Van Heys Studios Marco van Heys Uedemer Straße 15 47533 Kleve VAT ID No. : DE 203 570 618 Tel.: +49 (0) 2821 - 89 11 78 Fax: +49 (0) 2821 - 97 68 060 E-Mail: info@vanheys-studios.de www.vanheys-studios.de © by van Heys Studios 2018 Liability for content As a service provider, we are responsible for our own content on these pages in accordance with § 7 para.1 TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a specific infringement. As soon as we become aware of such infringements, we will remove this content immediately. Liability for links Our website contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately. Copyright The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution and any kind of utilisation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is labelled as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately. Source reference: Disclaimer of eRecht24, the portal to Internet law by lawyer Sören Siebert Privacy policy The following privacy policy applies to the use of our online offer www.tonstudio-kleve.de (hereinafter „website“). We attach great importance to data protection. The collection and processing of your personal data is carried out in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR). 1 The controller responsible for the collection, processing and use of your personal data within the meaning of Art. 4 No. 7 GDPR is Van Heys Studios Marco van Heys Uedemer Straße 15 47533 Kleve If you wish to object to the collection, processing or use of your data by us in accordance with these data protection provisions as a whole or for individual measures, you can address your objection to the controller. you can save and print out this data protection declaration at any time. 2 General purposes of processing We use personal data for the purpose of operating the website [and for .... ] 3 What data we use and why 3.1 Hosting The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services that we use for the purpose of operating the website. In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this website on the basis of our legitimate interests in the efficient and secure provision of our website in accordance with Art. 6 para. 1 sentence 1 f) GDPR in conjunction with Art. 28 GDPR. Art. 28 GDPR. 3.2 Access data We collect information about you when you use this website. We automatically collect information about your usage behaviour and your interaction with us and register data about your computer or mobile device. We collect, store and use data about every access to our website (so-called server log files). The access data includes:  Name and URL of the retrieved file  Date and time of retrieval  Amount of data transferred  Notification of successful retrieval (HTTP response code)  Browser type and browser version  Operating system  Referrer URL (i.e. the previously visited page)  Websites accessed by the user's system via our website  Internet service provider of the user  IP address and the requesting providerWe use this log data without assigning it to you personally or creating any other profile for statistical evaluations for the purpose of operating, securing and optimising our website, but also for anonymously recording the number of visitors to our website (traffic) and the extent and type of use of our website and services, as well as for billing purposes in order to measure the number of clicks received from cooperation partners. Based on this information, we can provide personalised and location-based content and analyse data traffic, search for and rectify errors and improve our services, which is also our legitimate interest in accordance with Art. 6 para. 1 sentence 1 f) GDPR We reserve the right to check the log data retrospectively if there is a justified suspicion of unlawful use based on concrete evidence. We store IP addresses in the log files for a limited period of time if this is necessary for security purposes or for the provision or billing of a service, e.g. if you use one of our offers. After cancelling the order process or after receipt of payment, we delete the IP address if it is no longer required for security purposes. We also store IP addresses if we have a concrete suspicion of a criminal offence in connection with the use of our website. We also store the date of your last visit as part of your account (e.g. when registering, logging in, clicking on links, etc.). 3.3 Cookies We use so-called session cookies to optimise our website. A session cookie is a small text file that is sent by the respective servers when you visit a website and is temporarily stored on your hard drive. This file as such contains a so-called session ID, with which various requests from your browser can be assigned to the joint session. This allows your computer to be recognised when you return to our website. These cookies are deleted after you close your browser. They are used, for example, to enable you to use the shopping basket function across several pages. We also use a small number of persistent cookies (also small text files that are stored on your end device), which remain on your end device and enable us to recognise your browser the next time you visit. These cookies are stored on your hard drive and delete themselves after the specified time. Their lifespan is 1 month to 10 years. This enables us to present our website to you in a more user-friendly, effective and secure manner and, for example, to display information on the site that is specifically tailored to your interests. Our legitimate interest in the use of cookies in accordance with Art. 6 para. 1 sentence 1 f) GDPR is to make our website more user-friendly, effective and secure. The following data and information is stored in the cookies: - log-in information - language settings - search terms entered - information about the number of visits to our website and the use of individual functions of our website When the cookie is activated, it is assigned an identification number and your personal data is not assigned to this identification number. Your name, IP address or similar data that would allow the cookie to be assigned to you are not stored in the cookie. Based on the cookie technology, we only receive pseudonymised information, for example about which pages of our shop were visited, which products were viewed, etc. You can set your browser so that you are informed in advance about the setting of cookies and can decide in individual cases whether you want to exclude the acceptance of cookies for certain cases or in general, or that cookies are completely prevented. This may limit the functionality of the website. 