DATA PROTECTION DECLARATION
General
This data protection declaration is intended to inform the users of this website about
the type, scope and purpose of the collection and use of personal data (e.g. title,
name, date of birth, place of birth, address, email address, telephone number) by the
website operator DE FACTO.
The website operator takes your data protection very seriously and treats your
personal data confidentially and in accordance with the provisions of German data
protection law and the data protection law of the European Union (EU).
Definitions of the terms used can be found in Art. 4 GDPR.
1. Name and contact details of the person responsible for processing and the
data protection officer
This data protection information applies to data processing by:
Responsible:
DE FACTO
Owner: Vojislav Mićić
Wartenbergstr. 39/40
10365 Berlin, Germany
E-Mail: info@defacto.berlin
The data protection officer of DE FACTO can be reached at the above address, to
the attention of Mr. Vojislav Mićić.
2. Collection and storage of personal data as well as the type and purpose of
their use
You are not obliged to provide us with your personal data. However, personal data
will be transmitted to us in the following cases:
a) When visiting the website
When you visit our website www.defacto.berlin, the browser used on your device
automatically sends information to the server on our website. This information is
temporarily stored in a so-called log file. The following information is recorded without
any action on your part and stored until it is automatically deleted:
• IP address of the requesting computer,
• Date and time of access,
• Name and URL of the file called up,
• Website from which access is made (referrer URL),
• Browser used and, if applicable, the operating system of your computer and the
name of your access provider.
The data mentioned are processed by us in accordance with Art. Art. 6 (1) S. 1 (f)
GDPR for the following purposes:
• ensuring a smooth connection to the website,
• ensuring comfortable use of our website,
• Evaluation of system security and stability as well as
• for further administrative purposes.
Our legitimate interest follows from the data collection purposes listed above. In no
case do we use the collected data for the purpose of drawing conclusions about you
personally. In addition, we use cookies and analysis services when you visit our
website. You will find more detailed explanations under Sections 4 and 5 of this data
protection declaration.
b) When ordering on our site
By entering your personal data for orders on our website, in accordance with Art. 6
(1) S. 1 (a) GDPR, you consent to your personal data being processed for the
following purposes in accordance with Art. 4 No. 2 GDPR:
• to meet your requests for services, products and notifications,
• to properly provide the services you have commissioned,
• to offer the services and products that you are interested in,
• to support you in using the website,
• to set up your account and adapt our services to your preferences,
• to analyze the use of the website,
• to improve the website and the services,
• to prevent misuse of the website.
c) Other cases
In all other cases, your personal data may only be processed if
• you have given your consent to the processing of your personal data for one or
more specific purposes (Art. 6 (1) S. 1 (a) GDPR);
• the processing for the performance of a contract to which you are a party, or if the
processing is necessary for the implementation of pre-contractual measures, which
takes place at your request (Art. 6 (1) S. 1 (b) GDPR);
• the processing is necessary to fulfill a legal obligation to which the person
responsible is subject (Art. 6 (1) S. 1 (c) GDPR);
• the processing is necessary to protect the vital interests of the data subject or
another natural person (Art. 6 (1) S. 1 (d) GDPR);
• the processing is necessary for the performance of a task that is in the public
interest or is carried out in the exercise of official authority that has been assigned to
the person responsible (Art. 6 (1) S. 1 (e) GDPR);
• Processing is necessary to safeguard the legitimate interests of the person
responsible or a third party, unless your interests or fundamental rights and freedoms
that require the protection of personal data prevail, especially if you are a child (Art. 6
(1) S. 1 (f)).
In addition, the provisions of the GDPR and the BDSG apply.
3. Cookies
We use cookies to optimize the website experience for our users. A cookie is a text
file that is stored on a computer or mobile device by a web server. The content of a
cookie can only be retrieved and read by the server that created the cookie. Cookies
are unique to the browser or mobile application you are using. The text in a cookie
consists of identifiers, the name of the website(s) and some numbers and characters.
Most browsers accept cookies automatically. However, you can configure your
browser in such a way that no cookies are stored on your computer or that a
message always appears before a new cookie is created. However, the complete
deactivation of cookies may mean that you cannot use all the functions of our
website.
Similar to cookies, local shared objects (also called Flash cookies) and local storage
in HTML5 store information on your device and may record information about your
activities and preferences.
On the one hand, the use of cookies serves to make the use of our offer more
pleasant for you. We use so-called session cookies to recognize that you have
already visited individual pages on our website. These are automatically deleted after
leaving our site.
