Data protection declaration
Data protection declaration in accordance with the requirements of the German General Data Protection Regulation (German GDPR)
Here, we would like to inform you comprehensively about legal requirements and obligations, which data we collect and how these are processed. When presenting our services, we will inform you hereinafter about the procedures and the handling of your data.
I. Name and address of the data controller
Within the meaning of the German GDPR and other national data protection laws of the member states, as well as other provisions of data protection law, the data controller is:
Spa Concepts
Represented by: Elif Arslan
Telephone: + 49 (0)221 16909527
E-mail: info@spa-concepts.de
Manageress of the data controller department: Elif Arslan
II. General information on data processing
1.Scope of the processing of personal data
We collect and use the personal data of our users only to the extent necessary to provide a functional website and our content and services.
2. Legal basis for processing personal data
Whenever we obtain the consent of the person concerned for the processing of personal data, Art. 6 para. 1 lit. a of the German GDPR shall serve as the legal basis. An exception applies in those cases in which prior consent cannot be obtained for actual reasons and the processing of the data is permitted by statutory provisions.
Art. 6 para. 1 lit. b of the German GDPR serves as a legal basis for the processing of personal data required for the performance of a contract to which the person concerned is a party. This shall also apply to processing operations necessary for the implementation of pre-contractual measures.
If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c of the German GDPR serves as the legal basis.
In the event that vital interests of the person concerned or another natural person necessitate the processing of personal data, Art. 6 para. 1 lit. d of the German GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and fundamental freedoms of the person concerned do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f of the German GDPR serves as the legal basis for the processing.
3. Data erasure and storage duration
The personal data of the person concerned will be deleted or blocked as soon as the purpose of the storage no longer applies. Storage may also take place if the European or national legislator has provided for this in union regulations, laws or other provisions to which the data controller is subject. The data shall also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless it is necessary to further store the data for the conclusion or performance of a contract.
4. Data categories and data origin
We process the following categories of data: master data, communication data, contract data, receivables data, payment information if applicable.
III. Provision of website and creation of log files
Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the accessing computer.
The following data will be collected:
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Information regarding browser type and the version used (e.g. Mozilla Firefox, Google Chrome or Microsoft Internet Explorer, Apple Safari, Opera &c.)
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The user’s operating system
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The Internet service provider of the user
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The IP address of the user
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Date and time of access (so-called “time stamp”)
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Websites accessed by the user’s system through our website
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The page from which the file was requested (so-called referrer URL)
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The name of the file
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The volume of data transferred
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The access status (file transferred, file not found, &c.)
The data is also stored in the log files of our system. These data are not stored together with other personal data of the user. A transfer to third parties, for commercial or non-commercial purposes, does not take place.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f of the German GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user’s computer. The IP address of the user shall remain stored for one week. The IP addresses of visitors to the website shall be stored in a pseudonymised manner. At the web server level, this is done by storing an IP address 123.123.123.XXX in the log file instead of the actual IP address of the visitor, e.g. 123.123.123.123.123.XXX, where XXX is a random value between 1 and 254. The creation of personal reference is no longer possible.
The data is stored in log files in order to ensure the functionality of the website. The data is also used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes shall not take place in this context.
These purposes also include our legitimate interest in data processing pursuant to Art. 6 para. 1 lit. f of the German GDPR.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. With respect to the collection of data used to provide the website, this is the case when the respective session is terminated. In the case of the collection of personal data for a contractual relationship or for a pre-contractual measure, the necessity ends with the period required for the contractual relationship.
If the data is stored in log files, this is the case after seven days at the latest.
5. Possibility of filing an objection and of removal
The collection of data used for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the part of the user.
IV. Use of cookies
1. Description and scope of data processing
Our website uses cookies; in particular, the following tracking cookies are used: Google Analytics, Google Tag Manager.
Cookies are small text files that are stored in the internet browser or by the internet browser on the user’s computer system. When a user visits a website, a cookie may be stored on the user’s operating system. This data is stored there and kept ready for later retrieval. This cookie contains a string of characters that enables the browser to be uniquely identified when the website is accessed again.
This website uses the following types of cookies; the scope and functionality of which are explained below:
- Transient cookies (as in (a))
- Persistent cookies (as in (b))
(a) Transient cookies are automatically deleted when you close your browser. This in particular includes session cookies. These cookies store a so-called session ID, which can be used to assign various requests from your browser to the shared session. This allows your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close your browser.