3.4 Data to fulfil our contractual obligations We process personal data that we require to fulfil our contractual obligations, such as name, address, email address, products ordered, invoice and payment data. The collection of this data is necessary for the conclusion of the contract. The data is deleted after the warranty periods and statutory retention periods have expired. Data that is linked to a user account (see below) is always retained for the duration of the management of this account. The legal basis for the processing of this data is Art. 6 para. 1 sentence 1 b) GDPR, as this data is required so that we can fulfil our contractual obligations towards you. 3.5 User account You can create a user account on our website. If you wish to do so, we require the personal data requested when you log in. When you log in later, only your email or user name and the password you have chosen will be required. For new registrations, we collect master data (e.g. name, address), communication data (e.g. e-mail address) and payment data (bank details) as well as access data (user name and password). To ensure your proper registration and to prevent unauthorised logins by third parties, you will receive an activation link by e-mail after your registration to activate your account. Only after successful registration will we permanently store the data you provide in our system. Once you have created a user account, you can have it deleted by us at any time without incurring any costs other than the transmission costs according to the basic tariffs. A notification in text form to the contact details stated under point 1 (e.g. e-mail, fax, letter) is sufficient for this. We will then delete your stored personal data, unless we still need to store it to process orders or due to statutory retention obligations. The legal basis for the processing of this data is your consent in accordance with Art. 6 para. 1 sentence 1 a) GDPR. 3.6 Newsletter The data requested in the registration process is required to register for the newsletter. Registration for the newsletter is logged. After registering, you will receive a message to the email address provided asking you to confirm your registration („double opt-in“). This is necessary to prevent third parties from registering with your e-mail address. You can revoke your consent to receive the newsletter at any time and thus unsubscribe from the newsletter. We store the registration data for as long as it is required for sending the newsletter. We store the logging of the registration and the dispatch address as long as there is an interest in proving the consent originally given; as a rule, these are the limitation periods for civil law claims, i.e. a maximum of three years. The legal basis for sending the newsletter is your consent pursuant to Art. 6 para. 1 sentence 1 a) in conjunction with Art. 7 GDPR in conjunction with Section 7 para. 2 no. 3 UWG. The legal basis for logging the registration is our legitimate interest in proving that the newsletter was sent with your consent. You can cancel the registration at any time without incurring any costs other than the transmission costs according to the basic rates. A notification in text form to the contact details stated under point 1 (e.g. e-mail, fax, letter) is sufficient for this. Of course, you will also find an unsubscribe link in every newsletter. 3.7 Product recommendations We will regularly send you product recommendations by e-mail, independently of the newsletter. In this way, we send you information about products from our range that you may be interested in based on your recent purchases of goods or services from us. We do this strictly in accordance with legal requirements. You can object to this at any time without incurring any costs other than the transmission costs according to the basic rates. A message in text form to the contact details stated under point 1 (e.g. e-mail, fax, letter) is sufficient for this. Of course, you will also find an unsubscribe link in every e-mail. The legal basis for this is the statutory authorisation pursuant to Art. 6 para. 1 sentence 1 f) GDPR in conjunction with Section 7 para. 3 UWG. 3.8 Email contact If you contact us (e.g. via contact form or email), we process your data to process the enquiry and in the event that follow-up questions arise. If the data processing takes place for the implementation of pre-contractual measures that take place in response to your enquiry or, if you are already our customer, for the implementation of the contract, the legal basis for this data processing is Art. 6 para. 1 sentence 1 b) GDPR. We only process other personal data if you consent to this (Art. 6 para. 1 sentence 1 a) GDPR) or if we have a legitimate interest in processing your data (Art. 6 para. 1 sentence 1 f) GDPR). A legitimate interest lies, for example, in responding to your email. 4 Google Analytics We use Google Analytics, a web analytics service provided by Google Inc („Google“). Google Analytics uses „cookies“, which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about the use of this website by site visitors is usually transferred to a Google server in the USA and stored there. This is also our legitimate interest in accordance with Art. 6 para. 1 sentence 1 f) GDPR. Google has submitted to the Privacy Shield agreement concluded between the European Union and the USA and is certified. Google thereby undertakes to comply with the standards and regulations of European data protection law. You can find more information in the following linked entry: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active. We have activated IP anonymisation on this website (anonymizeIp). However, this means that your IP address will first be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information on our behalf to analyse your use of the website, to compile reports on website activity and to provide us with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the transmission of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. As an alternative to the browser plugin or within browsers on mobile devices, you can click on the following link to set an opt-out cookie that will prevent Google Analytics from collecting data within this website in the future (this opt-out cookie only works in this browser and only for this domain. If you delete the cookies in your browser, you must click this link again): [Deactivate Google Analytics] 5 Storage period Unless specifically stated, we only store personal data for as long as is necessary to fulfil the purposes pursued. In some cases, the legislator provides for the retention of personal data, for example in tax or commercial law. In these cases, the data will only be stored by us for these legal purposes, but will not be processed in any other way and will be deleted after the statutory retention period has expired. 