Privacy policy | Lidia's Art

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Status: November 7, 2023

This privacy policy clarifies the nature, scope, and purpose of the processing of personal data (from now on referred to as "data") within our online offer and the associated websites, functions, and content as well as external online presences, such as our social media profile (from now on collectively referred to as "online offer"). About the terms used, such as "processing" or "controller", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Responsible person

Lidia Rychlinska
Gerauer Str. 48

60528, Frankfurt am Main
lidia.rychlinska@gmail.com

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

- Inventory data
- Payment data
- Contact data
- Content data
- Usage data
- Meta, communication, and process data.

Categories of data subjects

- Customers
- Interested parties
- Users.

Purposes of the processing

- Contact requests, communication, and managing and responding to requests
- Security measures
- Feedback
- Marketing/reach measurement
- Provision of our online offer, its functions and content as well as user-friendliness.

Relevant legal bases

Relevant legal bases according to the GDPR: By Art. 13 GDPR, we inform you of the legal bases of our data processing. Please note that in addition to the provisions of the GDPR, national data protection regulations may apply in your or our country of residence or domicile. Should more specific legal bases also apply in individual cases, we will inform you of these in the privacy policy.

Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR) - The data subject has given their consent to the processing of their data for a specific purpose or several specific purposes.
Performance of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR) - Processing is necessary for the performance of a contract to which the data subject is party or to take steps at the request of the data subject before entering into a contract.
Legal obligation (Art. 6 para. 1 sentence 1 lit. c) GDPR) - Processing is necessary for compliance with a legal obligation to which the controller is subject.
Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR) Processing is necessary for the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.

National data protection regulations in Germany: In addition to the data protection regulations of the GDPR, national data protection regulations apply in Germany. These include, in particular, the Act on the Protection against Misuse of Personal Data in Data Processing (Federal Data Protection Act - BDSG). In particular, the BDSG contains special regulations on the right to information, the right to erasure, the right to object, the processing of special categories of personal data, processing for other purposes, and transmission as well as automated decision-making in individual cases, including profiling. Furthermore, state data protection laws of the individual federal states may apply.

Note on the applicability of the GDPR and Swiss FADP: This data protection notice serves to provide information about both the Swiss Federal Act on Data Protection (FADP) and the General Data Protection Regulation (GDPR). For this reason, please note that the terms of the GDPR are used due to the broader geographical application and comprehensibility. In particular, instead of the terms "processing" of "personal data", "overriding interest" and "sensitive personal data" used in the Swiss DPA, the terms "processing" of "personal data", "legitimate interest" and "special categories of data" used in the GDPR are used. However, the legal meaning of the terms will continue to be determined by the Swiss DPA within the scope of application of the Swiss DPA.

Security measures

We take appropriate technical and organizational measures by the legal requirements, taking into account the state of the art, the implementation costs, and the nature, scope, circumstances, and purposes of the processing as well as the different probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, to ensure a level of protection appropriate to the risk.

The measures include, in particular, safeguarding the confidentiality, integrity, and availability of data by controlling physical and electronic access to the data as well as the access, input, disclosure, safeguarding of availability, and its separation. Furthermore, we have established procedures that ensure the exercise of data subject rights, the deletion of data, and responses to data threats. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software, and processes by the principle of data protection, through technology design and data protection-friendly default settings.

We ask you to inform yourself regularly about the content of our privacy policy. We will 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.

Transmission of personal data

If we disclose data to other persons and companies (processors or third parties) as part of our processing, transfer it to them, or otherwise grant them access to the data, this will only be done based on legal permission (e.g. if the transfer of data to third parties, such as payment service providers, is necessary for the performance of a contract under Art. 6 para. 1 lit. b GDPR), you have consented, a legal obligation provides for this or based on our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties with the process of data based on a so-called "order processing contract", this is done based on Art. 28 GDPR.

International data transfers

Data processing in third countries: If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or the processing takes place in the context of the use of third-party services or the disclosure or transfer of data to other persons, bodies or companies, this only takes place by the legal requirements. If the level of data protection in the third country has been recognized using an adequacy decision (Art. 45 GDPR), this serves as the basis for the data transfer. Otherwise, data will only be transferred if the level of data protection is otherwise ensured, in particular through standard contractual clauses (Art. 46 para. 2 lit. c) GDPR), express consent or in the case of contractual or legally required transfer (Art. 49 para. 1 GDPR). In addition, we will inform you of the basis for third-country transfers with the individual providers from the third country, whereby the adequacy decisions take precedence. Information on third-country transfers and existing adequacy decisions can be found in the information provided by the EU Commission: International dimension of data protection (europa.eu)

EU-US Trans-Atlantic Data Privacy Framework: As part of the so-called "Data Privacy Framework" (DPF), the EU Commission has also recognized the level of data protection for certain companies from the USA as secure as part of the adequacy decision of 10.07.2023. The list of certified companies and further information on the DPF can be found on the website of the US Department of Commerce at https://www.dataprivacyframework.gov/ (in English). As part of the data protection information, we will inform you which service providers we use are certified under the Data Privacy Framework.

