The data protection declarations made here supplement and expand upon the entry into force of the new General Data Protection Regulation (DSGVO) on May 25, 2018, the privacy statements already made at www.swing-it.de/en/imprint.html >> Data Protection Declaration.
Swing IT GmbH
Managing Directors: Hagen Fiehn, Daniel Lohn
Types of processed data
- Inventory data (e.g., names, addresses).
- contact information (e.g., e-mail, phone 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 affected persons
Visitors and users of the online offer (hereinafter we refer to the affected persons as "users").
Purpose of processing
- Provision of the online offer, its functions and contents
- Answering contact requests and communicating with users (only via email client)
- Safety measures
- Reach Measurement / Marketing
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (eg cookie) or to one or more special features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
"Processing" means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data.
"Pseudonymisation" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data not assigned to an identified or identifiable natural person.
"Profiling" means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health, personal To analyze or predict preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
"Responsible person" means the natural or legal person, public authority, body or body that decides, alone or in concert with others, on the purposes and means of processing personal data.
"Processor" means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. a and Art. 7 DSGVO, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO, and the legal basis for processing in order to safeguard our legitimate interests is Article 6 (1) lit. f DSGVO. In the event that vital interests of the affected or another natural person makes processing of personal data necessary, Art. 6 (1) lit. d DSGVO serves as legal basis.
We take into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms in accordance with Art. 32 GDPR of natural persons, appropriate technical and organizational measures to ensure a level of protection commensurate with the risk.
Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to and access to the data Input, disclosure, securing availability and their separation. We have also set up procedures to ensure the enjoyment of data subject rights, data deletion and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 GDPR).
Collaboration with contract processors and third parties
Provided that in the context of our processing we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (eg if a transmission of data to third parties, such as payment service providers, acc. Article 6 (1) (b) DSGVO is required to fulfill the contract), they have consented to a legal obligation or on the basis of our legitimate interests (eg the use of agents, webhosters, etc.).
If we commission third parties to process data on the basis of a so-called "contract processing contract", this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we use data in a third country (i.e. outside of the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third party services or disclosure, or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual Duties, 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 in the presence of the special conditions of Art. 44 et seq. DSGVO. That the processing is e.g. on the basis of specific guarantees, such as the officially recognized level of data protection (eg for the US through the "Privacy Shield") or the observance of officially recognized special contractual obligations (so-called "standard contractual clauses".)
Rights of data subjects
You have the right to ask for a confirmation as to whether the data in question are being processed and for information about this data as well as for further information and a copy of the data in accordance with Art. 15 GDPR.
In accordance with Art. 16 DSGVO you have the right to demand 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, to require a restriction of the processing of data in accordance with Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained in accordance with Art. 20 GDPR and request their transmission to other persons responsible.
In accordance with Art. 77 DSGVO you have the right to file a complaint with the competent supervisory authority.
You have the right to consent granted in accordance with. Art. 7 para. 3 DSGVO with effect for the future.
Right of objection
You can object to the future processing of your data in accordance with Art. 21 GDPR at any time. The objection may in particular be made against processing for the purpose of direct advertising.
Cookies and right of objection in the case of direct advertising
The term "cookies" refers to small files that are stored on users' computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his 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. In such a cookie, e.g. the contents of a shopping cart in an online shop or a login status are saved. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, e.g. the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A "third-party cookie" means a cookie offered by a provider other than the person responsible for providing the online offer (otherwise they are called "first-party cookie").
Provided that users do not want cookies to be stored on their computer, they are asked to disable the appropriate option in the system settings of your browser. Saved cookies can be deleted in the system settings of the browser.
The exclusion of cookies can lead to functional limitations of this online offer. A general objection to the use of the cookies used for the purpose of online marketing can in a variety of services, especially in the case of tracking, on the US side http: // www. aboutads.info/choices/or the EU page http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that it may not be possible to use all the features of this online offer.
See also: https://www.swing-it.de/en/imprint.html#Cookies
Deletion of data
According to legal requirements in Germany, the storage takes place in particular for 10 years in accordance with § § 147 Abs. 1 AO, 257 Abs. 1 No. 1 and 4, Abs. 4 HGB (Books, records, management reports, accounting documents, trading books, documents relevant to taxation, etc.) and 6 years pursuant to § 257 (1) nos. 2 and 3, para. 4 HGB (commercial letters).
According to legal requirements in Austria, storage takes place in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with land and for 10 years in documents related to electronically provided services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States for which the Mini-One-Stop-Shop (MOSS) is used.
Business related processing
In addition, we process
- contract data (eg, subject matter, term, customer category)
- payment data (eg, bank details, payment history)
from our customers, prospects and business partners for the purpose of providing contractual services, customer care and service, marketing, advertising and market research.