6 Your rights as a data subject affected by data processing Under the applicable laws, you have various rights with regard to your personal data. If you wish to assert these rights, please send your request by e-mail or by post, clearly identifying yourself, to the address given in section 1. Below you will find an overview of your rights. 6.1 Right to confirmation and information You have the right to clear information about the processing of your personal data. In detail: You have the right to obtain confirmation from us at any time as to whether personal data concerning you is being processed. If this is the case, you have the right to request information from us free of charge about the personal data stored about you, together with a copy of this data. You also have the right to the following information the purposes of the processing; 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 organisations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing; the existence of the right to lodge a complaint with a supervisory authority; where the personal data are not collected from you, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Art.22 (1) and (4) GDPR and - at least in these cases - meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you. If personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer. 6.2 Right to rectification You have the right to obtain from us the rectification and, where applicable, completion of personal data concerning you. In detail: You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement. 6.3 Right to erasure („right to be forgotten“) In a number of cases, we are obliged to erase personal data concerning you. In detail: In accordance with Art. 17 para. 1 GDPR, you have the right to demand that we erase personal data concerning you without undue delay and we are obliged to erase personal data without undue delay where one of the following grounds applies: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed. You withdraw your consent on which the processing is based according to Art. 6 para. 1 sentence 1 a) GDPR or Art. 9(2)(a) GDPR and there is no other legal basis for the processing. You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR. The personal data was processed unlawfully. The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject. The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR. If we have made the personal data public and we are obliged to erase it pursuant to Art. 17 (1) GDPR, we shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, this personal data. 6.4 Right to restriction of processing In a number of cases, you are entitled to request that we restrict the processing of your personal data. In detail: You have the right to obtain from us restriction of processing where one of the following applies: 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 oppose the erasure of the personal data and request the restriction of their use instead; we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or 4. You have objected to processing pursuant to Art. 21 (1) GDPR pending the verification whether the legitimate grounds of our company override yours. 6.5 Right to data portability You have the right to receive, transmit or have us transmit personal data concerning you in machine-readable form. In detail: You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from us, where 1. the processing is based on consent pursuant to Art. 6 para. 1 sentence 1 a) GDPR or Art. 9 para. 2 a) GDPR or on a contract pursuant to Art. 6 para. 1 sentence 1 b) GDPR and 2. the processing is carried out by automated means. When exercising your right to data portability in accordance with paragraph 1, you have the right to obtain that the personal data be transferred directly by us to another controller, insofar as this is technically feasible. 6.6 Right to object You have the right to object to the lawful processing of your personal data by us if this is based on your particular situation and our interests in the processing do not outweigh yours. In detail: You have the right to object, on grounds relating to your particular situation, at any time to 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. We will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the establishment, exercise or defence of legal claims. If we process personal data 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. You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 para. 1 GDPR, unless the processing is necessary for the performance of a task carried out in the public interest. 6.7 Automated decision-making, including profiling You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Automated decision-making based on the personal data collected does not take place. 6.8 Right to withdraw consent under data protection law You have the right to withdraw your consent to the processing of personal data at any time. 6.9 Right to lodge a complaint with a supervisory authority You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you is unlawful. 7 Data security We make every effort to ensure the security of your data within the framework of the applicable data protection laws and technical possibilities. Your personal data is transmitted to us in encrypted form. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible. To secure your data, we maintain technical and organisational security measures in accordance with Art. 32 GDPR, which we constantly adapt to the state of the art. We also do not guarantee that our service will be available at certain times; disruptions, interruptions or failures cannot be ruled out. The servers we use are carefully backed up on a regular basis. 