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Privacy Policy

Status: July 25, 2023

Contents overview

Responsible

González, Arnaldo
21109 Hamburg

Email address:

info@arnaldogonzalezvisual.com

Imprint:

https://arnaldogonzalezvisual.com/impresum.html

Relevant legal bases

Relevant legal bases according to the GDPR: The following is an overview of the legal bases of the GDPR on the basis of which we process personal data. Please note that, in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. If more specific legal bases are relevant in individual cases, we will inform you of them in the data protection declaration.

  • Consent (Art. 6 Para. 1 S. 1 lit. a) GDPR) - The data subject has given their consent to the processing of their personal data for a specific purpose or several specific purposes.
  • Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR) - The processing is necessary to safeguard the legitimate interests of the person responsible or a third party, provided that the interests or fundamental rights and freedoms of the affected person who require the protection of personal data prevail.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national data protection regulations apply in Germany. This includes in particular the law on the protection against misuse of personal data in data processing (Federal Data Protection Act - BDSG). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision-making in individual cases including profiling. Furthermore, state data protection laws of the individual federal states may apply.

Note on the validity of the GDPR and Swiss DSG: These data protection notices serve to provide information in accordance with the Swiss Federal Data Protection Act (Swiss DSG) and the General Data Protection Regulation (GDPR). For this reason, we ask you to note that due to the broader spatial application and comprehensibility, the terms of the GDPR are used. In particular, instead of the terms "processing" of "personal data", "overriding interest" and "particularly sensitive personal data" used in the Swiss Data Protection Act, the terms "processing" of "personal data" as well as "legitimate interest" and "special categories of data" used in the GDPR are used. However, the legal meaning of the terms will continue to be determined according to the Swiss DSG within the scope of the validity of the Swiss DSG.

Overview of processing

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

  • Contact data.
  • Content data.
  • Usage data.
  • Meta, communication and procedural data.

Categories of data subjects

  • Users.

Purposes of processing

  • Contact requests and communication.
  • Feedback.
  • Marketing.
  • Provision of our online offer and user-friendliness.

Security measures

We take the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of the processing as well as the appropriate technical and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical and electronic access to the data as well as access, input, disclosure, securing availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, the deletion of data and reactions to data threats. Furthermore, we already take the protection of personal data into account when developing or selecting hardware, software and processes in accordance with the principle of data protection, through technology design and through data protection-friendly default settings.

Transmission of personal data

As part of our processing of personal data, it may happen that the data is transmitted to other bodies, companies, legally independent organizational units or persons or that it is disclosed to them. The recipients of this data can include, for example, service providers commissioned with IT tasks or providers of services and content that are integrated into a website. In such cases, we observe the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.

Transferencias internacionales de datos

Data processing in third countries: If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing is carried out within the framework of the use of third-party services or the disclosure or transmission of data to other persons, bodies or companies, this is only carried out in accordance with the legal requirements.

Subject to express consent or contractually or legally required transmission (see Art. 49 GDPR), we only process or leave data in third countries with a recognized level of data protection (Art. 45 GDPR), if contractual obligations exist and are fulfilled through the so-called standard protection clauses of the EU Commission (Art. 46 GDPR) or if there are binding internal data protection certifications or standards (see Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/ law-topic/data-protection/international-dimension-data-protection_en) .

Use of cookies

Cookies are small text files or other memory notes that store information on end devices and read information from the end devices. For example, to save the login status in a user account, the content of a shopping cart in an e-shop, the content accessed or the functions used in an online offer. Cookies can also be used for various purposes, e.g. for the purpose of functionality, security and comfort of online offers as well as the creation of analyzes of visitor flows.

Notes on consent: We use cookies in accordance with legal regulations. Therefore, we obtain prior consent from users, except where not required by law. In particular, consent is not necessary if the storage and reading of the information, including cookies, is absolutely necessary in order to provide the users with a telemedia service (i.e. our online offer) that they have expressly requested. Strictly necessary cookies usually include cookies with functions that serve to display and run the online offering, load balancing, security, saving user preferences and choices, or similar purposes related to providing the main and ancillary functions of the online offering requested by users. The revocable consent is clearly communicated to the users and contains information on the respective use of cookies.

