Data protection declaration

Introduction

With the following data protection declaration we would like to inform you which types of your personal data (hereinafter also referred to as “data”) we process, for which 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 providing our services and, in particular, on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter also referred to collectively as “online offer”).

The terms used are not gender-specific.

Stand: August 24, 2020

Contents overview

responsible person

Benjamin Süss,
Conradstraße 16,
01097 Dresden

E-mail address: info@dying-empire.com

Overview of the processes

The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.

types of data processed

  • stock data (e.g. names, addresses).
  • content data (e.g. text entries, photographs, videos).
  • contact data (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).
  • Contract data (e.g. subject matter of the contract, duration, customer category).
  • Payment data (e.g. bank details, invoices, payment history).

categories of affected persons

  • business and contractual partners
  • interested parties
  • customers.
  • users (e.g. website visitors, users of online services).

Purposes of processing

  • visitor activity evaluation.
  • Office and organizational procedures.
  • Contact requests and communication.
  • Profiling (creation of user profiles).
  • Security measures.
  • Tracking (e.g. interest/behavioral profiling, use of cookies).

Determinant legal basis

In the following we inform you about the legal basis of the basic data protection regulation (DSGVO), on the basis of which we process personal data. Please note that in addition to the regulations of the DSGVO, national data protection regulations may apply in your or our country of residence and domicile. If, in addition, more specific legal regulations apply in individual cases, we will inform you of these in the data protection declaration.

  • Consent (Art. 6 para. 1, sent. 1, letter a DPA) – The data subject has given his/her consent to the processing of personal data concerning him/her for one or more specific purposes.
  • Contractual performance and pre-contractual requests (Art. 6 para. 1, sentence 1, letter b. DPA) – The processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures taken at the request of the data subject.
  • Legal obligation (Art. 6 par. 1 p. 1 letter c. DPA) – The processing is necessary for the performance of a legal obligation to which the controller is subject.
  • Eligible interests (Art. 6 par. 1 p. 1 letter f. DSGVO) – The processing is necessary for the protection of the legitimate interests of the controller or of a third party, except where such interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, are overridden.

National data protection regulations in Germany: In addition to the data protection regulations of the basic data protection regulation, national regulations on data protection apply in Germany. These include in particular the law on protection against misuse of personal data in data processing (Federal Data Protection Act – BDSG). In particular, the BDSG contains special regulations on the right to information, the right to deletion, the right of objection, the processing of special categories of personal data, processing for other purposes and transmission as well as automated decision making in individual cases including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (§ 26 BDSG), in particular with regard to the establishment, implementation or termination of employment relationships and the consent of employees. In addition, the data protection laws of the individual federal states may apply.

use of cookies

Cookies are text files that contain data from visited websites or domains and are stored by a browser on the user’s computer. The primary purpose of a cookie is to store information about a user during or after his visit within an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart or the location 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 using pseudonymous online identifiers, also known as “user IDs”)

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The following cookie types and functions are distinguished:

  • Temporary cookies (also: 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 the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for reach measurement or marketing purposes can 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 parties) to process user information.
  • Necessary (also: essential or imperative) cookies: Cookies may be absolutely necessary for the operation of a website (e.g. to store logins or other user input or for security reasons).
  • Statistical, marketing and personalization cookies: Cookies are also generally used to measure reach and when a user’s interests or behavior (e.g., viewing certain content, using functions, etc.) are stored in a user profile on individual Web pages. Such profiles are used to show users e.g. content that corresponds to their potential interests. This procedure is also known as “tracking”, i.e. following the potential interests of users. . If we use cookies or “tracking” technologies, we will inform you separately in our privacy policy or when you give your consent.

Notes on legal bases: On which legal basis we process your personal data with the help of 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 processing your data is the declared consent. Otherwise, the data processed with the help of cookies will be processed on the basis of our legitimate interests (e.g. in the business operation of our online offer and its improvement) or, if the use of cookies is necessary to fulfill our contractual obligations.

Storage duration: If we do not provide you with explicit information on the storage duration of permanent cookies (e.g. in the context of a so-called cookie opt-in), please assume that the storage duration can be up to two years.

General information on revocation and objection (Opt-Out): Depending on whether the processing is based on consent or legal permission, you have the possibility at any time to revoke any consent given or to object to the processing of your data by cookie technologies (collectively referred to as “Opt-Out”). You can initially declare your objection by means of the settings of your browser, e.g. by deactivating the use of cookies (although this may also restrict the functionality of our online service). An objection to the use of cookies for online marketing purposes can also be declared by means of a variety of services, especially in the case of tracking, via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/. In addition, you can receive further notices of objection in the context of the information on the service providers and cookies used.

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  • Processed data types: 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. users (e.g. website visitors, users of online services).
  • legal basis: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Commercial and business services

We process data of our contractual and business partners, e.g. customers and interested parties (collectively referred to as “contractual partners”) within the scope of contractual and comparable legal relationships as well as related measures and within the scope of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.

We process these data for the fulfilment of our contractual obligations, for the safeguarding of our rights and for the purposes of the administrative tasks associated with these data as well as for the business organisation. Within the framework of the applicable law, we only pass on the data of the contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations or with the consent of the persons concerned (e.g. to involved telecommunication, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). The contractual partners will be informed about other forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.

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Which data is required for the above-mentioned purposes, we will inform the contractual partners before or during the data collection, e.g. in online forms, by special marking (e.g. colors) or symbols (e.g. asterisks or similar), or personally.

We delete the data after expiration of legal warranty and comparable obligations, i.e., in principle after 4 years, unless the data is stored in a customer account, e.g., as long as it must be kept for legal archiving reasons (e.g., for tax purposes usually 10 years). We delete data that has been disclosed to us by the contractual partner within the scope of an order in accordance with the specifications of the order, in principle after the end of the order.

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If we use third party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third party providers or platforms apply in the relationship between the users and the providers.

Store and e-commerce: We process the data of our customers in order to enable them to select, purchase or order the selected products, goods and related services, as well as to pay for them and deliver them or execute them. As far as necessary for the execution of an order, we use service providers, in particular postal, forwarding and shipping companies, in order to carry out the delivery, or execution, respectively, towards our customers. For the processing of payment transactions we use the services of banks and payment service providers. The required information is marked as such within the scope of the order or comparable acquisition process and includes the information required for delivery, or provision and billing, as well as contact information, in order to be able to consult with you if necessary.

  • Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contact data (e.g. e-mail, telephone numbers), contract data (e.g. object of contract, duration, customer category), usage data (e.g. e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: Interested parties, business and contractual partners, customers.
  • Purposes of processing: Contractual performance and service, contact requests and communication, office and organizational procedures, management and response to requests, security measures.

payment service provider

In the context of contractual and other legal relationships, due to legal obligations or otherwise on the basis of our legitimate interests, we offer the persons concerned efficient and secure payment options and use other payment service providers in addition to banks and credit institutions (collectively “payment service providers”).

The data processed by the payment service providers includes inventory data, such as name and address, bank data, such as account or credit card numbers, passwords, TANs and checksums, as well as contract, sum and recipient related data. These details are required to complete the transactions. However, the data entered is only processed by the payment service providers and stored by them. This means that we do not receive any account or credit card-related information, but only information with confirmation or negative information about the payment. Under certain circumstances, the payment service providers may transfer the data to credit agencies. The purpose of this transmission is to check identity and creditworthiness. In this regard, we refer to the general terms and conditions and the data protection information of the payment service providers.

For payment transactions, the terms and conditions and the data protection information of the respective payment service providers apply, which can be accessed within the respective websites or transaction applications. We also refer to these for further information and the assertion of rights of revocation, disclosure and other affected parties’ rights.

  • Processed data types: Inventory data (e.g. names, addresses), payment data (e.g. bank details, invoices, payment history), contract data (e.g. subject matter of the contract, term, customer category), usage data (e.g. websites visited, interest in content, access times), meta/communication data (e.g. device information, IP addresses).
  • Affected persons: customers, interested parties.
  • purposes of processing: contractual services and service.

