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All data is given in accordance with §5 TMG and GDPR laws:

Data protection declaration:

This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") in my online offer and the associated websites, functions and contents as well as external websites, e.g. my social media profile (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "processing" or "person responsible", I refer to the definitions in Art. 4 of the Basic Data Protection Ordinance (GDPR).

Type of data processed:
- Inventory data (for example, names, addresses)
- Contact details (e.g. e-mail, telephone numbers)
- Content data (e.g. text input, photos, videos)
- Usage data (e.g. visited websites, interest in content, access times)
- Meta/communication data (e.g. device information, IP addresses)

Affected groups of persons:
Visitors and users of the online offer (hereinafter referred to as "users").

Purpose of processing:
- Provision of the online offer, its functions and contents
- Answer contact requests and communicate with users
- Security measures
- Range measurement/marketing

Terms used:
"Personal data" means any information about an identified or identifiable natural person (hereinafter referred to as "data subject"); an identifiable natural person is a person who 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 (e.g. cookie) or one or more special features expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

"Processing" means any operation or series of operations carried out with or without the aid of automated procedures relating to personal data. The term goes far and covers practically every handling of data.

"Pseudonymization" means the processing of personal data in such a way that the personal data cannot be attributed to a particular person without the use of additional information, provided that this additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

"Profiling" means any automated processing of personal data consisting in the use of such personal data to evaluate certain personal aspects of a natural person, in particular to analyze or predict aspects of his/her work performance, economic situation, health, personal preferences, interests, reliability, conduct, location or transfer.

"Responsible" means the natural or legal person, authority, institution or other body which alone or together with others decides on the purposes and means of processing personal data.

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

Applicable legal bases:
In accordance with Art. 13 GDPR, I inform you about the legal basis of my data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining permits is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing my services and carrying out contractual measures and for responding to enquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil my legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect my legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, § 6 para. 1 letter d GDPR serves as the legal basis.

Safety precautions:
I take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons pursuant to Art. 32 GDPR.

These measures include in particular ensuring the confidentiality, integrity and availability of data by controlling physical access to, access, input, transmission, security of availability and its separation. In addition, I have established procedures to ensure the exercise of the rights of data subjects, the deletion of data and the reaction to a threat to the data. Furthermore, I already consider the protection of personal data during the development or selection of hardware, software and procedures according to the principle of data protection through technology design and data protection-friendly presettings (§ 25 GDPR).

Cooperation with contract processors and third parties:
Insofar as I pass on data to other persons and companies (contractors or third parties) within the scope of my processing, transmit or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a passing on of the data to third parties, e.g. payment service providers, in accordance with Art. 6 paragraph 1 letter b GDPR is required for contract fulfilment), if you have consented, if a legal obligation provides for this or on the basis of my legitimate interests (e.g. in the use of agents, web hosts etc.).

Insofar as I commission third parties with data processing on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.

Transfers to third countries:
If I process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in connection with the use of third-party services or the transfer or passing on of data to third parties, this only takes place if this occurs in order to fulfil my (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of my legitimate interests. Subject to legal or contractual approvals, I process or transfer the data in a third country only if the special requirements of Art. 44 ff. GDPR procedure. This means, for example, that processing is carried out on the basis of special guarantees, such as the officially recognised determination of a data protection level corresponding to the EU (e.g. for the USA by the "Privacy Shield") or compliance with officially recognised special contractual obligations (so-called "standard contractual clauses").

Rights of data subjects:
You have the right to request confirmation of whether the data concerned are being processed and information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

In accordance with Article 16 of the DSBER, you have the right to request the integration of the data concerning you or the correction of incorrect data.

In accordance with Art. 17 GDPR, you have the right to the immediate deletion of relevant data or, alternatively, a restriction on data processing in accordance with Art. 18 GDPR.

You have the right to request that the data concerning you that you have made available to us be requested in accordance with Art. 20 GDPR and its transmission to other persons responsible.

In accordance with Art. 77 GDPR, you also have the right to file a complaint with the competent supervisory authority.

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Right of revocation:
You have the right to grant consents pursuant to Art. 7 para. 3 GDPR with future effect.

Right of objection:
You may object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection may be raised in particular against processing for direct marketing purposes.

