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Privacy Policy

We are pleased about your interest in our company. Data protection has a very high priority for IND Berlin and we assume our position as responsible person i.S.d. DSGVO very seriously. By means of this privacy policy, our company seeks to inform the public and in particular you of the nature, scope and purpose of the personal data we collect, use and process, as well as to inform the persons concerned, in particular you, about the rights to which you are entitled.

These data protection instructions take into account the requirements of the EU General Data Protection Regulation (DSGVO) to be implemented by 25.05.2018 at the latest, which came into force on 25.05.2016, as well as the German Federal Data Protection Act (BDSG).

1. Definitions

Consent of the person concerned any expression of intent, in an informed and unequivocal manner, in the form of a statement or other clear affirmative act, voluntarily declaring for the particular case, that the person concerned understands that he or she agrees to the processing of the personal data concerning him / her.

Personal data is any information that relates to an identified or identifiable natural person (hereinafter "affected" or "you"); a natural person is regarded as identifiable, which can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features, the expression of the physical , physiological, genetic, mental, economic, cultural or social identity of this natural person.

This includes in particular name, address (s), Bank details, e-mail address, telephone or fax number or client IP address.

processing is any process performed with or without the aid of automated processes, or any such process associated with personal data such as collection, collection, organization, ordering, storage, adaptation or modification, reading out, querying, use, use Disclosure by submission, dissemination or other form of provision, reconciliation or association, restriction, erasure or destruction.

Restriction of processing the marking of personal data stored in order to limit their future processing.

profiling is any kind of automated processing of personal data which consists in using that personal data to evaluate certain personal aspects relating to a natural person, in particular aspects of work performance, economic situation, health, personal preferences, To analyze or predict interests, reliability, behavior, whereabouts, or location of this natural person.

responsible the natural or legal person, public authority, body or other body that, alone or in concert with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for his designation may be provided for under Union or national law.

third party is a natural or legal person, public authority, body or body other than the person concerned, the controller, the processor and the persons authorized under the direct responsibility of the controller or processor to process the personal data.

regulators an independent public authority established by a Member State in accordance with Article 51 of the GDPR.

2. Handling of personal data and data storage

We use personal data, in particular the name, address and e-mail address of the customer, for the processing of orders, the delivery of goods and the provision of services as well as the processing of the payment. We also use personal information to communicate with the individual and to update our records. We also use personal information to improve our platform, to prevent or detect misuse, in particular fraud, or to enable third parties to carry out technical, logistical or other services on our behalf. The collection, storage and processing of personal data is particularly necessary because only then the desired by the person concerned service by us, so the person in charge can be provided. The storage of the personal data takes place for the duration of the order processing and execution of the contract or as far as this is necessary due to legal regulations (for example tax regulations).

Personal data is used to justify the contract, content, organization or execution of the contractual relationship (Article 6 (1) (b) GDPR). In addition, personal data will only be processed if we have received the consent of the person concerned (Art. 6 (1) (a) GDPR). We record this consent.

In addition, the processing and collection of personal data by default is only to the extent that this is necessary for the intended purpose of processing. Insofar as the processing of the data subject's personal data is based on a consent, he has the right to revoke this consent at any time. Article 7 (3) GDPR is expressly referred to.

3. Use of the website

The use of the (publicly accessible) website is usually possible without the provision of personal data. If parts of the website (for example, the ordering process) rely on the provision of personal data in order to ensure the function or to be able to fulfill the contract, the person concerned is requested to enter the personal data in the appropriate place and can decide on the input. As far as on our sides personal data over forms are raised (for example name, address or E-Mail address), this takes place always on freiwilliger basis and with explicit permission of the concerning, which is logged.

You can contact us by e-mail, fax or telephone. We store the data transmitted to us and provided by you for processing the request.