In addition, we also use temporary cookies to optimize user-friendliness, which are
stored on your end device for a specific period of time. If you visit our site again to
make use of our services, it will automatically be recognized that you have already
been with us and what inputs and settings you have made so that you do not have to
enter them again.
The data processed by necessary cookies are required for the purposes mentioned
to protect our legitimate interests and those of third parties in accordance with Article
6 (1) S. 1 (f) GDPR.
This website uses cookies for pseudonymised range measurement, which are
transmitted to the users browser either from our server or from the server of third
parties. If you do not want cookies for range measurement to be stored on your end
device, you can object to the use of these files here:
Cookie deactivation page of the network advertising initiative:
http://optout.networkadvertising.org/?c=1#!/
Cookie deactivation page on the US website: http://optout.aboutads.info/?c=2#!/
Cookie deactivation page of the European website:http://optout.networkadvertising.org/?c=1#!/.
4. Analysis tools
a) tracking tools
The tracking measures listed below and used by us are carried out on the basis of
Art. Art. 6 (1) S. 1 (f) GDPR. With the tracking measures used, we want to ensure a
needs-based design and continuous optimization of our website. On the other hand,
we use tracking measures to statistically record the use of our website and to
evaluate it for you in order to optimize our offer. These interests are to be regarded
as legitimate within the meaning of the aforementioned regulation.
The respective data processing purposes and data categories can be found in the
corresponding tracking tools.
b) Google Analytics 1
We use Google Analytics, a web analysis service from Google Inc.
(https://www.google.de/intl/de/about/) (1600 Amphitheater Parkway, Mountain View,
CA 94043, USA; hereinafter "Google"). In this context, pseudonymised usage profiles
are created and cookies (see section 4) are used. The information generated by the
cookie about your use of this website such as
• browser type / version,
• the operating system used,
• Referrer URL (the previously visited page),
• Host name of the accessing computer (IP address),
• time of the server request,
are transmitted to and stored by Google on servers in the United States. The
information is used to evaluate the use of the website, to compile reports on website
activity and to provide other services related to website activity and internet usage for
the purposes of market research and needs-based design of this website. This
information may also be transferred to third parties if this is required by law or if third
parties process this data on behalf of us. Under no circumstances will your IP
address be merged with other Google data. The IP addresses are anonymized so
that an assignment is not possible (IP masking).
You can prevent the installation of cookies by setting the browser software
accordingly; however, we would like to point out that in this case not all functions of
this website can be used to their full extent.
You can also prevent the collection of the data generated by the cookie and related
to your use of the website (including your IP address) and the processing of this data
by Google by downloading and installing a browser add-on (https: //tools.google.com/dlpage/gaoptout?hl=de).
Further information on data protection in connection with Google Analytics can be
found in the Google Analytics Help Center
(https://support.google.com/analytics/answer/6004245?hl=de).
c) Google Adwords Conversion TrackingWe also use Google Conversion Tracking to statistically record the use of our website and to evaluate it for the purpose of optimizing our website. Google Adwords will set a cookie (see section 4) on your computer if you have reached our website via a Google ad.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages on the website of the Adwords customer and the cookie has not yet expired, Google and the customer can see that the user clicked on the ad and was redirected to this page.
Every Adwords customer receives a different cookie. Cookies cannot therefore be tracked via the websites of Adwords customers. The information obtained using the conversion cookie is used to create conversion statistics for Adwords customers who have opted for conversion tracking. The Adwords customers find out the total number
of users who clicked on their ad and were redirected to a page with a conversion
tracking tag. However, they do not receive any information with which users can be
personally identified.
If you do not want to take part in the tracking process, you can also refuse the setting
of a cookie required for this – for example via a browser setting that generally
deactivates the automatic setting of cookies. You can also deactivate cookies for
conversion tracking by setting your browser so that cookies from the domain
“www.googleadservices.com” are blocked. You can find Google's data protection
information on conversion tracking here
(https://services.google.com/sitestats/de.html).
5. Social media plug-ins
We use social plug-ins from the social networks Facebook, Twitter and Instagram on
our website on the basis of Art. 6 (1) S. 1 (f) GDPR to make our company better
known. The underlying advertising purpose is to be regarded as a legitimate interest
within the meaning of the GDPR. Responsibility for the data protection-compliant
operation is to be guaranteed by the respective provider. We integrate these plug-ins
using the so-called two-click method in order to protect visitors to our website in the
best possible way.
a) Facebook
Social media plugins from Facebook are used on our website to make their use more
personal. For this we use the "LIKE" or "SHARE" button. This is an offer from
Facebook.
