of Birds on Mars GmbH, Marienstr. 10, 10117 Berlin ("Birds on Mars")
The legal basis for data processing is Art. 6 paragraph 1 a) and Art. 7 EU-DSGVO for consents, Art. 6 paragraph 1 b) EU-DSGVO for the performance and execution of contractual obligations, Art. 6 paragraph 1 c) EU-DSGVO for the performance of legal obligations and Art. 6 paragraph 1 f) EU-DSGVO for the protection of legitimate interests.
I. NAME AND CONTACT DETAILS OF THE PERSON RESPONSIBLE
The person responsible for the processing of personal data within the meaning of Art. 4 EU-DSGVO:
Birds on Mars GmbH
II. WHICH DATA IS COLLECTED?
We collect data, so-called server log files, about every access to the server on which the www.birdsonmars.com/ website is located. These access data include, for example, the name of the website accessed, file, date and time of access, browser type and version, the user's operating system, referrer URL (the previously visited page) and IP address.
The legal basis for data processing is Art. 6 para. 1 f) EU-DSGVO.
If you contact the e-mail addresses (incl. mailto-links) provided on the website, we will process the personal data you provide - e-mail address as well as any further contact information and your name - for the purpose of responding to your inquiry.
The legal basis for data processing is Art. 6 para. 1 b) and Art. 6 para. 1 f) EU-DSGVO.
In the settings of your browser, you can choose to be informed about the setting of cookies and to decide individually about their acceptance or exclusion, for example cookies from third party providers. If cookies are not accepted, the functionality of our website may be limited.
The legal basis for data processing is Art. 6 para. 1 f) EU-DSGVO.
III. FOR WHAT PURPOSES WILL THE DATA BE USED?
Personal data will only be collected, stored and processed to the extent necessary for the provision of the offer or service or the response to the enquiry.
We only process your personal data in strict compliance with data protection regulations. In particular, such data will only be processed if a legal permit has been obtained.
These data are processed by us in order to establish a connection to our website. Processing is necessary to ensure the security and stability of the system.
We use the log data only for statistical evaluations, for the purpose of business operations, the security of the service and the optimization of the offer.
We reserve the right to check the log data subsequently if there are concrete indications of an illegal use of the service provided.
The processing of your e-mail address is indispensable in order to be able to answer your request. If, in addition, data such as name or address are processed, processing serves to individualize the respective user and thus be able to respond to his or her request in the best possible way.
IV. WILL DATA BE PASSED ON TO THIRD PARTIES AND IF SO, WHICH?
In principle, the data transmitted by you will not be made available to third parties. In particular cases, however, it may be necessary to pass on your personal data to companies that are entrusted by us with the provision of individual services. The third parties, too, are obliged to comply with the statutory provisions in handling and processing these data and have been carefully selected and commissioned by us. These service providers use your data only for order processing.
A transmission to authorities and state institutions only takes place within the scope of the legal duties to provide information and in the case of a court decision obliging this. In such cases we may provide the information, e.g. to assert, exercise and defend legal claims, enforce existing contracts, in the context of allegations of fraud, security measures or generally applicable legal provisions.
A transmission of personal data outside the framework described here does not take place without an explicit consent.
Under no circumstances will we sell or rent personal data to third parties.
V. HOW LONG IS THE DATA STORED?
Your data will be stored for as long as it is necessary to fulfill the above-mentioned purposes. As soon as this is no longer the case, e.g. after complete execution of the contract, they are deleted. In the case of legal storage obligations by commercial or tax law, they are blocked. As soon as legal storage obligations no longer conflict, the data will be deleted unless you have expressly consented to further use.
Server log files are stored on the server for 7 days, then stored anonymously.
VI. YOUR RIGHTS AS PERSON CONCERNED
As a subject of the processing of personal data, you have the rights listed below in a simplified form. These rights are based on the provisions of the EU-DSGVO.