8 Disclosure of data to third parties, no data transfer to non-EU countries In principle, we only use your personal data within our company. If and insofar as we involve third parties in the fulfilment of contracts (such as logistics service providers), they will only receive personal data to the extent that the transfer is necessary for the corresponding service. In the event that we outsource certain parts of data processing („order processing“), we contractually oblige order processors to use personal data only in accordance with the requirements of data protection laws and to guarantee the protection of the rights of the data subject. There is no data transfer to bodies or persons outside the EU outside the case mentioned in this declaration in section 4 and is not planned. Use of Facebook social pluginsThis website uses social plugins („plugins“) from the social network facebook.com, which is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland („Facebook“). The plugins can be recognised by one of the Facebook logos (white „f“ on a blue tile, the terms „Like“, „Gefällt mir“ or a „thumbs up“ sign) or are marked with the addition „Facebook Social Plugin“. The list and appearance of Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/. When a user accesses a website of this offer that contains such a plugin, their browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser, which integrates it into the website. The provider therefore has no influence on the scope of the data that Facebook collects with the help of this plugin and therefore informs users according to its level of knowledge: By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the offer. If the user is logged in to Facebook, Facebook can assign the visit to their Facebook account. If users interact with the plugins, for example by clicking the Like button or posting a comment, the corresponding information is transmitted directly from your browser to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out their IP address and store it. According to Facebook, only an anonymised IP address is stored in Germany. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options to protect the privacy of users can be found in Facebook's data protection information: https://www.facebook.com/about/privacy/. If a user is a Facebook member and does not want Facebook to collect data about them via this website and link it to their membership data stored on Facebook, they must log out of Facebook before visiting the website. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads. +1 button from Google+ This website uses the “+1“ button of the social network Google Plus, which is operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (”Google“). The button can be recognised by the “+1“ symbol on a white or coloured background. When a user accesses a web page of this website that contains such a button, the browser establishes a direct connection with Google's servers. The content of the „+1“ button is transmitted by Google directly to your browser and integrated into the website. The provider therefore has no influence on the scope of the data that Google collects with the button. According to Google, no personal data is collected without a click on the button. Such data, including the IP address, is only collected and processed for logged-in members. The purpose and scope of the data collection and the further processing and use of the data by Google as well as your rights in this regard and setting options to protect your privacy can be found in Google's data protection information on the „+1″ button: http://www.google.com/intl/de/+/policy/+1button.html and the FAQ: http://www.google.com/intl/de/+1/button/. Twitter This website uses the buttons of the Twitter service. These buttons are offered by Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. They are recognisable by terms such as “Twitter„ or “Follow„, combined with a stylised blue bird. With the help of the buttons, it is possible to share a post or page of this website on Twitter or to follow the provider on Twitter. When a user accesses a web page on this website that contains such a button, their browser establishes a direct connection with the Twitter servers. The content of the Twitter button is transmitted by Twitter directly to the user's browser. The provider therefore has no influence on the scope of the data that Twitter collects with the help of this plugin and informs users according to its level of knowledge. According to this, only the IP address of the user and the URL of the respective website are transmitted when the button is accessed, but are not used for purposes other than displaying the button. Further information on this can be found in Twitter's privacy policy at http://twitter.com/privacy. Privacy policy for the use of YouTube Our website uses plugins from the YouTube site operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to the YouTube servers is established. The YouTube server is informed which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behaviour directly to your personal profile. You can prevent this by logging out of your YouTube account. You can find more information on the handling of user data in YouTube's privacy policy at https://www.google.de/intl/de/policies/privacy Jetpack/Wordpress.com-Stats This offer uses Jetpack, a tool for the statistical analysis of visitor access, operated by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA, using the tracking technology of Quantcast Inc, 201 3rd St, Floor 2, San Francisco, CA 94103-3153, USA. WordPress.com-Stats uses “cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is stored on a server in the USA. The IP address is anonymised immediately after processing and before it is stored. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can object to the collection and use of data by Quantcast with effect for the future by clicking on the link "Click here to opt-out" to set an opt-out cookie in your browser: http://www.quantcast.com/opt-out. If you delete all cookies on your computer, you will need to set the opt-out cookie again. Revocation, changes, corrections and updates The user has the right to request information free of charge about the personal data that has been stored about them. In addition, the user has the right to correct incorrect data, block and delete their personal data, insofar as this does not conflict with any statutory retention obligation. Data protection officer If you have any questions or concerns about data protection, please contact our data protection officer: Van Heys Studios Marco van Heys Uedemer Straße 15 47533 Kleve Provided by: RA Maximilian Greger E-mail: maximilian.greger@snp-online.de Web: www.law-blog.de