The online platform “dear-photography.de” (“OFFERING”) is operated by Dear Photography GmbH - Leinpfad 73 - 22299 Hamburg – Germany (“DEAR PHOTOGRAPHY”). DEAR PHOTOGRAPHY gives the highest priority to the protection of your personal data and to adherance to the current legislation relating to data protection, in particular the German Federal Data Protection Act (BDSG), the German Telemedia Act (TMG) and other applicable data protection provisions. DEAR PHOTOGRAPHY shall treat your data with strict confidentiality and has thereby obliged its employees to adherence to data secrecy. Precautions for the protection against loss, deletion, falsification, manipulation and unauthorized access to your personal data have, of course, been taken by DEAR PHOTOGRAPHY. With a view to avoiding unnecessary amounts of data from being recorded and processed, DEAR PHOTOGRAPHY shall only use your data insofar as is necessary within the scope of the offering. Your data will be used solely for the fulfillment of the following purposes.
The following provisions outline which personal data shall be recorded by DEAR PHOTOGRAPHY, why DEAR PHOTOGRAPHY shall record this data and how DEAR PHOTOGRAPHY shall make use of this data to fulfill its services and communication with you.
2. COLLECTION, PROCESSING AND USAGE OF PERSONAL DATA
Personal data shall be defined as all information that permits inference as to your identity as a user of the offering. This includes your name, username, e-mail address, home address, payment modalities, sales history, IP address, duration of your visit and the subpages of the offering accessed by you. DEAR PHOTOGRAPHY records, saves and uses this data solely on the basis of the information you have voluntarily or automatically provided to DEAR PHOTOGRAPHY. If legal stipulations state that consent is required, DEAR PHOTOGRAPHY shall refer you to this fact separately and inform you of your revocation options (see below).
You may access the offering both as a guest and as a registered user. DEAR PHOTOGRAPHY shall collect, process and use your personal data here. This takes place primarily for the purposes of processing the respective sale contracts and the processing of payment. DEAR PHOTOGRAPHY shall however also record, process and use your personal data, for your information about the offering provided by DEAR PHOTOGRAPHY, via newsletter and for the needs-based design and respective optimization of the offering.
A. INVENTORY DATA
Your personal data, if required for the substantiation, content-related substance or amendment of a contractual relationship (inventory data), shall be recorded and used solely for the settlement of any possible contracts closed between you and DEAR PHOTOGRAPHY and for related payment processing. Any usage of your inventory data above and beyond this for the purposes of advertising, market research or the needs-based design of the offering by DEAR PHOTOGRAPHY shall be subject to your explicit consent. This declaration of consent can be given with the submission of an order, and shall also be given upon subscription to the newsletter. This approval is absolutely voluntary and can be revoked by you at any time via e-mail to email@example.com and then remain in effect for the future. You can unsubscribe to the newsletter at any time via e-mail to firstname.lastname@example.org.
B. USAGE DATA
The personal data recorded, processed and used by DEAR PHOTOGRAPHY that are required in order to enable an availment of the offering (usage data) include in particular the attributes pertaining to identification as the user, information about the beginning and end and the scope of your respective usage, and information about pages and services within the offering availed of by you as the user. DEAR PHOTOGRAPHY has to record, process and use this personal data for the processing of contracts and in order to ensure the comfortable and secure usage of the offering for you.
DEAR PHOTOGRAPHY shall – as the case may be under a pseudonym – create user profiles for the purposes of advertising, market research or for the needs-based design of the offering. You shall have the option and the right to veto the usage of your data in this way via e-mail to email@example.com.
3. FORWARDING OF PERSONAL DATA
4. DELETION OF PERSONAL DATA
Your personal data shall be deleted if we are not subject to any legal obligations to retain this data, and if you have chosen to exercise your right to deletion (e.g. by deleting your user account), provided the data is no longer required for the fulfillment of the purpose pursued when the data was saved, and in cases where the saving of the data is not permitted for any other legal reasons.
Cookies will be used if you avail of the offering. These are small groups of data that are saved on your hard drive. Besides so-called session cookies that are automatically deleted as soon as you log out or close your browser, DEAR PHOTOGRAPHY also uses so-called permanent cookies that recognize a returning user. The cookies have to be manually removed from your hard drive to be deleted. You can of course delete cookies at any time too using the respective browser function. You can also determine in your settings how your browser should treat cookies in general. Please note however that the deletion of cookies or the deactivation of the usage of cookies will mean that some functionality within the offering will no longer work to the full.
6. INTEGRATION OF EXTERNAL SOFTWARE
A. WEB ANALYSIS – “GOOGLE ANALYTICS”
DEAR PHOTOGRAPHY hereby refers you to the fact that the offering provided by DEAR PHOTOGRAPHY nevertheless only uses Google Analytics with the add-on “anonymize IP”. This means that IP addresses are only processed in abbreviated form in order to exclude any direct link to a particular individual. Your IP address shall only be transferred in abbreviated form here.
With the help of the deactivation add-on for browsers [https://tools.google.com/dlpage/gaoptout?hl=en] you can determine which data may be collated by Google Analytics, i.e. you can opt out of the recording and saving of data in the long term. The deactivation add-on for browsers of Google Analytics will however prevent information from being passed on to us. Google will also pass this information on to third parties in cases where this is legally stipulated or in cases where third parties process this data on behalf of Google.
