LEGAL NOTICE
Responsible according to § 10 Abs.3 MDStV
Thomas Sawer
studio@shotbytomek.com
DISCLAIMER
On our pages are links to external offers. Despite careful control of their content,
we do not assume any liability for them. The operators of the linked pages are
solely responsible for their content. All content on this page is copyrighted
and owned by Tomek Sawer.
PRIVACY POLICY
Status January 2020
This data protection declaration informs you about the type, scope and purpose of the
processing of personal data (hereinafter referred to as "data")
within our online offer and the websites, functions and content associated with
it, as well as external online presences, such as our social media profiles
(hereinafter collectively referred to as "online offer"). With regard
to the terms used, such as "processing" or "controller", we
refer to the definitions in Article 4 of the General Data Protection Regulation
(GDPR).
RESPONSIBLE
Thomas Sawer
#SHOTBYTOMEK
Cologne, Germany
Owner: Thomas Sawer
studio@shotbytomek.com
www.shotbytomek.com
TYPES OF DATA PROCESSED:
- Inventory data (e.g., names, addresses).r
- Contact data (e.g., e-mail, telephone numbers).
- Content data (e.g., text input, photographs, videos).
- Usage data (e.g., web pages visited, 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 (hereinafter, we also refer to the data subjects
collectively as "Users").
PURPOSE OF PROCESSING
- Provision of the online offer, its functions and content.
- Responding to contact requests and communicating with users.
- Security measures.
- Reach measurement/marketing.
TERMS USED
"Personal data" means any information relating to an identified or identifiable
natural person (hereinafter "data subject"); an identifiable natural
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. cookie) or to 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 includes virtually any handling of data.
"Pseudonymization" 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 use of
additional information, provided that such additional information is kept separately
and is subject to technical and organizational measures which ensure that the
personal data are not attributed to an identified or identifiable natural
person.
"Profiling" means any automated processing of personal data which consists in using such personal data to evaluate certain personal aspects relating to a natural
person, in particular to analyze or predict aspects relating to that natural
person's performance at work, economic situation, health, personal preferences,
interests, reliability, behaviour, location or change of location.
"Controller" means 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.
"Processor" means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
AUTHORITATIVE LEGAL BASIS
In accordance with Article 13 of the GDPR, we inform you of the legal basis for
our data processing activities. If the legal basis is not mentioned in the
Privacy Policy, the following applies: The legal basis for obtaining consent is
Art. 6(1)(a) and Art. 7 DSGVO, the legal basis for processing to fulfill our
services and carry out contractual measures and respond to inquiries is Art.
6(1)(b) DSGVO, the legal basis for processing to fulfill our legal obligations
is Art. 6(1)(c) DSGVO, and the legal basis for processing to protect our
legitimate interests is Art. 6(1)(f) DSGVO. In the event that vital interests
of the data subject or another natural person make processing of personal data
necessary, Art. 6 (1) lit. d DSGVO serves as the legal basis.
SECURITY MEASURE
We take appropriate technical and organizational measures in accordance with Art. 32
DSGVO, 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 likelihood 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. The measures include, in particular, safeguarding the confidentiality, integrity and
availability of data by controlling physical access to the data, as well as
access to, entry into, disclosure of, assurance of availability of and
segregation of the data. Furthermore, we have established procedures to ensure
the exercise of data subjects' rights, deletion of data, and response to data
compromise. Furthermore, we already take the protection of personal data into
account during the development or selection of hardware, software as well as
procedures, in accordance with the principle of data protection through
technology design and through data protection-friendly default settings (Art.
25 DSGVO).
COOPERATION WITH PROCESSORS AND THIRD PARTIES
If, in the course of our processing, we disclose data to other persons and companies
(order processors or third parties), transmit it to them or otherwise grant
them access to the data, this will only be done on the basis of a legal
permission (e.g. if a transmission of the data to third parties, such as to
payment service providers, is required for the performance of the contract
pursuant to Art. 6 (1) lit. b DSGVO), you 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 commission third parties to process data on the basis of a so-called "order processing agreement", this is done on the basis of Art. 28 DSGVO.
TRANSFERS TO THIRD COUNTRIES
If we process data in a third country (i.e. outside the European Union (EU) or the
European Economic Area (EEA)) or if this is done in the context of using
third-party services or disclosing, or transferring data to third parties, this
is only done if it is done in order to fulfill our (pre)contractual
obligations, on the basis of your consent, due to a legal obligation or on the
basis of our legitimate interests. Subject to legal or contractual permissions,
we process or allow the processing of data in a third country only if the
special requirements of Art. 44 et seq. DSGVO are met. I.e. the processing is
carried out, for example, on the basis of special guarantees, such as the
officially recognized determination of a level of data protection corresponding
to that of the EU (e.g. for the USA by the "Privacy Shield") or
compliance with officially recognized special contractual obligations
(so-called "standard contractual clauses").
