data protection

This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") in the context of the provision of our services as well as within our online offer and the associated websites, functions and content as well as external online presences, such as open our social media profile (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

​

Responsible person
Kevin Hennings
Neusser Str. 278
50733 Cologne
Germany
 

Email: kevanaway@gmail.com
Web: www.kevanaway.com

Responsible according to § 55 Abs. 2 RStV:
Kevin Hennings, Neusser Str. 278, 50733 Cologne

 

Types of data processed
- Inventory data (e.g., personal master data, names or addresses)
- Contact details (e.g., email, telephone numbers)
- content data (e.g., text input, photographs, videos)
- Usage data (e.g. websites 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 (in the following we also refer to the persons concerned collectively as "users").
 

Purpose of processing
- Provision of the online offer, its functions and content.
- Answering contact inquiries and communicating with users.
- Safety measures.
- Reach measurement / marketing

 

Terms used
"Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); a natural person is regarded as identifiable who, directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g. cookie) or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
 

“Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data.
 

"Pseudonymization" is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal data cannot be assigned to an identified or identifiable natural person.
 

“Profiling” any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.
 

“Responsible” 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.
 

"Processor" means a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.

​

Relevant legal bases
In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. For users from the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEC, unless the legal basis is mentioned in the data protection declaration, the following applies:

The legal basis for obtaining consent is Article 6 (1) (a) and Article 7 GDPR;
The legal basis for processing in order to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 Paragraph 1 lit. b GDPR;
The legal basis for processing in order to fulfill our legal obligations is Art. 6 Para. 1 lit. c GDPR;

 

In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.

The legal basis for the processing required to perform a task that is in the public interest or is carried out in the exercise of official authority that has been transferred to the person responsible is Article 6 (1) (e) GDPR.

The legal basis for processing in order to safeguard our legitimate interests is Art. 6 Para. 1 lit.f GDPR.

The processing of data for purposes other than those for which they were collected is determined in accordance with the provisions of Art 6 Para. 4 GDPR.

The processing of special categories of data (in accordance with Art. 9 Paragraph 1 GDPR) is based on the requirements of Art. 9 Paragraph 2 GDPR.

​

 

Safety measures
We take appropriate technical and organizational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons 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 access to the data, as well as the access, input, transfer, ensuring availability and their separation. In addition, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings.

​

 

Cooperation with processors, jointly responsible persons and third parties
If we disclose data to other persons and companies (contract processors, jointly responsible persons or third parties) in the course of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as payment service providers to fulfill the contract), users 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 disclose, transmit or otherwise grant access to data to other companies in our group of companies, this is done in particular for administrative purposes as a legitimate interest and, furthermore, on a basis in accordance with the legal requirements.

​

Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation) or in the context of the use of third-party services or disclosure or transmission of data to other persons or companies happens, this only happens if it is done to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to express consent or contractually required transmission, we process or have the data only in third countries with a recognized level of data protection, including the US processors certified under the "Privacy Shield" or on the basis of special guarantees, such as contractual obligations through so-called standard protection clauses of the EU Commission, the existence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission).

​

 

Rights of data subjects
Right to information: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with the legal requirements.

 

Right to rectification: You have accordingly. the legal requirements to request the completion of the data concerning you or the correction of the incorrect data concerning you.

 

Right to erasure and restriction of processing: In accordance with the legal requirements, you have the right to demand that the relevant data be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with the legal requirements.

​

 

Right to data portability: You have the right to receive data relating to you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transmitted to another person responsible.

 

Complaint to the supervisory authority: In accordance with the legal requirements, you also have the right to lodge a complaint with the responsible supervisory authority.

 

Right of withdrawal

You have the right to revoke your consent with effect for the future.

 

Right to object

Right of objection: You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. If the personal data relating to you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.

 

Cookies and right to object to direct mail

"Cookies" are small files that are stored on the users' computers. Various 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 their visit to 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 can, for example, store the content of a shopping cart in an online shop or a login status. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if they are only their cookies, they are referred to as "first-party cookies").

​

 

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

​

If we ask the user for consent to the use of cookies (e.g. in the context of a cookie consent), the legal basis for this processing is Art. 6 Para. 1 lit. a. GDPR. Otherwise, the personal cookies of the users are stored in accordance with the following explanations in the context of this data protection declaration 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. GDPR) or if the use of cookies is necessary for the provision of our contract-related services in accordance with Article 6 Paragraph 1 lit. GDPR, or if the use of cookies is necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority, in accordance with Art. 6 Paragraph 1 lit. GDPR, processed.

