Legal notice

Andrea Heinz
ETERNAL DELIGHT
Podbielskistr. 245
30655 Hannover

Contact

Phone: 0511 3970773
Email: eternal-delight@gmx.de

EU dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.
You can find our email address in the legal notice above.

Consumer dispute resolution / Universal arbitration body

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

Source: e-recht24.de

 

Privacy policy

Preamble

This privacy policy explains what types of your personal data (hereinafter also referred to as “data”) we process, for what purposes and to what extent. It applies to all processing of personal data carried out by us, both when providing our services and, in particular, on our websites, in mobile applications and within external online presences such as our social media profiles (collectively referred to below as the “online services”).

The terms used are not gender-specific.

Last updated: 12 September 2024

Contents

• Preamble
• Controller
• Overview of processing
• Relevant legal bases
• Security measures
• International data transfers
• General information on data retention and deletion
• Rights of data subjects
• Business services
• Provision of online services and web hosting
• Use of cookies
• Contact and enquiry management

Controller

Andrea Heinz
ETERNAL DELIGHT
Podbielskistr. 245
30655 Hannover

Email address: eternal-delight(at)gmx.de

Overview of processing

The following overview summarises the types of data processed and the purposes of processing, and identifies the data subjects concerned.

Types of data processed

• Master data.
• Payment data.
• Contact data.
• Content data.
• Contract data.
• Usage data.
• Metadata, communication and procedural data.
• Log data.

Categories of data subjects

• Service recipients and customers.
• Prospective customers.
• Communication partners.
• Users.
• Business and contractual partners.

Purposes of processing

• Provision of contractual services and fulfilment of contractual obligations.
• Communication.
• Security measures.
• Office and organisational procedures.
• Organisational and administrative procedures.
• Feedback.
• Provision of our online services and user-friendliness.
• Information technology infrastructure.
• Business processes and commercial procedures.

Relevant legal bases

Relevant legal bases under the GDPR: The following is an overview of the legal bases under the GDPR on which we process personal data. Please note that, in addition to the GDPR, national data protection requirements may apply in your or our country of residence or establishment. If more specific legal bases apply in individual cases, we will inform you of them in this privacy policy.

• Consent (Article 6(1), first sentence, point (a) GDPR) – The data subject has consented to the processing of their personal data for one or more specific purposes.
• Performance of a contract and pre-contractual enquiries (Article 6(1), first sentence, point (b) GDPR) – Processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the data subject’s request prior to entering into a contract.
• Legal obligation (Article 6(1), first sentence, point (c) GDPR) – Processing is necessary for compliance with a legal obligation to which the controller is subject.
• Legitimate interests (Article 6(1), first sentence, point (f) GDPR) – Processing is necessary for the legitimate interests pursued by the controller or a third party, except where those interests are overridden by the interests, fundamental rights and freedoms of the data subject that require protection of personal data.

National data protection regulations in Germany: In addition to the GDPR, national data protection regulations apply in Germany. These include, in particular, the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG), which protects against misuse of personal data during processing. The BDSG contains specific provisions, in particular, on the right of access, the right to erasure, the right to object, processing of special categories of personal data, processing for other purposes, transfers and automated individual decision-making, including profiling. The data protection laws of the individual German federal states may also apply.

Application of the GDPR and the Swiss FADP: This privacy information is intended to provide information under both the Swiss Federal Act on Data Protection (FADP) and the General Data Protection Regulation (GDPR). For this reason, please note that GDPR terminology is used because of its broader geographical application and comprehensibility. In particular, instead of the Swiss FADP terms for “processing” of “personal data”, “overriding interest” and “sensitive personal data”, the corresponding GDPR terms “processing” of “personal data”, “legitimate interest” and “special categories of data” are used. Within the scope of the Swiss FADP, the legal meaning of these terms continues to be determined under that Act.

Security measures

In accordance with legal requirements, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, implementation costs, the nature, scope, context and purposes of processing, and the varying likelihood and severity of threats to the rights and freedoms of natural persons.

These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to data, as well as access, input, disclosure, availability and separation of data. We have also established procedures to ensure the exercise of data subject rights, deletion of data and responses to threats to data. Furthermore, we take the protection of personal data into account when developing or selecting hardware, software and procedures, in accordance with the principles of data protection by design and by default.

