Information according to Articles 13, 14, and 21 of the EU General Data Protection Regulation (GDPR)
Preamble This document provides information about the processing of your personal data by us and the rights and claims you are entitled to under data protection regulations. The specific data processed and how it is used depends on the services you request or have agreed with us.
Who is responsible for the data processing and whom can I contact? The responsible party is:
Regina Djakonov
Zabergäustr. 2
74336 Brackenheim-Meimsheim
post(at)mini-smile.com
Which sources and data do we use?
We process personal data that we have received from you within the context of our business relationship. Additionally, we process personal data necessary for providing our services, which we may have received from other sources (e.g., institutions where we photograph, such as schools and daycare centers). We may also process personal data that we have lawfully obtained from publicly accessible sources (e.g., debtor directories, press, media). Relevant personal data includes personal details and contact information (name, address, phone number, and email address). Additionally, this may also include order data, contractual data, advertising and sales data, documentation data, data related to your use of our online services, and other comparable data.
For what purpose do we process your data (purpose of processing) and on which legal basis? We process personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
3.1. For the fulfillment of contractual obligations (Art. 6 (1) (b) GDPR)
The processing of personal data is carried out to provide the services as a photographer, including selling images, electronic transmission, or production of photo products and delivery to customers. This also includes the execution of our contracts or pre-contractual measures with you and fulfilling your orders. The purposes of data processing primarily depend on the obligations arising from the purchase contract you enter into with us by placing an order in our store, which may include reminders for important events. Further details on the purpose of data processing can be found in the respective terms and conditions.
3.2. Within the context of balancing interests (Art. 6 (1) (f) GDPR)
If necessary, we process your data beyond the fulfillment of the contract to safeguard legitimate interests of ourselves or third parties. This includes, for example:
Advertising or market and opinion research, unless you have objected to the use of your data
Enforcing legal claims and defending against legal disputes
Ensuring IT security
Preventing and investigating criminal offenses
Measures for business management and development of services and products
We also process personal data that you provide to us via the contact form. These data are required to process your inquiry. Once the inquiry has been processed, we delete the data.
If we photograph at events, we process the personal data of the attendees based on the legitimate interest to fulfill the provided order and offer these for purchase. In this case, we have informed attendees about the photography and the right to object. Please note that an objection only takes effect for the future; data processing already carried out remains unaffected.
3.3. Based on your consent (Art. 6 (1) (a) GDPR)
If you have given us consent for the processing of personal data for specific purposes (e.g., publication or use of images), the legality of this processing is based on your consent. Any granted consent can be withdrawn at any time with effect for the future. Withdrawal only affects future processing, not processing already carried out.
3.4. Due to legal requirements (Art. 6 (1) (c) GDPR) or in the public interest (Art. 6 (1) (e) GDPR)
We process personal data also based on legal requirements, such as retention obligations according to the Commercial Code (HGB) and the Tax Code (AO).
Who receives my data? In the course of using the online store, your data will be made available to those entities who require it to fulfill our contractual and legal obligations. We may also share data with processors (Art. 28 GDPR) for these purposes, such as companies from the IT services, photo product production, logistics, and telecommunications sectors. Data will only be passed on to recipients outside Regina Djakonov when required by law, with your consent, or when we are legally authorized to provide information.
How long will my data be stored? If required, we process and store your personal data to fulfill our contractual obligations. We are also subject to various retention and documentation obligations, which arise from the Commercial Code (HGB) and the Tax Code (AO). The prescribed periods for retention or documentation are between two and ten years. Additionally, the retention periods are subject to legal limitation periods, which generally last three years, but can extend up to 30 years in certain cases.
Will data be transferred to a third country or an international organization? Data will only be transferred to third countries (countries outside the European Economic Area, EEA) if necessary to execute the contracts we have concluded with you, if legally required, or if you have granted us your consent. We will inform you separately if such a transfer occurs.
What data protection rights do you have? Every data subject has the right to request information under Art. 15 GDPR, the right to rectification under Art. 16 GDPR, the right to erasure under Art. 17 GDPR, the right to restriction of processing under Art. 18 GDPR, and the right to data portability under Art. 20 GDPR. For the rights of access and deletion, the restrictions in Sections 34 and 35 BDSG apply. Additionally, there is the right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR).
Am I obligated to provide data? In the context of our business relationship, you are only required to provide personal data that is necessary to establish, perform, and terminate the business relationship, or data that we are legally required to collect. Without this data, we may not be able to conclude the contract or execute the order.
Notification of important events When registering for notifications by email and/or SMS, the data you provide will only be used for this purpose. The data will not be shared with third parties except for the delivery of notifications. You can withdraw your consent at any time.
Third-party functions
10.1 Cookies
Cookies are text files that are stored on your computer to analyze the usage of our website. You can disable cookies in your browser settings, but some website features may not be available. We use cookies from Google Analytics, Google Adwords, and New Relic Inc., among others.
10.2 Social Media Plugins
Our website uses social media plugins from various providers. Data is only collected after activating the respective plugin. You can object to the data collection by these plugins at any time.
Information about your right to object according to Art. 21 GDPR
General right to object
You have the right to object to the processing of your personal data at any time if it is based on a balancing of interests.
Right to object to direct marketing
You have the right to object to the processing of your data for direct marketing purposes at any time. In this case, we will no longer process your personal data for these purposes.
