The responsible party within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is TL-Media UG (haftungsbeschränkt), Kaiserstr. 9, 51545 Waldbröl, represented by the Managing Director Julien Quadt (hereinafter referred to as the "responsible party" or "we" or "us").
A. General Information on Data Processing
1) Personal Data
Personal data is individual information about personal or factual circumstances of a specific or identifiable natural person. This includes information such as name, address, telephone number and e-mail address, but also the IP address that can be assigned to a connection. Information that is not directly associated with the identity of a person - such as favorite websites or the number of users of a site - is not personal data.
2) Scope of the Processing of Personal Data
As a matter of principle, we collect and use personal data of our users only to the extent that this is necessary for the provision of a functional website as well as our contents and services. The collection and use of personal data of our users is regularly carried out only with the consent of the user. An exception applies in those cases where it is not possible to obtain prior consent for factual reasons and the processing of the data is permitted by legal regulations.
3) Legal Basis for the Processing of Personal Data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6 (1) (a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) DSGVO serves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
If the processing is necessary to protect a legitimate interest of our company or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 (1) f DSGVO serves as the legal basis for the processing.
4) Data Deletion and Storage Period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. In addition, storage may take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
B. Provision of the Website and Creation of Log Files
Every time our website is accessed, data and information is collected by an automated system.
The following data is collected:
(1) Information about the browser type and version used.
(2) The operating system of the user
(3) The IP address of the user
(4) Date and time of access
(5) Websites from which the user's system accessed our website (referrer)
(6) The address (URL) of the page accessed and call parameters transmitted by the browser.
This data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
Legal Basis for the Data Processing
The legal basis for the temporary storage of the data and the log files is Art. 6 para. 1 lit. f DSGVO.
Purpose of Data Processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the connection of the user's system with our system.
The storage in log files is done to ensure the functionality of the website. In addition, we use the data to optimize the website and to ensure the security of our information technology systems.
Thus, the storage also serves the prosecution in case of payment fraud, the protection of our systems against attacks and misuse as well as quality assurance. An evaluation of the data for marketing purposes does not take place in this context.
These purposes are also our legitimate interest in data processing according to Art. 6 para. 1 lit. f DSGVO.
Duration of Storage
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. In the case of the collection of data for the provision of the website, this is the case when the respective connection has been closed.
In the case of storage of data in log files, this is the case after seven working days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
Possibility of Objection and Removal
The collection of data for the provision of the website and the storage of the data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
C. Use of Cookies
Our Internet pages use "cookies" in several places. Cookies are small text files that are stored on your computer and saved by your browser. This makes it possible to store specific information related to you, the user, on your PC while you are visiting one of our web sites. Cookies help to determine the frequency of use and the number of users of a website, as well as to make the internet offer as comfortable and efficient as possible for you.
We only use "session cookies", which are only temporarily stored for the duration of your use of one of our web pages. "Session cookies" are automatically deleted after you close the browser.
Legal Basis for Data Processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) lit. f DSGVO.
Purpose of the Data Processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognized even after a page change.
The user data collected through technically necessary cookies are not used to create user profiles.
Duration of Storage
Cookies are stored on the user's computer and transmitted from it to our site. Therefore, you as a user also have full control over the use of cookies. By changing the settings in your Internet browser, you can disable or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all website functions to their full extent. Session cookies are automatically deleted after closing the browser.
Possibility of Objection and Removal
It is also possible to use our website without cookies. You can deactivate the storage of cookies in your browser, limit it to certain websites or set your browser to notify you as soon as a cookie is sent. Please note, however, that in this case you must expect a restricted display of the page and a restricted user guidance.
D. Details During the Purchase Process
If you would like to use our offers as a customer without censorship or restrictions, you must conclude a membership contract and provide personal data. In the event of the conclusion of a contract for the paid use of the content provided by us, the data entered by you in this context in the respective input mask will be transmitted to us. The conclusion of a membership contract requires the specification of the first name and surname, an e-mail address and the complete address.
At the time of the conclusion of the purchase, the IP address of the user and the date and time of registration are also stored.
Legal Basis for Data Processing
The legal basis for the processing of data is Art. 6 (1) lit. b DSGVO, as the data collected serves exclusively to fulfill a contract to which the user is a party or to carry out pre-contractual measures.
Purpose of Data Processing
The collection of the aforementioned data is necessary for the conclusion of a membership contract. Only with the help of this data can a contract with the user be concluded or initiated. The data entered when concluding the contract is also used and required as access data for logging in to our membership site.
Duration of Storage
Upon conclusion of the contract, the customer receives access to a secure area of our website, where he can view all content uncensored. The data will be stored for the duration of the membership and will be deleted after the end of the membership and after the expiration of the commercial and tax law requirements, unless you have revoked your consent to data storage or have instructed us to delete this data beforehand.
Possibility of Objection and Removal
As a user, you have the option at any time to have the data stored about you changed. Independently of this, you have the right to object to the processing of your data. However, exercising this right of objection will mean that you will no longer be able to exercise your membership for lack of access data.
E. Contact via E-Mail or Contact Form
1) A contact form is integrated on our website, which can be used for electronic contact. Alternatively, it is possible to contact us via the e-mail address provided.