When you call up a page on our website that contains such a plugin, your browser
establishes a direct connection to the Facebook servers. The content of the plugin is
transmitted directly from Facebook to your browser, which integrates it into the
website.
By integrating the plugins, Facebook receives the information that your browser has
accessed the corresponding page of our website, even if you do not have a
Facebook account or are not currently logged into Facebook. This information
(including your IP address) is transmitted directly from your browser to a Facebook
server in the USA and stored there.
If you are logged into Facebook, Facebook can assign your visit to our website
directly to your Facebook account. If you interact with the plugins, for example press
the “LIKE” or “SHARE” button, the corresponding information is also transmitted
directly to a Facebook server and stored there. The information is also published on
Facebook and displayed to your Facebook friends.
Facebook can use this information for the purpose of advertising, market research
and the needs-based design of Facebook pages. For this purpose, usage, interest
and relationship profiles are created by Facebook, e.g. to evaluate your use of our
website with regard to the advertisements shown to you on Facebook, to inform other
Facebook users about your activities on our website and to provide other services
related to the use of Facebook.
If you do not want Facebook to assign the data collected via our website to your
Facebook account, you must log out of Facebook before visiting our website.
The purpose and scope of the data collection and the further processing and use of
the data by Facebook as well as your related rights and setting options to protect
your privacy can be found in Facebook's data protection information
(https://www.facebook.com/about/privacy/).
b) Twitter
Plugins of the short message network of Twitter Inc. (Twitter) are integrated on our
website. You can recognize the Twitter plugins (tweet button) by the Twitter logo on
our website. You can find an overview of tweet buttons here
(https://about.twitter.com/resources/buttons).
When you visit a page on our website that contains such a plugin, a direct connection
is established between your browser and the Twitter server. Twitter receives the
information that you have visited our site with your IP address. If you click the Twitter
“tweet button” while you are logged into your Twitter account, you can link the content
of our website to your Twitter profile. This enables Twitter to assign your visit to our
website to your user account. We would like to point out that, as the provider of the
website, we have no knowledge of the content of the data transmitted or of its use by
Twitter.
If you do not want Twitter to be able to assign your visit to our website, please log out
of your Twitter user account.
You can find more information on this in Twitter's data protection declaration
((https://twitter.com/privacy).
c) Instagram
Our website also uses so-called social plugins (“plugins”) from Instagram, which is
operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA
(“Instagram”).
The plugins are marked with an Instagram logo, for example in the form of an
“Instagram camera”.
When you visit a page on our website that contains such a plugin, your browser
establishes a direct connection to the Instagram servers. The content of the plugin is
transmitted directly from Instagram to your browser and integrated into the page.
Through this integration, Instagram receives the information that your browser has
accessed the corresponding page of our website, even if you do not have an
Instagram profile or are not currently logged into Instagram.
This information (including your IP address) is sent directly from your browser to an
Instagram server in the USA and stored there. If you are logged in to Instagram,
Instagram can immediately assign your visit to our website to your Instagram
account. If you interact with the plugins, for example by pressing the “Instagram”
button, this information is also transmitted directly to an Instagram server and stored
there.
The information is also published on your Instagram account and shown to your
contacts there.
If you do not want Instagram to directly assign the data collected via our website to
your Instagram account, you must log out of Instagram before visiting our website.
You can find more information on this in Instagram privacy policy
(https://help.instagram.com/155833707900388).
6. Data Subject Rights
As a data subject within the meaning of Art. 4 No. 1 GDPR, you have the following
rights:
a) Right to withdraw consent
In accordance with Art. 7 (3) GDPR, you have the right to revoke the consent you
have given us at any time.
b) Right to information
In accordance with Art. 15 GDPR, you have the right to request confirmation as to
whether personal data relating to you are being processed; if this is the case, you
have a right to information about this personal data and the following information:
the processing purposes;
- the categories of personal data being processed;
- the recipients or categories of recipients to whom the personal data have been
or will be disclosed, in particular recipients in third countries or international
organizations; - if possible, the planned duration for which the personal data will be stored or, if
this is not possible, the criteria used to determine that duration; - the existence of a right to rectification or erasure of personal data concerning
you or to restriction of processing by us or a right to object to such processing; - the existence of a right of appeal to a supervisory authority;
- if the personal data is not collected from you, all available information about the
origin of the data; - the existence of automated decision-making including profiling in accordance
with Art. 22 (1) and (4) GDPR and – at least in these cases – meaningful
information about the logic involved and the scope and intended effects of such
processing for you.
