Privacy Policy

In the following, we will inform you about the type, scope and purpose of the processing of personal data by our company in accordance with the legal requirements of data protection law (in particular in accordance with BDSG n.F. and the European Data Protection Basic Regulation ‘DS-GVO’). This data protection declaration also applies to our websites and social media profiles. With regard to the definition of terms such as “personal data” or “processing” we refer to Art. 4 DS-GVO.

Name and contact details of the responsible person(s)
Our responsible person(s) (hereinafter “responsible person”) within the meaning of Art. 4 fig. 7 DS-GVO is:

Jerry Maguire
Strandallee 130a
23683 Scharbeutz, DE
Managing Director Töns Haltermann
E-mail address: info@jerry-maguire.com

Types of data, purposes of processing and categories of data subjects

Below we inform you about the type, scope and purpose of the collection, processing and use of personal data.

1. the types of data we process
Usage data (access times, websites visited etc.), inventory data (name, address etc.), contact data (telephone number, e-mail, fax etc.), communication data (IP address etc.),

2. purposes of processing pursuant to Art. 13 para. 1 c) DS-GVO
Technical and economic optimisation of the website, enabling easy access to the website, fulfilment of legal retention obligations, optimisation and statistical evaluation of our services, improving the user experience, making the website user-friendly, compiling statistics, preventing SPAM and abuse, customer service and customer care, handling contact requests, providing websites with functions and content, security measures, uninterrupted, secure operation of our website,

3. categories of data subjects pursuant to Art. 13 para. 1 e) DS-GVO
Visitor/user of the website,

The data subjects are collectively referred to as “users”.

Legal basis for the processing of personal data

In the following we inform you about the legal basis of the processing of personal data:

1. If we have obtained your consent for the processing of personal data, Art. 6 Para. 1 S. 1 lit. a) DS-GVO is the legal basis.
2. If the processing is necessary for the fulfilment of a contract or for the implementation of pre-contractual measures, which take place at your request, Art. 6 Para. 1 S. 1 lit. b) DS-GVO is the legal basis.
3. If the processing is necessary to fulfil a legal obligation to which we are subject (e.g. legal storage obligations), Art. 6 para. 1 sentence 1 lit. c) DS-GVO is the legal basis.
4. If the processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 para. 1 sentence 1 lit. d) DS-GVO is the legal basis.
5. If processing is necessary to safeguard our interests or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not prevail in this respect, Art. 6 para. 1 sentence 1 lit. f) DS-GVO is the legal basis.

Disclosure of personal data to third parties and contract processors

Without your consent we do not pass on any data to third parties. Should this nevertheless be the case, then the passing on takes place on the basis of the aforementioned legal bases, e.g. with the passing on of data to on-line payment offerers for the fulfilment of contract or due to judicial arrangement or due to a legal obligation to the publication of the data for the purpose of the criminal prosecution, to the danger defence or to the penetration of the rights at the mental property.
We also use contract processors (external service providers, e.g. for the web hosting of our websites and databases) to process your data. If data is passed on to contract processors within the framework of an agreement on order processing, this is always done in accordance with Art. 28 DS-GVO. We select our contract processors carefully, check them regularly and have been granted the right to issue instructions with regard to the data. In addition, the contract processors must have taken appropriate technical and organisational measures and comply with the data protection regulations according to BDSG n.F. and DS-GVO.

 

Transfer of data to third countries

The adoption of the European Data Protection Basic Regulation (DS-GVO) created a uniform basis for data protection in Europe. Your data will therefore mainly be processed by companies for which the DS-GVO applies. Should processing by third parties take place outside the European Union or the European Economic Area, they must comply with the special requirements of Art. 44 et seq. of the Data Protection Act. DS-GVO. This means that the processing takes place on the basis of special guarantees, such as the official recognition by the EU Commission of a data protection level corresponding to the EU or the observance of officially recognised special contractual obligations, the so-called “standard contractual clauses”. For US companies, submission to the so-called “Privacy Shield”, the data protection agreement between the EU and the USA, fulfils these requirements.