Privacy policy:
I as operator of this website, take the protection of your personal data very seriously!
I treat your personal data confidentially and in accordance with the legal data protection regulations as well as this data protection statement. The use of my website is normally possible without giving personal data. As far as personal data is collected on my pages (e.g. name, address or e-mail addresses), this is always done on a voluntary basis wherever possible. These data will not be passed on to third parties without your express consent. I would like to point out that data transmission on the Internet (for example, when communicating via e-mail) can have security gaps. A complete protection of the data from access by third parties is not possible.

Deletion of data:
The data processed by myself will be deleted or their processing restricted in accordance with Articles 17 and 18 GDPR. Unless expressly stated in this data protection declaration, the data stored by myself will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, the storage is carried out in particular for 10 years in accordance with §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, trading books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).

In accordance with legal requirements in Austria, storage is carried out in particular for 7 years in accordance with § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services which are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

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Agency services:
I process our customers' data as part of our contractual services, which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, implementation of campaigns and processes / handling, server administration, data analysis / consulting services and training services.

 I process inventory data (e.g., customer master data, such as names or addresses), contact data (e.g., e-mail, telephone numbers), content data (e.g., text entries, photographs, videos), contract data (e.g., subject matter of the contract, term), payment data (e.g., bank details, payment history), usage and metadata (e.g. as part of the evaluation and performance measurement of marketing measures). I do not process special categories of personal data unless these are part of commissioned processing. This includes our customers, prospects, their customers, users, website visitors or employees, as well as third parties. The purpose of the processing is to provide contractual services, billing and our customer service. The legal basis for processing results from Art. 6 para. 1 lit. b GDPR (contractual services), Art. 6 para. 1 lit. f GDPR (analysis, statistics, optimisation, safety measures). I process data which are necessary to justify and fulfil the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary within the framework of an order. When processing the data provided to us within the scope of an order, I act in accordance with the instructions of the client and the legal requirements for order processing pursuant to Art. 28 GDPR and process the data for no other purposes than those stipulated in the order. I delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is checked every three years; in the case of statutory archiving obligations, the data is deleted after their expiry (6 years, in accordance with § 257 Paragraph 1 HGB, 10 years, in accordance with § 147 Paragraph 1 AO). In the case of data disclosed to us within the scope of an order by the customer, I delete the data in accordance with the specifications of the order, generally after the end of the order.

Administration, financial accounting, office organization, contact management:
I process data within the framework of administrative tasks as well as the organisation of my company, financial accounting and compliance with legal obligations, e.g. archiving. I process the same data that I process in the course of providing my contractual services. The processing bases are Art. 6 para. 1 lit. c. GDPR, Art. 6 para. 1 lit. f. GDPR. Customers, prospects, business partners and website visitors are affected by the processing. The purpose and my interest in the processing lies in the administration, financial accounting, office organization, archiving of data, thus tasks which serve the maintenance of my business activities, perception of my tasks and provision of my services. The deletion of the data with regard to contractual services and contractual communication corresponds to the information provided in these processing activities. I disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.

 Furthermore, I store information on suppliers, event organisers and other business partners on the basis of my business interests, e.g. for the purpose of making contact at a later date. I store this data, which is mainly company-related, permanently.

Collection of access data and log files:
I, or my hosting provider, collect the following data on the basis of my legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR on each access to the server on which this service is located (so-called server log files). Access data includes the name of the accessed website, file, date and time of access, transferred data volume, 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.

Log file information is stored for a maximum of 7 days for security reasons (e.g. to investigate misuse or fraud) and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.

This data can not be assigned to specific persons! A merge of this data with other data sources will not be done! I reserve the right to check this data retrospectively, if I become aware of specific indications for illegal use.

Liability for content:
My portfolio contains links to external websites of third parties on whose contents I have no influence. The respective provider or operator of these pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking, at which, illegal content was not recognizable in any way. I do not adopt the content of the websites linked to, but rather refer, similar to a footnote, to further information on the respective topic. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of violations, I will remove such links immediately after examination of the facts. If you notice a violation of the rights of third-party websites linked by us, I therefore ask for a hint.

Online presence in social media:
I maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them about my services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply. 

Unless otherwise stated in my privacy policy, I process the data of users who communicate with me within social networks and platforms, e.g. write articles on my websites or send me messages.

© 2020 by Matteo Wiesheu
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