Rights of the data subjects

Rights of data subjects under the GDPR: As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Art. 15 to 21 GDPR:

Right to object: You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Right to withdraw consent: You have the right to withdraw your consent at any time.
Right of access: You have the right to obtain confirmation as to whether or not personal data concerning you is being processed and to access this data as well as further information and a copy of the data by the legal requirements.
Right to rectification: By the legal requirements, you have the right to request the completion of the data concerning you or the rectification of incorrect data concerning you.
Right to erasure and restriction of processing: By the legal requirements, you have the right to demand that data concerning you be erased immediately or to demand that the processing of the data be restricted by the legal requirements.
Right to data portability: You have the right to receive the data concerning you, which you have provided to us, in a structured, commonly used, and machine-readable format by the legal requirements or to request its transmission to another controller.
Complaint to the supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to complain with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of alleged infringement if you consider that the processing of personal data relating to you infringes the provisions of the GDPR.

Use of cookies

Cookies are small text files or other storage notes that store information on end devices and read information from the end devices. For example, to store the login status in a user account, the contents of a shopping cart in an e-shop, the content accessed, or functions used in an online offering. Cookies can also be used for various purposes, e.g. to ensure the functionality, security, and convenience of online services and to analyze visitor flows.

Notes on consent:

We use cookies for the statutory provisions. We therefore obtain prior consent from users, unless this is not required by law. In particular, consent is not required if the storage and reading of information, including cookies, is necessary to provide the user with a Telemedia service expressly requested by them (i.e. our online offer). Strictly necessary cookies generally include cookies with functions that serve the display and operability of the online service, load balancing, security, storage of user preferences and selection options, or similar purposes related to the provision of the main and secondary functions of the online service requested by the user. The revocable consent is communicated to the users and contains the information on the respective use of cookies.

Information on legal bases under data protection law: The legal basis under data protection law on which we process users' data with the help of cookies depends on whether we ask users for their consent. If users give their consent, the legal basis for processing their data is the consent given. Otherwise, the data processed using cookies will be processed based on our legitimate interests (e.g. in the commercial operation of our online offering and improving its usability) or, if this is done in the context of fulfilling our contractual obligations, if the use of cookies is necessary to fulfill our contractual obligations. We explain the purposes for which we process cookies in the course of this privacy policy or as part of our consent and processing procedures.

Storage duration

A distinction is made between the following types of cookies about storage duration:

Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online service and closed their end device (e.g. browser or mobile application).
Permanent cookies: Permanent cookies remain stored even after the end device is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. The user data collected with the help of cookies can also be used to measure reach. If we do not provide users with explicit information on the type and storage duration of cookies (e.g. when obtaining consent), users should assume that cookies are permanent and can be stored for up to two years.

General information on revocation and objection (so-called "opt-out"): Users can revoke the consent they have given at any time and object to processing by the legal requirements. Among other things, users can restrict the use of cookies in their browser settings (although this may also restrict the functionality of our online offering). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.

Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR). Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR).

Further information on processing processes, procedures, and services:

Processing of cookie data based on consent: We use a cookie consent management procedure in which the consent of users to the use of cookies, or the processing and providers named in the cookie consent management procedure, can be obtained and managed and revoked by users. The declaration of consent is stored so that it does not have to be requested again and the consent can be proven by the legal obligation. Consent can be stored on the server and/or in a cookie (so-called opt-in cookie or with the help of comparable technologies) to be able to assign consent to a user or their device. Subject to individual information on the providers of cookie management services, the following information applies: Consent may be stored for up to two years. A pseudonymous user identifier is created and stored with the time of consent, information on the scope of consent (e.g. which categories of cookies and/or service providers) as well as the browser, system, and end device used; legal basis: consent (Art. 6 para. 1 sentence 1 lit. a) GDPR).

Business services

We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as "contractual partners") in the context of contractual and comparable legal relationships and related measures and in the context of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.