Notes on the legal basis under data protection law: The legal basis under data protection law on which we process the personal data of users with the help of cookies depends on whether we ask users for their consent. If the users consent, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed using cookies will be processed on the basis of our legitimate interests (e.g. in the commercial operation of our online offer and improving its usability) or, if this is done in the context of fulfilling our contractual obligations, if the use of cookies is necessary to fulfill our contractual obligations. We will explain the purposes for which we process cookies in the course of this data protection declaration or as part of our consent and processing processes.

Storage period: With regard to the storage period, a distinction is made between the following types of cookies:

  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online service and closed his end device (e.g. browser or mobile application).
  • Permanent cookies: Permanent cookies also remain saved when the end device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the user data collected with the help of cookies can be used to measure reach. If we do not provide users with explicit information on the type and storage period of cookies (e.g. when obtaining consent), users should assume that cookies are permanent and that the storage period can be up to two years.

General information on revocation and objection (so-called "opt-out"): Users can revoke the consent they have given at any time and object to the processing in accordance with the legal requirements. For this purpose, users can, among other things, restrict the use of cookies in their browser settings (which can also limit the functionality of our online offer). You can also object to the use of cookies for online marketing purposes via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.

  • Legal basis: Legitimate interests (Article 6 (1) sentence 1 lit. f) GDPR); Consent (Art. 6 Para. 1 S. 1 lit. a) GDPR).

Further information on processing procedures, procedures and services:

  • Processing of cookie data on the basis of consent: We use a procedure for cookie consent management, in the context of which the users consent to the use of cookies or the processing mentioned in the context of the cookie consent management procedure s and providers can be obtained and managed and revoked by the users. The declaration of consent is stored here so that the query does not have to be repeated and to be able to prove the consent in accordance with the legal obligation. The storage can take place on the server side and/or in a cookie (so-called opt-in cookie, or with the help of comparable technologies) in order to be able to assign the consent to a user or his device. Subject to individual information about the providers of cookie management services, the following information applies: The duration of the storage of the consent can be up to two years. A pseudonymous user identifier is created and stored with the time of the consent, information on the scope of the consent (e.g. which categories of cookies and/or service providers) and the browser, system and end device used; Legal basis: Consent (Art. 6 Para. 1 S. 1 lit. a) DSGVO).

Presence in social networks (social media)

We maintain online presences within social networks and process user data in this context in order to communicate with the users active there or to offer information about us.

We would like to point out that user data may be processed outside of the European Union. This can result in risks for users, for example because it could make it more difficult to enforce user rights.

Furthermore, the data of the NuUsually processed within social networks for market research and advertising purposes. For example, user profiles can be created based on usage behavior and the resulting interests of users. The usage profiles can in turn be used, for example, to place advertisements inside and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and the interests of the users are stored. Furthermore, data can also be stored in the usage profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the possibility of objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks.

Also in the case of requests for information and the assertion of data subject rights, we would like to point out that these can most effectively be asserted with the providers. Only the providers have access to the data of the users and can take appropriate measures and provide information directly. If you still need help, you can contact us.

  • Types of data processed: contact details (e.g. e-mail, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta, communication and procedural data (e.g. IP addresses, time information, identification numbers, consent status).
  • Persons affected: users (e.g. website visitors, users of online services).
  • Purposes of processing: contact requests and communication; Feedback (e.g. collecting feedback via online form); Marketing.
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).

Further information on processing procedures, procedures and services:

