Date: 16/06/2023

We appreciate your interest in our company. The use of our website is generally possible without providing any personal data. However, if an individual wishes to make use of specific services offered by our company through our website, it may be necessary to process personal data. If the processing of personal data is required and there is no legal basis for such processing, we will generally seek the consent of the individual concerned.

The processing of personal data, such as the name, address, email address, or telephone number of an individual, always takes place in accordance with the General Data Protection Regulation (GDPR) and in compliance with the specific data protection regulations applicable to us. Through this privacy policy, our company aims to inform the public about the type, scope, and purpose of the personal data we collect, use, and process. Furthermore, individuals will be informed about their rights through this privacy policy.

As the data controller, we have implemented numerous technical and organizational measures to ensure the most comprehensive protection possible for the personal data processed through this website. However, it is important to note that internet-based data transmissions may have security vulnerabilities, and absolute protection cannot be guaranteed. For this reason, it is up to each individual to choose alternative methods, such as contacting us by phone, to transmit personal data.

(Note: Please note that this translation is a general overview and may not cover all the specific legal requirements for a privacy policy. It is advisable to consult with a legal professional to ensure compliance with applicable laws and regulations.)

Definitions:

The privacy policy is based on the terminology used by the European legislator in the adoption of the General Data Protection Regulation (GDPR). Our privacy policy aims to be easily readable and understandable for the public as well as our customers and business partners. To ensure this, we would like to explain the terminology used in advance.

In this privacy policy, we use, among others, the following terms:

a) 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.

b) Data subject Data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing Processing means 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.

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

e) 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.

f) Pseudonymization Pseudonymization means the processing of personal data in such a manner 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.

g) Controller Controller means the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. 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.

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

i) Recipient Recipient means a natural or legal person, public authority, agency, or another body to whom the personal data are disclosed, whether a third party or not. However, public authorities that 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.

j) Third party Third party means a natural or legal person, public authority, agency, or 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.

k) Consent Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

Name and address of the data controller:

farbtier – Creative Agency

Malte und Laura aus dem Siepen

Duisburger Straße 274

45478 Mülheim
Germany

Email: mail@kleine-helden.de

Cookies / SessionStorage / LocalStorage:

The website uses cookies, localStorage, and sessionStorage to make our offering more user-friendly, effective, and secure. localStorage and sessionStorage are technologies that allow your browser to store data on your computer or mobile device. Cookies are text files that are placed and stored on a computer system via an internet browser. You can prevent the use of cookies, localStorage, and sessionStorage by adjusting the settings in your browser.

Many websites and servers use cookies. Many cookies contain a unique cookie ID. A cookie ID is a unique identifier that allows websites and servers to associate the specific internet browser in which the cookie is stored with that particular browser. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that may contain different cookies. A specific internet browser can be recognized and identified by the unique cookie ID.

The use of cookies allows us to 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. Cookies allow us, as previously mentioned, to recognize users of our website. 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 enter their access data again each time they visit the website because this is taken over by the website and the cookie stored on the user’s computer system. Another example is a cookie used by an online shop to remember the items that a customer has placed in their virtual shopping cart.

The data subject can prevent the setting of cookies through our website at any time by adjusting the settings of the internet browser used, thus permanently denying 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 popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, it may not be possible to fully use all functions of our website.

Collection of General Data and Information

With each access of the website by a data subject or an automated system, a range of general data and information is collected. These general data and information are stored in the server log files. The following data can be collected: (1) types and versions of browsers 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 subpages 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) other similar data and information that serves to avert risks in the event of attacks on our information technology systems.

We do not draw conclusions about the data subject when using these general data and information. Instead, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and its advertising, (3) ensure the continued functioning of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. We analyze these anonymously collected data and information statistically, on the one hand, and with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files are stored separately from any personal data provided by a data subject.

Registration on Our Website

The data subject has the opportunity to register on the website of the data controller by providing personal data. The specific personal data transmitted to the data controller during the registration process is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored solely for internal use by the data controller and for its own purposes. The data controller may arrange for the data to be disclosed to one or more data processors, such as a parcel delivery service, who will also use the personal data exclusively for internal purposes attributable to the data controller.

By registering on the website of the data controller, the IP address assigned by the internet service provider (ISP) to the data subject, as well as the date and time of registration, are also stored. The storage of this data is necessary in order to prevent misuse of our services and, if necessary, to enable the investigation of committed offenses. Therefore, the storage of this data is required to protect the data controller. In principle, this data is not disclosed to third parties unless there is a legal obligation to do so or the disclosure serves criminal prosecution.

The registration of the data subject, with the voluntary provision of personal data, enables the data controller to offer content or services that can only be provided to registered users due to the nature of the matter. Registered individuals have the option to modify the personal data provided during registration at any time or to request its complete deletion from the data records of the data controller.

