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DATA PRIVACY NOTICE

 

Please read this Data Privacy Notice carefully to understand the scope of how we process personal data concerning you (data).

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1.     Controller responsible for data processing

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Pursuant to the European Union’s General Data Protection Regulation (GDPR), the controller is:

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IMAGICKS

Viola Bergmann

Beihinger Str. 26

71726 Benningen a.N.

Germany

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T.: +49 173 6893078
E.: info(at)imagicks.com

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Exercising your rights as a data subject

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If you have any questions concerning the processing of data concerning you or the exercising of your rights as a data subject, please use the contact details provided under point 1.

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2.     General Information about data processing

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I process data as part of my business and website operations.

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This also includes the disclosure of data through its transfer to third parties and, if necessary, to third countries outside the European Union (EU) and the European Economic Area (EEA). Insofar as I transfer data to countries outside the EU or EEA, I have indicated this below.

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3.     Data processing

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The data, processing purposes, lawful bases, recipients and, if applicable, transfers to third countries are listed in the following:

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a)    Website visit log file

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I record your visit to my website. This involves the processing of the following:

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  • name(s) of the page(s) you visit,

  • date and time of access,

  • amount of data transferred,

  • browser type and version,

  • operating system used by you,

  • referrer URL (the website you visited prior to ours),

  • your IP address,

  • the requesting provider.

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Pursuant to Article 6(1)f GDPR, the lawful basis for processing is the overriding legitimate interest pursued by me to maintain the availability and security of my website.

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b)    Hosting by Wix.com

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I use the services of Wix.com Ltd., Namal 40, 6350671 Tel Aviv, Israel (Wix.com) to host my website. Wix.com processes the aforementioned data as well as all data to be processed in connection with the running of this website (log file when visiting the website) on my behalf. When displaying the content in question, data, including your IP address and location, are transferred to Wix.com servers in Israel and the USA and stored there.

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The European Commission’s adequacy decision (2011/61/EU) of 31.01.2011 guarantees that Israel has an adequate level of data protection.

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Pursuant to Article 6(1)f GDPR, the lawful basis for processing is the overriding legitimate interest pursued by me to provide my website and market my service offering in the best way possible.

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For further information on data processing, see: https://www.wix.com/about/privacy

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c)    Data processing for general contact-related purposes

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If you get in touch with me, I will process the following data from you to process and administer your request: name, contact details – if provided by you – and your message.

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The lawful basis for data processing is our obligation to perform the contract and/or fulfil our obligations to take steps at your request prior to entering into a contract pursuant to Article 6(1)b GDPR and/or the overriding legitimate interest pursued by us to process your request pursuant to Article 6(1)f GDPR.

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d)    Data processing for employment-related purposes

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If you get in touch with me to send us your application, such as by email or using a contact form, in respect to a vacancy, I will only process the information (e.g. name, email address, desired work location, etc.), your message and the application documents you provided for the purpose of processing and administering your application request.

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The overriding lawful basis for processing is Section 26 BDSG (German Federal Data Protection Act). Correspondingly, the processing of data is permitted where necessary for hiring decisions.

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If the data are required after hiring such as for prosecution purposes, pursuant to Article 6(1)f GDPR the data may be processed for the purposes of the legitimate interests pursued by me, namely for the establishment and/or defence of claims.

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e)    Performance of the contract and data management relating to the provision of services

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I process a range of data as part of the provision of my services and to prepare and administer the existing contract between you and me.

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Where you have engaged me to provide a service, I will process your data (if provided: name, contact details, address) and all information that is necessary for the performance of the contract only for the purpose of processing and administering the contract.

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In particular, this includes my provision of appropriate advice and support, correspondence with you, invoicing as well as fulfilling our accounting and tax obligations.

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Accordingly, the data will be processed pursuant to Article 6(1)b GDPR as well as for compliance with legal obligations to which we are subject pursuant to Article 6(1)c GDPR.

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Where this is necessary for the performance of the contract, I will provide your data to third parties.

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Notably, these include supervisory authorities for the purpose of correspondence and for the establishment and defence of your rights. I will take all suitable measures to only provide personal data to the extent necessary to fulfil the underlying purpose.

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f)    Cookies

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I use cookies on my website. These are small text files that are placed on your device (PC, smartphone, tablet, etc.) and stored by your browser.

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My cookies

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For further information on the specific cookies I use, their purposes and their expiration time, see my cookie information page.

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Purposes

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I only use cookies that are necessary so you can enjoy all the features of my online service offering. These cookies enable my website to be browsed or certain basic functions to be delivered, etc.

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Furthermore, I use optional cookies that provide me with additional information such as to analyse data traffic or for advertising and marketing purposes.

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Expiration time

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The cookies I use remain on your device for different periods of time. The two types I use are explained in the following.

