Customer and supplier information, at the same time information on data processing according to Art. 12 ff. DSGVO

Dear customers,

Due to the legal regulations of the data protection basic regulation (DSGVO) we are obligated to give you comprehensive information (art. 13 DSGVO) about the processing of your personal data, for which we are very gladly prepared. Data protection and the handling of your personal data are very important to us, so that we always pay attention to a proper processing of your personal data. In the event that you have any questions regarding the processing of your data, we are at your disposal for this purpose. With regard to the processing of your personal data, we inform you of the following:

1 Name of the person responsible

Responsible for the processing of your personal data is the :

Jotena3d e.K., owner Jens Johnen

2 Managing Director, Head of Data Processing

2.1 Management Board

is the managing owner of the responsible body:

Mr Jens Johnen

2.2 Data Protection Officer

According to § 38 Abs. 1 S. 1 BDSG Jotena3d e.K. is not legally obliged to appoint a data protection officer.

3 Address of the person responsible

Jotena3d e.K., owner Jens Johnen
Am Elfengrund 60
64297 Darmstadt
Telefon: 06151-2789837
E-Mail: info@jotena3d.de

4 Purpose of data processing

The company is Jotena3D e.K. based in Darmstadt. The core service offered is a new combination of 3D scanning and 3D printing.

Your personal data will be processed for the purpose of establishing, implementing and terminating a contractual relationship with you. In particular, we use your personal data for the production, purchase and delivery of 3D busts, 3D portraits, 3D prints and 3D replicas as well as other products and accessories (3D goods).

5 data categories

In the context of this, we process in particular the following personal data or categories of data from you:

  • 3D scans of the upper body and head
  • Company/company
  • Name
  • first name
  • Date of birth
  • Username
  • Password
  • Order data (scanned and/or printed images, documents, contracts, other files)
  • Address data (delivery/billing address)
  • Payment data (bank, bank routing number, IBAN, account number)

6 Legal basis for the processing

The legal basis for the processing of your personal data follows:

  • Contract according to Art. 6 para. 1 lit. b) DSGVO(e.g.: contracts for work and services)
  • Compliance with a legal obligation and in individual cases pursuant to Art. 6 Para. 1 lit c) DSGVO (e.g. reports to the tax office; responses to legal and data protection inquiries)
  • Balancing of interests pursuant to Art. 6 para. 1 lit. f) DSGVO (e.g. advertising vis-à-vis existing customers, exercise of domestic law; assertion of legal claims and defence in legal disputes; guarantee of IT security and IT operation of the responsible party; prevention and clarification of criminal offences; video surveillance serves to collect evidence in the case of criminal offences. They thus serve to protect customers and employees as well as the exercise of house rights; measures for building and plant security (e.g. access controls).

7 Recipient or category of recipient

In order to fulfil our contractual and legal obligations, your data will be forwarded to the following recipient or category of recipient:

  • Specialist agents
  • Bank institutions
  • External service providers
    • 3D-Artists
    • IT service provider
    • 3D print service provider
    • Hosting service provider
  • Fiscal Office
  • Document destruction

8 Transfer to a third country

We transmit the scan data to various 3D artists in Eastern Europe or Asia. These countries are predominantly regarded as third countries within the meaning of the DSGVO. An adequacy decision in the sense of Art. 45 DSGVO, which would classify these countries as safe third countries and thus put them on an equal footing with the EU in terms of the level of data protection, is generally lacking. In order to ensure the safe handling of your data, a contract has been concluded with the 3D-Artists using the EU standard contract clauses. The 3D-Artists commit themselves to this and guarantee to comply with the data protection principles of the DSGVO. The standard contractual clauses on which the contract is based can be found at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:039:0005:0018:DE:PDF"

9 Duration of storage, deletion of personal data

In order to fulfil our contractual and legal obligations, we store the data for the following periods, unless there is a justified interest within the meaning of Art. 6 I f) DSGVO, which would justify longer storage:

If necessary, we process and store your personal data for the duration of our business relationship, which includes, for example, the initiation and execution of a contract. In addition, we are subject to various storage and documentation obligations resulting from the German Commercial Code (HGB), the Fiscal Code (AO), the Banking Act (KWG) and the Money Laundering Act (GwG). The time limits for storage and documentation specified there are between two and ten years. Finally, the storage period is also assessed according to the statutory limitation periods, which, for example, according to §§ 195 et seq. of the German Civil Code (BGB) can generally be 3 years, but in certain cases also up to thirty years.

In detail:

  • Business correspondence: 10 years, § 147 I No. 4.5 in connection with III AO; § 257 I No. 1, 4 in connection with § 238 I HGB
  • Contracts: 10 years, § 147 I No. 4.5 in connection with III AO; § 257 I No. 1, 4 in connection with § 238 I HGB
  • Documents for invoices: 10 years, § 147 I No. 4.5 in connection with III AO; § 257 I No. 1, 4 in connection with § 238 I HGB
  • Applications: 6 months (if there is no employment relationship)
  • Judgements, decisions and titles: 30 years

10 Existence of a right of access, rectification, etc.

You have the following rights against us with regard to your personal data:

  • right to information
  • Right to rectification or deletion
  • Right to restrict processing
  • Right to Data Transferability
  • right to complain to a data protection supervisory authority about the processing of your personal data by us if you do not agree with the handling of your data, and
    • right to complain to a data protection supervisory authority about the processing of your personal data by us if you do not agree with the handling of your data.
  • right of revocation: You have the right to revoke your data protection consent at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent up to the revocation;
  • 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 concerning you carried out on the basis of Art. 6 Para. 1 lit. e or f DSGVO; this also applies to profiling based on these provisions.
    • The person responsible will no longer process the personal data concerning you, unless he can prove compelling grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
    • If the personal data concerning you are processed for the purpose of direct advertising, you have the right at any time to object 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 connection with the use of Information Society services - notwithstanding Directive 2002/58/EC - by means of automated procedures using technical specifications.

Status: December 2018