 

Deletion of data and storage duration

Unless otherwise expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as the purpose for which it was stored no longer applies, unless its further storage is necessary for the purposes of proof or statutory storage obligations stand in the way of this. This includes, for example, obligations under commercial law to retain business letters in accordance with § 257 (1) HGB (6 years) as well as obligations under tax law to retain documents in accordance with § 147 (1) AO (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless storage is still necessary for the conclusion of a contract or for the fulfilment of the contract.

Existence of an automated decision making process

We do not use automatic decision making or profiling.

Provision of our website and creation of log files

  1. If you only use our website for information purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data:
    – IP address;
    – Internet service provider of the user;
    – Date and time of access;
    – Browser type;
    – Language and browser version;
    – Content of the retrieval;
    – Time zone;
    – Access status/HTTP status code;
    – Volume of data;
    – Websites from which the request comes;
    – Operating system.
    This information will not be stored with any other personally identifiable information about you.
  2. These data serve the purpose of the user-friendly, functional and safe delivery of our website to you with functions and contents as well as their optimization and statistical evaluation.
  3. The legal basis for this is our legitimate interest in data processing pursuant to Art. 6 Para. 1 S.1 lit. f) DS-GVO, which also lies in the above purposes.
  4. For security reasons, we store this data in server log files for a period of 70 days. After this period, the data will be automatically deleted, unless we need to keep it for evidence purposes in case of attacks on the server infrastructure or other legal violations.

Cookies

  1. We use so-called cookies when you visit our website. Cookies are small text files that your Internet browser stores on your computer. When you call up our website again, these cookies provide information to automatically recognise you. The information obtained in this way serves the purpose of technically and economically optimising our web offers and enabling you to access our website more easily and securely. When you access our website, we will inform you about the use of cookies for the aforementioned purposes and how you can object to them or prevent their storage (“opt-out”) by means of a reference to our data protection declaration. Our website uses session cookies, persistent cookies and cookies from third parties:- Session cookies: We use so-called cookies to recognize multiple use of an offer by the same user (e.g. if you have logged in to determine your login status). When you return to our site, these cookies provide information to automatically recognize you. The information obtained in this way is used to optimise our offers and make it easier for you to access our site. When you close your browser or log out, the session cookies are deleted – Persistent cookies: These are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.- Cookies from third party providers (third party cookies): You can configure your browser settings according to your wishes and, for example, reject the acceptance of third party cookies or all cookies. However, we would like to point out at this point that you may not be able to use all the functions of this website. You can read more about these cookies in the respective privacy statements of the third party providers.
  2. The legal basis for this processing is Art. 6 Para. 1 S. lit. b) DS-GVO, if the cookies are set to initiate the contract, e.g. for orders, and otherwise we have a legitimate interest in the effective functionality of the website, so that in this case Art. 6 Para. 1 S. 1 lit. f) DS-GVO is the legal basis.
  3. Objection and “Opt-Out”: You can generally prevent cookies from being saved on your hard drive by selecting “do not accept cookies” in your browser settings. However, this can result in a functional limitation of our offers. You can object to the use of third-party cookies for advertising purposes by opting out of this American website (https://optout.aboutads.info) or this European website (http://www.youronlinechoices.com/de/praferenzmanagement/).

