data privacy policy

data privacy policy

GERMAN VERSION

We are very pleased about your interest in our company. Data protection is of particular importance to the management of the publisher of this website: Jana Kollbach. The use of Jana Kollbach’s website is generally possible without providing any personal data. However, if a person wishes to use specific services of our company via our website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, we generally obtain consent from the person concerned.

The processing of personal data, such as the name, address, email address, or telephone number of a person concerned, is always carried out in accordance with the General Data Protection Regulation (GDPR) and in compliance with the country-specific data protection regulations applicable to Jana Kollbach. Through this privacy policy, we aim to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Additionally, individuals are informed about their rights under this privacy policy.

Jana Kollbach, as the controller responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection of the personal data processed through this website. Nevertheless, internet-based data transmissions can, in principle, have security gaps, so absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.

1. Definitions

The privacy policy of Jana Kollbach is based on the terminology used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to first explain the terms used.

We use the following terms in this privacy policy:

  1. Personal Data

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “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, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

  1. Data Subject

Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

  1. Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

  1. Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  1. Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

    6) Pseudonymization

    Pseudonymization is 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 to ensure that the personal data are not attributed to an identified or identifiable natural person.

    7) Controller or Controller Responsible for Processing

    Controller or controller responsible for processing 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 determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

    8) Processor

    Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

    9) Recipient

    Recipient is a natural or legal person, public authority, agency, or another body, to whom personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

    10) Third Party

    Third party is a natural or legal person, public authority, agency, or other body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

    11) Consent

    Consent is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

    2. Name and Address of the Controller Responsible for Processing

    The controller, as defined by the General Data Protection Regulation (GDPR), other data protection laws applicable in the member states of the European Union, and other provisions related to data protection, is:

    Publisher: Jana Kollbach
    Address: Hopfenweg 17, 47638 Straelen
    Phone: +49 176 611 024 80
    Email: janakollbach@icloud.com
    Website: www.janakollbach.com

    3. Cookies

    The websites of Jana Kollbach use cookies. Cookies are text files that are stored on a computer system via an Internet browser.

    Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

    Through the use of cookies, Jana Kollbach can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

    By means of a cookie, the information and offers on our website can be optimized with the user in mind. As mentioned before, cookies allow us to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website, as this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items a customer has placed in the virtual shopping cart via a cookie.

    When accessing our website, users are informed about the use of cookies for analysis purposes, and their consent to the processing of personal data in this context is obtained. In this connection, reference is also made to this privacy policy.

    The legal basis for processing personal data using technically necessary cookies is Art. 6 (1) lit. f GDPR.

    The data subject can prevent the setting of cookies through our website at any time by adjusting the settings of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

    4. Collection of General Data and Information

    The website of Jana Kollbach collects a series of general data and information when a data subject or an automated system accesses the website. This general data and information are stored in the server log files. The data that can be collected includes (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites that are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

    When using this general data and information, Jana Kollbach does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertising, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyberattack. Therefore, Jana Kollbach analyzes anonymously collected data and information statistically, with the aim of increasing data protection and data security in our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

    In addition, the following personal data is collected, provided explicit consent from the user and in compliance with applicable data protection regulations:

    – First and last names of users
    – Email addresses of users
    – Information about the user’s location (such as postal codes, etc.)

    The processing of personal data is carried out based on our legitimate interest in fulfilling our contractual obligations and optimizing our online offering.

    You can visit this website without providing any personal information. To improve our online offerings, however, we store (without personal reference) your access data to this website. This access data includes, for example, the file you requested or the name of your Internet provider. Due to the anonymization of the data, conclusions about your identity are not possible. This does not apply to IP addresses or other data that enable the association of data with a user. This data is not stored together with other personal data of the user.

    5. SSL Encryption

    To protect the security of your data during transmission, we use state-of-the-art encryption methods (such as SSL) via HTTPS.

    6. Subscription to Our Newsletter

    On the website of Jana Kollbach, users are given the opportunity to subscribe to the newsletter of our company. The input form used for this purpose will determine which personal data is transmitted to the controller responsible for processing when ordering the newsletter.