We process this data to fulfill our contractual obligations. These include, in particular, the obligations to provide the agreed services, any updating obligations, and remedies in the event of warranty and other service disruptions. In addition, we process the data to safeguard our rights and for the administrative tasks associated with these obligations and the company organization. In addition, we process the data based on our legitimate interests in proper and efficient business management and in security measures to protect our contractual partners and our business operations from misuse, and threats to their data, secrets, information, and rights (e.g. to involve telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the framework of applicable law, we only pass on the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfill legal obligations. Contractual partners will be informed about other forms of processing, e.g. for marketing purposes, as part of this privacy policy.

We inform the contractual partners which data is required for the aforementioned purposes before or during data collection, e.g. in online forms, using special marking (e.g. colors) or symbols (e.g. asterisks or similar), or personally.

We delete the data after the expiry of statutory warranty and comparable obligations, i.e. generally after 4 years, unless the data is stored in a customer account, e.g. as long as it must be retained for legal archiving reasons. The statutory retention period is ten years for documents relevant under tax law as well as for trading books, inventories, opening balance sheets, annual financial statements, the work instructions required to understand these documents and other organizational documents and accounting records, and six years for commercial and business letters received and reproductions of commercial and business letters sent. The period begins at the end of the calendar year in which the last entry was made in the book, the inventory, the opening balance sheet, the annual financial statements or the management report was prepared, and the commercial or business letter was received or sent or the accounting document was created, the record was made or the other documents were created.

Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply to the relationship between the users and the providers.

Processed data types: Inventory data (e.g. names, addresses); Payment data (e.g. bank details, invoices, payment history); Contact data (e.g. email, telephone numbers); Usage data (e.g. websites visited, interest in content, access times); Meta, communication and process data (e.g. IP addresses, time data, identification numbers, consent status).
Data subjects: Customers and interested parties.
Purposes of Processing: Provision of contractual services and fulfillment of contractual obligations; Security measures; Contact requests and communication; Managing and responding to inquiries.
Legal basis: Performance of a contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR); Legal obligation (Art. 6 para. 1 sentence 1 lit. c) GDPR). Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

Further information on processing operations, procedures, and services:

Store and e-commerce: We process the data of our customers to enable them to select, purchase, or order the selected products, goods, and associated services, as well as their payment and delivery or execution. If necessary for the execution of an order, we use service providers, in particular postal, forwarding, and shipping companies, to carry out the delivery or execution for our customers. We use the services of banks and payment service providers to process payment transactions. The required information is marked as such in the context of the order or comparable purchase process and includes the information required for delivery or provision and billing as well as contact information to be able to hold any consultation; legal basis: contract fulfillment and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR).

The deletion takes place after the expiry of statutory warranty and comparable obligations, and the necessity of storing the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) retention obligation).

Provision of the online offer and web hosting

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

Processed data types: Usage data (e.g. websites visited, interest in content, access times); meta, communication, and procedural data (e.g. . e.g. IP addresses, time data, identification numbers, consent status).
Data subjects: Users (e.g. website visitors, users of online services).
Purposes of processing: Provision of our online services and user-friendliness; information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)). Security measures.
Legal bases: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).

Further information on processing operations, procedures, and services:

Collection of access data and log files: Access to our online offering is logged in the form of so-called "server log files". The server log files may include the address and name of the websites and files accessed, date and time of access, data volumes transferred, notification of successful access, browser type, and version, the user's operating system, referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files may be used for security purposes, e.g. to avoid overloading the servers (especially in the event of abusive attacks, so-called DDoS attacks) and to ensure the utilization of the servers and their stability; legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR). Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymized. Data whose further storage is required for evidentiary purposes is exempt from deletion until the respective incident has been finally clarified.

Deletion of data

The data processed by us will be deleted or its processing restricted by Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

According to legal requirements in Germany, data is stored in particular for 10 years by §§ 147 para. 1 AO, 257 para. 1 no. 1 and 4, para. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years by § 257 para. 1 no. 2 and 3, para. 4 HGB (commercial letters).

According to legal requirements in Austria, storage takes place in particular for 7 years by Section 132 Paragraph 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenses, etc.), for 22 years in connection with real estate and for 10 years for documents relating to electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One-Stop Shop (MOSS) is used.

Contact and inquiry management When you contact us (e.g. by post, contact form, email, telephone, or via social media) as well as within the framework of existing user and business relationships, the information provided by the inquiring person is processed to the extent necessary to answer contact inquiries and any requested measures is required.