c) Right to rectification and completion
In accordance with Art. 16 GDPR, you have the right to immediately request the
correction of incorrect personal data concerning you or the completion of incomplete
personal data.
d) Right to erasure (“right to be forgotten”)
In accordance with Art. 17 GDPR, you have the right to demand that personal data
concerning you be deleted immediately. Insofar as further processing is not required
for the purposes specified in Art. 17 (3) GDPR, we are obliged to delete personal
data immediately if one of the following reasons applies:
- The personal data are no longer necessary for the purposes for which they
were collected or otherwise processed, - You revoke your consent on which the processing was based pursuant to Art. 6
(1) (a) GDPR or Art. 9 (2) (a) GDPR and there is no other legal basis for the
processing. - You object to the processing in accordance with Art. 21 (1) GDPR and there are
no overriding legitimate reasons for the processing, or you object to the
processing in accordance with Art. 21 (2) GDPR, - the personal data have been unlawfully processed,
- the erasure of the personal data is necessary for compliance with a legal
obligation in Union or Member State law to which the controller is subject, or - the personal data was collected in relation to information society services
offered pursuant to Art. 8 (1) GDPR.
e) Right to restriction of processing
According to Art. 18 GDPR, you have the right to request the restriction of processing
if:
- the accuracy of the personal data is contested by you for a period enabling us
to verify the accuracy of the personal data, - the processing is unlawful and you refuse to delete the personal data and
instead request that the use of the personal data be restricted; - we no longer need the personal data for the purposes of processing, but need
them to assert, exercise or defend legal claims, or - you have lodged an objection to the processing pursuant to Art. 21 (1) GDPR,
as long as it has not yet been determined whether our legitimate reasons
outweigh yours.
f) Right to data portability
In accordance with Art. 20 GDPR, you have the right to receive the personal data that
you have provided to us in a structured, common and machine-readable format and
to transmit this data to another person responsible without hindrance from us,
provided that
- the processing is based on consent pursuant to Art. 6 (1) S. 1 (a) GDPR or
Article 9 (2) (a) GDPR or on a contract pursuant to Article 6 (1) S. 1 (b) GDPR
and - the processing is carried out using automated procedures or
to have the personal data transmitted directly by us to another person responsible,
insofar as this is technically feasible.
g) Right to object
According to Art. 21 GDPR, you have the right to object at any time to the processing
of personal data relating to you, which is based on Art. 6 (1) S. 1 (e) or (f) GDPR, for
reasons arising from your particular situation; this also applies to profiling based on
these provisions. In this case, we no longer process the personal data unless we can
demonstrate compelling legitimate grounds for processing that outweigh your
interests, rights and freedoms, or the processing serves to assert, exercise or defend
legal claims. If personal data is processed in order to operate direct advertising, you
have the right to object to the processing of your personal data for the purpose of
such advertising at any time, even without specifying a particular situation; this also
applies to profiling insofar as it is associated with such direct advertising. If you object
to the processing for direct marketing purposes, the personal data will no longer be
processed for these purposes. You also have the right, for reasons arising from your
particular situation, to object to the processing of your personal data for scientific or
historical research purposes or for statistical purposes in accordance with Article 89
(1) GDPR, unless the processing is necessary to fulfill a task in the public interest.
h) Right to Complaint
According to Art. 77 GDPR, you have the right to lodge a complaint with a
supervisory authority, in particular in the member state of your habitual residence,
your place of work or the place of the alleged infringement, if you believe that the
processing of your personal data violates the GDPR .
Otherwise, the provisions of Chapter 3 (Art. 12 – 23) of the GDPR apply.
7. Data Security
We take appropriate technical and organizational measures to protect your data
against accidental or intentional manipulation, against partial or complete disclosure,
against partial or complete loss, against partial or complete destruction or against
unauthorized access by third parties. Our security measures are continuously
improved in line with technological developments.
When you visit our website, we use the widespread SSL (Secure Socket Layer)
method in connection with the highest level of encryption supported by your browser.
This is usually a 256-bit encryption. If your browser does not support 256-bit
encryption, we use 128-bit v3 technology instead. You can tell whether an individual
page of our website is transmitted in encrypted form by the closed representation of
the key or lock symbol in the lower status bar of your browser.
8. Updating and changing this data protection declaration
This data protection declaration is currently valid and has the status March 2022. Due
to the further development of our website and offers on it or due to changed legal or
official requirements, it may become necessary to change this data protection
declaration. You can access and print out the current data protection declaration at
any time on the website at www.defacto.berlin/privacy-policy.
Links: