Privacy Policy
This Privacy Policy informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) in the context of providing our services, as well as within our online offering and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the “online offering”). With regard to the terminology used, such as “processing” or “controller”, we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
Controller
Responsible for content:
Andreas Bromba
Stargarder Str. 75
10437 Berlin
Tel.: +49 (0) 172-395 93 90
Fax: +49 (0) 30-2016 4026
Email: info[at]nukleaform.de
Web: www.nukleaform.de
VAT ID No.: DE162524690
Copyright
All content of this offering is protected by copyright. Any further publication, use and recording for print and electronic media requires—unless stated otherwise—the permission of INDUSTRIE-ROMANTIK or the respective copyright holder.
Liability for links
With its judgment of 12 September 1999 – 312 O 85/99 – “Liability for links” – the Hamburg Regional Court ruled that by placing a link, one may be jointly responsible for the content of the linked page under certain circumstances. This can—according to the Regional Court—only be prevented by expressly distancing oneself from such content.
We hereby expressly distance ourselves from all content on linked pages or graphics and do not adopt them as our own in any way. Any violations of applicable law, decency, or morality that come to our attention will result in the immediate removal of links, entries, graphics, or similar content.
Types of data processed
– Inventory data (e.g., master personal data, names or addresses).
– Contact data (e.g., email, telephone numbers).
– Content data (e.g., text entries, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).
Categories of data subjects
Visitors and users of the online offering (hereinafter we collectively refer to the data subjects as “users”).
Purpose of processing
– Provision of the online offering, its functions and content.
– Responding to contact enquiries and communicating with users.
– Security measures.
– Reach measurement/marketing
Terminology used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); a natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g., cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.
“Pseudonymisation” means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures that ensure that the personal data are not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
A “controller” is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Relevant legal bases
In accordance with Art. 13 GDPR, we inform you of the legal bases for our data processing. For users within the scope of the General Data Protection Regulation (GDPR), i.e. the EU and the EEA, the following applies if the legal basis is not stated in the Privacy Policy:
The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR;
The legal basis for processing for the performance of our services and for carrying out contractual measures as well as responding to enquiries is Art. 6(1)(b) GDPR;
The legal basis for processing to fulfil our legal obligations is Art. 6(1)(c) GDPR;
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6(1)(d) GDPR serves as the legal basis.
The legal basis for the necessary processing for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller is Art. 6(1)(e) GDPR.
The legal basis for processing to safeguard our legitimate interests is Art. 6(1)(f) GDPR.
Processing of data for purposes other than those for which they were collected is determined in accordance with the provisions of Art. 6(4) GDPR.
The processing of special categories of data (pursuant to Art. 9(1) GDPR) is determined in accordance with the provisions of Art. 9(2) GDPR.
Security measures
In accordance with the statutory requirements, taking into account the state of the art, implementation costs, and the nature, scope, circumstances and purposes of processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, we implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
These measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access relating to them, input, disclosure, securing availability and separation. Furthermore, we have established procedures to ensure the exercise of data subject rights, deletion of data and responses to threats to data. We also take the protection of personal data into account as early as the development and/or selection of hardware, software and procedures, in accordance with the principle of data protection by design and by privacy-friendly default settings.
Cooperation with processors, joint controllers and third parties
If, in the course of our processing, we disclose data to other persons and companies (processors, joint controllers or third parties), transmit it to them or otherwise grant them access to the data, this is done only on the basis of a legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary for contract performance), if users have consented, if a legal obligation provides for it, or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we disclose, transmit or otherwise grant access to data to other companies within our corporate group, this is done in particular for administrative purposes as a legitimate interest and, beyond that, on a basis that complies with statutory requirements.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation), or if this occurs in the context of using third-party services or disclosing or transferring data to other persons or companies, this is done only if it is necessary to fulfil our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation, or on the basis of our legitimate interests. Subject to express consent or contractually required transfer, we process or have data processed in third countries only where there is a recognised level of data protection, including US processors certified under the “Privacy Shield”, or on the basis of special safeguards, such as contractual obligations through so-called EU Commission Standard Contractual Clauses, the existence of certifications, or binding internal data protection rules (Art. 44 to 49 GDPR, EU Commission information page).
Rights of data subjects
You have the right to request confirmation as to whether data concerning you are being processed, and to obtain information about such data as well as further information and a copy of the data in accordance with statutory provisions.
In accordance with statutory provisions, you have the right to request the completion of data concerning you or the rectification of inaccurate data concerning you.
In accordance with statutory provisions, you have the right to request that data concerning you be deleted without undue delay or, alternatively, to request a restriction of the processing of the data in accordance with statutory provisions.
You have the right to receive the data concerning you that you have provided to us, in accordance with statutory provisions, and to request its transmission to other controllers.
You also have the right, in accordance with statutory provisions, to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to withdraw any consent you have given with effect for the future.
Right to object
You may object to the future processing of data concerning you at any time in accordance with statutory provisions. The objection may be made in particular against processing for direct marketing purposes.