Served services and service providers:

Provision of the online offer and web hosting

In order to be able to provide our online offer securely and efficiently, we use the services of one or more web hosting providers from whose servers (or servers managed by them) the online offer can be accessed. 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 data relating to the users of our online offer, which are generated in the context of use and communication. This regularly includes the IP address, which is necessary to be able to deliver the contents of online offers to browsers, and all entries made within our online offer or from websites.

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E-mail dispatch and hosting: The web hosting services we use also include the dispatch, receipt and storage of e-mails. For these purposes, the addresses of the recipients and senders as well as other information concerning the e-mail dispatch (e.g. the providers involved) and the contents of the respective e-mails are processed. The aforementioned data may also be processed for SPAM detection purposes. Please note that e-mails on the Internet are generally not sent encrypted. As a rule, e-mails are encrypted in transit, but (unless a so-called end-to-end encryption method is used) not on the servers from which they are sent and received. We can therefore not assume any responsibility for the transmission path 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 on every access to the server (so-called server log files). The server log files may include the address and name of the web pages and files accessed, date and time of access, data volume transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page) and, as a rule, 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 case of abusive attacks, so-called DDoS attacks) and to ensure the utilization of the servers and their stability.

  • Processed data types: Content data (e.g. text entries, 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 basis: Legitimate interests (Art. 6 Par. 1 S. 1 lit. f. DSGVO).

Web analysis, monitoring and optimization

The web analysis (also known as “reach measurement”) serves to evaluate the streams of visitors to our online offer and may include behavior, interests or demographic information about the visitors, such as age or gender, as pseudonymous values. With the help of the range analysis we can, for example, identify at what time our online offer or its functions or contents are most frequently used or invite reuse. We can also understand which areas require optimization.

In addition to web analysis, we can also use test procedures, for example, to test and optimize different versions of our online offer or its components.

For these purposes, so-called user profiles can be created and stored in a file (so-called “cookie”) or similar procedures with the same purpose can be used. This information may include, for example, the content viewed, the web pages visited and the elements used on them, and technical information such as the browser used, the computer system used and information on usage times. If users have consented to the collection of their location data, this data may also be processed, depending on the provider

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The IP addresses of users are also stored. However, we use an IP masking procedure (i.e., pseudonymization by shortening the IP address) to protect the users. In general, the data stored in the context of web analysis, A/B testing and optimization are not clear data of the users (such as e-mail addresses or names), but pseudonyms. This means that we, as well as the providers of the software used, do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective procedures.

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Notes on legal bases: If we ask the users for their consent to the use of third party providers, the legal basis for the processing of data is the consent. Otherwise, the users’ data will be processed on the basis of our legitimate interests (i.e. interest in efficient, economical and recipient-friendly services). In this context, we would also like to draw your attention to the information on the use of cookies in this data protection declaration.

  • Processed data types: 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: Range measurement (e.g. access statistics, recognition of returning visitors), tracking (e.g. (e.g. interest/behavioral profiling, use of cookies), visitor action evaluation, profiling (creation of user profiles).
  • Security measures: IP masking (pseudonymization of the IP address).
  • legal bases: Consent (Art. 6 para. 1 p. 1 lit. a DSGVO), legitimate interests (Art. 6 para. 1 p. 1 lit. f. DSGVO).

Served services and service providers:

Matomo: The information generated by the cookie about your use of this website will only be stored on our server and will not be shared with third parties; service provider: Web analysis/range measurement in self-hosting; website: https://matomo.org/; deletion of data: The cookies have a maximum storage period of 13 months.

Deletion of data

The data processed by us will be deleted in accordance with the legal requirements as soon as their consent to processing is revoked or other permissions cease to apply (e.g. if the purpose for which the data was processed no longer applies or if the data is not necessary for the purpose).

If the data are not deleted because they are required 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 data that must be retained for reasons of commercial or tax law or that are necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person.

Further information on the deletion of personal data can also be found in the individual data protection notes of this privacy policy.

