Privacy Policy

Introduction

With the following data protection declaration, we would like to inform you about which types of your personal data (hereinafter also referred to as “data”) we process for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of the provision of our services and in particular on our websites, in mobile applications and within external online presences, such as Such as. our social media profiles (collectively, “Online Offering”). The terms used are not gender specific. As of: 1. August 2020

Index

Responsible

Tobias Gschwen dCalle Malgrat 407160 Pegue raBalearen, Spain E-mail address: info@la-cubita.es Phone: +34 971687223 Imprint: https://www.la-cubita.es/impressum/

Overview of the processing

The following overview summarises the types of data processed and the purposes of its processing and refers to the data subjects.

Types of data processed

  • Inventory data (e.g. names, addresses).
  • Content data (e.g. text, photographs, videos).
  • Contact details (e.g. e-mail, phone numbers).
  • Meta/communication data (e.g. device information, IP addresses).
  • Usage data (e.g. websites visited, interest in content, access times).

Categories of affected persons

  • Communication.
  • Users (e.g. website visitors, users of online services).

Purposes of processing

  • Direct marketing (e.g. by e-mail or by post).
  • Contact requests and communication.
  • Remarketing.
  • Range measurement (e.g. access statistics, detection of returning visitors).
  • Tracking (e.g. interest/behavioural profiling, use of cookies).

Authoritative legal bases

In the following, we inform the legal bases of the General Data Protection Regulation (GDPR), on the basis of which we process the personal data. Please note that in addition to the provisions of the GDPR, the national data protection requirements in your can apply to our country of residence and residence. Should more specific legal bases be relevant in individual cases, we will inform you of them in the data protection declaration.
  • Consent (Art. 6 Abs. 1 p. 1 lit. a GDPR) – The data subject has given his or her consent to the processing of personal data concerning him or her for a specific purpose or for several specific purposes.
  • performance of the contract and pre-contractual enquiries (Art. 6 Abs. 1 p. 1 lit. B. GDPR) – Processing is necessary for the performance of a contract to which the data subject is a party or for the implementation of pre-contractual measures at the request of the data subject.
  • Legitimate interests (Art. 6 Abs. 1 p. 1 lit. Q. GDPR) – Processing is necessary to safeguard the legitimate interests of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail .

Security

We shall take place in accordance with 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 chances of occurrence and the extent of the Threats to the rights and freedoms of natural persons appropriate technical and organisational measures to ensure a level of protection appropriate to the risk. Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical and electronic access to the data, as well as access, input, disclosure, security of data, and access to the data. availability and their separation. In addition, we have established procedures to ensure the exercise of data subjects’ rights, the erasure of data and reactions to the threat to the data. We also take into account the protection of personal data already in the development or Selection of hardware, software and procedures according to the principle of data protection, through technical design and through data protection-friendly presets. Ip reduction: If we can or do not need to store the IP address, we will shorten or have your IP address shortened. In the case of ip address reduction, also known as “IP masking”, the last octet, i.e. the last two numbers of an IP address, is deleted (the IP address is in this context an Internet connection by the online access provider individually associated identifier). The purpose of shortening the IP address is to prevent or make it much more difficult to identify a person by their IP address. SSL encryption (https): In order to protect your data transmitted via our online offer, we use SSL encryption. You can recognize such encrypted connections by the prefix https:// in the address bar of your browser.

Data processing in third countries

Insofar as we process data in a third country (i.e., outside the European Union (EU), the European Economic Area (EEA)) or process it in the context of the use of third-party services or the disclosure or Data is transmitted to other persons, bodies or companies, this is only carried out in accordance with the legal requirements. Subject to express consent or contractual or legally required transmission, we process or have the data processed only in third countries with a recognised level of data protection, contractual obligation by so-called standard safeguard clauses of the EU Commission, in the presence of certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de ).