    Jana Kollbach regularly informs its customers and business partners about the company’s offers through a newsletter. The newsletter of our company can generally only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter mailing. For legal reasons, a confirmation email in the double opt-in procedure will be sent to the email address first registered for the newsletter mailing by the data subject. This confirmation email is used to verify whether the owner of the email address as the data subject has authorized the receipt of the newsletter.

    When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary to understand the (potential) misuse of the email address of a data subject at a later date and serves the legal protection of the controller responsible for processing.

    The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. Furthermore, subscribers to the newsletter may be informed by email, provided this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in technical circumstances. There will be no transfer of the personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given us for the newsletter mailing, may be revoked at any time. For the purpose of revoking consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller responsible for processing or to communicate this to the controller in another way.

    Parts of our newsletters may contain advertising material.

    7. Newsletter Tracking

    The newsletters of Jana Kollbach contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in emails sent in HTML format to allow log file recording and log file analysis. This allows for a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, Jana Kollbach may see if and when an email was opened by a data subject and which links in the email were clicked by the data subject.

    Such personal data collected through the tracking pixels contained in the newsletters will be stored and analyzed by the controller responsible for processing to optimize the newsletter mailing and to better tailor the content of future newsletters to the interests of the data subject. These personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the separate declaration of consent given via the double opt-in procedure. After a revocation, these personal data will be deleted by the controller responsible for processing. Jana Kollbach automatically regards a withdrawal from the receipt of the newsletter as a revocation.

    8. Contact Option via the Website

    The website of Jana Kollbach contains information that enables a quick electronic contact to our company, as well as direct communication with us, which also includes a general address of the so-called electronic mail (email address). If a data subject contacts the controller responsible for processing by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller responsible for processing are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

    9. Routine Deletion and Blocking of Personal Data

    The controller responsible for processing processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller responsible for processing is subject.

    If the storage purpose is not applicable or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or deleted in accordance with legal requirements.

    10. Rights of the Data Subject

    1. Right to Confirmation

    Every data subject has the right, granted by the European legislator, to obtain from the controller confirmation as to whether personal data concerning them are being processed. If a data subject wishes to exercise this right of confirmation, they may, at any time, contact an employee of the controller.

    1. Right of Access

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about their personal data stored at any time and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

    • the purposes of the processing
    • the categories of personal data concerned
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular, recipients in third countries or international organizations
    • if possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
    • the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning the data subject, or to object to such processing
    • the right to lodge a complaint with a supervisory authority
    • where the personal data are not collected from the data subject, any available information as to their source
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject

    Moreover, the data subject has the right to know whether personal data is transferred to a third country or an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, they may, at any time, contact an employee of the controller.

    1. Right to Rectification

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a data subject wishes to exercise this right to rectification, they may, at any time, contact an employee of the controller.

    1. Right to Erasure (Right to be Forgotten)

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning them without undue delay, where one of the following grounds applies, as long as the processing is not necessary:

    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent to which the processing is based according to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.

    If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by Jana Kollbach, they may, at any time, contact an employee of the controller. An employee of Jana Kollbach shall promptly ensure that the erasure request is complied with immediately.

    Where Jana Kollbach has made the personal data public and is obliged pursuant to Article 17(1) GDPR to erase the personal data, Jana Kollbach, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. The employees of Jana Kollbach will arrange the necessary measures in individual cases.

    5) Right to Restriction of Processing

    Every data subject has the right, granted by the European legislator, to obtain from the controller the restriction of processing where one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of personal data stored by Jana Kollbach, they may contact an employee of the controller at any time. The employee of Jana Kollbach will arrange the restriction of processing.

    6) Right to Data Portability

    Every data subject has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. Furthermore, in exercising their right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and as long as this does not adversely affect the rights and freedoms of others. To assert the right to data portability, the data subject may contact an employee of Jana Kollbach at any time.

    7) Right to Object

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, at any time, to the processing of personal data concerning them, which is based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions. Jana Kollbach will no longer process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.

    If Jana Kollbach processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Jana Kollbach’s processing for direct marketing purposes, Jana Kollbach will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them, which is carried out by Jana Kollbach for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

    To exercise the right to object, the data subject may contact any employee of Jana Kollbach or another employee directly. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.