  • Instagram: Social network; Service Provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR); Website: https://www.instagram.com; Privacy Policy: https://instagram.com/about/legal/privacy.
  • Facebook pages: Profiles within the social network Facebook - We are jointly responsible with Meta Platforms Ireland Limited for the collection (but not further processing) of data from visitors to our Facebook page (so-called "fan page"). This data includes information about the types of content users view or interact with, or actions they take (see "Things Done and Provided by You and Others" in the Facebook Data Policy: https://www.facebook.com/policy), and information about the devices users use (e.g. IP addresses, operating system, browser type, language settings, cookie Data; see "Device Information" in the Facebook Data Policy: https://www.facebook.com/policy). As explained in the Facebook Data Policy under "How do we use this information?", Facebook also collects and uses information to provide analytics services, so-called "Page Insights", to site operators so that they can gain insights into how people interact with their pages and the content associated with them. We have concluded a special agreement with Facebook ("Information on page insights", https://www.facebook.com/legal/terms/page_controller_addendum), which regulates in particular which security measures Facebook must observe and in which Facebook has agreed to fulfill the rights of those affected (i.e. users can, for example, send information or requests for deletion directly to address Facebook). The rights of users (in particular to information, deletion, objection and complaints to the competent supervisory authority) are not restricted by the agreements with Facebook. Further information can be found in the "Information on page insights" (https://www.facebook.com/legal/terms/information_about_page_insights_data); Service Provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR); Website: https://www.facebook.com; Privacy Policy: https://www.facebook.com/about/privacy; Third country transfer basis: Data Privacy Framework (DPF), Standard Contractual Clauses (https://www.facebook.com/legal/EU_data_transfer_addendum); More information: Joint Controllership Agreement: https://www.facebook.com/legal/terms/information_about_page_insights_data. Joint controllership is limited to the collection and transmission of data to Meta Platforms Ireland Limited, an EU based company. Further processing of the data is the sole responsibility of Meta Platforms Ireland Limited, in particular the transmission of the data to the parent company Meta Platforms, Inc. in the USA (on the basis of the standard contractual clauses concluded between Meta Platforms Ireland Limited and Meta Platforms, Inc.).
  • X: Social network; Service Provider: Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2 D02 AX07, Ireland, Parent Company: Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR); Privacy Policy: https://twitter.com/privacy, (Settings: https://twitter.com/personalization).
  • YouTube: Social network and video platform; Service Provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR); Privacy Policy: https://policies.google.com/privacy; Third country transfer basis: Data Privacy Framework (DPF); Possibility of objection (opt-out): https://adssettings.google.com/authenticated.

Plugins and embedded functions as well as content

We integrate functional and content elements into our online offer that are provided by the servers of their respective providers (following d referred to as “Third-Party Providers”). These may be, for example, graphics, videos or city maps (hereinafter collectively referred to as “Content”).

The integration always requires that the third-party providers of this content process the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is therefore required for the display of this content or functions. We endeavor to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can 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 can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and the operating system, websites to be referred to, the time of the visit and other information on the use of our online offer and can also be linked to such information from other sources.

  • Types of data processed: Usage data (e.g. websites visited, interest in content, access times); Meta, communication and process data (e.g. IP addresses, time information, identification numbers, consent status).
  • Persons affected: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Provision of our online offer and user-friendliness.
  • Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) DSGVO ).

Further information on processing procedures, procedures and services:

  • Integration of third-party software, scripts or frameworks (e.g. jQuery): We integrate software into our online offer that we call up from the servers of other providers (e.g. function libraries that we use for the purpose of display or user-friendliness our online offer). The respective providers collect the IP address of the user and can process this for the purpose of transmitting the software to the user's browser and for security purposes, as well as for the evaluation and optimization of their offer. - We integrate software into our online offer that we call up from the servers of other providers (e.g. function libraries that we use for the purpose of presentation or user-friendliness of our online offer). The respective providers collect the IP address of the user and can process this for the purpose of transmitting the software to the user's browser and for security purposes, as well as for the evaluation and optimization of their offer; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) DSGVO).
  • Google Fonts (provision on own server): Provision of font files for the purpose of a user-friendly presentation of our online offer; Service provider: The Google Fonts are hosted on our server, no data is transmitted to Google; Legal basis: Legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).

Definition of terms

This section gives you an overview of the terms used in this data protection declaration. Insofar as terms are legally defined, their legal definitions apply. The following explanations are primarily for understanding.

  • Personal data: "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 special features that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
  • Responsible: The "responsible person" is the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
  • Processing: "Processing" is any process carried out with or without the help of automated processes or any such series of processes in connection with personal data. The term is broad and includes practically every handling of data, be it the collection, evaluation, the Saving, transmitting or deleting.

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