Every time a data subject receives access to a page of our offer and every time a file is stored on the Internet, access data about this process are stored in a log file. Each record consists of:

(1) the page from which the file was requested

(2) the name of the file,

(3) the date and time of the request,

(4) the amount of data transferred,

(5) access status (file transfer, file not found etc.) / Http status code,

(6) a description of the type of operating system and web browser used,

(7) the client IP address,

(8) Time zone difference to Greenwich Mean Time (GMT).

The data is stored with every access of a user on one side of our offer and with each call of our Internet presence and is deleted, as soon as they are no longer necessary for the purpose of the collection or the processing.

The temporary storage of the aforementioned data is based on the legal basis of Art. 6 para. 1 lit. f) GDPR. The legitimate interest lies in the provision of our website. The affected kann der Verarbeitung jederzeit widersprechen.

4. Principle of data avoidance, lawfulness of processing, balance of interests

In addition, as far as we are able to do so, the collection of personal data will be waived. In doing so, we adhere to the principle of data avoidance, which we take very seriously. Wir behandeln personenbezogene Daten vertraulich und entsprechend der gesetzlichen Datenschutzvorschriften.

The scope of the personal data provided to us is appropriate to the purpose and limited to what is necessary for the purposes of the processing.

The processing of personal data takes place for the purpose of fulfilling the contract, which the person concerned closes with the person responsible at the request of the person concerned.

The same applies if the person concerned voluntarily contacts us at our own request and initiative on our contact form.

The e-mail address of the customer communicated to us by means of the contact form will be used to send the customer an invoice and to inform the customer promptly about any interruptions or delays in his order. We have legitimate and important interests in promptly informing the customer as soon as possible about any changes in the delivery process - which we are aware of but unknown to the customer - as soon as possible. Only in this way is it possible for the customer to anticipate the change at an early stage and to live up to our obligation towards the customer, a timely and promised delivery of the goods ordered by him. Another or equally effective form of safeguarding interests is not apparent. In particular, a postal dispatch of the information on the basis of the address data made known to us by the ordering process in view of the length of time and the overtaking delivery times is unthinkable. A use of the e-mail address of the customer on the delivery of the bill and notification of changes in the delivery process takes place - as far as no consent to receive the newsletter is present - why the interests of using the e-mail address outweigh the disadvantages for the customer in the overall view ,

5. Persons under 16 years

Persons under the age of 16 should not submit any personal data to us or consent to them without the consent of their legal representative.

6. Unlawful acts by third parties

If we have concrete indications for an unlawful act or if we are requested by legal authorities, we will issue the data we have available to us to prosecute the competent legal authorities.

7. Data transfer

The stored data will not be passed on to third parties.

8. Data security

All data on our website are protected against loss, destruction, access, modification and dissemination through technical and organizational measures. We point out that the transmission of data on the Internet (for example in the case of communication by e-mail or through harmful infiltration of the visitor's computer by third parties) may have security gaps. A complete protection of the data from access by third parties is not possible.

The data is protected against third-party access by SSL encryption when accessing the website and always up-to-date firewall applications.

We assume no liability for personal data collected and processed by third parties and are not responsible for this.

9. Communication of personal data

We collect personally identifiable information if the person concerned volunteers to do so as part of their order or when contacting us (for example, by contact form or e-mail). We collect and store all information that the data subject enters on our website or transmits to us in another way. In addition, the processing and collection of personal data by default is only to the extent that this is necessary for the intended purpose of processing.

10. Need for data collection, cookies and the use of Google (Universal) Analytics for web analytics

The processing of personal data is necessary to protect the legitimate interests of the person responsible. These legitimate interests of the person in charge usually outweigh the interests of the person concerned, as central functions of the website depend on the use of cookies. This also serves the recognition of the browser of the person concerned in order to ensure the full functionality of the website in the customer interest. The user-friendliness of the website is thus ensured. The cookies on the website of the responsible person are designed in such a way that the person concerned can stop using his browser settings, whether he accepts cookies or excludes them for certain cases or in general. This protects the interests of the person concerned.