 

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. Saved 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 made for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/ to be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that if you do so, you may not be able to use all of the functions of this online offer.

​

 

Deletion of data
The data processed by us will be deleted or restricted in their processing in accordance with the legal requirements. Unless expressly stated in 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 requirements.

 

If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.

 

Changes and updates to the privacy policy

We ask you to inform yourself regularly about the content of our data protection declaration. We will adapt the data protection declaration as soon as the changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require your cooperation (e.g. consent) or other individual notification.

 

Business related processing
We also process
- Contract data (e.g., subject of the contract, term, customer category).
- Payment data (e.g., bank details, payment history)
by our customers, prospects and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research

 

Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as the organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of providing our contractual services. The processing bases are Article 6 Paragraph 1 lit. GDPR, Art. 6 Para. 1 lit.f.DSGVO. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve to maintain our business activities, perform our tasks and provide our services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information given for these processing activities.

​

 

We disclose or transmit data to the financial administration, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

 

Furthermore, on the basis of our business interests, we store information about suppliers, organizers and other business partners, e.g. for the purpose of later contact. We generally save this mostly company-related data permanently.

​

 

Comments and contributions
If users leave comments or other contributions, their IP addresses can be based on our legitimate interests within the meaning of Art. 61 lit.f. GDPR to process user information for the purpose of spam detection.

​

 

On the same legal basis, we reserve the right to save the IP addresses of users for the duration of surveys and to use cookies in order to avoid multiple votes.

 

The information about the person communicated in the context of the comments and contributions, any contact and website information as well as the content will be stored permanently by us until the user objects.

​

 

contact
When contacting us (e.g. via the contact form, email, telephone or via social media), the information provided by the user is used to process the contact request and to process it in accordance with Art. 6 Para. 1 lit. b. (in the context of contractual / pre-contractual relationships), Art. 6 Paragraph 1 lit. f. (other inquiries) GDPR processed get saved.

 

We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.

​

 

Sweepstakes and competitions
We process personal data of participants in sweepstakes and competitions only in compliance with the relevant data protection regulations and only for the provision, implementation and processing of sweepstakes and competitions (6 para. 1 lit.b GDPR).

 

The data of the participants will only be transmitted to other bodies if this is necessary for the implementation of the sweepstakes and competitions (e.g. for the purpose of sending prizes) or if a participant has consented to the transmission.

 

If contributions by the participants are published as part of the sweepstakes or competitions (e.g. in the context of a vote or presentation of the sweepstakes or competition entries, or the winners or reporting on the sweepstakes or competition), we point out that the names of the participants in this Context can also be published. Participants can object to this at any time.

 

If the sweepstakes and competitions take place within an online platform or within a social network (e.g. Facebook or Instagram, hereinafter referred to as "online platform"), the usage and data protection provisions of the respective platforms also apply. In these cases, we would like to point out that we are responsible for the information provided by the participants in the context of the sweepstakes and competitions and that inquiries regarding the sweepstakes and competitions are to be directed to us.

 

The data of the participants will be deleted as soon as the competition or competition is over and the data is no longer required to inform the winners or because queries about the competition are to be expected. In principle, the data of the participants will be deleted no later than 6 months after the end of the competition. The winners' data can be kept longer, e.g. to answer questions about the winnings or to fulfill the winnings; In this case, the retention period depends on the type of profit and is, for example, up to three years for items or services, e.g. to be able to process warranty cases. Furthermore, the data of the participants can be stored longer, e.g. in the form of reporting on the competition in online and offline media.

 

If data were also collected for other purposes within the framework of the competition, their processing and the retention period are based on the data protection information for this use (e.g. in the case of registering for the newsletter as part of a competition).

​

Hosting and sending of e-mails
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, sending emails, security services and technical maintenance services that we use for the purpose of operating this online offer.

​

 

We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data from customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 Para. 1 lit.f GDPR in conjunction with Art. 28 GDPR (conclusion of an order processing contract).

​

 

Collection of access data and log files
We, or our hosting provider, collect data on every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6 Paragraph 1 lit. The access data includes the name of the accessed website, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

​

 

For security reasons (e.g. to investigate acts of abuse or fraud), log file information is stored for a maximum of 7 days and then deleted. Data, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified.

