Data protection declaration for the processing of data in accordance with Art. 13 EU Data General Data Protection Regulation (GDPR)
We, the Aqipa GmbH (hereinafter referred to as “Company”), are pleased that you visit our website http://www.esoteric-highend.eu.
Data protection and data security are very important to our management at Company. Therefore, we want to inform you about which of your personal data we collect when you visit our website and for which purposes it is used.
Since legislative amendments or changes in our internal processes may make it necessary to adapt this data protection declaration, we would ask you to read this data protection declaration regularly.
This data protection declaration applies to the Internet offer of the company which can be accessed under the domain http://www.esoteric-highend.eu as well as the various subdomains and individual pages (hereinafter collectively referred to as “website”).
§ 1 Definitions
The data protection declaration of the Company is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
1) Personal Data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2) Data Subject
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
4) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
7) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
10) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
§ 2 Contact
1) Name and address of the Controller
Controller according to General Data Protection Regulation is:
Mag. Christian Schlechter
Möslbichl 78, 6250 Kundl
2) Name and address of the Data Protection Officer
Data protection officer of the Controller is:
§ 3 Rights of the Data subject
We take the protection of your personal data seriously and want to protect your rights. We therefore only store your personal data for as long as this is permitted by law for the purposes stated below.
The stored personal data will therefore be deleted if the storage of this data is no longer necessary to fulfil the purpose for which it was stored.
We would like to point out that the provision of your data is neither required by law nor by contract, nor is it necessary for the conclusion of a contract. However, failure to provide the data may result in you not being able to use certain functions/services on our website.
We would also like to draw your attention to your rights, in particular the right to
- Information, which data we have stored to your person;
- Rectification, should despite our efforts for correct and current data wrong data be stored with us;
- Erasure of your data, unless there is an exceptional case which entitles to further processing;
- Restriction of processing, if there is a legitimate reason for doing so;
- Object against the processing of the data;
- copy the data and, if necessary, to transmit (right to data portability) the data to other controllers;
- Revocation of your consent with effect for the future, if you have given us your consent for the processing of your data.
In all the above cases, please contact us:
Mag. Christian Schlechter
Möslbichl 78, 6250 Kundl
If you have any questions, please do not hesitate to contact us and our data protection officer.
If you have reason to complain, you can also contact a supervisory authority. The supervisory authority primarily responsible for us is:
Bayerisches Landesamt für Datenschutzaufsicht (BayLDA)
Tel.: +49 (0) 981 53 1300
Fax: +49 (0) 981 53 98 1300
§ 4 Collection of personal data, cookies and types of use
Depending on which of the functions or services of our website you use, it may be necessary to use your personal data. Your personal data will not be used for the types of use specified in this data protection declaration.
1) Informational use of the website
When using the website for information purposes only, if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6 para. 1 lit. f) GDPR):
- Date and time of request
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (specific page)
- Access Status/HTTP Status Code
- the amount of data transferred in each case
- Website from which the request comes
- Operating system and its interface
- Language and version of the browser software.
We use so-called “cookies”. Cookies are small text files that are sent to your browser by our web server within the framework of your visit to our website and are provided by us on your end device for late retrieval. We only use so-called Session-Cookies (also referred to as “temporary Cookies”), i.e. those that are temporarily stored exclusively for the duration of your use of one of our websites.
The cookies used serve in particular for this purpose, determine the frequency of use and the number of users of our websites and identify your end device during a visit to our website or when you switch from one of our web sites to another one and determine the end of your visit. This tells us which area of our website and which other websites our users have visited.
a) This website uses the following types of cookies, the scope and functioning of which are explained below:
– Transient Cookies (see b)
– Persistent Cookies (see c).
b) Transient cookies are automatically deleted when you close your browser. This includes in particular the session cookies. These store a so-called session ID, with which different requests of your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close your browser.
c) Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.
d) You can configure your browser settings according to your wishes and, for example, refuse the acceptance of third party cookies or all cookies. Please note that you may not be able to use all functions of this website.
3) Contact possibility via the website
The website of the Company contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties. We have no influence on the form of encryption when contacting us directly by e-mail.
4) Data protection provisions about the application and use of Google Analytics (with anonymization function)
On this website, the controller has integrated the component of Google Analytics (with the anonymizer function).
The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.
For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.
Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.
Additionally, the Company has concluded a data processing agreement with Google Inc, This means that Google collects the following personal data for the Company for the purpose of providing the Google Analytics service:
Online identifiers (including cookie identifiers), Internet protocol addresses and device identifiers, customer-assigned identifiers (see https://privacy.google.com/businesses/adsservices/)
§ 5 Legal basis for the processing
Art. 6 para. 1 lit. a) GDPR is the legal basis for processing operations for which we obtain consent for a specific processing purpose.
Art. 6 para 1 lit. b) GDPR is the legal basis for the processing of personal data for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures.
Art. 6 para 1 lit. c) GDPR is the legal basis for the processing of personal data in the event of a legal obligation.
Art. 6 para 1 lit. d) GDPR is the legal basis for the processing of personal data where the vital interests of the data subject or another natural person are to be protected.
Art. 6 para 1 lit. f) GDPR is the basis for the processing of personal data in our legitimate interest. This is to be assumed when it comes to the performance of our business activities and when a balance of interests has shown that the performance of the business activities outweighs the rights of the person concerned.
§ 6 Period for which the personal data will be stored
The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
§ 7 Existence of automated decision-making
As a responsible company, we do not use automatic decision-making or profiling