If you contact us via the contact form, your first and last name, your e-mail address, the subject you selected and the message you entered will be transmitted to us in any case. In addition, the date and time of the request is stored. For the processing of the data, your consent is obtained during the sending process and reference is made to this privacy policy.
In the case of contacting us by e-mail, in addition to the message and your e-mail address, the sender ID is also transmitted and stored by us.
The data is used exclusively for processing the conversation.
Legal Basis for Data Processing
The legal basis for the processing of data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO. If an e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.
Purpose of the Data Processing
The processing of personal data from the input mask serves us solely to process the contact and to answer your inquiry. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
Duration of Storage
The data will be deleted after the expiry of the retention obligations under commercial and tax law.
Possibility of Objection and Removal
The user has the possibility to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he can object to the storage of his personal data at any time. In such a case, the conversation cannot be continued. The revocation can be made by sending an e-mail or by contacting us by telephone or mail.
All personal data stored in the course of contacting us will be deleted in this case, unless storage is necessary for commercial or tax obligations.
F. Other Disclosure of Data to Third Parties
Since you can only receive our products digitally, we do not pass on any personal data to third parties such as parcel service providers.
However, since we do not carry out your payment ourselves, the collection, processing and storage of data for the processing of electronic payment transactions is carried out exclusively by PayPal. In the course of carrying out the payment, we pass on your name, e-mail address, address and the payment information of your purchase to Paypal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for the payment processing.
In the case of payment by paypal invoice or installment payment, PayPal performs a risk check and decides whether a payment by means of the payment source selected by you is possible. For this purpose, your payment data may be disclosed to credit agencies in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of PayPal's legitimate interest in determining your solvency. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The creditworthiness information may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection law, including information on the credit agencies used, please refer to PayPal's data protection declaration: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
G. Rights of the Person Concerned
If personal data is processed by you, you are a data subject within the meaning of the GDPR and you have the following rights against us ("the responsible party"):
1) Right of Access
You may request confirmation from us as to whether personal data concerning you is being processed by us.
If such processing exists, you may request information from us about the following:
a. the purposes for which the personal data are processed;
b. the categories of personal data which are processed;
c. the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
d. the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
e. the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
f. the existence of a right of appeal to a supervisory authority;
g. any available information about the origin of the data, if the personal data are not collected from the data subject;
h. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information about whether the personal data concerning you are transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 DS-GVO in connection with the transfer.
2) Right to Rectification
You have a right to rectification and/or completion vis-à-vis us, insofar as the processed personal data concerning you are inaccurate or incomplete. We will carry out the rectification without delay.
3) Right to Deletion
3.1) You may also request us to delete the personal data concerning you without undue delay, and we shall be obliged to delete such data without undue delay, if one of the following reasons applies:
a. The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
b. You revoke your consent on which the processing was based pursuant to Art. 6 (1) a or Art. 9 (2) a DS-GVO and there is no other legal basis for the processing.
c. You object to the processing pursuant to Art. 21 (1) DS-GVO and there are no overriding legitimate grounds for the processing, or the You object to the processing pursuant to Art. 21 (2) DS-GVO.
d. The personal data concerning you has been processed unlawfully.
e. The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
f. The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8(1) DS-GVO.
3.2) The right to erasure does not exist insofar as the processing is necessary
a. for the exercise of the right to freedom of expression and information;
b. for compliance with a legal obligation to which we are subject under Union or Member State law, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
c. for reasons of public interest in the area of public health pursuant to Art. 9 (2) (h) and (i) and Art. 9 (3) DS-GVO;
d. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) DS-GVO, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
e. for the assertion, exercise or defense of legal claims.
4) Right to Restriction of Processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:
a. if you dispute the accuracy of the personal data concerning you for a period of time that allows us to verify the accuracy of the personal data;
b. the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
c. we no longer need the personal data for the purposes of processing, but you need it for the assertion, exercise or defense of legal claims; or
d. if you have objected to the processing pursuant to Article 21 (1) DS-GVO and it is not yet clear whether legitimate reasons on our part outweigh your reasons.
If the processing of personal data relating to you has been restricted, this data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed before the restriction is lifted.
5) Right to Information
If you have exercised the right to rectification, erasure or restriction of processing, we are obliged to inform all recipients to whom the personal data concerning you has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort.
You also have the right to be informed about these recipients.
6) Right to Data Portability
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance from the controller to whom the personal data was provided, provided that
a. the processing is based on consent pursuant to Art. 6 (1) a DS-GVO or Art. 9 (2) a DS-GVO or on a contract pursuant to Art. 6 (1) b DS-GVO and
b. the processing is carried out with the help of automated procedures.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7) Right to Object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) of the DS-GVO; this also applies to profiling based on these provisions.
After an objection, we will no longer process the personal data concerning you, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
8) Right to Revoke Your Declaration of Consent under Data Protection Law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
9) Automated Decision in Individual Cases Including Profiling
You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
a. is necessary for the conclusion or performance of a contract between you and the controller,
b. is permitted by legal provisions of the Union or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedoms as well as your legitimate interests; or
c. is made with your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) DS-GVO, unless Art. 9(2)(a) or (g) applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in a. and c., the controller shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.
10) Right to Complain to a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, workplace or the place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the GDPR.