1. Right of access by the data subject
According to Art. 15 EU-DSGVO you have the right to ask us to confirm whether personal data concerning you will be processed. If this is the case, you have the right to access to this personal data and the information specified in Art. 15 para. 1 Hs. 2 EU-DSGVO. These include in particular the purpose of the processing, the categories of the data processed, the recipients to whom data have been or will be disclosed as well as the planned duration of the storage and the criteria for the duration of the storage, where possible.
2. Right to rectification
In accordance with Art. 16 EU-DSGVO, you have the right to request us to correct any incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - including by means of providing a supplementary statement.
3. Right to erasure
In accordance with Art.17 EU-DSGVO, you have the right to request us to delete personal data relating to you without delay. We are obliged to delete personal data immediately if one of the provisions of Art. 17 para. 1 EU-DSGVO applies. These reasons include, for example, that the data are no longer necessary for the purposes for which they are collected or processed.
4. Right to restriction of processing
In accordance with Art. 18 EU-DSGVO, you have the right to request us to restrict processing if one of the conditions set out in Art. 18 EU-DSGVO applies. This includes, for example, that you contest the accuracy of the personal data. We may then process the data to a limited extent only for as long as it takes to verify their accuracy.
5. Right to data portability
In accordance with Art. 20 EU-DSGVO, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, current and machine-readable format. You have the right to transmit those data to another controller, i.e. another body that processes the data, without hindrance, if the original processing was based on a consent or was necessary for the execution of a contract.
6. Right to object
According to Art. 21 EU-DSGVO, you have the right to object at any time to the processing of personal data concerning you, if these data are processed on the basis of Art. 6 para. 1 e) or f) EU-DSGVO and there are reasons arising from your personal situation. The processing of data for the purpose of direct marketing may be objected to at any time. Personal data will then no longer be processed for this purpose. The right of objection can be exercised by an informal declaration. A written declaration or an e-mail to the above-mentioned contact address is sufficient.
7. Right to revoke the declaration of consent
You have the right to revoke your consent to the processing at any time in accordance with Art. 7 para. 3 EU-DSGVO. The legality of the processing carried out on the basis of the consent until revocation is not affected. The right of revocation can be exercised by means of an informal declaration. A written declaration or an e-mail to the above-mentioned contact address is sufficient.
8. Automated individual decision-making, including profiling
According to Art. 22 EU-DSGVO, 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. Art. 22 para. 1 of the EU-DSGVO provides for exceptions to this, whereby Art. 22 para. 4 of the EU-DSGVO partially contains counter-exceptions.
9. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of alleged infringement according to Art. 77 EU-DSGVO, if you believe that the processing of personal data concerning you is contrary to this regulation.
In the case mentioned, the supervisory authority responsible is:
Berlin Commissioner for Data Protection and Freedom of Information
10969 Berlin, Germany
Phone: 030/13 889-0
VII. THIRD PARTY SERVICES
We use the following third party services:
Squarespace Inc. 225 Varick Street, 12th Floor, New York, NY 10014, USA ("Squarespace")
Youtube, LLC, subsidiary of Google Inc, 901 Cherry Avenue, San Bruno, CA 94066, USA ("Youtube")
A third party may have its registered office in a third country, i.e. a country in which the DSGVO has no direct legal effect. In this case, the transmission of data will only take place if your consent is given, an appropriate level of data protection prevails or if another legal permission exists.
Squarespace and Youtube operate under the Privacy Shield Agreement (EU-US Privacy Shield), which means that the level of data protection conforms to EU standard.
Please inform yourself in detail with the companies about their purpose and scope of data processing as well as setting options for the protection of your privacy.
In your browser settings, you have the option of preventing cookies from being saved on your computer. Our website will then still be accessible, but our services will function to a limited extent only or might not function at all.
By using the website you agree to the processing of the data collected about you by Squarespace in the manner described above and for the purpose of producing visitor statistics of the website and improving it. Further information can be found here.
VIII. TECHNICAL AND ORGANIZATIONAL MEASURES
We take technical and organizational measures to ensure that the security and protection requirements of the EU-DSGVO are met and that personal data is protected against loss, destruction, manipulation or access by unauthorized persons. The measures are always adapted to current technology.