Privacy Statement

Privacy Statement

I.        Name and Address of the Responsible Party

The responsible party in the sense of the Data Protection Regulation and other national data protection laws of the member states as well as other provisions of data protection is:

Lohnpack GmbH
Abfüll- und Verpackungsservice
Eberhardstraße 60
D-71679 Asperg

Tel. 0049 7141 / 68899-0
Fax 0049 7141 / 68899-40

info@magic-balloon.de

 

II.       Name and Address of the Data Protection Supervisor

The data protection supervisor of the responsible party is:

Frau Shatia-Nicole Foster
foster@lohnpack.info
Tel. 07141-68899 19

III.      General Information on Data Processing

1.      Scope of Personal Data Processing

In general, we collect and use personal data of our users only to the extent necessary for providing a fully functional website as well as necessary for our contents and services. Collecting and using of personal user data on a regular basis shall only be permissible upon/with the prior agreement of the user. Exceptions shall only be made in cases in which prior obtaining of consent is not possible due to factual reasons and processing is permitted by applicable legal regulations.

2.      Legal Grounds for Personal Data Processing

Insofar as we obtain consent of the person concerned for processing personal data, Art. 6 Sec. 1 (a) of the EU General Data Protection Regulation (GDPR) shall be the legal grounds for personal data processing.

Art. 6 Sec. 1 (b) GDPR shall form the legal basis for processing personal data as required for the fulfillment of a contract of which the responsible person is a contracting party. This shall also apply for processing operations which are necessary for conducting pre-contractual measures.

Insofar as personal data processing is necessary for complying with legal obligations to which our company is obliged, Art. 6 Sec. 1 (c) GDPR shall be the legal grounds.

For cases of vital interests of the person concerned or any other natural person require personal data processing, Art. 6 Sec. 1 (d) GDPR shall form the legal grounds.

In the event that processing is necessary for preserving a legitimate business interest of our company or a third party and provided that neither the interests, fundamental rights nor fundamental freedoms of the person concerned are not overriden by the first-mentioned interests, than Art. 6 Sec. 1 (f) GDPR shall be the legal grounds for processing.

3.      Data Deletion and Storage Periods

The personal data of the person concerned shall be deleted or blocked as soon as the purpose of storage is no longer valid. Furthermore, data may be stored if stipulated by European or national law in Union regulations, laws or other stipulations to which the responsible party is subjected to. Blocking or deletion of data is also conducted if a storage period as stipulated by the indicated laws and regulations has expired unless further data storage is necessary for contract conclusion or contract performance.

IV.     Provision of the Website and Creation of Log files

1.      Description and Scope of Data Processing

With every visit to our internet website our system collects automatic data and information from the calling computer system.

The data collected is as follows:

  • Information as to browser type and version used
  • User’s operating system
  • User’s internet service provider
  • User’s IP address
  • Date and time of server inquiry
  • Websites from which the user’s system is navigated to our internet website
  • Websites which are called up/accessed by the user via our website

Said data is likewise stored in the log files of our system. We do not link or connect the retrieved data to any personal user data when storing it.

2.      Legal Grounds for Data Processing

The legal grounds for temporary storage of data and log files is Art. 6 Sec. 1 (f) GDPR.

3.      Purpose of Data Processing

Temporary storage of the IP address is necessary for the system in order to grant the user’s PC access to the website. Therefore, the user’s IP address has to be stored for the period of the internet session. Data storage in log files is essential to ensure operatability of the internet website. Furthermore, the data is used to optimize our website and to ensure the security of information technology systems. We will not use the data collected in this context for marketing purposes.

For this purpose our legitimate interest is to comply with data processing according to Art. 6 Sec. 1 (f) GDPR.

4.      Storage Period

The data is deleted as soon as it is no longer required for achieving the purpose of its collection. In case of collecting data for providing website access, the data is deleted upon expiry of the individual session.

In case of data storage in log files, the data is deleted after seven days at the latest. An extended storage period is possible. In case of an extended storage period the obtained user IP addresses are deleted or alienated which will prevent specific IP-client allocation.

5.      Possibility to Object and Right to Deletion

Collecting data for permitting website access and data storage in log files is imperative for operating the internet website. For this reason, there is no possibility of objection by the user.

V.    Usage of Cookies

a) Description and Scope of Data Processing

This internet website uses cookies. Cookies are text files which are stored on the computer’s hard drive by/in the internet browser of the user. In case a user visits an internet website, a cookie can be stored on the user’s operating system. This cookie contains a characteristic string which allows for clear identification of the browser upon revisiting the website.