You have the right to object at any time to the processing of personal data that takes place pursuant to Art. 6 (1) (1) (f) GDPR.

Article 21 DSGVO is expressly referred to.

Our website uses Google (Universal) Analytics, a web analytics service provided by Google Inc. (www.google.com). Google (Universal) Analytics uses methods that allow you to analyze the use of the website, such as so-called "cookies", text files that are stored on your computer. The generated information about your use of this website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymisation on this website, the IP address will be shortened prior to transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. The anonymized IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.

You can prevent Google's collection of data generated by the cookie and your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing the browser plug-in available under the following link : http://tools.google.com/dlpage/gaoptout?hl=en

11.   Newsletter

The principles concerning the collection and processing of personal data apply in particular to the registration for our newsletter. The data subject always gives consent in physical form before his data is used to send the newsletter. The same applies to the notification of the e-mail address.

According to Art. 6 para. 1 lit. a) and Art. 7 para. 4 DSGVO, in particular lit. a) -c), is expressly incorporated by reference.

The data will be deleted as soon as they are no longer necessary for the achievement of the purpose and the person concerned has unsubscribed from the newsletter.

The use of the data to obtain the information by e-mail can be contradicted at any time with effect for the future by unsubscribing from the newsletter.

12. Right of appeal to a supervisory authority, Art. 77 DSGVO

Without prejudice to any other administrative or judicial remedy, any interested party shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her residence, place of work or place of alleged infringement, if the person concerned considers that the processing of the personal data concerning him / her this regulation is in breach.

The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.

13. Right to information, Art. 15 GDPR

The person concerned has the right to the following information:

a) Processing purpose

b) category of personal data being processed

(c) recipients or categories of recipients to whom the personal data have been or are being disclosed, in particular in the case of beneficiaries in third countries or international organizations

d) (if possible) the planned duration for which the personal data are stored or, if this is not possible, the criteria for determining that duration

e) the right of rectification or erasure of personal data concerning you or restriction of our processing or right of objection to such processing

f) existence of a right of appeal to a supervisory authority

g) if the personal data are not collected from the data subject: all available information on the source of the data

(h) the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject

i) If personal data are transmitted to a third country or to an international organization, the data subject has the right to be informed about the appropriate guarantees under Art. 46 GDPR in connection with the transfer.

j) We provide the person concerned with a copy of the personal data that is the subject of the processing. For all other copies requested by the data subject, we may charge a reasonable fee based on administrative costs.

14. Right to rectification, Art. 16 GDPR

The affected person has the right to demand from the person responsible without delay the correction of incorrect personal data concerning you. In consideration of the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary statement.

15. Right to cancellation, Art. 17 GDPR

The affected person has the right to ask the person responsible for the personal data concerned to be deleted immediately and the person responsible is obliged to delete personal data immediately, if one of the following reasons applies:

(a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed

b) the person concerned revokes his consent, to which the processing pursuant to Art. 6 para. 1 lit. a) or Art. 9 para. 2 lit. a) DSGVO and there is no other legal basis for processing

c) the person concerned files an objection against the processing pursuant to Art. 21 (1) GDPR and there are no legitimate reasons for the processing, or he objects to the processing pursuant to Art. 21 (2) GDPR

d) the personal data were processed unlawfully

(e) the deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the person responsible is subject

f) the personal data were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.

After completion of the contract, the personal data will be blocked for further use and deleted after expiry of the tax and commercial retention periods, unless the person concerned has expressly consented to further use of his data or we reserve the right to use the data, which allows legally is. Please note that these are legally standardized retention periods. Since the data for the execution of the contract must be stored and processed, an objection or premature deletion is not possible.