By using the offering provided by DEAR PHOTOGRAPHY, you are declaring your consent to the collection and usage of the data recorded in accordance with the aforementioned provision by Google in the manner stated above and for the purpose stated above.
B. NEWSLETTER – “MAILCHIMP”
DEAR PHOTOGRAPHY utilizes the list provider MailChimp for the sending of newsletters. MailChimp is an offering by The Rocket Science Group, LLC, 512 Means Street, Ste 404 Atlanta, GA 30318 USA (“Mailchimp”). If you register for the newsletter, the data that you entered during the newsletter registration shall be transferred to Mailchimp and saved there. After registration you will receive an e-mail from Mailchimp to confirm your registration (“double opt-in”). Mailchimp offers a wide range of analysis options for how newsletters are opened and used. These analyses are group-based and are not utilized by DEAR PHOTOGRAPHY for individual evaluation.
By registering for newsletters you are declaring your consent to the processing you’re your collated data by Mailchimp in the manner stated above and for the purpose stated above.
C. SOCIAL NETWORKS – “FACEBOOK SOCIAL PLUGIN”
As part of the offering, DEAR PHOTOGRAPHY shall utilize the social plugin of the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). When you access a website that forms part of the offering provided by DEAR PHOTOGRAPHY and contains such a plugin, your browser shall form a direct link with the servers belonging to Facebook. The content of the plugin will be transferred directly from Facebook to your browser and integrated from here into the offering provided by DEAR PHOTOGRAPHY. In order to avoid this, we use a Social Share Privacy Plugin that has been developed by DEAR PHOTOGRAPHY itself. This program interrupts the connection of the Facebook Social Plugin with the Facebook servers. In order to enable an exchange of data and make use of the functions of the Facebook Social Plugin, you as the user must activate the Facebook Social Plugin independently.
Once the Facebook Social Plugin has been activated, DEAR PHOTOGRAPHY no longer has any influence over the scope of the data that Facebook records with the help of this plugin and therefore informs you of the following:
By activating the plugin, Facebook receives the information that you have accessed the respective page of the offering provided by DEAR PHOTOGRAPHY. If you are logged in to Facebook, Facebook can match the visit to your Facebook account. If you interact with the plugin, e.g. use the Like button or post a comment, the respective information will be transferred directly from your browser to Facebook and saved there. If you are not a member of Facebook, the possibility remains that Facebook will ascertain and save your IP address.
By independently activating the Facebook Social Plugin, you are declaring your consent to the collection and usage of the data recorded in accordance with the aforementioned provision by Facebook in the manner stated above.
D. USAGE OF CRAZY EGG
The US service Crazy Egg, 16220 Ridgeview Lane, La Mirada, CA, 90638 USA (“Crazy Egg”), specialized in web usability, is used as part of the offering provided by DEAR PHOTOGRAPHY. Crazy Egg serves to optimize our offering in the interest of the user. To this end, Crazy Egg analyses the way in which users interact with the offering provided by DEAR PHOTOGRAPHY. Crazy Egg uses so-called “cookies” here: text files that are saved on your computer and which enable an analysis of the usage of the offering provided by DEAR PHOTOGRAPHY by you. For this purpose, data shall be recorded and processed about the operating system used, the browser software, the IP address and surfing behavior within the offering provided by DEAR PHOTOGRAPHY. Additional personal data such as names, address, telephone number or name shall not be saved by Crazy Egg; the collated information shall not be passed on to third parties.
By using the offering provided by DEAR PHOTOGRAPHY, you are declaring your consent to the collection and usage of the data recorded by Crazy Egg in the manner stated above and for the purpose stated above. You do however have the option at any time to prevent analysis by Crazy Egg. Please follow the instructions here provided by Crazy Egg at http://www.crazyegg.com/opt-out.
By using the offering provided by DEAR PHOTOGRAPHY, you are declaring your consent to the collection and usage of the data recorded in accordance with the aforementioned provision by Crazy Egg in the manner stated above and for the purpose stated above.
E. USAGE OF CHARTBEAT
The US real-time service Chartbeat Inc. 416 West 13 St. Suite 307 New York, NY 10014 USA (“Chartbeat”) is used on DEAR PHOTOGRAPHY. Chartbeat uses so-called “cookies”, text files that are saved on your computer. IP addresses, browser type, header information and possibly information about your geographical region are recorded by Chartbeat for system administration, the prevention of abuse and following of user trends. The usage and analysis of this data takes place anonymously.
By using the offering provided by DEAR PHOTOGRAPHY, you are declaring your consent to the collection and usage of the data recorded in accordance with the aforementioned provision by Chartbeat in the manner stated above and for the purpose stated above.
7. LINKS TO OTHER WEBSITES
8. YOUR RIGHTS
Upon request, DEAR PHOTOGRAPHY shall be happy to inform you in writing and free of charge as to whether and, if so, which of your personal data has been saved. Incorrect data shall be corrected once DEAR PHOTOGRAPHY has been informed. Please direct any requests of this manner to: firstname.lastname@example.org
DEAR PHOTOGRAPHY shall take the necessary precautions to protect personal data from any loss, deletion, falsification, manipulation and unauthorized access.
Last updated: April 2013