This privacy policy clarifies the nature, scope and purpose of the processing of personal data (hereafter “data”) within my online offering and the related websites, features and content, as well as external online presence, such as web sites. My Social Media Profile (collectively referred to as “Online Offering”). With regard to the terminology used, e.g. “Processing” or “Responsible” I refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible
Thomas Pham
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.
- Safety measures.
Relevant legal bases
In accordance with Art. 13 DSGVO, I inform you of the legal basis of my 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 data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
Limitation of liability for internal content
The content of my website has been compiled with meticulous care and to the best of my knowledge. However, I cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), I as service provider am liable for my own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, I as service provider am not under obligation to monitor external information provided or stored on my website. Once I have become aware of a specific infringement of the law, I will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to me.
Limitation of liability for external links
My website contains links to the websites of third parties („external links“). As the content of these websites is not under my control, I cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to me. As soon as an infringement of the law becomes known to me, I will immediately remove the link in question.
Copyright
The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.
Data Protection
A visit to my website can result in the storage on my server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. Any forwarding of the data to third parties without the express consent of the user shall not take place.
I would like to expressly point out that the transmission of data via the Internet (e.g., by e-mail) can offer security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. I cannot assume any liability for damages arising as a result of such security vulnerabilities.
The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.
Collaboration with processors and third parties
If, in the context of my processing, I disclose data to other persons and companies (processors or third parties), transfer them to or otherwise grant access to the data, this is done only on the basis of a legal permission (eg if the data is transmitted to third parties, as required by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the contract), you have consented to a legal obligation or based on our legitimate interests (eg the use of agents, webhosters, etc.).
If I entrust 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 I process data in a third country (ie outside the European Union (EU) or the European Economic Area (EEA)) or when using third party services or disclosing or transmitting data to third parties, this will only be done if it is to fulfill my (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of my legitimate interest. Subject to legal or contractual permissions, I process or let the data 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 compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Cookies and right to object in direct mail
“Cookies” are 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 service 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” refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called “first-party cookies”).
I can use temporary and permanent cookies and clarify this as part of my privacy policy.
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser’s system settings. 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.
Deletion of data
The data processed by me will be deleted or restricted in accordance with Art. 17 and 18 GDPR. Unless explicitly stated in this privacy policy, the data stored in my account will be deleted as soon as they are no longer required for their intended purpose and the deletion does not conflict with any statutory storage requirements. Unless the data is deleted because it is required for other and legitimate purposes, its processing will be restricted. That The data is blocked and not processed for other purposes. This applies, for example for 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, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).
According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 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 in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
Google Analytics
Based on my legitimate interests (i.e., interest in the analysis, optimization, and economic operation of my online offering within the meaning of Art. 6 (1) lit. DSGVO), Google Analytics uses a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the users are usually transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on my behalf to evaluate the use of my online offer by the users, to compile reports on the activities within this online offer and to provide us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
I only use Google Analytics with activated IP anonymization. This means that the IP address of the users will be shortened by Google within 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 IP address submitted by the user’s browser will not be merged with other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; Users may also prevent the collection by Google of the data generated by the cookie and related to its use of the online offer and the processing of such data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
For more information about Google’s data usage, hiring and disparaging options, please read Google’s Privacy Policy (https://policies.google.com/technologies/ads) and Google’s Ads Ads Settings (https: // adssettings.google.com/authenticated).
The personal data of users will be deleted or anonymized after 14 months.
Google Universal Analytics
I use Google Analytics in the design as “Universal Analytics”. “Universal Analytics” means a process of Google Analytics, in which the user analysis is based on a pseudonymous user ID and thus a pseudonymous profile of the user is created with information from the use of different devices (so-called “cross-device tracking”).
Integration of services and contents of third parties
Within my online offer on the basis of my legitimate interests (ie interest in the analysis, optimization and economic operation of my online offer within the meaning of Art. 6 para. 1 lit. DSGVO) content or service offers from third-party providers to their content and Services, such as Include videos or fonts (collectively referred to as “content”).
This always presupposes that the third-party providers of this content perceive the IP address of the users, since 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. I strive to use only those content whose respective providers use the IP address only to deliver 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 regarding the use of our online offer.
Youtube
I embed the videos on the YouTube platform of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google fonts
I embed the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.
Google ReCaptcha
I associate the function for detecting bots, e.g. when entering into online forms (“ReCaptcha”) of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, opt-out: https://adssettings.google.com/authenticated.