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Session cookies: These cookies are deleted from your device immediately after you have closed your browser.

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Persistent cookies: These cookies remain on your device even after you have closed your browser. Among other things, they allow us to recognise you the next time you visit our website.

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Cookie providers

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The cookies I place directly are referred to as first-party cookies. By contrast, third-party cookies are placed by third-party websites such as when displaying content (ads, images, tracking pixels, etc.).

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Lawful basis for data processing

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In principle, the lawful basis for data processing using a cookie is your consent pursuant to Article 6(1)a GDPR or the overriding legitimate interests pursued by me to improve and provide the functionality of my online service offering pursuant to Article 6(1)f GDPR.

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Withdrawal of consent and right to object

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Where data processing is based on your consent, you may withdraw it at any time without it affecting the lawfulness of processing based on consent before its withdrawal (also referred to as an opt-out). Where data are processed for the purposes of the legitimate interest pursued by me, you have the right to object to further data processing without it affecting the lawfulness of processing before your objection.

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You may withdraw your consent via my cookie information page.

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For information on how to object to data processing, see point 8 of this Data Privacy Notice.

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Cookie settings

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You can additionally prevent or restrict future data processing using cookies by configuring your browser settings accordingly. For example, you can choose to block cookies or delete existing ones that have been stored on your device. For further information on your particular browser’s settings, please see the following links:

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Mozilla Firefox: https://support.mozilla.org/en/kb/

Internet Explorer: https://support.microsoft.com/en-gb/help/17442/

Google Chrome: https://support.google.com/accounts/

Opera: http://www.opera.com/en/help

Safari: https://support.apple.com/kb/PH17191?

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Cookie consent banner – Cookiebot

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To document your selection of certain data processing processes in which cookies are used and, where you give your consent, to communicate this to the respective third-party provider, I use the Cookiebot service provided by Cybot A/S, Havnegade 39, 1058 Copenhagen, Denmark (Cybot) on my website.

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The following data are logged automatically by Cybot when you use the cookie consent banner to select which cookies are placed on your device:

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  • your anonymised IP address (the final three digits are set to zero),

  • date and time of your consent,

  • your browser’s user-agent string,

  • the URL from which your consent was submitted,

  • an anonymous, random and encrypted key value,

  • your consent state, serving as proof of consent.
     

The key and consent state will be stored in your browser in the CookieConsent cookie, so that my website can read and respect your settings automatically for all subsequent page requests and future sessions for up to 12 months. The key is used for proof of your consent/settings and for an option to verify that the consent state stored in your browser is unaltered compared to the original consent submitted to Cybot.

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Depending on your selection, your data will be transferred to the third-party providers you have selected.

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Pursuant to Article 6(1)c GDPR, we will process the data for compliance with legal data protection obligations to which we are subject.

For further information on how Cybot processes data, see: https://www.cookiebot.com/en/privacy-policy/.

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g)    Wix.com / wixstatic.com / parastorage.com

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My site uses components provided by Wix.com Ltd., Namal 40, 6350671 Tel Aviv, Israel (Wix.com). 

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Pursuant to Article 6(1)f GDPR, the lawful basis for this integration is the legitimate interest pursued by me to offer our visitors a functional and modern website. The European Commission has determined that Israel has an adequate level of data protection for the transfer of personal data to this country.

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Each time you view my website, Wix.com loads various scripts. These include scripts from the domains wix.com, wixstatic.com and parastorage.com. As part of this, your IP address and potentially other data will be sent to the domains’ servers. Scripts from the domains wix.com, wixstatic.com and parastorage.com use cookies to operate the components and to protect against third-party access. 

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I have no influence over the scope of the data nor the data itself that the service provider collects. For further information on how Wix.com processes personal data concerning you, see: https://www.wix.com/about/privacy.

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h)    Google services

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I use various services on my website provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (Google). In this regard, it is possible that your data will also be transferred to Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When transferring data, the maintenance of an appropriate level of data protection is ensured by the use of standard contractual clauses. These can be accessed here:

https://policies.google.com/privacy/frameworks?hl=de&gl=de

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For further information on data privacy, see:

https://policies.google.com/privacy

 

Google Analytics

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I use Google Analytics to analyse your use of my website, compile reports on your activities on my online service offering and to provide additional services relating to the use of my website to improve its user-friendliness.

The use of Google Analytics allows us primarily to track interactions on my website through the use of cookies and then analyse this behaviour.

 

You can find details on the cookies I use on our cookie information page.

 

I use Google Analytics with the extension _anonymizeIp(). This masks IP addresses within the member states of the EU or EEA. Where data are transferred to Google servers in the USA, only in exceptional cases will the full IP address be transferred there and masked. This generally prevents the data being associated with a person. In particular, it is no longer possible to associate the data with the website visitor’s computer or device.

