§ 9 -Datenschutzerklärung

This data protection declaration explains the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile (hereinafter collectively referred to as "online offer"). With regard to the terms used, such as "processing" or "person responsible", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible person

Address: „Architectbot“ GmbH, Steuer ID 193189471

Radialnaya Str 11B / 20a, 220070 Minsk, Belarus

support@architectbot.de

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

Categories of data subjects

Visitors and users of the online offer (in the following we also refer to the persons concerned as "users").

Purpose of processing

- Provision of the online offer, its functions and content.
- Answering contact requests and communicating with users.
- Safety measures.
- Reach measurement / marketing

Terms used

"Personal data" is all information that relates to an identified or identifiable natural person (hereinafter "data subject"); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more special features, which express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

“Processing” is any process carried out with or without the aid of automated processes or any such series of processes in connection with personal data. The term goes far and includes practically every handling of data.

"Pseudonymization" the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that guarantee that the personal data cannot be assigned to an identified or identifiable natural person.

"Profiling" means any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal To analyze or predict the preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.

“Responsible” means the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.

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

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 Para. 1 lit. Answering inquiries is Art. 6 Para. 1 lit.b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 Para. 1 lit.c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art . 6 para. 1 lit.f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6 (1) (d) GDPR serves as the legal basis.

Safety measures

In accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the type, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk for the rights and freedoms of natural persons, we make suitable technical and organizational measures to ensure a level of protection appropriate to the risk.

The measures include, in particular, securing the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, forwarding, ensuring availability and their separation. Furthermore, we have set up procedures that ensure the exercise of data subject rights, deletion of data and reaction to data threats. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly default settings (Art. 25 GDPR).

Cooperation with contract processors and third parties

If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit them to them or otherwise grant them access to the data, this is only done on the basis of legal permission (e.g. if the data is transmitted to third parties, such as to payment service providers, according to Art. 6 Para. 1 lit. b GDPR is required to fulfill the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.). 

If we commission third parties with the processing of data 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 we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this happens in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it happens to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only if the special requirements of Art. 44 ff. GDPR are met. This means that processing takes place e.g. on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU (e.g. for the USA through the "Privacy Shield") or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").

Data Subject Rights

You have the right to request confirmation as to whether the data in question is being processed and to request information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or, alternatively, in accordance with Art. 18 GDPR, to request a restriction on the processing of the data.

You have the right to request that you receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request that it be transmitted to other responsible parties. 

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

Right of withdrawal

You have the right to revoke your consent in accordance with Art. 7 Paragraph 3 GDPR with effect for the future

Right to object

You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection can in particular be made against processing for direct marketing purposes.

Cookies and right to object to direct mail

"Cookies" are small files that are stored on the users' computers. Various information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online offer and closes his browser. Such a cookie can, for example, store the contents of a shopping cart in an online shop or a login status. Cookies are referred to as "permanent" or "persistent" and remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. The interests of the users can also be stored in such a cookie, which are used for range measurement or marketing purposes. "Third-party cookies" are cookies that are offered by providers other than the person responsible for operating the online offer (otherwise, if it is only their cookies, they are referred to as "first-party cookies").

We can use temporary and permanent cookies and clarify this in the context of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.

A general objection to the use of cookies used for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US website http: / http://www.aboutads.info/choices/ or the EU side http://www.youronlinechoices.com/ be explained. Furthermore, cookies can be saved by deactivating them in the browser settings. Please note that you may then not be able to use all of the functions of this online offer.

Deletion of data

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

According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, more relevant for taxation Documents, etc.) and 6 years according to § 257 Paragraph 1 No. 2 and 3, Paragraph 4 HGB (commercial letters). 

According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with Section 132 (1) BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, list 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 that are provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

Agency services

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

We 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 of the contract, term), payment data (e.g., Bank details, payment history), usage and metadata (e.g. in the context of evaluating and measuring the success of marketing measures). In principle, we do not process special categories of personal data, unless these are part of a commissioned processing. Those affected include our customers, interested parties and their customers, users, website visitors or employees as well as third parties. The purpose of processing is to provide contractual services, billing and our customer service. The legal basis for processing results from Art. 6 Paragraph 1 lit. b GDPR (contractual services), Art. 6 Paragraph 1 lit. f GDPR (analysis, statistics, optimization, security measures). We process data that are necessary for the establishment and fulfillment of the contractual services and point out the necessity of their disclosure. Disclosure to external parties only takes place if it is necessary in the context of an order. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client and the legal requirements for order processing in accordance with Art. 28 GDPR and do not process the data for any purposes other than the purposes of the order.

We delete the data after the expiry of statutory warranty and comparable obligations. The necessity of storing the data is reviewed every three years; In the case of the statutory archiving obligations, the deletion takes place after their expiry (6 years, according to § 257 paragraph 1 HGB, 10 years, according to § 147 paragraph 1 AO). In the case of data that was disclosed to us in the context of an order by the client, we delete the data in accordance with the specifications of the order, generally after the end of the order.