We process our clients' data as part of our contractual services which include conceptual and strategic consulting, campaign planning, software and design development / consulting or maintenance, campaign / process / handling implementation, server administration, data analysis / consulting services and training services.
Here we process inventory data (eg, customer master data, such as names or addresses), contact data (eg, e-mail, telephone numbers), content data (eg, text input, photographs, videos), contract data (eg, subject matter, term), payment data (eg, bank details, Payment history), usage and metadata (e.g. as part of the evaluation and success measurement of marketing measures). In principle, we do not process special categories of personal data, unless these are components of a commissioned processing. Those affected include our customers, prospects and their customers, users, website visitors or employees as well as third parties. The purpose of the processing is the provision of contract services, billing and our customer service. The legal bases of the processing arisefrom Art. 6 para. 1 lit. b DSGVO (contractual services), Art. 6 para. 1 lit. f DSGVO (analysis, statistics, optimization, security measures). We process data that are necessary for the establishment and performance of the contractual services and indicate the necessity of their information. Disclosure to external parties will only be made if required by an order. When processing the data provided to us within the framework of an order, we act in accordance with the instructions of the client as well as with the legal requirements of order processing pursuant to Art. Art. 28 DSGVO and process the data for no other purpose than the order.
We delete the data after expiration of statutory warranty and similar obligations. the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiry (6 years, pursuant to § 257 (1) HGB, 10 J, in accordance with § 147 (1) AO). In the case of data that has been disclosed to us in the context of an order by the client, we delete the data according to the specifications of the contract, in principle after the end of the contract.
We process the data of our contractors and prospects as well as other clients, customers, clients , Clients or contractual partners (uniformly referred to as "contractual partners") in accordance with Art. 6 para. 1 lit. b. DSGVO in order to provide you with our contractual or pre-contractual services. The processed data, the nature, the scope and purpose and the necessity of their processing, are determined by the underlying contractual relationship.
The processed data includes the master data of our contractual partners (eg, names and addresses), contact information (eg e-mail addresses and Telephone numbers) as well as contract data (eg, used services, contract contents, contractual communication, names of contact persons) and payment data (eg, bank details, payment history).
We do not process special categories of personal data, unless they are part of a commissioned or contractual processing.
We process data required to justify and perform the contractual services and indicate the necessity of providing them, if this is not evident to the contractual partners. Disclosure to external persons or companies will only be made if required by a contract. When processing the data provided to us within the scope of an order, we act in accordance with the instructions of the client as well as the legal requirements.
In the context of using our online services, we can use the IP address (shortened by the last 3 digits (255.255.255.000), see also https://www.swing-it.de/de/impressum.html, privacy statements) and save the time of the respective user action. The storage is based on our legitimate interests, as well as the interests of the user in the protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place, unless it is to pursue our claims acc. Art. 6 para. 1 lit. f. DSGVO required or there is a legal obligation in accordance with. Art. 6 para. 1 lit. c. DSGVO.
Deletion of the data takes place when the data for the fulfillment of contractual or statutory duties of care and dealing with any warranty and similar obligations is no longer required, the necessity of keeping the data is reviewed every three years; otherwise, the statutory retention requirements apply.
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks and organization of our operations, financial accounting and compliance with legal obligations, such. archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lies in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data in terms of contractual services and contractual communications is in line with the information provided in these processing activities.
We disclose or transmit data to the tax authorities, consultants such as tax accountants or auditors and other fee agents and payment service providers.
We also store, based on ourBusiness interests, Information on suppliers, organizers and other business partners, e.g. for later contact. The majority of our business-related data is stored permanently.
The hosting services we use are for the purpose of providing the following services: infrastructure and platform services, computing capacity, storage and database services, security and technical maintenance services we use to operate this online offering.
We hereby, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer acc. Art. 6 para. 1 lit. f DSGVO i.V.m. Art. 28 DSGVO (conclusion of contract processing contract).
Collection of access data and logfiles
We, or our hosting provider, collects on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO Data on every access to the server on which this service is located (so-called server log files). The access data includes name of the retrieved web page, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Logfile information is stored for security reasons (eg to investigate abusive or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidential purposes is excluded from the deletion until the final clarification of the respective incident.
Incorporation of Services and Third Party Content
We use our online offer on the basis of our legitimate interests (ie interest in the analysis, optimization and economic operation of our Online offer within the meaning of Art. 6 para. 1 lit. fs. DSGVO) content or service offers from third-party providers to their content and services, such as Including videos or fonts (collectively referred to as "content" below).
This always assumes that the third party providers of this content will perceive the IP address of the users, as they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to 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 may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information about using our online offer.