Google Analytics

  1. We have integrated the website analysis tool “Google Analytics” (Google Ireland Limited, Register No.: 368047, Gordon House, Barrow Street, Dublin 4, Ireland) on our website.
  2. When you visit our website, Google places a cookie on your computer in order to analyse your use of our website. The data obtained is transferred to the USA and stored there. If personal data is transferred to the USA, Google’s certification in accordance with the Privacy Shield Agreement (https://www.privacyshield.gov/EU-US-Framework) guarantees that the European data protection law is complied with.
  3. We have activated the IP anonymization “anonymizeIP”, whereby the IP addresses are further processed only shortened. On this website your IP address will therefore be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to and truncated by Google on servers in the United States. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, compile reports on website activity and provide other services relating to website activity and internet usage for the person responsible. In addition, we have activated the cross-device analysis of website visitors, which is carried out via a so-called user ID. The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google. The use of Google Analytics serves the purpose of analysing, optimising and improving our website.
  4. The legal basis for this is our legitimate interest in data processing pursuant to Art. 6 Para. 1 S.1 lit. f) DS-GVO, which also lies in the above purposes.
  5. The data sent by us and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 14 months. Data whose retention period has been reached is automatically deleted once a month.
  6. For more information about Google Analytics data usage, please visit: https://www.google.com/analytics/terms/de.html (Analytics Terms of Use), https://www.google.com/analytics/terms/de.html=en (Analytics Privacy Statement) and Google’s Privacy Statement https://support.google.com/analytics/answer/6004245?hl=de
  7. Objection and “Opt-Out”: You can generally prevent cookies from being saved on your hard drive by selecting “do not accept cookies” in your browser settings. However, this can result in a functional limitation of our offers. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website and Google from processing this data by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de=en
  8. As an alternative to the browser plugin above, you can prevent Google Analytics from capturing data by clicking [__here please__insert the Analytics Opt-Out link of your website]. The click sets an “opt-out” cookie that prevents your data from being collected when you visit this website in the future. This cookie is only valid for our website and your current browser and will only last until you delete your cookies. In this case you would have to set the cookie again.
  9. You can deactivate the cross-device user analysis in your Google account under “My data > personal data”.

YouTube-Videos

  1. We have integrated YouTube videos from youtube.com on our website using the embedded function, so that they can be accessed directly on our website. YouTube belongs to Google Ireland Limited, Register No: 368047, Gordon House, Barrow Street, Dublin 4, Ireland. We have integrated the videos in the so-called “extended data protection mode” without using cookies to record the usage behaviour in order to personalise the video playback. Instead, the video recommendations are based on the video currently playing. Videos played in an embedded player in advanced privacy mode will not affect which videos you are recommended to watch on YouTube, and when you start a video (click on the video) YouTube will be notified that you have accessed the appropriate page on our website. The data obtained will be transferred to the USA and stored there. This is also done without a Google user account. If you are logged into your Google account, Google can assign the above data to your account. If you do not wish this, you must log out of your Google account. Google creates user profiles from such data and uses these data for the purpose of advertising, market research or optimisation of its websites.
  2. The legal basis for this is our legitimate interest in data processing pursuant to Art. 6 Para. 1 S.1 lit. f) DS-GVO, which also lies in the above purposes..
  3. You have the right to object to the creation of user profiles by Google. For this reason, please contact Google directly via the data protection declaration mentioned below. An opt-out objection regarding the advertising cookies can be made here in your Google account:
    https://adssettings.google.com/authenticated
  4. Please refer to YouTube’s Terms of Use at https://www.youtube.com/t/terms and Google’s Advertising Privacy Statement at https://policies.google.com/technologies/ads for more information about Google’s use of cookies and advertising technologies, retention periods, anonymization, location information, how they work, and your rights. Google’s general privacy policy: https://policies.google.com/privacy
  5. Google is certified under the EU-US Privacy Shield (https://www.privacyshield.gov/EU-US-Framework) and is therefore required to comply with European data protection laws.

Presence in social media

  1. We maintain profiles or fan pages in social media in order to communicate with the users who are connected and registered there and to inform them about our products, offers and services. The US providers are certified according to the so-called Privacy Shield and are therefore obliged to comply with European data protection laws. When you use and call up our profile in the respective network, the respective data protection notices and terms of use of the respective network apply.
  2. We process the data that you send to us via these networks in order to communicate with you and respond to your messages there.
  3. The legal basis for the processing of personal data is our justified interest in communication with users and our external presentation for the purpose of advertising in accordance with Art. 6 Para. 1 S. 1 lit. f) DS-GVO. If you have given the person responsible for the social network permission to process your personal data, the legal basis is Art. 6 Para. 1 S. 1 lit. a) and Art. 7 DS-GVO.
  4. The privacy notices, information and opt-out options of the respective networks can be found here:- Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) Privacy Policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.-=ads and http://www.youronlinechoices.com, Privacy Shield: http://www.youronlinechoices.com=a2zt0000000GnywAAC&status=Active.- Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Statement / Opt-Out: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active- Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy Statement: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active=a2zt0000000TORzAAO&status=Active.