International data transfers

Data processing in 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 processing occurs when using third-party services or disclosing or transferring data to other persons, bodies or companies, this only takes place in accordance with legal requirements. If the level of data protection in the third country has been recognised by an adequacy decision (Article 45 GDPR), this forms the basis for the data transfer. Otherwise, transfers only take place if the level of data protection is secured by other means, in particular standard contractual clauses (Article 46(2)(c) GDPR), explicit consent, or a transfer required by contract or law (Article 49(1) GDPR). We also inform you of the bases for third-country transfers for each provider in the third country, with adequacy decisions taking precedence. Information about third-country transfers and existing adequacy decisions is available from the European Commission: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection_en?prefLang=de.

EU–US Trans-Atlantic Data Privacy Framework: Under the “Data Privacy Framework” (DPF), the European Commission also recognised the level of data protection for certain US companies as adequate in its adequacy decision of 10 July 2023. The list of certified companies and further information about the DPF are available on the US Department of Commerce website at https://www.dataprivacyframework.gov/ (in English). In this privacy information, we inform you which of the service providers we use are certified under the Data Privacy Framework.

General information on data retention and deletion

We delete personal data that we process in accordance with legal requirements as soon as the underlying consent is withdrawn or no other legal basis for processing exists. This applies when the original purpose of processing no longer applies or the data is no longer needed. Exceptions apply if legal obligations or special interests require data to be retained or archived for longer.

In particular, data that must be retained for commercial or tax law reasons, or whose storage is necessary for legal claims or to protect the rights of other natural or legal persons, must be archived accordingly.

Our privacy information includes additional details about data retention and deletion that apply specifically to certain processing activities.

If several retention periods or deletion deadlines are specified for a piece of data, the longest period always applies.

If a period does not expressly begin on a specific date and lasts at least one year, it automatically starts at the end of the calendar year in which the event triggering the period occurred. For ongoing contractual relationships in which data is stored, that event is the date on which termination or another end to the legal relationship takes effect.

Data retained for legal requirements or other reasons after it is no longer needed for its original purpose is processed exclusively for the reasons that justify its retention.

Further information on processing activities, procedures and services:

• Retention and deletion of data: The following general periods apply to retention and archiving under German law:
  • 10 years – Retention period for books and records, annual financial statements, inventories, management reports, opening balance sheets, and the work instructions and other organisational documents necessary to understand them, accounting vouchers and invoices (section 147(3) in conjunction with subsection (1), nos. 1, 4 and 4a AO; section 14b(1) UStG; section 257(1), nos. 1 and 4, and subsection (4) HGB).
  • 6 years – Other business documents: received commercial or business letters, copies of sent commercial or business letters, and other documents relevant to taxation, such as hourly wage slips, cost allocation sheets, costing documents, price labels, payroll records that are not already accounting vouchers, and cash register tapes (section 147(3) in conjunction with subsection (1), nos. 2, 3 and 5 AO; section 257(1), nos. 2 and 3, and subsection (4) HGB).
  • 3 years – Data needed to address potential warranty and compensation claims or similar contractual claims and rights, and to handle related enquiries, based on past business experience and customary industry practices, is stored for the regular statutory limitation period of three years (sections 195 and 199 BGB).

Rights of data subjects

Data subject rights under the GDPR: As a data subject, you have various rights under the GDPR, arising in particular from Articles 15 to 21:

• Right to object: You have the right, on grounds relating to your particular situation, to object at any time to processing of your personal data based on Article 6(1)(e) or (f) GDPR, including profiling based on these provisions. If your personal data is processed for direct marketing, you have the right to object at any time to processing for that purpose, including profiling insofar as it relates to such direct marketing.
• Right to withdraw consent: You have the right to withdraw consent at any time.
• Right of access: You have the right to request confirmation of whether data concerning you is being processed, access to that data, further information and a copy of the data in accordance with legal requirements.
• Right to rectification: In accordance with legal requirements, you have the right to request completion of data concerning you or correction of inaccurate data concerning you.
• Right to erasure and restriction of processing: In accordance with legal requirements, you have the right to request that data concerning you be deleted without delay or, alternatively, that processing be restricted in accordance with legal requirements.
• Right to data portability: In accordance with legal requirements, you have the right to receive data concerning you that you have provided to us in a structured, commonly used, machine-readable format, or to request its transmission to another controller.
• Complaint to a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, particularly in the member state of your habitual residence, place of work or the alleged infringement, if you consider that the processing of your personal data infringes the GDPR.

Business services

We process data of our contractual and business partners, such as customers and prospective customers (collectively referred to as “contractual partners”), within contractual and similar legal relationships and related measures, and in connection with communication with contractual partners or prior to a contract, for example to answer enquiries.