(b) Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
We also use cookies on our website, which enable us to analyse the surfing behaviour of our users.
In this way the following data can be transmitted: Frequency of page views.
The user data collected in this way is pseudonymised by technical arrangements. Therefore, it is no longer possible to assign the data to the user accessing the website. These data are not stored together with other personal data of the users.
You may refuse the use of cookies by selecting the appropriate settings in your browser. However, please note that if you do this you may not be able to utilise the full functionality of this website.
2. Legal basis for data processing
The legal basis for the processing of personal data using cookies is Art. 6 para. 1 lit. f of the German GDPR.
3. Purpose of data processing
Analysis cookies are used for the purpose of improving the quality of our website and its content. With the analysis cookies, we learn how the website is used and can thus constantly optimize our offer.
Use of Google Analytics: This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website will generally be transmitted to and stored by Google on servers in the USA. However, if IP anonymization is enabled on this website, Google will previously truncate your IP address within member states of the European Union or other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and Internet usage to the website operator.
The IP address transmitted by your browser as part of Google Analytics is not combined with other data from Google.
You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to utilize the full functionality of this website.
You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
This website uses Google Analytics with the extension “_anonymizeIp()”. This means that IP addresses are further processed in a shortened form, which means that direct personal references can be ruled out.
Use of Google Tag Manager: Google Tag Manager is a tool that allows marketers to manage website tags through a single interface. The Tool Tag Manager itself (which implements the tags) is a cookie-free domain and does not collect any personal data. The tool triggers other tags that may themselves collect data. Google Tag Manager does not access this data. If deactivated at the domain or cookie level, it will persist for all tracking tags implemented with Google Tag Manager.
The use of Google Analytics and Google Tag Manager is compliant with the requirements agreed upon between the German data protection authorities and Google. Information of the third-party supplier:
Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, facsimile: +353 (1) 436 1001. User conditions: http://www.google.com/analytics/terms/de.html,
Overview of data protection: http://www.google.com/intl/de/analytics/learn/privacy.html,
as well as the date protection declaration: http://www.google.de/intl/de/policies/privacy.
This website also reserves the right to use Google Analytics for a cross-device analysis of visitor flows, which is carried out by means of a user ID. You can deactivate the cross-device analysis of your use in your customer account under “My data”, “Personal data”.
For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 Para. 1 lit. f of the German GDPR.
4. Duration of storage, possibility of objection and removal
Cookies are stored on the user’s computer and transmitted to our site by the user. Therefore, as a user, you also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used to the full extent.
V. Transitions to other websites
1. Links
The online offer contains links to other websites (so-called external links). We have no influence on whether the operators of other websites comply with data protection regulations. You can recognize such so-called external links by a prefix.
Spa Concepts, as a provider, is responsible for its own contents according to the general laws. This own content may be distinguished from “links” to content provided by other providers. Spa Concepts shall not be responsible for the contents of third-parties, which are provided by links and are marked especially, and shall not endorse the aforementioned. For illegal, incorrect or incomplete contents, as well as damage which develops by the use or non-use of the information, the offeror of the website, to which reference is made, is solely responsible. The editorial staff is only responsible for external references if it has positive knowledge of them, i.e. also of any illegal or punishable content, and if it is technically possible and reasonable to prevent their use.
2. Use of social media plug-ins
We currently use the following social media plug-ins: Facebook, twitter, Google +, Pinterest, Instagram, Vk. We use the so-called two-click solution. This means that when you visit our site, no personal data is initially passed on to the providers of these plug-ins. You can recognize the provider of the plug-in by the mark on the box above its initial letter or the logo. We offer you the possibility to communicate directly with the provider of the plug-in using the button. Only if you click on the marked field, and thereby activating it, will the plug-in provider receive the information that you have called up the corresponding website of our online service. In addition, the data mentioned under Chapter (3) of this declaration will be transmitted. In the case of Facebook, the IP address is anonymized immediately after collection according to information provided by the respective provider in Germany. By activating the plug-in, your personal data is transferred to the respective plug-in provider and stored there (in the case of US providers in the USA). Since the plug-in provider collects data in particular by using cookies, we recommend that you delete all cookies by means of your browser’s security settings before clicking on the grayed-out box.