The following data are processed through the use of Google Analytics:

 

  • 3 bytes of the user’s IP address (anonymised IP address),

  • the visited web page,

  • the URL from which the user originated when visiting the page on our website (referrer),

  • the pages that are visited on the website,

  • the time spent on the website,

  • how often the website is visited.

 

Google will not associate your IP address with other data held by Google.

 

Data that I process using Google Analytics will be kept for a maximum of 14 months.

 

Pursuant to Article 6(1)a GDPR, the lawful basis for data processing is your prior consent.

 

Withdrawal of consent

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You may withdraw your consent at any time, without this affecting the lawfulness of processing based on consent before its withdrawal, by personalising your settings at http://www.google.com/ads/preferences or withdrawing your consent via my cookie information page.

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Please also note the following information on the use of data by Google in respect to Google partners: https://policies.google.com/technologies/partner-sites?hl=en.

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i)    Website optimisation analysis by NewRelic

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I use software provided by NewRelic Inc., San Francisco, USA (NewRelic), to allow your use of my website to be analysed. The information saved by the cookie about your use of this website (including your IP address) will be transferred to NewRelic servers in the USA.

 

Pursuant to Article 6(1)a GDPR, the lawful basis for data processing is your consent.

 

You may withdraw your consent via our cookie information page.


NewRelic will use the stored information to evaluate your use of the website, compile reports on website activities for website operators and provide other services relating to website activity and internet usage.

For further information on data privacy, see:
https://newrelic.com/termsandconditions/privacy.

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j)    External content

 

I use dynamic third-party content to improve the presentation and content of the service offering on our website with a view to improving your experience. When you visit my  website, an interface sends a request automatically to the server of the content provider in question, whereby certain log data (such as your IP address) are transmitted. The dynamic content is then transmitted to my website and displayed there.

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I use external content in connection with the following functions:

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aa)  Google Fonts

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I use Google Fonts to make my website as beautiful and consistent as possible. When you visit my website, these fonts are loaded from the servers of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (Google). In doing so, while Google does not store cookies in your browser, to my knowledge the IP address of the device you use to access my website is transmitted to Google and stored by them. Pursuant to Article 6(1)f GDPR, this processing is based on the overriding legitimate interest pursued by me to market my service offering in the best way possible.

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For further information on data privacy, see:

https://policies.google.com/privacy

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4.     Social media channels

 

I use the following social media channels to promote my company and to interact and communicate with potential and existing customers:

 

Instagram: https://www.instagram.com/_imagicks_/?hl=de,

LinkedIN: https://www.linkedin.com/company/imagicks

YouTube: https://www.youtube.com/channel/UCHiwX6f9j82ILha5tKtT4LA  

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Pursuant to Article 6(1)f GDPR, the lawful basis for data processing is the overriding legitimate interest pursued by me to market my online service offering in the best way possible as well as to engage, convert and keep customers.

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5.     Data storage period

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I only store personal data for as long as is necessary to fulfil the purposes for which it is processed or until you withdraw your consent. Insofar as statutory retention obligations are to be observed, the period for which certain data may be stored can be up to 10 years irrespective of the purposes for which the data are processed.

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6.     Your rights as a data subject

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a)    Access

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You have the right to obtain from me free of charge confirmation about any personal data concerning you that I hold.

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b)    Rectification, erasure, restriction of processing, objection

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If you no longer consent to the storage of personal data concerning you or if these data require rectification, if instructed I will arrange for the data concerning you to be erased, the processing of it to be restricted or we will make the necessary rectifications (insofar as this is possible under applicable legislation). The same applies if I am still to process data in a restricted manner in the future. You have the right to object, particularly in cases where the processing of data concerning you is necessary for the performance of a task carried out in the public interest or is in the legitimate interest pursued by me, including profiling. You also have the right to object where personal data are processed for direct marketing purposes.

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c)    Data portability

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Where data processing is carried out based on the performance of a contract to which you are party, to take steps prior to entering into a contract with you, consent or by automated means, you have the right to receive the personal data concerning you. At your request, I will provide you with the personal data concerning you in a structured, commonly used and machine-readable format so that you can transmit those data to another controller.

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d)    Right to object where consent has been given without this affecting the lawfulness of processing based on consent before its withdrawal

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You may withdraw your consent at any time without this affecting the lawfulness of processing based on consent before its withdrawal.

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e)    Right to lodge a complaint

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You also have the option to lodge a complaint with a supervisory authority (link in German):

(https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html).

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f)     Restrictions

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Data, where I amunable to identify the data subject such as because they have been anonymised for analysis purposes, are not covered by the above rights. Access, erasure, restriction of processing, rectification or transmission to another company may be possible in relation to this data if you provide me with additional information that allows me  to identify you.

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