We use this data to fulfil our contractual obligations. These include, in particular, providing the agreed services, any update obligations, and remedies for warranty issues or other failures in performance. We also use the data to safeguard our rights and for the administrative tasks and business organisation associated with these obligations. Furthermore, we process data based on our legitimate interests in proper and commercially sound business management and in security measures to protect our contractual partners and business operations against misuse and threats to their data, secrets, information and rights. This may involve telecommunications, transport and other support services, subcontractors, banks, tax and legal advisers, payment service providers or tax authorities. Within applicable law, we only disclose contractual partners’ data to third parties insofar as necessary for these purposes or to comply with legal obligations. Contractual partners are informed of other processing, such as for marketing purposes, in this privacy policy.

We inform contractual partners which data is necessary for these purposes before or during collection, for example in online forms, through specific markings such as colours or symbols such as asterisks, or in person.

We delete data after statutory warranty and comparable obligations expire, generally after four years, unless the data is stored in a customer account, for example for as long as it must be retained for statutory archiving purposes (usually ten years for tax purposes). We delete data disclosed to us by a contractual partner as part of an assignment in accordance with the relevant requirements and generally when the assignment ends.

• Types of data processed: Master data (e.g. full name, residential address, contact information, customer number, etc.); payment data (e.g. bank details, invoices, payment history); contact data (e.g. postal and email addresses or phone numbers). Contract data (e.g. subject matter of the contract, term, customer category).
• Data subjects: Service recipients and customers; prospective customers. Business and contractual partners.
• Purposes of processing: Provision of contractual services and fulfilment of contractual obligations; communication; office and organisational procedures; organisational and administrative procedures. Business processes and commercial procedures.
• Retention and deletion: Deletion in accordance with the information in “General information on data retention and deletion”.
• Legal bases: Performance of a contract and pre-contractual enquiries (Article 6(1), first sentence, point (b) GDPR); legal obligation (Article 6(1), first sentence, point (c) GDPR). Legitimate interests (Article 6(1), first sentence, point (f) GDPR).

Further information on processing activities, procedures and services:

• Craft services: We process data of our customers and clients (uniformly referred to below as “customers”) to enable them to select, purchase or commission their chosen services or works and related activities, and to pay for and receive their delivery, execution or provision.
  The required information is identified as such when an assignment, order or comparable contract is concluded. It includes the information needed for delivery and billing, as well as contact information for any follow-up questions; Legal bases: Performance of a contract and pre-contractual enquiries (Article 6(1), first sentence, point (b) GDPR).

Provision of online services and web hosting

We process users’ data to provide our online services. For this purpose, we process the user’s IP address, which is necessary to transmit the content and functions of our online services to the user’s browser or device.

• Types of data processed: Usage data (e.g. page views and duration of visits, click paths, intensity and frequency of use, device types and operating systems, interactions with content and functions); metadata, communication and procedural data (e.g. IP addresses, timestamps, identification numbers, persons involved). Log data (e.g. log files relating to logins, data access or access times).
• Data subjects: Users (e.g. website visitors, users of online services).
• Purposes of processing: Provision of our online services and user-friendliness; information technology infrastructure (operation and provision of information systems and technical equipment such as computers and servers). Security measures.
• Retention and deletion: Deletion in accordance with the information in “General information on data retention and deletion”.
• Legal bases: Legitimate interests (Article 6(1), first sentence, point (f) GDPR).

Further information on processing activities, procedures and services:

• Collection of access data and log files: Access to our online services is recorded in “server log files”. These may contain the address and name of the web pages and files accessed, the date and time of access, data volumes transferred, confirmation of successful access, browser type and version, the user’s operating system, the referrer URL (the page visited previously), and usually IP addresses and the requesting provider. Server log files may be used for security purposes, for example to prevent server overload, particularly in the event of abusive attacks known as DDoS attacks, and to ensure server capacity and stability; Legal bases: Legitimate interests (Article 6(1), first sentence, point (f) GDPR). Deletion of data: Log file information is stored for a maximum of 30 days and is then deleted or anonymised. Data that must be retained as evidence is excluded from deletion until the relevant incident has been fully clarified.

Use of cookies

Cookies are small text files or other storage records that store information on devices and read it from them. For example, they can store login status in a user account, the contents of an online shop’s shopping basket, content accessed or functions used in an online service. Cookies can also be used for various purposes, such as the functionality, security and convenience of online services, and analysis of visitor traffic.