Therapeutic services and coaching

Wir verarbeiten die Daten unserer Klienten und Interessenten und anderer Auftraggeber oder Vertragspartner (einheitlich bezeichnet als „Klienten“) entsprechend Art. 6 Abs. 1 lit. b) DSGVO, um ihnen gegenüber unsere vertraglichen oder vorvertraglichen Leistungen zu erbringen. Die hierbei verarbeiteten Daten, die Art, der Umfang und der Zweck und die Erforderlichkeit ihrer Verarbeitung, bestimmen sich nach dem zugrundeliegenden Vertragsverhältnis. Zu den verarbeiteten Daten gehören grundsätzlich Bestands- und Stammdaten der Klienten (z.B., Name, Adresse, etc.), als auch die Kontaktdaten (z.B., E-Mailadresse, Telefon, etc.), die Vertragsdaten (z.B., in Anspruch genommene Leistungen, Honorare, Namen von Kontaktpersonen, etc.) und Zahlungsdaten (z.B., Bankverbindung, Zahlungshistorie, etc.).

As part of our services, we can also process special categories of data in accordance with Art. 9 Paragraph 1 GDPR, in particular information on the health of clients, possibly with reference to their sex life or sexual orientation, ethnic origin or religious or ideological convictions . For this purpose, if necessary, in accordance with Art. 6 Paragraph 1 lit. a., Art. 7, Art. 9 Paragraph 2 lit. a. DSGVO an express consent of the clients and otherwise process the special categories of data for health care purposes on the basis of Art. 9 Para. 2 lit h. GDPR, Section 22 Paragraph 1 No. 1 b. BDSG.

If necessary for the fulfillment of the contract or by law, we disclose or transmit the client's data in the context of communication with other specialists, third parties that are necessary or typically involved in the fulfillment of the contract, such as billing offices or comparable service providers, provided that this is necessary for the provision of our services according to Art. 6 para. 1 lit b. GDPR serves, legally in accordance with Art. 6 Para. 1 lit c. DSGVO is prescribed to serve our interests or those of the clients in efficient and inexpensive health care as a legitimate interest in accordance with Art. 6 Para. 1 lit f. GDPR or in accordance with Art. 6 Para. 1 lit d. GDPR is necessary. to protect the vital interests of the client or another natural person or within the scope of consent in accordance with Art. 6 Para. 1 lit. a., Art. 7 GDPR.

The data will be deleted when the data is no longer required to fulfill contractual or legal duties of care or to deal with any warranty or comparable obligations, whereby the need to store the data is checked every three years; Otherwise, the statutory retention requirements apply.

External payment service providers

Wir setzen externe Zahlungsdienstleister ein, über deren Plattformen die Nutzer und wir Zahlungstransaktionen vornehmen können (z.B., jeweils mit Link zur Datenschutzerklärung, Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)

Im Rahmen der Erfüllung von Verträgen setzen wir die Zahlungsdienstleister auf Grundlage des Art. 6 Abs. 1 lit. b. DSGVO ein. Im Übrigen setzen wir externe Zahlungsdienstleister auf Grundlage unserer berechtigten Interessen gem. Art. 6 Abs. 1 lit. f. DSGVO ein, um unseren Nutzern effektive und sichere Zahlungsmöglichkeit zu bieten.

The data processed by the payment service providers include inventory data such as name and address, bank data such as account numbers or credit card numbers, passwords, TANs and checksums as well as contract, sums and recipient-related information. The information is required to carry out the transactions. However, the data entered will only be processed and stored by the payment service providers. This means that we do not receive any account or credit card-related information, only information with confirmation or negative information about the payment. Under certain circumstances, the data will be transmitted by the payment service provider to credit reporting agencies. The purpose of this transmission is to check your identity and creditworthiness. For this we refer to the terms and conditions and data protection information of the payment service providers.

For payment transactions, the terms and conditions and the data protection notices of the respective payment service providers apply, which can be called up within the respective websites or transaction applications. We also refer to these for the purpose of further information and assertion of rights of revocation, information and other data subjects.

contact

When contacting us (e.g. via the contact form, email, telephone or via social media), the information provided by the user is used to process and process the contact request in accordance with Art. 6 Para. 1 lit. b. (within the framework of contractual / pre-contractual relationships), Art. 6 Paragraph 1 lit. f. (other inquiries) GDPR processed .. The information provided by users can be processed in a customer relationship management system ("CRM system") or a comparable inquiry organization get saved.

We delete the inquiries if they are no longer required. We review the requirement every two years; The statutory archiving obligations also apply.

Online presence in social media

We maintain an online presence within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply. 

Unless otherwise stated in our data protection declaration, we process the data of the users as long as they communicate with us within the social networks and platforms, e.g. write articles on our online presence or send us messages

Integration of services and content from third parties

We use content or service offers from third-party providers within our online offer based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 Para. 1 lit. Integrate services such as videos or fonts (hereinafter referred to as “content”). 

This always presupposes that the third-party providers of this content perceive the IP address of the users, since they would not be able to send the content to their browser without the IP address. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers can also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information about the use of our online offer, as well as being linked to information from other sources.

Google ReCaptcha

We integrate the function for recognizing bots, e.g. when entering into online forms ("ReCaptcha") from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Data protection: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Instagram

Functions and contents of the Instagram service, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA, can be integrated into our online offer. This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Instagram. If the users are members of the Instagram platform, Instagram can assign the above-mentioned content and functions to the profiles of the users there. Instagram privacy policy: http://instagram.com/about/legal/privacy/.

Erstellt mit Datenschutz-Generator.de von RA Dr. Thomas Schwenke

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