Types of data processed: contact details (e.g. email, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta, communication, and procedural data (e.g. IP addresses, time information, identification numbers, consent status). • Affected people: communication partners. • Purposes of processing: contact requests and communication; managing and responding to inquiries; Feedback (e.g. collecting feedback via online form). Provision of our online offering and user-friendliness. • Legal basis: Legitimate interests (Art. 6 Para. 1 Sentence 1 Letter f) GDPR). Fulfillment of the contract and pre-contractual inquiries (Art. 6 para. 1 sentence 1 lit. b) GDPR).

Further information on processing processes, procedures and services: • Contact form: If users contact us via our contact form, email or other communication channels, we process the data provided to us in this context to process the request communicated; Legal basis: Fulfillment of the contract and pre-contractual inquiries (Art. 6 Para. 1 S. 1 lit. b) GDPR), legitimate interests (Art. 6 Para. 1 S. 1 lit. f) GDPR).

Presences in social networks (social media)

We maintain online presences within social networks and process user data in this context to communicate with active users there or to offer information about us. We would like to point out that user data may be processed outside the European Union. This can result in risks for users because, for example: B. enforcement of users' rights could be made more difficult. Furthermore, user data within social networks is usually processed for market research and advertising purposes. For example, B. Usage profiles can be created based on usage behavior and the resulting interests of the users. The usage profiles can in turn be used, for example. B. to place advertisements inside and outside the networks that presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users' computers, in which the usage behavior and interests of the users are stored. Furthermore, data can also be stored in the usage profiles regardless of the devices used by the users (particularly if the users are members of the respective platforms and are logged in to them).

For a detailed description of the respective forms of processing and the options for objection (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks. In the case of requests for information and the assertion of the rights of those affected, we would also like to point out that these can most effectively be asserted with the providers. Only the providers have access to user data and can take appropriate measures and provide information directly. If you still need help, you can contact us.

Types of data processed: contact details (e.g. email, telephone numbers); Content data (e.g. entries in online forms); Usage data (e.g. websites visited, interest in content, access times); Meta, communication, and procedural data (e.g. IP addresses, time information, identification numbers, consent status).
Data subjects: Users (e.g. website visitors, users of online services). • Purposes of processing: contact requests and communication; Feedback (e.g. collecting feedback via online form).
Marketing.
Legal basis: Legitimate interests (Art. 6 Para. 1 Sentence 1 Letter f) GDPR). Further information on processing processes, procedures, and services:
Instagram: social network; Service Provider: Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland; Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Website: https://www.instagram.com. Data protection declaration: https://instagram.com/about/legal/privacy.

Business-related processing

Additionally we process

• Payment data (e.g., bank details, payment history) from our customers, interested parties, and business partners to provide contractual services, service and customer care, marketing, advertising, and market research.

Administration, financial accounting, office organization, contact management

We process data as part of administrative tasks such as organizing our operations, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process as part of the provision of our contractual services. The basis for processing is Article 6 Paragraph 1 Letter C. GDPR, Art. 6 Para. 1 lit. f. GDPR. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose and our interest in the processing lies in administration, financial accounting, office organization, and archiving of data, i.e. tasks that serve to maintain our business activities, carry out our tasks, and provide our services. The deletion of data about contractual services and contractual communication corresponds to the information provided in these processing activities. We disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors as well as other fee offices and payment service providers. Furthermore, based on our business interests, we store information about suppliers, organizers, and other business partners, e.g. for later contact. We generally store this mostly company-related data permanently.

Integration of third-party services and content

Within our online offering, we use content or service offerings from third-party providers based on our legitimate interests (i.e. interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 Para. 1 lit. f. GDPR) to improve their content and To integrate services such as videos or fonts (hereinafter referred to as “content”). This always assumes that the third-party providers of this content are aware of the user's IP address, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information can also be stored in cookies on the user's device and may contain, among other things, technical information about the browser and operating system, referring websites, visiting time, and other information about the use of our online offering, as well as being linked to such information from other sources.

Updates or Changes to the Privacy Policy We may revise this Privacy Policy from time to time at our sole discretion, the version posted on the Site will always be current (see “As of” statement). We encourage you to periodically review this Privacy Policy for any changes. If there are any significant changes, we will post a notice on our website. Your continued use of the Services following notification of changes on our website will constitute your acknowledgment and agreement to the changes to the Privacy Policy and your agreement to be bound by the terms and conditions of such changes.

Created with Datenschutz-Generator.de by Dr. Thomas Schwenke