Use of cookies

Cookies are text files that contain data from websites or domains visited and are stored by a browser on the user’s computer. A cookie is primarily used to store the information about a user during or after his visit within an online offer. For example, the stored information can be the language settings on a web page, the login status, a shopping cart, or the place where a video was viewed. The term cookies also includes other technologies that perform the same functions as cookies (e.g. when user information is stored on the basis of pseudonymous online identifiers, also known as “user IDs”) The following types of cookies and functions are distinguished:
  • Temporary cookies (also: session or session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser.
  • Permanent cookies: Permanent cookies remain stored even after closing the browser. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Similarly, the interests of users used for range measurement or marketing purposes may be stored in such a cookie.
  • First-party cookies: First-party cookies are set by us.
  • Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third party) used to process user information.
  • Necessary (also: essential or absolutely necessary) cookies: Cookies may be absolutely necessary for the operation of a website (e.g. to save logins or other user input or for security reasons).
  • Statistics, marketing and personalization cookies: In addition, cookies are usually used in the context of range measurement as well as when a user’s interests or behaviour (e.g. viewing certain content, benefits from features, etc.) stored on individual websites in a user profile. Such profiles are used to help users, for example, content that matches their potential interests. This procedure is also referred to as “tracking”, i.e. tracking the potential interests of users. . Insofar as we use cookies or “tracking” technologies, we will inform you separately in our privacy policy or in the context of obtaining consent.
Legal basis: The legal basis on which we process your personal data using cookies depends on whether we ask you for your consent. If this is the case and you consent to the use of cookies, the legal basis for the processing of your data is the declared consent. Otherwise, the data processed by means of cookies will be processed on the basis of our legitimate interests (e.g. a business operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfil our contractual obligations. Storage time: Unless we provide you with explicit information about the storage time of permanent cookies (e.g. b. in the context of a so-called Cookie opt-ins), please assume that the storage period can be up to two years. General notices on revocation and opposition (opt-out): Depending on whether the processing is based on consent or legal permission, you have the possibility at any time to revoke a given consent or to object to the processing of your data by cookie technologies (collectively, “opt-out”). You can first explain your objection by using the settings of your browser, e.g. by disabling the use of cookies (which may also limit the functionality of our online offer). An objection to the use of cookies for online marketing purposes can also be explained by means of a variety of services, especially in the case of tracking, through the websites https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can receive further notices of objection within the scope of the information on the service providers and cookies used. Processing of cookie data on the basis of consent: Before we process or process data in the context of the use of cookies, we ask the users for revocable consent at any time. Until consent has been given, cookies are used, which are absolutely necessary for the operation of our online offer.
  • Data types processed: Usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services).
  • Legal bases: Consent (Art. 6 Abs. 1 p. 1 lit. a GDPR), Legitimate Interests (Art. 6 Abs. 1 p. 1 lit. Q. GDPR).

Provision of the online offer and web hosting

In order to be able to provide our online offer safely and efficiently, we use the services of one or more web hosting providers, from their servers (or servers managed by them) the online offer can be retrieved. For these purposes, we may use infrastructure and platform services, computing capacity, storage space and database services, as well as security and technical maintenance services. The data processed in the context of the provision of the hosting offer may include all information relating to the users of our online offer, which is accrued in the course of use and communication. This includes regularly the IP address necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or by websites. E-mail sending and hosting: The web hosting services we use also include the sending, receiving and storage of e-mails. For these purposes, the addresses of the recipients as well as the senders as well as other information concerning the e-mail (e.g. the providers involved) as well as the contents of the respective e-mails. The aforementioned data may also be processed for the purpose of detecting SPAM. Please note that e-mails on the Internet are generally not sent encrypted. As a rule, e-mails are encrypted by transport, but (unless a so-called end-to-end encryption method is used) on the servers from which they are sent and received. Therefore, we cannot accept any responsibility for the transmission of the e-mails between the sender and the reception on our server. Collection of access data and log files: We ourselves (or our web hosting provider) collect data for every access to the server (so-called server log files). The server log files can be accessed by the address and name of the websites and files retrieved, the date and time of the retrieval, the amount of data transferred, the notification of successful retrieval, the browser type and the version, the user’s operating system, the referrer URL (the previously visited page) IP addresses and the requesting provider. The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks) and on the other hand to reduce the load on the servers and their stability. Ensure.
  • Data types processed: Content data (e.g. text, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services).
  • Legal bases: Legitimate interests (Art. 6 Abs. 1 p. 1 lit. Q. GDPR).

Contact

When contacting us (e.g. by contact form, e-mail, telephone or via social media) the information provided by the requesting persons will be processed, insofar as this is necessary to answer the contact requests and any requested measures. The answer to the contact requests in the context of contractual or pre-contractual relationships is carried out in order to fulfil our contractual obligations or to answer (pre-)contractual requests and, in addition, on the basis of the legitimate interests in the Answering the questions.
  • Data types processed: Inventory data (e.g. names, addresses), contact details (e.g. e-mail, phone numbers), content data (e.g. text, photographs, videos).
  • Persons concerned: communication partners.
  • Purposes of processing: Contact requests and communication.
  • Legal bases: Performance of the contract and pre-contractual requests (Art. 6 Abs. 1 p. 1 lit. B. GDPR), legitimate interests (Art. 6 Abs. 1 p. 1 lit. Q. GDPR).