Social-Media-Plug-ins

  1. We use social media plug-ins from social networks on our website. We use the so-called “two-click solution” Shariff from c’t or heise.de. When our website is accessed, no personal data is transmitted to the providers of the plug-ins. In addition to the logo or brand of the social network, you will find a controller with which you can activate the plug-in with a click. After activation, the social network provider receives information that you have accessed our website and that your personal data has been transferred to the plug-in provider and stored there. These are so-called Thirdparty Cookies. With some providers, such as Facebook and XING, your IP address is anonymized immediately after it is collected.
  2. The data collected about the user is stored by the plug-in provider as user profiles. These are used for purposes of advertising, market research and/or needs-based design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) to display demand-oriented advertising and to inform other users of the social network about the activities of the user on our website. The user has the right to object to the creation of these user profiles, whereby the respective plug-in provider must be contacted in order to exercise this right.
  3. The legal basis for the use of the plug-ins is our legitimate interest in improving and optimizing our website by increasing our awareness through social networks and the possibility of interaction with you and the users among each other via social networks in accordance with Art. 6 Para. 1 S.1 lit. f) DS-GVO.
  4. We have no influence on the collected data and data processing procedures. We also have no knowledge of the scope of data collection, the purpose of processing and the storage periods. We also have no information on the deletion of the data collected by the plug-in provider.
  5. With regard to the purpose and scope of data collection and processing, we refer to the respective data protection declarations of the social networks. You will also find information on your rights and setting options to protect your personal data.

Facebook

  1. WOn our website we have integrated plug-ins from the social network Facebook.com (company headquarters in the EU: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) as part of Shariff’s so-called “two-click solution”, which you can recognise by the Facebook logo “f” or the suffix “Like”, “Like” or “Share”.
  2. When you intentionally activate the Facebook plug-in, your browser connects to Facebook’s servers. Facebook receives the information, including your IP address, that you have visited our website and transmits this information to Facebook servers in the United States, where this information is stored. If you are logged into your Facebook account, Facebook may associate this information with your account. When using the functions of the plug-in, e.g. pressing the “Like” button, this information is also transferred from your browser to the Facebook servers in the USA, where it is stored and displayed in your Facebook profile and, if applicable, with your friends.
  3. The purpose and scope of the data collection as well as its further processing and use by Facebook as well as your rights in this regard and setting options to protect your privacy can be found in Facebook’s data protection information: https://www.facebook.com/about/privacy/ Data collection with the “Like” button: https://www.facebook.com/help/186325668085084 You can manage and object to your settings regarding the use of your profile data for advertising purposes on Facebook here: https://www.facebook.com/help/186325668085084
  4. If you log out of Facebook before visiting our website and delete your cookies, no data about your visit to our website will be assigned to your profile on Facebook when the plug-in is activated.
  5. You can also prevent the loading of the Facebook Plug-In by so-called “Facebook Blocker”, which you can install as an add-on for your browser: Facebook Blocker for Firefox, Chrome and Opera or 1blocker for Safari, iPad and iPhone.
  6. Facebook has submitted to the Privacy Shield to ensure compliance with European data protection law: https://www.privacyshield.gov/EU-US-Framework

Twitter

1. On our website, we have integrated plug-ins from the social network Twitter.com (Twitter Inc., 1355 Market St., Suite 900, San Francisco, California 94103, USA) as part of Shariff’s so-called “two-click solution”. You can recognize these plug-ins by the Twitter logo with a white bird on a blue background.

2. An overview of Twitter buttons and tweets can be found at: https://developer.twitter.com/en/docs/twitter-for-websites/overview
If you are logged into your Twitter account while activating the Twitter plug-ins, Twitter can assign the call from our website to your Twitter profile. We do not know what data is transmitted to Twitter.
3. If you wish to exclude the transmission of data to Twitter when activating the plug-in, log out of Twitter before visiting our website and delete your cookies.
4. You can find the purpose and scope of the data collection and its further processing and use by Twitter as well as your rights and settings in this regard to protect your privacy in Twitter’s data protection information: https://twitter.com/de/privacy Objection (Opt-Out): https://twitter.com/personalization
Twitter has submitted to the Privacy Shield and thus ensures that European data protection law is observed: https://www.privacyshield.gov/EU-US-Framework