Cookies and right to object to direct marketing
“Cookies” are small files that are stored on users’ computers. Various information can be stored within cookies. A cookie primarily serves to store information about a user (or the device on which the cookie is stored) during or after their visit within an online offering. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie may, for example, store the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be stored if users return after several days. Likewise, users’ interests can be stored in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies” are cookies offered by providers other than the controller operating the online offering (otherwise, if it is only their cookies, these are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this within this Privacy Policy.
If we ask users for consent to the use of cookies (e.g. as part of a cookie consent), the legal basis for this processing is Art. 6(1)(a) GDPR. Otherwise, users’ personal cookies are processed in accordance with the explanations below within the scope of this Privacy Policy on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offering within the meaning of Art. 6(1)(f) GDPR) or, if the use of cookies is necessary for the provision of our contractual services, pursuant to Art. 6(1)(b) GDPR, or if the use of cookies is necessary for the performance of a task carried out in the public interest or in the exercise of official authority, pursuant to Art. 6(1)(e) GDPR.
If users do not wish cookies to be stored on their computer, they are requested to disable the relevant option in their browser’s system settings. Stored cookies can be deleted in the browser’s system settings. Excluding cookies may lead to functional limitations of this online offering.
A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be prevented by disabling them in the browser settings. Please note that in this case, not all functions of this online offering may be available.
Deletion of data
The data processed by us are deleted or restricted in their processing in accordance with statutory provisions. Unless expressly stated otherwise within this Privacy Policy, the data stored by us are deleted as soon as they are no longer required for their intended purpose and no statutory retention obligations prevent deletion.
If the data are not deleted because they are required for other legally permissible purposes, their processing is restricted. This means the data are blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
Changes and updates to the Privacy Policy
We ask you to regularly inform yourself about the content of our Privacy Policy. We adapt the Privacy Policy as soon as changes to the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or other individual notification.
Contacting us
When contacting us (e.g. via contact form, email, telephone or via social media), the user’s information is processed for the purpose of handling the contact enquiry and its processing pursuant to Art. 6(1)(b) (within the scope of contractual/pre-contractual relationships), Art. 6(1)(f) (other enquiries) GDPR. Users’ information may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation.
We delete enquiries if they are no longer required. We review the necessity every two years; furthermore, statutory archiving obligations apply.
Newsletter
With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures, and your rights to object. By subscribing to our newsletter, you agree to receive it and to the procedures described.
Newsletter content: We send newsletters, emails and other electronic notifications with promotional information (hereinafter “newsletter”) only with the recipients’ consent or a legal permission. If the contents of the newsletter are specifically described as part of the registration, they are decisive for the users’ consent. Otherwise, our newsletters contain information about our services and about us.
Double opt-in and logging: Registration for our newsletter takes place using a so-called double opt-in procedure. This means that after registering you will receive an email in which you are asked to confirm your registration. This confirmation is necessary so that no one can register using someone else’s email address. Newsletter registrations are logged in order to be able to prove the registration process in accordance with legal requirements. This includes storing the time of registration and confirmation, as well as the IP address. Changes to your data stored by the dispatch service provider are also logged.
Registration data: To register for the newsletter, it is sufficient to provide your email address. Optionally, we ask you to provide a name for personal addressing in the newsletter.
The newsletter is sent and its associated success measurement is carried out on the basis of the recipients’ consent pursuant to Art. 6(1)(a), Art. 7 GDPR in conjunction with Section 7(2) No. 3 UWG, or, if consent is not required, on the basis of our legitimate interests in direct marketing pursuant to Art. 6(1)(f) GDPR in conjunction with Section 7(3) UWG.
The logging of the registration procedure is carried out on the basis of our legitimate interests pursuant to Art. 6(1)(f) GDPR. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves our business interests as well as users’ expectations and also allows us to provide proof of consent.
Cancellation/withdrawal – You can cancel receipt of our newsletter at any time, i.e. withdraw your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store unsubscribed email addresses for up to three years on the basis of our legitimate interests before deleting them, in order to be able to prove that consent was previously given. The processing of these data is limited to the purpose of a possible defence against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.
Newsletter – success measurement
The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened or, if we use a dispatch service provider, from their server. As part of this retrieval, technical information is initially collected, such as information about the browser and your system, as well as your IP address and the time of retrieval.
This information is used to technically improve the services based on the technical data, or to improve the target groups and their reading behaviour based on the retrieval locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor, if used, that of the dispatch service provider to monitor individual users. Rather, the evaluations help us to recognise our users’ reading habits and to adapt our content to them, or to send different content according to our users’ interests.
Unfortunately, a separate withdrawal of the success measurement is not possible; in this case, the entire newsletter subscription must be cancelled.
Hosting and email dispatch
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, email dispatch, security services and technical maintenance services, which we use for the purpose of operating this online offering.
In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering pursuant to Art. 6(1)(f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).
Collection of access data and log files
We, or our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) on the basis of our legitimate interests within the meaning of Art. 6(1)(f) GDPR. The access data include the name of the retrieved website, file, date and time of retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. to investigate misuse or fraudulent activities) for a maximum of 7 days and then deleted. Data whose further retention is required for evidentiary purposes are exempt from deletion until the respective incident has been finally clarified.