1) Information on the collection of personal data and contact details of the data controller
1.1 In the following, we inform you about the handling of your personal data. Personal data is all data with which you can be personally identified.
Please check carefully which personal data you share with us through Instagram. Instagram is part of the Facebook companies and shares with Facebook as well as with other Facebook companies (https://www.facebook.com/help/111814505650678?ref=dp) infrastructure, systems and technology. We expressly emphasize that Facebook stores the data of its users from its services (e.g. personal information, IP address, etc.) and may also use this for business purposes. For more information about the way Facebook processes data on Instagram, see Instagram’s privacy policy at https://help.instagram.com/519522125107875?helpref=page_content.
We have no control over data collection and further processing by Facebook. Furthermore, it is not clear to us to what extent, at what location and for how long the data is stored, to what extent Facebook complies with existing erasure obligations, which analyses and connections are made with the data and to whom the data is forwarded. If you would like Facebook to avoid processing any personal information you provide to us, please contact us by other means. You can find our complete contact details in our imprint (Legal Disclosure/Impressum).
1.2 The data controller on this website according to the General Data Protection Regulation (GDPR) is: Daniel John Hawk, Corinthstraße 55, 10245 Berlin, Germany, Tel.: +49 152 36227915, E-Mail: danny@dannyjhawk.com, insofar as we exclusively process the data you send us via Instagram ourselves. Insofar as the data you send us via Instagram is also or exclusively processed by Facebook, then Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland, is also the controller according to the General Data Protection Regulation (GDPR).
The data controller is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data.
2) Data protection officer
You can contact Facebook’s data protection officer via the online contact form provided by Facebook at https://www.facebook.com/help/contact/540977946302970.
3) Data processing when contacting us
We ourselves collect personal data when you contact us, e.g. via a contact form or messenger. The type of data that is collected in the event of a contact form is apparent from the respective contact form. This data is stored and used solely for the purpose of answering your request or for establishing contact and conducting any associated technical administration. The legal basis for processing the data is our legitimate interest in responding to your request according to point (f) of Article 6 (1) of the GDPR. If the purposes of your contact is to conclude a contract, the additional legal basis for processing your data is point (b) of Article 6 (1) of the GDPR. Your data will be deleted after the final processing of your request, unless there are any legal obligations to store it. We assume that processing is done if it can be inferred from the circumstances that the matters in question have been clarified conclusively.
4) Data processing for the purpose of processing a contract
If by contacting us via Instagram, the basis is set for a contract with us to provide goods and/or services, we will also process the data you provide us with in this context as follows in the event that the contract is concluded:
4.1 We will pass on your payment data to the authorized credit institution within the scope of payment processing, insofar as this is necessary in order to process your payment. The legal basis for passing on data is point (b) of Article 6 (1) of the GDPR.
4.2 In the case of contracts for the delivery of goods, we will pass on personal data collected by us to the transportation company commissioned with delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods.
5) Rights of the data subject
5.1 The applicable data protection law grants you comprehensive rights (information and intervention rights) vis-à-vis the controller processing your personal data, which we inform you of below:
- Right of access according to Article 15 of the GDPR;
- Right to rectification according to Article 16 of the GDPR;
- Right to erasure according to Article 17 of the GDPR;
- Right to restriction of processing according to Article 18 of the GDPR;
- Right to be informed according to Article 19 of the GDPR;
- Right to data portability according to Article 20 of the GDPR;
- Right to withdraw consent granted pursuant to Article 7 (3) of the GDPR;
- Right to lodge a complaint pursuant to Article 77 of the GDPR.
5.2 RIGHT TO OBJECT
IF, IN THE CONTEXT OF A WEIGHING OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO SUCH PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL TERMINATE THE PROCESSING OF DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO CONTINUE PROCESSING IF WE CAN PROVE COMPELLING GROUNDS FOR PROCESSING WORTHY OF PROTECTION WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF YOUR PERSONAL DATA IS PROCESSED BY US IN ORDER TO CONDUCT DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSE OF SUCH ADVERTISING. YOU CAN EXERCISE YOUR RIGHT TO OBJECT AS DESCRIBED ABOVE.
IF YOU MAKE USE OF YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
6) Storage duration of personal data
The storage duration of personal data is measured according to the respective legal basis, the purpose of processing and – if relevant – additionally according to the respective legal retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of expressly given consent pursuant to point (a) of Article 6 (1) of the GDPR, this data is stored until the data subject revokes his/her consent.
If there are legal storage periods for data which is processed within the framework of legal or similar obligations on the basis of point (b) of Article 6 (1) of the GDPR, this data will be routinely deleted after expiration of the storage periods if it is no longer necessary for the fulfilment of a contract or the initiation of a contract and/or if we no longer have a legitimate interest in further storage.
When processing personal data on the basis of point (f) of Article 6 (1) of the GDPR, the data is stored until the data subject exercises his/her right to object according to Article 21 (1) of the GDPR, unless we can prove compelling grounds for data processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves the assertion, exercise or defence of legal claims.
If personal data is processed for the purpose of direct marketing on the basis of point (f) of Article 6 (1) of the GDPR, this data is stored until the data subject exercises his/her right to object pursuant to Article 21 (2) of the GDPR.
Furthermore, unless otherwise indicated in other information contained in this statement regarding specific processing situations, personal data that has been stored shall be erased when it is no longer necessary for the purposes for which it was collected or otherwise processed.