Instagram

  1. On our website we have integrated plug-ins from social network Instagram (Instagram LLC., 1601 Willow Road, Menlo Park, CA, 94025, USA) as part of Shariff’s so-called “two-click solution”. You can recognize this by the Instagram logo in the form of a square camera.
  2. If you intentionally activate the plug-in, it will connect your browser to Instagram’s servers. Instagram receives the information, including your IP address, that you have visited our site and transmits the information to Instagram’s servers in the United States, where the information is stored. If you are logged into your Instagram account at Instagram, Instagram can associate this information with your account and you can click the Instagram button to share and store the contents of our pages on your Instagram account and, if applicable, display them to your friends there. We have no knowledge of the exact content of the transmitted data, its use and storage duration by Instagram.
  3. If you log out of Instagram before visiting our website and delete your cookies, when you activate the plug-in no data about your visit to our website will be assigned to your profile on Instagram.
  4. You can find more information in Instagram’s privacy statement at https://help.instagram.com/519522125107875 and about privacy settings at: https://help.instagram.com/196883487377501

Rights of the data subject

  1. Objection or revocation against the processing of your dataInsofar as the processing is based on your consent pursuant to Art. 6 Para. 1 S. 1 lit. a), Art. 7 DS-GVO, you have the right to revoke the consent at any time. If we base the processing of your personal data on the weighing of interests pursuant to Art. 6 Para. 1 S. 1 lit. f) DS-GVO, you may object to the processing. This is the case if the processing is in particular not necessary for the fulfilment of a contract with you, which is described by us in the following description of the functions. In the event of such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the facts and either discontinue or adapt data processing or point out our compelling reasons worthy of protection on the basis of which we continue processing. You can object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise your right of objection free of charge. You can inform us about your advertising objection under the following contact data:
    Jerry Maguire
    Strandallee 130a
    23683 Scharbeutz, DE
    Managing Director Töns Haltermann
    Commercial Register/No.: HRxxxxx
    Register court: HR Lübeck
    E-mail address: info@jerry-maguire.com
  2. Right of access
    You have the right to request confirmation from us as to whether personal data concerning you will be processed. If this is the case, you have the right to information about your personal data stored by us in accordance with Art. 15 DS-GVO. This includes in particular information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data, unless it has been collected directly from you.
  3. Right to rectification
    You have the right to have incorrect data corrected or correct data completed in accordance with Art. 16 DS-GVO.
  4. Right to deletion
    You have a right to deletion of your data stored with us according to Art. 17 DS-GVO, unless legal or contractual retention periods or other legal obligations or rights to further storage oppose this.
  5. Right to restriction
    You have the right to demand a restriction on the processing of your personal data if one of the conditions in Art. 18 para. 1 lit. a) to d) DS-GVO is fulfilled:
    – If you dispute the accuracy of the personal data concerning you for a period of time that allows the controller to verify the accuracy of the personal data;- the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;- the controller no longer needs the personal data for the purposes of the processing, but you need it for the assertion, exercise or defence of legal claims, or- if you have lodged an objection against the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the controller outweigh your reasons for doing so and whether the legitimate reasons of the controller outweigh your reasons for doing so.
  6. Right to data transferability
    You have a right to data transfer in accordance with Art. 20 DS-GVO, which means that you can receive the personal data we store about you in a structured, common and machine-readable format or request that it be transferred to another responsible person.
  7. Right of appeal
    You have the right to appeal to a regulatory agency. As a general rule, you can lodge a complaint with the supervisory authority, in particular in the Member State in which you are staying, at your place of work or at the place where the alleged infringement was committed.

Data security

In order to protect all personal data transmitted to us and to ensure that we and our external service providers comply with data protection regulations, we have taken appropriate technical and organisational security measures. This is why all data between your browser and our server is encrypted using a secure SSL connection.

 

Stand: 16.07.2019

Quelle: Muster-Datenschutzerklärung von JuraForum.de

Translation: DeepL