Communication via Messenger

We use Messenger for communication purposes and therefore ask you to observe the following instructions on the functionality of Messenger, encryption, the use of the metadata of the communication and your possibilities of objection. You can also use alternative ways, e.g. via phone or e-mail. Please use the contact options provided to you or the contact options provided within our online offer. In the case of end-to-end encryption of content (i.e., the content of your message and attachments), we would like to point out that the communication content (i.e., the content of the message and attached images) is encrypted from end to end. This means that the content of the messages is not visible, not even by the messenger providers themselves. You should always use an up-to-date version of Messenger with encryption enabled to ensure that the message contents are encrypted. However, we also point out to our communication partners that messenger providers do not view the content, but can find out that and when communication partners communicate with us, as well as technical information about the device used by the communication partners and, depending on the settings of their device, location information (so-called metadata) is processed. Notes on legal bases: If we ask communication partners for permission before communicating with them via Messenger, the legal basis of our processing of their data is their consent. Otherwise, if we do not ask for consent and, for example, We contact us on our own initiative, we use Messenger in relation to our contractual partners as well as in the context of the initiation of the contract as a contractual measure and in the case of other interested parties and communication partners on the basis of our legitimate interests in a fast and efficient communication and fulfillment of the needs of our communication partner in communication via Messenger. Furthermore, we would like to point out that we do not transmit the contact details to Messenger for the first time without your consent. Revocation, opposition and cancellation: You can revoke your consent at any time and object to communication with us via Messenger at any time. In the case of communication via Messenger, we delete the messages according to our general deletion guidelines (i.e. e.g., as described above, after the end of contractual relations, in the context of archiving requirements, etc.) and otherwise, as soon as we can assume that we have answered any information provided by the communication partners, if no reference to a previous conversation is to be expected and the deletion is not precluded by any legal retention obligations. Reservation of reference to other means of communication: Finally, we would like to point out that for your safety we reserve the right not to answer requests via Messenger. This is the case if, for example, contract internals require special secrecy or a reply via Messenger does not meet the formal requirements. In such cases, we refer you to more adequate communication channels.
  • Types of data processed: Contact details (e.g. e-mail, telephone numbers), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Persons concerned: communication partners.
  • Purposes of processing: contact requests and communication, direct marketing (e.g. by e-mail or by post).
  • Legal bases: Consent (Art. 6 Abs. 1 p. 1 lit. a GDPR), Legitimate Interests (Art. 6 Abs. 1 p. 1 lit. Q. GDPR).