RIGHTS OF DATA SUBJECTS
You have the right to request confirmation as to whether data in question is being
processed and to information about this data, as well as further information
and a copy of the data in accordance with Art. 15 DSGVO.
You have according to. Art. 16 DSGVO the right to request the completion of the data
concerning you or the correction of incorrect data concerning you.
You have the right, in accordance with Art. 17 DSGVO, to demand that data concerning you be deleted without delay, or alternatively, in accordance with Art. 18 DSGVO,
to demand restriction of the processing of the data.
You have the right to request that the data concerning you that you have provided to us
be received in accordance with Art. 20 DSGVO and to request that it be
transferred to other data controllers.
You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.
RIGHT OF REVOCATION
You have the right to revoke any consent given in accordance with Art. 7 (3) DSGVO with effect for the future.
RIGHT OF OBJECTION
You may object to the future processing of data concerning you in accordance with Art.
21 DSGVO at any time. The objection can be made in particular against
processing for direct marketing purposes.
COOKIES AND RIGHT OF OBJECTION TO DIRECT ADVERTISING
"Cookies" are small files that are stored on users' computers. 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 within 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. Such a cookie may store, for
example, the contents of a shopping cart in an online store or a login status.
Cookies that remain stored even after the browser is closed are referred to as
"permanent" or "persistent". For example, the login status
can be stored if users visit them after several days. Likewise, the interests
of users can be stored in such a cookie, which is used for range measurement or
marketing purposes. Third-party cookies" are cookies that are offered by
providers other than the responsible party that operates the online offer
(otherwise, if they are only its cookies, they are referred to as
"first-party cookies").
We may use temporary and permanent cookies and provide information about this in our privacy policy.
If users do not want 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.
A general objection to the use of cookies used for online marketing purposes can be
declared for a large number of the services, especially in the case of
tracking, via the U.S. site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/
Furthermore,
the storage of cookies can be achieved by disabling them in the browser
settings. Please note that not all functions of this online offer can then be
used.
DELETION OF DATA
The data processed by us will be deleted or restricted in its processing in accordance
with Articles 17 and 18 DSGVO. Unless expressly stated within the scope of 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 retention obligations. If the data is not
deleted because it is required for other and legally permissible purposes, its
processing will be restricted. I.e. the data is blocked and not processed for
other purposes. This applies, for example, to data that must be retained for
reasons of commercial or tax law.
According to legal requirements in Germany, data is stored for 10 years in accordance
with §§ 147 para. 1 AO, 257 para. 1 nos. 1 and 4, para. 4 HGB (books, records,
management reports, accounting vouchers, commercial books, documents relevant
for taxation, etc.) and 6 years according to § 257 para. 1 nos. 2 and 3, para.
4 HGB (commercial letters).
According to legal requirements in Austria, storage is in particular for 7 years in
accordance with § 132 para. 1 BAO (accounting records, vouchers/invoices,
accounts, receipts, business papers, statement of income and expenditure,
etc.), for 22 years in connection with real estate and for 10 years for
documents in connection with electronically provided services,
telecommunications, radio and television services provided to non-entrepreneurs
in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.
ONLINE PRESENCES IN SOCIAL MEDIA
We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to
inform them about our services there. When calling up the respective networks
and platforms, the terms and conditions and data processing policies of their
respective operators apply.
Unless otherwise stated in our privacy policy, we process the data of users insofar as
they communicate with us within the social networks and platforms, e.g. write
posts on our online presences or send us messages.
INTEGRATION OF SERVICES AND CONTENT OF THIRD PARTIES
We use content or service providers 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 within the meaning of Art. 6 para. 1 lit. f.
DSGVO) to integrate content or services offered by third-party providers, such
as videos or fonts (hereinafter uniformly referred to as "content").
This always requires that the third-party providers of this content are aware of the IP
address of the user, since without the IP address they could not send the
content to their browser. The IP address is thus required for the display of
this content. We endeavor to use only such content whose respective providers
use the IP address only for the delivery of the content. Third-party providers
may also use so-called pixel tags (invisible graphics, also known as "web
beacons") for statistical or marketing purposes. The "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, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be combined
with such information from other sources.
GOOGLE FONTS
We integrate the fonts ("Google Fonts") of the provider Google LLC, 1600
Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
Within our online offer, functions and contents of the service Instagram, offered by
Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA, may be integrated.
This may include, for example, content such as images, videos or texts and
buttons with which users can share content of this online offer within
Instagram. If the users are members of the Instagram platform, Instagram can
assign the call of the above-mentioned content and functions to the profiles of
the users there. Privacy policy of Instagram:
http://instagram.com/about/legal/privacy/.
E-Mail : studio@shotbytomek.com
Instagram : @tomekphotos #shotbytomek
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