We have no influence on the collected data and data processing operations, nor are we aware of the full scope of data collection, the purposes of processing and the storage terms. With respect to the deletion of the collected data by the plug-in provider, no information is available to us.
The plug-in provider stores the data collected about you as user profiles and uses these for the purposes of advertising, market research and/or the needs-based design of its website. Such evaluation is carried out in particular (also for users who are not logged in) in order to display demand-oriented advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact the respective plug-in provider to exercise this right. Through the plug-ins, we offer you the possibility to interact with social networks and other users, so that we can improve our offer and make it more interesting for you as a user. The legal basis for the use of the plug-ins is Art. 6 para. 1 lit. f of the German GDPR.
The data transfer takes place regardless of whether you have an account with the plug-in provider and are logged in there. If you are logged in with the plug-in provider, your data collected by us will be directly assigned to your existing account with the plug-in provider. If you click on the activate button and, for example, link the page, the plug-in provider also stores this information in your user account and communicates it publicly to your contacts. We recommend that you log out regularly after using a social network, especially before activating the button, as this allows you to avoid being assigned to your profile by the plug-in provider.
Further information on the purpose and scope of the data collection and processing by the plug-in provider can be found in the following data protection declarations of these providers. There you will also find further information on your rights in this regard and settings options to protect your privacy.
VI. Contact form and email contact
1. Description and scope of data processing
A contact form is available on our website, which can be used for electronic contact. If a user makes use of this option, the data entered in the input mask will be transmitted to us and stored. These data are:
- Your name
- Your email address
- News
If the opportunity for the input of personal or business data (e-mail addresses, name, addresses) is provided, the input of these data shall be rendered voluntarily. In this case, your data will be treated confidentially as well, and will not be passed on to third parties. There is also no link to the access data mentioned above.
Alternatively, you can contact us using the email address provided. In this case, the personal data of the user transmitted with the email will be stored.
When you contact us by e-mail or use a contact form, the data you provide will be stored by us in order to respond to your inquiry. We delete the data arising in this connection after the storage is no longer necessary or restrict the processing thereof if there are legal storage obligations. The data will not be passed on to third parties in this context. The data will be used exclusively for the processing of the conversation.
2. Legal basis for data processing
The legal basis for processing the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f of the German GDPR. If the purpose of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b of the German GDPR.
3. Purpose of data processing
Processing of personal data from the input mask serves exclusively for processing of the establishment of contact. In case of contact by email, this also constitutes the necessary legitimate interest in processing of the data.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For personal data from the input mask of the contact form and those sent by email, this is the case when the respective conversation with the user has ended. The conversation ends when it can be inferred from the circumstances that the facts in question have been conclusively clarified.
5. Possibility of filing an objection and of removal
If the user contacts us by email, he/she can object to the storage of his/her personal data at any time. In such a case, the conversation cannot be continued.
The objection of storage is possible both by email, by post or by fax.
In this case, all personal data stored in the course of establishing contact will be deleted.
VII. Registration on our website
1. Description and scope of data processing
You have the opportunity to register on our website or in our online shop by providing personal data (creating a customer account). Please refer to the respective input mask that we make available to you for registration to find out which personal data is transferred to us. The personal data transmitted by you will be collected and stored exclusively for internal use by us and for our own statistical purposes. We may also transfer personal data to one or more contractors, e.g. postal operators, who also use personal data exclusively internally for order processing.
When you register on our website, data transmitted by the Internet Service Provider (ISP) is also stored; this includes the IP address, date and time of registration. This data is stored because this is the only way to prevent misuse of our services and, if necessary, to use this data to investigate criminal offences that have been committed. The storage of the data is therefore necessary to protect the data controller for processing. In principle, we do not pass this data on to third parties, unless we are legally obligated to do so or the passing on is used for criminal prosecution.
Your registration, in which you voluntarily provide personal data, enable us to offer content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have it completely removed from our database.
2. Legal basis for data processing
The legal basis for the processing of the data, which are transmitted in the course of the creation of your customer account for the purpose of the conclusion of a contract by our online shop is Art. 6 para. 1 lit. b of the German GDPR.
3. Purpose of data processing
Processing of personal data enables us solely to process the contract concluded with you or to process your enquiry.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. With the respect to personal data from the customer account, this is the case when the contract has been completely processed and mutual claims are excluded or no longer enforceable.
5. Possibility of filing an objection and of removal
You have the right to ask us at any time which personal data we have stored about you. We will answer your request as soon as possible. As far as there are no legal storage obligations to the contrary, we will comply with your possible request for a correction or deletion of personal data. All our employees as well as any data protection officer named in this data protection declaration are available to you as contact persons for this purpose.
VIII. SSL encryption
We use SSL encryption to protect your transmitted data in the best possible way. Such encrypted connections can be recognized by the prefix “https://” in the address bar of your browser. Unencrypted pages are identified by the prefix “http://”. Data transmitted to us with activated SSL encryption cannot be read by third parties. In particular, we recommend that confidential information only be sent if SSL encryption is activated and that you contact us if in doubt.
VIII. Blog
In our blog, in which we publish various articles on topics related to our activities, you can submit public comments. Your comment will be published with your given name in the post. The indication of name and e-mail address is necessary, all further information is voluntary. When you post a comment, we do not store your IP address. We need your email address in order to contact you if a third party should object to your comment as being unlawful. The legal bases are Art. 6 para. 1 sentence 1 lit. b and f of the German GDPR. Comments are not reviewed before publication. We reserve the right to delete comments if they are objected to by third parties as being unlawful.
IX. Payment processing
1. Payment processing by Wirecard
We cooperate with the service provider Wirecard for payment processing of orders. Wirecard is a technology and financial services company and offers solutions in particular for electronic payment transactions. In addition, the service provider has a German banking license. In this respect, you have the option of making payments by PayPal, direct debit and instant transfer.
Wirecard AG, Einsteinring 35, D-85609 Aschheim, Germany, is responsible for processing your personal data at Wirecard.
Within the framework of an order in our online shop, your payment will be processed by Wirecard. Your data will be automatically transmitted to the service provider. With your order, you consent to the transmission of personal data required for payment processing.
The personal data transmitted to Wirecard is generally your first name, surname, address, email address, IP address, telephone number, mobile phone number or other data required for the processing of payments. The completion of the sales contract also requires such personal data, which are in connection with the respective order.
The purpose of data transmission is to process payments and prevent fraud. We will transmit personal data to Wirecard in particular if there is a justified interest in the transmission (Art. 6 Abs. 1 lit. f of the German GDPR). The personal data exchanged between Wirecard and us may be transferred by Wirecard to business partners, service providers and other Wirecard branches located outside the European Economic Area (EEA). The purpose of this transmission is to verify your identity and creditworthiness and to process your order.
If Wirecard processes your personal data outside the partnership under German civil law (GbR), Wirecard has appropriate measures in place to ensure an appropriate level of protection.
Wirecard stores your personal data for as long as it is necessary to fulfil the purpose for which it was collected, without prejudice to any statutory storage obligations, in particular under tax or accounting law.
You have the option of withdrawing your consent to Wirecard’s handling of personal data at any time. A revocation does not affect personal data which must be processed, used or transmitted for (contractual) payment processing.
The applicable data protection provisions of Wirecard can be retrieved at https://www.wirecard.de/datenschutzbestimmungen/.
The legal basis for the described data processing in our house is Art. 6 para. 1 lit. a, b and f of the German GDPR.
2. Privacy policy for PayPal as payment method
The payment service provider Wirecard offers the option of processing payments by PayPal. PayPal is an online payment service provider. Payments are processed by using so-called PayPal accounts, which are virtual private or business accounts. In addition, PayPal offers the option of processing virtual payments by credit cards if a user does not have a PayPal account. A PayPal account is managed by an email address, which is why there is no classic account number. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also acts as a trustee and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, Luxembourg.
If you, as the person concerned, select “PayPal” as the payment option during the ordering process in our online shop, the data of the person concerned will be automatically transferred to PayPal. By selecting this payment option, you as the person concerned consent to the transfer of personal data required for payment processing.
The personal data transmitted to PayPal is usually your first name, surname, address, e-mail address, IP address, telephone number, mobile phone number or other data necessary for payment processing. Personal data related to the respective order are also necessary for the processing of the purchase contract.
The purpose of data transmission is to process payments and prevent fraud. We will transmit personal data to PayPal in particular if a justified interest for the transmission is provided (Art. 6 Abs. 1 lit. f of the German DPPR). The personal data exchanged between PayPal and us may be transferred by PayPal to credit agencies. The purpose of this transmission is to check identity and creditworthiness.
PayPal may share the personal information with affiliated companies and service providers or subcontractors to the extent necessary to fulfil its contractual obligations or to process the information on behalf of PayPal.
As the person concerned, you have the option of withdrawing your consent to PayPal handling your personal data at any time. A revocation does not affect personal data which must be processed, used or transmitted for (contractual) payment processing.
PayPal’s current data protection regulations can be retrieved at https://www.paypal.com/de/webapps/mpp/ua/privacy-full .
The legal basis for data processing in our company is Art. 6 Abs. 1 lit. a, b and f of the German GDPR.
3. Data protection regulations for Klarna as payment method
The payment service provider Wirecard also offers the option of initiating payments by Klarna. Klarna is an online payment service provider that allows purchases to be made on account or by flexible instalment payment. In addition, the service provider offers further services that can serve to protect the buyer or to check his/her identity and creditworthiness.
The operating company of Klarna is Klarna AB, Sveavägen 46, S-111 34 Stockholm, Sweden.
If you select “Wirecard instantly” as the payment option during an order process in our online shop, the data of the person concerned will be automatically transmitted to Klarna. By selecting this payment option, you as the person concerned consent to the transfer of personal data required for payment processing.
The personal data transmitted to Klarna is usually the first name, surname, address, email address, gender, IP address, telephone number, mobile phone number or other data required for payment by invoice or instalment. For completion of the sales contract it is necessary that such personal data in connection with the respective order are transmitted. In particular, it is possible that reciprocal information such as bank details, card number, expiry date and CVC code as well as the number of articles, article number, data on goods and services, prices and tax charges, information on previous purchasing behaviour or other information on the financial situation of the person concerned may be exchanged.
The purpose of data transmission is to verify identity, process payments and to prevent fraud. In particular, we will transfer personal data to Klarna if there is a legitimate interest in the transfer (Art. 6 para. 1 lit. f of the German GDPR). The personal data exchanged between Klarna and us may be transmitted by Klarna to credit agencies. The purpose of this transmission is to check identity and creditworthiness.
Klarna may pass on the personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil the contractual obligations or if the data are to be processed on behalf of Klarna.
In order to decide whether a contractual relationship with you should be established, carried out or terminated, Klarna collects and uses data and information which indicate your previous payment behaviour and forecasts (probability values) for your behaviour in the future (scoring). A score is a numerical value based on a statistical analysis that represents the creditworthiness of a person.
You have the opportunity to revoke your consent to Klarna to handle your personal data at any time. A revocation does not affect personal data which must be processed, used or transmitted for (contractual) payment processing.
Klarna’s current data protection regulations can be retrieved at https://cdn.klarna.com/1.0/shared/content/policy/data/de_en/data_protection.pdf.
Legal basis for data processing in our company is Art. 6 Abs. 1 lit. a, b and f of the German GDPR.
X. Subscription to our newsletter
The website www.spa-concepts.de offers you the option to subscribe to our newsletter. The personal data that is transmitted to us when you order the newsletter can be found in the input mask that is available for registration on the website.
We regularly inform customers, business partners and other interested parties about offers in this newsletter. We will only make the newsletter available to you if you have a valid email address and have registered to receive the newsletter. As part of the registration process, with which you subscribe to our newsletter for the first time, we will send a confirmation email during the double opt-in procedure to the email address you have provided for legal reasons. This serves to check whether the owner of the email address is actually the person who authorized the receipt of the newsletter.
In addition, when you register for the newsletter, we store the IP address of the computer system you are using at the time of your registration, assigned by your Internet Service Provider (ISP), as well as the date and time of your registration. It is necessary to collect this data in order to be able to trace any (possible) misuse of the email address of a person concerned at a later date. In addition, the data collection ensures our legal security.
The personal data collected in this way will be used by us exclusively for sending the newsletter. In addition, we may inform subscribers to the newsletter by e-mail as soon as changes are made to the newsletter offer or to technical conditions, which may be necessary for the operation of the newsletter service or registration in this respect. The personal data collected by us as part of the newsletter service will not be passed on to third parties.
You have the option of cancelling your subscription to the newsletter at any time. Your consent to the storage of personal data which you have provided for the transmission of the newsletter (Art. 6 para. 1 lit. a. of the German GDPR) can be revoked at any time. We will send you a corresponding link with each newsletter. In addition, you can also unsubscribe from the list of newsletter recipients at any time on the website www.spa-concepts.de or inform us of this in any other way.
XI. Rights of the person concerned
If personal data is processed, you are the person concerned within the meaning of the German GDPR and you are entitled to the following rights vis-à-vis the data controller:
1. Right to information
You can request confirmation from the data controller as to whether personal data concerning you will be processed by us.
In the event of such processing, you may request the following information from the data controller:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal information about you has been or will be disclosed;
(4) the planned duration of the storage of the personal data concerning you or, if it is not possible to provide specific information in this regard, criteria for determining the duration of the storage;
(5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the origin of the data, if the personal data are not collected from the person concerned;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and para. 4 of the German GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing on the person concerned.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 of the German GDPR in connection with the transfer.
2. Right to rectification
You have the right to have your personal data corrected and/or completed by the person responsible if the personal data processed concerning you is inaccurate or incomplete. The data controller must carry out the correction immediately.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of your personal data be restricted:
(1) if you dispute the accuracy of the personal data concerning you for a period of time which allows the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
(3) the data controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
(4) if you have lodged an objection against the processing pursuant to Art. 21 para. 1 of the German GDPR and it has not yet been determined whether the justified reasons of the data controller outweigh your reasons.
Where the processing of personal data concerning you has been restricted, such data may not be processed, with the exception of their storage, without your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.
If the processing restriction has been restricted in accordance with the above conditions, you will be informed by the data controller before the restriction is lifted.
4. Right to deletion
Obligation to delete
You may request the data controller to delete the personal data concerning you immediately and the data controller is obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a of the n German GDPR was based and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 para. 1 of the German GDPR and there are no overriding legitimate reasons for the processing, or you object to the processing pursuant to Art. 21 para. 2 of the German GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data relating to you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 of the German GDPR.
Information to third parties
If the data controller has made personal data concerning you public and is obligated to delete them in accordance with Art. 17 para. 1 of the German GDPR, he/she shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the persons responsible for data processing who process the personal data that you, as the person concerned, have requested them to delete all links to this personal data or copies or replications of this personal data.
Exceptions
The right to deletion does not exist if the processing is necessary:
(1) to exercise freedom of expression and information;
(2) the data controller must fulfil a legal obligation, the processing of which is subject to the law of the Union or of the Member States to which the data controller is subject to or must perform a task in the public interest or in the exercise of official authority vested in the data controller;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 of the German GDPR;
(4) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 of the German GDPR, insofar as the law referred to under section (a) presumably makes it impossible or seriously impairs the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right to rectify, cancel or limit the processing of your personal data against the data controller, the latter is obligated to notify all recipients, to whom the personal data concerning you have been disclosed, of such rectification, cancellation or limitation, unless this proves impossible or involves a disproportionate effort.
You shall have the right to be informed of such recipients by the data controller.
6. Right to data transferability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, common and machine-readable format. In addition, you have the right to communicate this data to another data controller without being hindered by the data controller to whom the personal data was provided, provided that:
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a of the German GDPR or Art. 9 para. 2 lit. a of the German GDPR or, on a contract pursuant to Art. 6 para. 1 lit. b of the German GDPR and
(2) processing is carried out using automated procedures.
In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly by one data controller to another data controller, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this.
The right to data transfer does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
7. Right of objection
You have the right to object at any time, for reasons related to your situation, to the processing of your personal data carried out pursuant to Art. 6 para. 1 lit. e or f of the German GDPR; this also applies to profiling based on these provisions.
The data controller will no longer process the personal data relating to you unless he/she can prove compelling reasons for processing worthy of protection which outweigh your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling to the extent that it is connected with such direct advertising.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the option to exercise your right of objection relative to the use of information society services – notwithstanding Directive 2002/58/EC – by means of automated procedures using technical specifications.
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent pursuant to data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the revocation.
9. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the member state of your residence, place of work or place of suspected infringement, if you find that the processing of your personal data is in breach of the German GDPR.
The supervisory authority to which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 of the German GDPR.
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