    8) Automated individual decisions, including profiling

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing — including profiling — which produces legal effects concerning them or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is based on the data subject’s explicit consent, Jana Kollbach will implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision. If the data subject wishes to exercise rights concerning automated individual decision-making, they may contact an employee of the controller at any time.

    9) Right to withdraw data protection consent

    Every data subject affected by the processing of personal data has the right, granted by the European legislator, to withdraw their consent to the processing of personal data at any time. If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.

    11. Social Media Plug-ins

    Our websites use social plugins from the providers listed below. You can recognize the plugins by the respective logo.

    Through these plugins, information, which may include personal data, might be transmitted to the service provider and potentially used by them. We prevent the unintentional and unwanted collection and transmission of data to the service provider through a 2-click solution. To activate a desired social plugin, the user must first click on the corresponding button. Only after activation will data be collected and transmitted to the service provider. We do not collect personal data through the use of social plugins ourselves.

    We have no control over what data an activated plugin collects and how it is used by the provider. Currently, it must be assumed that at least the IP address and device-related information is collected and used. There is also the possibility that service providers attempt to store cookies on the device being used. For more information about the specific data collected and how it is used, please refer to the privacy policies of the respective service providers. Note: If you are simultaneously logged into Facebook, Facebook can identify you as a visitor to a particular page.

    We have integrated the following social media buttons on our website:

    12. Payment Method

    1. Paypal: The data controller has integrated components of PayPal on this website. PayPal is an online payment service provider. Payments are processed via PayPal accounts, which represent virtual private or business accounts. Additionally, PayPal offers the possibility to process virtual payments via credit cards if the user does not have a PayPal account. A PayPal account is managed via an email address, which means there is no traditional account number. PayPal enables online payments to third parties or the receipt of payments. PayPal also assumes trustee functions and offers buyer protection services.

    The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

    If the data subject selects “PayPal” as the payment option during the ordering process in our online shop, data of the data subject will be automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data necessary for the payment process.

    The personal data transmitted to PayPal usually includes the first name, last name, address, email address, IP address, phone number, mobile number, or other data necessary for the payment process. The transmission of the data is intended to process the payment and prevent fraud. The controller will transfer personal data to PayPal, particularly if there is a legitimate interest in the transmission. The personal data exchanged between PayPal and the controller may be transmitted by PayPal to credit agencies. This transmission aims to verify identity and creditworthiness.

    PayPal may share the personal data with affiliated companies and service providers or subcontractors, to the extent necessary to fulfill contractual obligations or process the data on behalf of PayPal.

    The data subject has the possibility to revoke consent for the handling of personal data at any time with PayPal. However, revocation does not affect personal data that must be processed, used, or transmitted for contractual payment processing.

    The applicable PayPal data protection provisions can be accessed at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

    13. Legal Basis for Processing

    Article 6(1)(a) GDPR serves as the legal basis for our company’s processing operations in which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations required for the delivery of goods or the provision of any other service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example, in the case of inquiries regarding our products or services. If our company is subject to a legal obligation by which the processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data, or other vital information had to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Article 6(1)(d) GDPR. Ultimately, processing operations could be based on Article 6(1)(f) GDPR. This legal basis is used for processing operations not covered by any of the above legal grounds if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, provided those interests are not overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

    14. Legitimate Interests in Processing

    Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business in favor of the well-being of all our employees and shareholders.

    15. Period for which the personal data will be stored

    The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

    16. Legal or contractual requirements for providing personal data; necessity for the conclusion of a contract; obligation of the data subject to provide personal data; possible consequences of failure to provide such data

    We clarify that the provision of personal data is partially required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary for a data subject to provide us with personal data, which must subsequently be processed by us to conclude a contract. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. The non-provision of personal data would result in the contract not being able to be concluded with the data subject. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and the consequences of the non-provision of the personal data.

    17. Amendments to the Data Protection Policy

    We reserve the right to amend this privacy policy to ensure that it always complies with the current legal requirements or to implement changes to our services in the privacy policy, e.g., when introducing new services. Your subsequent visits will then be subject to the new privacy policy.

    18. Existence of automated decision-making

    As a responsible company, we refrain from automatic decision-making or profiling.

     

     

    Cookie Consent with Real Cookie Banner