The data controller provides any data subject with information on request about the personal data stored about them. Furthermore, the data controller corrects or deletes personal data upon request or notification by the data subject, provided there are no legal retention obligations. All employees of the data controller are available to the data subject as contact persons in this regard.

Contact Option via the Website

Due to legal requirements, the website contains information that enables quick electronic contact with our company and direct communication with us, including a general email address for electronic mail (email). If a data subject contacts the data controller via email or a contact form, the personal data transmitted by the data subject will be automatically stored. Personal data voluntarily provided by a data subject to the data controller will be stored for the purpose of processing the inquiry or contacting the data subject. There is no disclosure of this personal data to third parties.

Commenting Function in the Blog on the Website

We offer users the opportunity to leave individual comments on specific blog posts on the website of the data controller. A blog is a publicly accessible portal hosted on a website where one or more individuals, known as bloggers or web bloggers, can post articles or express their thoughts in blog posts. Typically, blog posts can be commented on by third parties.

When a data subject leaves a comment on the blog published on this website, in addition to the comments left by the data subject, information about the time of comment submission and the chosen username (pseudonym) of the data subject will be stored and published. Furthermore, the IP address assigned by the Internet Service Provider (ISP) of the data subject will be logged. This storage of the IP address is done for security reasons and in the event that the data subject violates the rights of third parties or posts unlawful content through the submitted comment. The storage of this personal data is therefore in the legitimate interest of the data controller, as it may be used for exculpation in the event of a legal violation. There is no disclosure of this collected personal data to third parties unless such disclosure is legally required or serves the legal defense of the data controller.

Routine Erasure and Blocking of Personal Data

The data controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or as required by the European legislator or another competent legislator in laws or regulations to which the data controller is subject.

Once the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the applicable legal provisions.

Rights of the data subject

a) Right to confirmation Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they can contact an employee of the controller at any time.

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

• the purposes of the processing
• the categories of personal data being processed
• the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organizations
• where 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 rectification or erasure of personal data, or restriction of processing by the controller, or the right to object to such processing
• the right to lodge a complaint with a supervisory authority
• where the personal data is 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 General Data Protection Regulation (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.

Furthermore, the data subject has the right to be informed whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right to information, they can contact an employee of the controller at any time.

c) Right to rectification Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, taking into account the purposes of the processing, to request the completion of incomplete personal data, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, they can contact an employee of the controller at any time.

d) 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 demand from the controller the erasure of personal data concerning them without undue delay, provided one of the following reasons applies and the processing is not necessary:

• The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
• The data subject withdraws consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and where there is no other legal ground for the processing.
• The data subject objects to the processing pursuant to Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
• The personal data has been unlawfully processed.
• The erasure of personal data is required to fulfill a legal obligation under Union or Member State law to which the controller is subject.
• The personal data was collected in relation to the offer of information society services

The legal basis for data processing

Art. 6(1)(a) of the GDPR, which serves as the legal basis for processing operations where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract in which the data subject is a party, such as processing operations required for the delivery of goods or the provision of services or consideration, the processing is based on Art. 6(1)(b) of the GDPR. The same applies to processing operations necessary for the performance of pre-contractual measures, such as inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as fulfilling tax obligations, the processing is based on Art. 6(1)(c) of the 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 to be injured on our premises and his or her name, age, health insurance data, or other vital information would need to be disclosed to a doctor, hospital, or other third party. In this scenario, the processing would be based on Art. 6(1)(d) of the GDPR.

Finally, processing operations may be based on Art. 6(1)(f) of the GDPR. Processing operations based on this legal basis are permitted if none of the aforementioned legal bases apply, provided that the processing is necessary to safeguard the legitimate interests pursued by our company or a third party, and the interests, fundamental rights, and freedoms of the data subject do not override those interests. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. In this regard, the legislator considered that a legitimate interest could be assumed if the data subject is a customer of the data controller (Recital 47, sentence 2 of the GDPR).

Legitimate interests pursued by the controller or a third party If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.

Duration for which the personal data will be stored The criterion for determining the storage duration of personal data is the respective statutory retention period. After the expiration of the period, the corresponding data will be routinely deleted, provided they are no longer necessary for the fulfillment or initiation of a contract.

Legal or contractual provisions regarding the provision of personal data; necessity for entering into a contract; obligation of the data subject to provide personal data; possible consequences of not providing the data We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may result from contractual provisions (e.g., information about the contracting party). In some cases, it may be necessary for a data subject to provide us with personal data in order to enter into a contract with us. The data subject, for example, is obligated to provide us with personal data when our company enters into a contract with them. Failure to provide the personal data would result in the contract with the data subject not being concluded. Before providing personal data, 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 personal data is legally or contractually required or necessary for the conclusion of a contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of the personal data would have.

Existence of automated decision-making As a responsible company, we refrain from automated decision-making or profiling.