This website uses the following cookies which are explained as to function and scope in the following:

–          Transient Cookies

–          Persistent Cookies

We use cookies to make this website more user-friendly. Some elements on our website call for identification of the calling browser even after the user switched to another website. The cookies therefore store and transmit the following data:

  • Language settings
  • Log-in Information

Moreover, we use cookies on this website which allow us to analyse the user’s surfing behavior. In doing so the following data may be transmitted:

  • Entered search terms
  • Frequency of site calls
  • Use of website features

The user data collected thereby will be pseudonymised by technical precautions. It is thus no longer possible to allocate any data to a specific calling user. The data is not stored together with any other personal user data. When visiting the website, users are informed by an info banner about the usage of cookies for analyzing purposes and referred to this Privacy Statement. In this context there is also a note on how to prevent the storing of cookies in the browser settings.

b) Legal Grounds for Data Processing

The legal grounds for the processing of personal data by using technically required cookies is Art. 6 Sec. 1 (f) GDPR.

The legal grounds for the processing of personal data by using cookies for analyzing purposes is in case of a respective obtained user consent Art. 6 Sec. 1 (a) GDPR otherwise Art. 6 Sec. 1 (f) GDPR.

c) Purpose of Data Processing

The purpose of using cookies as required under technical aspects is to facilitate navigation of websites for users. Several functions of our internet website cannot be provided without cookies. In this case, it is necessary to recognise the browser again even after the user has switched to another website. The following applications require cookies:

  • Language settings storage
  • Search term storage

The collected user data which is necessary for cookies as required under technical aspects will not be used to create user profiles.

The use of analyzing cookies is intended for the purpose of improving the quality and contents of our website. Analyzing cookies allow us to gain information as to how the website is used and may thus be able to constantly optimize our services and adapt them to your needs and interests.

Said purposes represent our legitimate interest in processing personal data according to Art. 6 Sec. 1 (f) GDPR.

d) Storage Period, Possibility to Object and Right to Deletion

Transient Cookies are deleted automatically upon closing the browser. These cookies particularly include session cookies. Session cookies store a so-called session-ID which allows for allocating different inquiries of your browser to the related session. Your computer may thus be recognised again when re-visiting our website. Session cookies are deleted upon log-out or closing the browser.

Persistent cookies are deleted automatically after a stipulated period of time which may vary depending on the individual cookie. You may delete cookies in the security settings of your browsers any time. This will grant you as the user complete control over the usage of cookies. By changing the settings of your internet browser you may deactivate or restrict the transmission of cookies. Previously stored cookies can be deleted at any time. This may also be done automatically. In the event that cookies are deactivated for our website you may no longer be able to use all our website functions properly.

Transmitting of flash cookies, however, cannot be prevented via the browser settings but by changing the flash player settings.

VI.         Contact Form and E-Mail Contact

1.          Description and Scope of Data Processing

There is a contact form on our internet website which may be used for making contact electronically. In case a user makes use of this opportunity the data entered into the entry form will be transmitted to us and stored. At the moment of sending the message the following data will additionally be stored:

  • User’s IP address
  • Date and time of registration

For the purpose of processing the data, you are asked for your permission and referred to this Privacy Statement in the course of the sending process. Alternatively, you may use the given e-mail address to contact us. In this case, the personal user data transmitted along with the e-mail will be stored. In this context, your data will not be disclosed to any third party. The data will be used exclusively for processing the conversation.

2.      Legal Grounds for Data Processing

The legal grounds for the processing of data in case of a respective obtained user consent is Art. 6 Sec. 1 (a) GDPR. The legal grounds for processing of data which is transmitted in the course of sending an e-mail is Art. 6 Sec. 1 (f) GDPR. In case the e-mail contact aims at concluding a contract, the additional legal grounds for processing is Art. 6 Sec. 1 (b) GDPR.

3.      Purpose of Data Processing

The processing of personal data from the entry form solely serves for processing the contact. In case of contact via e-mail this is the essential legitimate interest in processing the data.

The other personal data processed during the sending process are intended to prevent misuse of the contact form and to ensure the security of our information technology systems.