16. Right to restriction of processing, Art. 18 GDPR

The affected person has the right to demand that we restrict the processing if one of the following conditions applies:

a) the accuracy of the personal data is disputed by the person concerned, for a period of time that allows us to verify the accuracy of the personal data

b) the processing is unlawful and the data subject refuses the deletion of the personal data requested and instead the restriction of the use of the personal data

c) we no longer need the personal data for the purposes of the processing, but the person concerned needs them to assert, exercise or defend legal claims, or

d) the person concerned objects to the processing according to Art. 21 (1) GDPR, as long as it is not certain whether the legitimate reasons of the person responsible outweigh those of the person concerned.

17. Right to information, Art. 19 GDPR

If the person affected has asserted a correction in accordance with Art. 16 DSGVO, a deletion of Art. 17 (1) GDPR or a restriction of processing pursuant to Art. 18 GDPR with respect to his personal data, the person responsible has all the recipients against whom the personal data Data of the person concerned were disclosed, informed of the request of the person concerned (as far as this was not impossible or associated with disproportionate effort), then the person concerned has the right to be informed by the person responsible about the recipient.

18. Right to Data Transferability, Art. 20 GDPR

The person affected has the right to receive personal data relating to him or her in a structured, common and machine-readable format, and has the right to transfer this data to another person without hindrance, provided that

  1. the processing on a consent according to Art. 6 para. 1 lit. a) or Art. 9 para. 2 lit. a) or on a contract pursuant to Art. 6 para. 1 lit. b) DSGVO is based and
  2. the processing is done by automated methods.

When exercising the right to data portability in accordance with paragraph 1, the data subject has the right to obtain that the personal data are transmitted directly by us to another person responsible, as far as this is technically feasible.

The exercise of the right to data portability is without prejudice to the right of cancellation under Art. 17 GDPR. The right to data portability does not apply to processing necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.

Rights and freedoms of other persons must not be affected.

19. Right of objection, Art. 21 GDPR

The person concerned has the right at any time, for reasons arising from his particular situation, against the processing of personal data relating to him which, on the basis of Article 6 (1) lit. e) or f) GDPR, objection is lodged; this also applies to profiling based on these provisions.

We no longer process personal information unless we can demonstrate compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject, or processing for the purpose of enforcing, pursuing or defending legal claims.

If personal data is processed in order to operate direct mail, then the data subject has the right to object at any time to the processing of personal data concerning him for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.

If the person affected objects to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

20. Automated decisions in individual cases including profiling, Art. 22 DSGVO

The person affected has the right not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on him or similarly significantly impairs it.

This does not apply if the decision

a) is required for the conclusion or performance of a contract between the person concerned and us,

(b) is permitted by Union or Member State legislation to which we are subject, and where such legislation contains adequate measures to safeguard the rights and freedoms and legitimate interests of the person concerned, or

c) with the express consent of the person concerned.

These decisions may not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2) lit. a) or g) GDPR and reasonable measures have been taken to protect the rights and freedoms as well as the legitimate interests of the data subject.

In the aforementioned cases of person affected rights, we take reasonable steps to uphold the rights and freedoms and legitimate interests of the person concerned, including at least the right to obtain the intervention of a person on our side, to express his or her own position and to challenge the decision belongs.

21. Right to a judicial remedy, Art. 79 GDPR

Without prejudice to any available administrative or extrajudicial remedy, including the right to complain to a supervisory authority under Article 77 GDPR, any interested party has the right to an effective judicial remedy, if he considers that the rights conferred on him by that regulation are not in conformity infringement of the processing of his personal data.

Any action brought against us or against a processor is the responsibility of the courts of the Member State in which we or the processor have a place of business. Alternatively, such actions may be brought before the courts of the Member State in which the person concerned is resident, unless we or the processor is an authority of a Member State acting in the exercise of its sovereign powers.

22. Contact and Responsible i.S.d. DSGVO

IND Berlin, vertreten durch Frau Nina Julia Walter

Budapester Straße 38-50

10787 Berlin

Deutschland

Telefon: +49 (0) 173 9263376

Website: https://www.ind-berlin.net

Email: info@ind-berlin.net

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