​

 

Google Analytics
We use Google Analytics, a web analysis service from Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.

​

 

Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and internet usage. In doing so, pseudonymous user profiles can be created from the processed data.

​

 

We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases.

 

The IP address transmitted by the user's browser will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by downloading and installing the browser plug-in available at the following link: http: // tools .google.com / dlpage / gaoptout? hl = de.

​

 

If we ask the user for consent (e.g. in the context of a cookie consent), the legal basis for this processing is Art. 6 Para. 1 lit. a. GDPR. Otherwise, the personal data of the users will be processed 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. GDPR).

 

As far as data is processed in the USA, we point out that Google is certified under the Privacy Shield Agreement and thereby guarantees to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active) .

 

You can find more information about data usage by Google, setting and objection options in Google's data protection declaration (https://policies.google.com/privacy) and in the settings for the display of advertisements by Google (https: // adssettings. google.com/authenticated).

​

The personal data of the users will be deleted or anonymized after 14 months.

​

Online presence in social media
We maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services.

​

 

We would like to point out that user data can be processed outside of the European Union. This can result in risks for the user because, for example, the enforcement of the users' rights could be made more difficult. With regard to US providers who are certified under the Privacy Shield, we would like to point out that they undertake to comply with the data protection standards of the EU.

​

 

Furthermore, user data is usually processed for market research and advertising purposes. For example, usage profiles can be created from user behavior and the resulting interests of the user. The usage profiles can in turn be used, for example, to place advertisements inside and outside the platforms 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 regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

​

 

The processing of the personal data of the users is based on our legitimate interests in an effective information of the users and communication with the users according to Art. 6 Abs. 1 lit.f. GDPR. If the users are asked to consent to the data processing described above by the respective providers of the platforms, the legal basis for processing is Art. 6 Para. 1 lit. a., Art. 7 GDPR.

​

 

For a detailed description of the respective processing and the possibilities of objection (opt-out), we refer to the information provided by the providers linked below.

​

 

Also in the case of requests for information and the assertion of user rights, we point out that these can be most effectively 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.

​

 

- Facebook, pages, groups, (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland) on the basis of an agreement on joint processing of personal data - data protection declaration: https://www.facebook.com / about / privacy /, especially for pages: https://www.facebook.com/legal/terms/information_about_page_insights_data, opt-out: https://www.facebook.com/settings?tab=ads and http: // www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

- Google / YouTube (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland) - Privacy Policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

- Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) - Privacy Policy / Opt-Out: http://instagram.com/about/legal/privacy/.

- Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) - Data protection declaration: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization , Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

- Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) - Privacy Policy / Opt-Out: https://about.pinterest.com/de/privacy-policy.

- LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) - Privacy Policy https://www.linkedin.com/legal/privacy-policy, Opt-Out: https://www.linkedin.com/psettings/guest -controls / retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

- Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) - Data protection declaration / opt-out: https://privacy.xing.com/de/datenschutzerklaerung.

- Wakalet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) - Privacy Policy / Opt-Out: https://wakelet.com/privacy.html.

- Soundcloud (SoundCloud Limited, Rheinsberger Str. 76/77, 10115 Berlin, Germany) - Privacy Policy / Opt-Out: https://soundcloud.com/pages/privacy.

​

Integration of services and content from third parties
We use content or service offers from third-party 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. Integrate services such as videos or fonts (hereinafter uniformly referred to as “content”).

​

 

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive to only use content whose respective provider only uses 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 operating system, referring websites, visiting time and other information about the use of our online offer, as well as being linked to such information from other sources.

​

 

Youtube
We embed the videos from the platform “YouTube” from the provider Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Data protection declaration: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

​

 

Instagram
Functions and contents of the Instagram service, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated into our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Instagram. If the users are members of the Instagram platform, Instagram can assign the access to the above-mentioned content and functions to the profiles of the users there. Instagram's privacy policy: http://instagram.com/about/legal/privacy/.

​

 

Pinterest
Functions and contents of the Pinterest service, offered by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA, can be integrated into our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Pinterest. If the users are members of the Pinterest platform, Pinterest can assign the above-mentioned content and functions to the profiles of the users there. Pinterest data protection declaration: https://about.pinterest.com/de/privacy-policy.