Change and update of the privacy policy

We kindly ask you to inform yourself regularly about the content of our privacy policy. We will adapt the data protection declaration as soon as changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes make it necessary for you to act in a cooperative manner (e.g. to give your consent) or to receive other individual notification.

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If we provide addresses and contact information of companies and organizations in this privacy statement, please note that the addresses may change over time and please check the information before contacting us.

rights of the persons concerned

As a data subject, you are entitled to various rights under the DSGVO, which result in particular from Art. 15 to 21 DSGVO:

  • Right of objection: You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you that is carried out pursuant to art. 6, paragraph 1, letter e or f of the DPA; this also applies to profiling based on these provisions. If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing, including profiling, insofar as it is linked to such direct marketing.
  • Right to withdraw consent: You have the right to revoke consents at any time.
  • Right to information: You have the right to request confirmation as to whether or not data in question is being processed and to receive information about this data and further information and a copy of the data in accordance with the legal requirements.
  • Right of rectification: You have the right to request the completion of the data concerning you or the rectification of incorrect data concerning you, in accordance with the law.
  • Right to erasure and limitation of processing: You have the right to request, in accordance with the law, the immediate erasure of data concerning you or, alternatively, in accordance with the law, the limitation of processing of the data.
  • Right to data transferability: You have the right, in accordance with the legal requirements, to receive data concerning you that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another person responsible.
  • Complaints to supervisory authorities: You also have the right, in accordance with the statutory provisions, to lodge a complaint with a supervisory authority, in particular in the Member State in which you are normally resident, your place of work or the place where the alleged infringement is committed, if you believe that the processing of personal data relating to you is in breach of the DSGVO.

term definitions

This section provides an overview of the terms used in this privacy policy. Many of the terms are taken from the law and are defined above all in Art. 4 DSGVO. The legal definitions are binding. The following explanations, on the other hand, are primarily intended to help you understand them. The terms are sorted alphabetically.

  • Conversion tracking: Conversion tracking is a method of determining the effectiveness of marketing activities. For this purpose, a cookie is usually stored on the user’s device within the websites on which the marketing measures are carried out and then retrieved again on the target website. For example, we can use this to track whether the ads we have placed on other websites have been successful).
  • IP-Masking: “IP-Masking” is a method in which the last octet, i.e. the last two numbers of an IP address, are deleted so that the IP address can no longer be used to uniquely identify a person. IP masking is therefore a means of pseudonymizing processing methods, especially in online marketing
  • Personal data: “Personal data” shall mean any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, a location data, an online identifier (e.g. a cookie) or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
  • Profiling: “Profiling” is any automated processing of personal data which consists of using personal data to analyse, evaluate or predict certain personal aspects relating to a natural person (depending on the type of profiling, this may include information about age, gender, location and movement data, interaction with websites and their content, shopping behaviour, social interactions with other people) (e.g. interests in certain content or products, click behaviour on a website or location). Cookies and web beacons are often used for profiling purposes.
  • Reach measurement: Reach measurement (also known as web analytics) is used to evaluate the flow of visitors to an online offering and can include the behavior or interests of visitors in certain information, such as the content of websites. With the help of reach analysis, website owners can, for example, identify at what time visitors visit their website and what content they are interested in. This enables them to better adapt the contents of the website to the needs of their visitors. Pseudonymous cookies and web beacons are often used for reach analysis purposes in order to recognize returning visitors and thus obtain more precise analyses of the use of an online offering.
  • Tracking: One speaks of “tracking” when the behavior of users can be traced across several online offers. As a rule, behavioral and interest information regarding the online offers used is stored in cookies or on servers of the providers of the tracking technologies (so-called profiling). This information can then be used, for example, to display advertisements to users that are likely to match their interests.
  • Person responsible: The term “person responsible” refers to the natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data.
  • Processing: “Processing” shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means. The term is broad and covers practically all handling of data, whether it be collection, analysis, storage, transmission or deletion.

Created with free data protection generator.de by Dr. Thomas Schwenke

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