Newsletters and electronic notifications

We send newsletters, e-mails and other electronic notifications (hereinafter “newsletter”) only with the consent of the recipients or with a legal permission. If its contents are specifically described as part of a registration for the newsletter, they are decisive for the consent of the users. Moreover, our Newsletters contain Information about our Services and us. In order to subscribe to our newsletters, it is always sufficient to provide your e-mail address. However, we may ask you to provide a name for personal contact in the newsletter, or other information, if necessary for the purposes of the newsletter. Double opt-in procedure: The registration for our newsletter is generally done in a so-called double-opt-in procedure. This means that you will receive an e-mail after registration, asking you to confirm your registration. This confirmation is necessary so that no one can log in with foreign e-mail addresses. Registrations to the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the login and confirmation date as well as the IP address. The changes to your data stored with the shipping service provider are also logged. Deletion and restriction of processing: We may store the e-mail addresses for up to three years on the basis of our legitimate interests before deleting them in order to be able to prove a previously given consent. The Processing of this Data is limited to the Purpose of a possible Defense against claims. An individual Deletion Request is possible at any time, provided that the former Existence of consent is confirmed at the same time. In the case of obligations to comply with objections on a permanent basis, we reserve the right to store the e-mail address in a blacklist for this purpose alone. The registration procedure is logged on the basis of our legitimate interests for the purpose of proving its proper conduct. Insofar as we commission a service provider to send e-mails, this is done on the basis of our legitimate interests in an efficient and secure shipping system. Notes on legal bases: The sending of the newsletters is based on the consent of the recipients or, if consent is not required, on the basis of our legitimate interests in direct marketing, if and to the extent that these are legally required, e.g. in the case of existing customer advertising. Insofar as we commission a service provider to send e-mails, this is done on the basis of our legitimate interests. The registration process is recorded on the basis of our legitimate interests to prove that it was conducted in accordance with the law. Content: Information about us, our services, promotions and offers. Analysis and success measurement: The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file that is retrieved from our server when opening the newsletter from our server or, if we use a shipping service provider, from its server. As part of this retrieval, technical information such as information about the browser and your system, as well as your IP address and the time of retrieval, are first collected. This information is used to improve the technical aspects of our newsletter based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined by means of the IP address) or the access times. This analysis also includes determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our intention nor, if used, that of the shipping service provider to observe individual users. Rather, the evaluations serve us to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users. The evaluation of the newsletter and the measurement of success are carried out, subject to the express consent of the users, on the basis of our legitimate interests for the purposes of using a user-friendly and secure newsletter system, which both our business interests, as well as meeting the expectations of users. A separate revocation of the success measurement is unfortunately not possible, in this case the entire newsletter subscription must be cancelled, or must be contradicted.
  • Data types processed: Inventory data (e.g. names, addresses), contact details (e.g. e-mail, telephone numbers), meta/communication data (e.g. device information, IP addresses), usage data (e.g. websites visited, interest in content, access times).
  • Persons concerned: communication partners.
  • Purposes of processing: Direct marketing (e.g. by e-mail or by post).
  • Legal bases: Consent (Art. 6 Abs. 1 p. 1 lit. a GDPR), Legitimate Interests (Art. 6 Abs. 1 p. 1 lit. Q. GDPR).
  • Possibility of opt-out: You can cancel the receipt of our newsletter at any time, i.e. Revoke your consents, or the further reception. You can either find a link to cancel the newsletter at the end of each newsletter or you can use one of the above-mentioned contact options, preferably e-mail.
Services and service providers used:

Promotional communication via e-mail, post, fax or telephone

We process personal data for the purposes of advertising communication, which can be accessed via various channels, such as E-mail, telephone, post or fax, can be carried out in accordance with the legal requirements. Recipients have the right to revoke consents given at any time or to object to the commercial communication at any time. After revocation or Opposition, we may store the data required to prove consent for up to three years on the basis of our legitimate interests before we delete it. The Processing of this Data is limited to the Purpose of a possible Defense against claims. An individual Deletion Request is possible at any time, provided that the former Existence of consent is confirmed at the same time.
  • Data types processed: Inventory data (e.g. names, addresses), contact details (e.g. e-mail, phone numbers).
  • Persons concerned: communication partners.
  • Purposes of processing: Direct marketing (e.g. by e-mail or by post).
  • Legal bases: Consent (Art. 6 Abs. 1 p. 1 lit. a GDPR), Legitimate Interests (Art. 6 Abs. 1 p. 1 lit. Q. GDPR).

Social media presences

We maintain online presences within social networks and process users’ data in this context in order to communicate with the users active there or to offer information about us. We would like to point out that it allows users ‘ data to be processed outside the European Union area. This can pose risks for users, for example, because The enforcement of users ‘ rights could be made more difficult. Furthermore, users’ data within social networks is usually processed for market research and advertising purposes. For example, based on the usage behaviour and the resulting interests of the user’s user user profiles. The usage profiles, in turn, can be used to, for example, to run advertisements inside and outside the networks that are presumed to be in the interests of users. For these purposes, cookies are usually stored on users ‘ computers, in which users ‘ usage behaviour and interests are stored. Furthermore, data may also be stored in the user profiles independently of the devices used by the users (in particular, if the users are members of the respective platforms and are logged in to them). For a detailed presentation of the respective processing forms and the possibilities of opposition (opt-out), we refer to the data protection declarations and information provided by the operators of the respective networks. We also point out that in the case of requests for information and the assertion of data subject rights, we would like to point out that these can be claimed most effectively from the providers. Only providers have access to users ‘ data and can take direct action and provide information. If you still need help, you can contact us.
  • Data types processed: Inventory data (e.g. names, addresses), contact details (e.g. e-mail, phone numbers), content data (e.g. text, photographs, videos), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Users (e.g. website visitors, users of online services).
  • Purposes of processing: contact requests and communication, tracking (e.g. interest/behavioural profiling, use of cookies), remarketing, range measurement (e.g. access statistics, detection of returning visitors).
  • Legal bases: Legitimate interests (Art. 6 Abs. 1 p. 1 lit. Q. GDPR).
Services and service providers used:

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consents, which are permitted for processing, are revoked or other permits are omitted (e.g. if the purpose of the processing of these data has ceased or if they are purpose are not required). Unless the data is deleted because it is necessary for other and legally permissible purposes, their processing is limited to these purposes. This means that the data is blocked and not processed for other purposes. This applies, for example, to for data that must be retained for commercial or tax reasons or whose storage is necessary for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person. Further information on the deletion of personal data can also be provided within the framework of the individual data protection notices of this data protection declaration.

Modification and update of the privacy policy

We kindly ask you to inform yourself regularly about the content of our privacy policy. We adjust the privacy policy as soon as the changes to the data processing we do make this necessary. We will inform you as soon as the changes will result in an act of participation on your part (e.g. Consent) or other individual notification. If we provide addresses and contact information of companies and organizations in this Privacy Policy, please note that the addresses may change over time and ask you to check the information before contacting them.

Rights of the persons concerned

As a person concerned, you are entitled to various rights under the GDPR, which are based in particular on art. 15 to 21 GDPR:
  • Right of objection: You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you, due to art. 6 Abs. 1 lit. Ee or f GDPR is made to appeal; This also applies to profiling based on these provisions. If the personal data relating to you is processed in order to operate direct advertising, you have the right at any time to object to the processing of the personal data relating to you for the purpose of such advertising; This also applies to profiling as far as it is related to such direct advertising.
  • Right of withdrawal in case of consents: You have the right to revoke given consents at any time.
  • Right of access: You have the right to request confirmation of whether the relevant data are being processed and to provide information about this data as well as to further information and copy of the data in accordance with the legal requirements.
  • Right to rectification: You have the right, in accordance with the legal requirements, to request the completion of the data concerning you or the correction of the incorrect data concerning you.
  • Right to erasure and restriction of processing: You have the right, in accordance with the legal requirements, to request that you delete data concerning you immediately, or Alternatively, to require a restriction of the processing of the data in accordance with the legal requirements.
  • Right to data portability: You have the right to receive data concerning you that you have provided to us in a structured, common and machine-readable format, in accordance with the legal requirements, or to transmit it to another responsible.
  • Complaint to the supervisory authority: You also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, workplace or place of alleged infringement, in accordance with the legal requirements, if you believe that the processing of personal data concerning you is in breach of the GDPR.

Definitions

This section provides an overview of the terms used in this Privacy Policy. Many of the terms are taken from the law and especially in style. 4 GDPR. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to serve as an understanding. The terms are sorted alphabetically.
  • ‘Personal data’ means any information relating to an identified or identifiable natural person (‘the data subject’); Identifiable is a natural person who is directly or indirectly, in particular by means of an assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g. Cookie) or can be identified as one or more special characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
  • Range measurement: The range measurement (also known as Web Analytics) is used to evaluate the visitor flows of an online offer and can affect the behaviour or interests of visitors in certain information, such as content of websites. With the help of reach analysis, website owners can, for example, identify the time at which visitors visit their website and what content they are interested in. This allows them to, for example, better adapt the content of the website to the needs of its visitors. For the purpose of reach analysis, pseudonymous cookies and web beacons are often used to recognize returning visitors and thus obtain more accurate analyses of the use of an online offer.
  • Remarketing: From “Remarketing” or “Retargeting” is used when, for example, for advertising purposes, which products a user has been interested in on a website in order to provide the user with these products on other websites, e.g. in advertisements.
  • Tracking: “Tracking” is when the behavior of users can be tracked across multiple online offers. As a rule, behavioural and interest information is stored in cookies or on servers of the providers of tracking technologies (so-called profiling) with regard to the online offers used. This information can then be used, for example, to to display to users advertisements that are likely to suit their interests.
  • Responsible: “Responsible” means the natural or legal person, authority, body or other body that decides alone or jointly with others on the purposes and means of the processing of personal data.
  • Processing: “Processing” means any operation carried out with or without the aid of automated procedures or any series of operations relating to personal data. The term goes far and includes virtually every handling of data, be it the collection, the evaluating, the storage, the transmission or the deletion.

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