4.      Storage Period

The data is deleted as soon as it is no longer required for achieving the purpose of its collection. In case of the personal data of the entry form of the contact form and data transmitted via e-mail this may be the case when the individual conversation with the user is ended. The conversation ends if the circumstances lead to the conclusion that the facts concerned are conclusively clarified. The additionally collected data during the sending process shall be deleted after a time period of seven days by the latest.

5.      Possibility to Object and Right to Deletion

The user has the possibility to revoke his consent to processing of the user’s personal data. In case the user contacts us via e-mail, the user may object to storing of personal user data at any time. In this particular case, the conversation cannot be continued.

In this case, all personal data collected in the course of making contact will be deleted.

VII.    Rights of the Person Concerned

In case your personal data is processed you shall be considered to be a person concerned in the sense of the GDPR and are thus entitled to rights against the responsible parties as follows:

1.      Right to Information

You may ask the responsible party for confirmation as to whether any personal data concerning you has been processed by us.

In case such processing has been conducted you may demand information from the responsible party as follows:

(1)       Purposes for which the personal data is processed;

(2)       Categories of personal data which is processed;

(3)       Recipients and/or categories of recipients to whom your personal data was disclosed or will be disclosed;

(4)       The planned period of storage of your personal data or, in case information thereto is not possible, criteria to determine the storage period;

(5)       The existence of a right of correction or deletion regarding your personal data, a right of restricted processing by the responsible parties or a right to objection against such processing;

(6)       The existence of a right of appeal before a regulatory authority;

(7)       All available information regarding the origin of data if the personal data was not obtained from the person concerned;

(8)       The existence of automatic decision making including profiling according to Art. 22 Sec. 1 and 4 GDPR and – at least in such cases – conclusive information as to involved logics as well as the scale and intended effects of such processing for the person concerned.

You are entitled to request information whether your personal data is transmitted to a third country or an international organisation. In this context you are entitled to be notfied as to appropriate guarantees according to Art. 46 GDPR in connection with the transmission.

2.      Right to Rectification

You are entitled to correction and/or completion for incorrect or incomplete personal data against the responsible party provided your personal data processed is incorrect or incomplete. The responsible party undertakes to correct your personal data immediately.

3.      Right to Restricted Processing

Based on the following prerequisites you may request restriction of processing of your personal data:

(1)       In the event that you contest the correctness of your personal data for a period which allows for the responsible party to verify the correctness of said personal data;

(2)       The processing of data is illegal and you reject deletion of your personal data but request restricted use of your personal data instead;

(3)       The responsible party no longer needs the personal data for purposes of processing but needs the personal data for the establishment, exercising or defense of legal claims, or

(4)       In case you have objected processing according to Art. 21 Sec. 1 GDPR and it is not yet certain if the legitimate reasons of the responsible party prevail over your interests worth of protection.

In the event that the processing of your personal data was restricted, this data may only be processed – apart from its storage – with your express consent or for the establishment, exercising or defense of legal claims or for the protection of the rights of other natural or legal persons or for substantial public interests of the European Union or its member states.

In case the processing of your personal data was restricted according to the above-mentioned prerequisites you shall be notified by the responsible party prior to removal of said restriction.

4.      Right to Deletion

a)     Deletion obligation

You may request immediate deletion of your personal data from the responsible party and the responsible party thus undertakes to immediately delete this data provided one of the following reasons applies:

(1)       Your personal data is no longer necessary for the purpose it was collected or processed in other terms.

(2)       You revoke your permission for processing based on Art. 6 Sec. 1 (a) or Art. 9 Sec. 2 (a) GDPR and there are no legal grounds for processing otherwise.

(3)       You object according to Art. 21 Sec. 1 GDPR against processing and there are no prevailing legitimate reasons for processing or you object processing according to Art. 21 Sec. 2 GDPR.

(4)       Your personal data was processed illegally.

(5)       The deletion of your personal data is necessary for compliance with legal obligations according to European Union law or the laws of its member states to which the responsible party is subjected to.

(6)                   Your personal data was collected with regard to offered services of the information society service according to Art. 8 Sec. 1 GDPR.

b)     Information to Third Parties

In the event that your personal data was made public by the responsible party and in case the responsible party is obliged to delete this data according to Art. 17 Sec. 1 GDPR the responsible party will take appropriate measures, under consideration of available technology and appropriate implementation costs, also under technological aspects, to inform the persons responsible for data processing, that you as a person concerned have requested the deletion of any links to this personal data as well as any copies or replications thereof.

c)      Exceptions

The right to deletion shall not apply if processing is necessary

(1)       For exercising the right of freedom of expression;

(2)       For compliance with a legal obligation which stipulates processing under the laws of the European Union or its member states to which the responsible party is subjected to or for the performance of a task in the public interest or for exercising of official authority with which the responsible person was assigned;

(3)       For reasons of public interest in the area of public health according to Art. 9 Sec. 2 (h) and (i) as well as Art. 9 Sec. 3 GDPR;

(4)       For archiving purposes in the public interest, scientific or historic research or statistical purposes according to Art. 89 Sec. 1 GDPR insofar as compliance with the rights referred to in Sec. a) foreseeably render the aims of this processing impossible or seriously limit them, or

(5)       For the establishment, exercising or defense of legal claims.

5.      Right to Notification

In the event that you have filed your legal claim for correction, deletion or restricted processing against the responsible party, the responsible party is obliged to notify all recipients to which your personal data was disclosed about said correction or deletion of this data or restriction of processing unless this proves impossible or involves disproportionate efforts.

You are then entitled to be notified by the responsible party about these recipients.

6.      Right to Data Portability

You are entitled to receive the personal data provided by you to the responsible party in a structured, conventional and machine-readable format. Furthermore, you are entitled to transmit this data to another responsible party without obstacles by the responsible party to whom the personal data was provided, insofar as

(1)       Processing is based on consent according to Art. 6 Sec. 1 (a) GDPR or Art. 9 Sec. 2 (a) GDPR or on a contract according to Art. 6 Sec. 1 (b) GDPR and

(2)       Processing is conducted by automated methods.

In the course of exercising these rights you are further entitled to have your personal data transmitted directly by a responsible party to another responsible party insofar as this is technically feasible. Freedoms and rights of other persons shall not be impaired thereby.

The right to data portability shall not apply for the processing of personal data which is necessary for the performance of a task in the public interest or exercising of official authority which the responsible party was assigned.

7.      Right to Objection

You are entitled for reasons arising from your particular situation to object the processing of your personal data based on Art. 6 Sec. 1 (e) or (f) GDPR at any given time; this shall also apply to any profiling according to these provisions.

In this case your personal data shall not be processed any further by the responsible party unless evidence of compelling and legitimate reasons for processing can be provided which prevail over your interests, rights and freedoms or processing serves for the establishment, exercising or defense of legal claims.

In the event that your personal data is processed for direct advertising, you are entitled to object against processing of your personal data for purpose of said advertising at any given time; this shall also apply to profiling insofar as it is conducted in connection with said direct advertising.

In case you have objected against processing for purposes of direct advertising your personal data shall not be processed for such purposes.

In connection with the use of the services of the information society services – regardless of the guidelines of 2002/58/EC – you have the option to object via automated methods in which technical specifications are applied.

8.      Right to Revocation of the Data Privacy Declaration

You are entitled to revoke your data privacy consent declaration at any given time. By revoking your consent the lawfulness of the processing based on your consent until the time of revocation shall not be affected.

9.      Automated Decision in Individual Cases including Profiling

You are entitled to not only being subjected to a decision based on entirely automated processing – including profiling – which affects you legally or significantly affects you in a similar manner. This shall not apply if the decision

(1)       Is necessary for concluding or performing a contract between you and the responsible party,

(2)       Is permissible based on legal stipulations of the European Union or its member states to which the responsible party is subjected to and said legal stipulations include appropriate measures for preserving your rights and freedoms as well as your legitimate interests or

(3)       Is made with your express consent.

These decisions, however, must not be based on particular categories of personal data according to Art. 9 Sec. 1 GDPR unless Art. 9 Sec. 2 (a) or (g) applies and appropriate measures for protecting your rights and freedoms as well as legitimate interests were taken.

With regard to the cases mentioned in (1) and (3) the responsible party is taking appropriate measures to preserve your rights and freedoms as well as legitimate interests which at least include the right to obtain interference of a person by the responsible party, presenting your point of view and challenging the decision.

10.   Right of Appeal before a Regulatory Authority

Irrespective of any other administrative or legal appeals you are entitled to the right of appeal before a regulatory authority, particularly in the member state of your abode, your work place or the place of the alleged infringement if you are convinced that the processing of your personal data violates the GDPR.

The regulatory authority at which the appeal was filed informs the complainant as to the state and results of the appeal including the possibility of judicial remedy according to Art. 78 GDPR.