementation and processing of the services/offers offered via the website (fulfilment of contract) and do not pass these on to outside third parties, unless there is an officially ordered obligation to do so. In all other cases, we will obtain your separate consent.
We have implemented technical and organisational measures to ensure adequate protection of the personal data processed via our website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that no absolute protection can be guaranteed by us.
4. General information on legal bases, purposes of processing, duration of storage, objection and possibility of disposal
4.1 General information on the legal bases
Where we obtain the consent of the data subject for the processing of personal data, Article 6(1)(a) of the EU Basic Data Protection Regulation (DSGVO) serves as the legal basis for the processing of personal data.
Art. 6 para. 1 lit. b DSGVO serves as the legal basis for the processing of personal data required for the performance of a contract to which the data subject is a party. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.
Art. 6 para. 1 lit. d DSGVO serves as a legal basis in the event that vital interests of the data subject or another natural person necessitate the processing of personal data.
If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for the processing.
4.2 General information on data erasure and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. In addition, the data may be stored if the European or national legislator has provided for this in EU regulations, laws or other provisions to which the person responsible is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary for further storage of the data for the conclusion or performance of a contract.
5. Collection of general data and information
Our website collects a series of general data and information each time it is called up by a person or an automated system. These general data and information are stored in the log files of the server. The (1) browser types used and their versions, (2) the operating system used by the accessing system, (3) the website from which the access to our website takes place (so-called referrer), (4) the sub-sites which are called up when accessing our website can be recorded, (5) the date and time of an access to our website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information which serve to avert danger in the event of attacks on our information technology systems.
When using this general data and information, we do not draw any conclusions about the person concerned. This information is needed (1) to correctly deliver the content of our website, (2) to optimize the content and advertising of our website, (3) to ensure the long-term functionality of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyber attack.
6. General information on legal bases, purposes of processing, duration of storage, objection and possibility of disposal
You have the opportunity to register on our website by providing personal data. The personal data transmitted to the data controller is determined by the respective input mask used for registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the data controller and for our own purposes. We may arrange for the personal data to be passed on to one or more contract processors, for example a payment service provider and parcel service provider, who also uses the personal data exclusively for the purpose of fulfilling their contract with us.
When you register on our website, we also store the IP address assigned by your Internet Service Provider (ISP), the date and time of your registration. The storage of this data enables us, if necessary, to clarify criminal offences and copyright infringements. In this respect, the storage of this data is necessary for our security and is in our legitimate interest within the meaning of Art. 6 para. 1 lit. f) DSGVO. These data will not be passed on to third parties unless there is a legal obligation to do so or the data is used for criminal or legal prosecution.
In addition, the personal data you voluntarily provide to us during your registration serves to offer you content or services which, due to the nature of the matter, can only be offered to registered users.
If a person concerned takes the opportunity to register on the website, the data entered in the input masks will be transmitted to us and stored. This data includes:
- First name
- house number
- image data
7. Email contact
Our website has an e-mail interface. This can be used by you to contact us electronically. If a person concerned makes use of this possibility, the data entered in the input mask will be transmitted to us and stored. These data are (e.g.):
- First name
At the time the message is sent, the following data will also be stored:
- The IP address of the affected person
- Date and time of sending
The data will not be passed on to third parties in this context. The data will only be used for the processing of the conversation.
The above shall not apply if the correspondence is subject to a storage obligation under commercial law.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
8. Use of our webshop
If you wish to make use of our services via our web shop, it is necessary for the conclusion of the contract that you provide your personal data, which we require for the processing of your order. We process the data provided by you in order to process your order. For this purpose we can pass on your payment data to our house bank.
You can voluntarily create a customer account, through which we can store your data for later, further purchases. When you create an account under "Login", the data you provide will be stored revocably. You can always delete all other data, including your user account, in the customer area.
If a person concerned takes the opportunity to use the web shop, the data entered in the input masks are transmitted to us and stored. This data includes:
- First name
- Date of birth
- VAT ID
- Delivery address
- Invoice address
- Payment data
As described in our 3D GTC, we are entitled to forward the master and billing data provided to us to third party payment service providers (banks, instant bank transfer, credit card [Mastercard, Visa] or PayPal™) to the extent necessary for the payment of our goods and services. In the case of orders via the stationary trade, the collection is carried out by the respective department store.