Information about consent: We use cookies in accordance with legal requirements. We therefore obtain users’ prior consent unless it is not legally required. In particular, permission is not necessary if storing and reading information, including cookies, is strictly necessary to provide users with an online service they have expressly requested, namely our online services. Revocable consent is clearly communicated to users and includes information about the respective use of cookies.

Information on legal bases under data protection law: The legal basis on which we process users’ personal data using cookies depends on whether we ask for their consent. If users accept, the legal basis for using their data is the consent given. Otherwise, data processed using cookies is processed based on our legitimate interests, for example in running our online services commercially and improving their usability, or, where this forms part of fulfilling our contractual obligations, when cookies are necessary to fulfil those obligations. We explain the purposes for which we use cookies in this privacy policy or in our consent and processing procedures.

Storage duration: The following types of cookies are distinguished by their storage duration:

• Temporary cookies (also known as session cookies): Temporary cookies are deleted at the latest after a user leaves an online service and closes their device or application, such as a browser or mobile app.
• Persistent cookies: Persistent cookies remain stored even after a device or application is closed. For example, login status can be stored and preferred content displayed directly when a user revisits a website. User data collected using cookies can also be used to measure reach. Unless we give users explicit information about the type and storage duration of cookies, for example when obtaining consent, they should assume that the cookies are persistent and may be stored for up to two years.

General information on withdrawal and objection (opt-out): Users can withdraw their consent at any time and object to processing in accordance with legal requirements, including through their browser’s privacy settings.

• Types of data processed: Metadata, communication and procedural data (e.g. IP addresses, timestamps, identification numbers, persons involved).
• Data subjects: Users (e.g. website visitors, users of online services).
• Legal bases: Legitimate interests (Article 6(1), first sentence, point (f) GDPR). Consent (Article 6(1), first sentence, point (a) GDPR).

Further information on processing activities, procedures and services:

• Processing of cookie data based on consent: We use a consent management solution to obtain users’ consent to the use of cookies and to the procedures and providers specified within the solution. This procedure obtains, records, manages and withdraws consent, particularly for cookies and similar technologies used to store, read and process information on users’ devices. Users’ consent is obtained for the use of cookies and the associated processing of information, including the specific processing activities and providers named in the consent management procedure. Users can also manage and withdraw their consent. Declarations of consent are stored to avoid repeated requests and to provide proof of consent in accordance with legal requirements. Storage takes place on the server and/or in a cookie (an “opt-in cookie”) or using similar technologies, so that consent can be assigned to a particular user or device. Unless specific information is given about consent management providers, the following general information applies: consent is stored for up to two years. A pseudonymous user identifier is created and stored together with the time of consent, details of its scope, such as cookie categories and/or service providers, and information about the browser, system and device used; Legal bases: Consent (Article 6(1), first sentence, point (a) GDPR).

Contact and enquiry management

When you contact us, for example by post, contact form, email, phone or social media, and within existing user and business relationships, we process the information provided by the enquirer insofar as necessary to respond to the enquiry and any requested measures.

• Types of data processed: Master data (e.g. full name, residential address, contact information, customer number, etc.); contact data (e.g. postal and email addresses or phone numbers); content data (e.g. written or visual messages and contributions, and related information such as authorship or time of creation); usage data (e.g. page views and duration of visits, click paths, intensity and frequency of use, device types and operating systems, interactions with content and functions). Metadata, communication and procedural data (e.g. IP addresses, timestamps, identification numbers, persons involved).
• Data subjects: Communication partners.
• Purposes of processing: Communication; organisational and administrative procedures; feedback (e.g. collection of feedback through online forms). Provision of our online services and user-friendliness.
• Retention and deletion: Deletion in accordance with the information in “General information on data retention and deletion”.
• Legal bases: Legitimate interests (Article 6(1), first sentence, point (f) GDPR). Performance of a contract and pre-contractual enquiries (Article 6(1), first sentence, point (b) GDPR).

Further information on processing activities, procedures and services:

• Contact form: When you contact us through our contact form, by email or through other communication channels, we process the personal data provided to answer and handle your enquiry. This usually includes your name, contact information and any other information supplied and needed to handle the enquiry appropriately. We use this data exclusively for the stated purpose of contact and communication; Legal bases: Performance of a contract and pre-contractual enquiries (Article 6(1), first sentence, point (b) GDPR), legitimate interests (Article 6(1), first sentence, point (f) GDPR).

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