10. Your rights
If personal data is processed by you, you are the data subject within the meaning of the DSGVO and you are entitled to the following rights vis-à-vis the person responsible:
10.1 Right to information
You can request confirmation from the person responsible as to whether personal data relating to you will be processed by us.
In the event of such processing, you may request the following information from the data controller:
- the purposes for which the personal data are processed;
- the categories of personal data processed;
- the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;
- the planned duration of the retention of the personal data concerning you or, if it is not possible to provide specific information in this regard, criteria for determining the retention period;
- the existence of a right to rectify or erase personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;
- the existence of a right of appeal to a supervisory authority
- all available information on the origin of the data, if the personal data are not collected from the data subject;
- the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) DSGVO and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing on the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transfer.
10.2 Right to rectification
You have the right to have your personal data corrected and/or completed by the data controller if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the rectification immediately.
10.3 Right to limitation of processing
Under the following conditions, you may request that the processing of your personal data be restricted:
- if you dispute the accuracy of the personal data concerning you for a period of time which enables the person responsible to verify 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 controller no longer needs the personal data for the purposes of the processing, but you need them to assert, exercise or defend legal claims, or
- if you have lodged an objection against the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been determined whether the justified reasons of the data controller outweigh your reasons
Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.
If the processing restriction has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
10.4 Right to deletion
10.4.1 Cancellation obligation
You may request the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately if one of the following reasons applies:
- The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
- You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing.
- You object to the processing pursuant to Art. 21 (1) DSGVO and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 (2) DSGVO.
- The personal data concerning you have been processed unlawfully.
- The deletion of your personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
- The personal data relating to you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO
10.4.2 Information to third parties
If the person responsible has made the personal data concerning you public and is obliged to delete them in accordance with Art. 17 (1) DSGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.
The right to deletion does not exist if the processing is necessary.
- on the exercise of freedom of expression and information;
- to fulfil a legal obligation which processing is subject to under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
- for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
- for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to under section a) presumably makes it impossible or seriously impairs the attainment of the objectives of such processing, or
- to assert, exercise or defend legal claims.
Furthermore, the right to deletion does not exist if the personal data must be stored by the responsible person due to legal storage obligations and periods. In such a case, the personal data will be blocked instead of deleted.
10.5 Right to information
If you have exercised your right to rectify, cancel or limit the processing of your personal data against the controller, the latter is obliged to notify all recipients to whom the personal data concerning you have been disclosed of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort.
They shall have the right vis-à-vis the person responsible to be informed of such recipients.
10.6 Right to data transferabilityYou have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable and interoperable format. In addition, you have the right to communicate this data to another controller without being hindered by the controller to whom the personal data was provided, provided that
- the processing is based on a consent pursuant to Art. 6 Para. 1 lit. a DSGVO or Art. 9 Para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 Para. 1 lit. b DSGVO and
- processing is performed using automated procedures.
In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one responsible person to another responsible person, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data transfer does not apply to the 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.
10.7 Right of objection
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of Art. 6 para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
The controller will no longer process the personal data relating to you unless he can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling to the extent that it is connected with such direct advertising.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right of objection in relation to the use of Information Society services - notwithstanding Directive 2002/58/EC - by means of automated procedures using technical specifications.
10.8 Right to revoke declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time and without stating reasons. In the event of revocation, we will immediately delete your personal data and no longer process it. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke your consent.
10.9 Automated decision in individual cases including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This does not apply if the decision
- is necessary for the conclusion or performance of a contract between you and the person responsible,
- is authorised by legislation of the Union or of the Member States to which the person responsible is subject and contains adequate measures to safeguard your rights and freedoms and your legitimate interests, or
- with your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
In the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms and your legitimate interests, including at least the right of the controller to obtain the intervention of a person, to present his or her point of view and to contest the decision.
10.10 Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of your residence, place of work or place of presumed infringement, if you consider that the processing of your personal data is in breach of the DSGVO.
The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.
Status: December 2018
Responsible office: Jotena3D e.K.