The following data protection declaration applies to the use of our online service haferlandphotography.com and its subdomains (hereinafter referred to as “website”). We value data protection very highly. Your personal data is collected and processed in compliance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
1. Responsible person
The person responsible for the collection, processing and use of your personal data in the sense of Art. 4 No. 7 GDPR is:
Haferland Photography, Wilfried Haferland, Toblerstrasse 76a, CH-8044 Zürich, Switzerland
Fon + 41 (0) 44 500 50 99, E-Mail [email protected].
If you wish to object to the collection, processing or use of your data by us in whole or in part in accordance with these data protection provisions, you may address your objection to the person responsible. You can save and print this data protection declaration at any time.
2. General purposes of processing
We use personal data for the purpose of operating the website.
3. What data we use and why
The hosting services used by us serve the provision of the following services: Infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services which we use for the purpose of operating the website.
We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta data 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 Section 1 S. 1 f) GDPR in connection with Art. 28 GDPR.
3.2 Access data
We collect information about you when you use this website. We automatically collect information about your usage patterns and your interaction with us, and we register information about your computer or mobile device. We collect, store and use data about each access to our website (so-called server log files). This includes access data:
- Name and URL of the retrieved file
- Date and time of retrieval
- transferred data volume
- Message about successful retrieval (HTTP response code)
- Browser type and browser version
- operating system
- Referer URL (i.e. the previously visited page)
- Websites accessed by the user’s system through our website
- Internet service provider of the user
- IP address and the requesting provider
We use this log data without allocation to your person or other profiling for statistical evaluations for the purpose of operating, security and optimisation of our website, but also for anonymous recording of the number of visitors to our website (traffic) and for the scope and type of use of our website and services, as well as for billing purposes to measure the number of clicks received from cooperation partners. This information enables us to provide personalized and location-based content and analyze traffic, troubleshoot and correct errors, and improve our services.
This is also our legitimate interest pursuant to Art. 6 Section 1 S. 1 f) GDPR.
We reserve the right to subsequently check the log data if there is a justified suspicion of illegal use on the basis of concrete indications. 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 of services or the billing of a service, e.g. if you use one of our offers. After the order process has been aborted or after payment has been received, we delete the IP address if it is no longer required for security purposes. We also store IP addresses if we have the 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 links, etc.).
We use so-called session cookies to optimize our website. A session cookie is a small text file that is sent by the respective servers when you visit a website and stored temporarily on your hard drive. This file as such contains a so-called session ID, which can be used to assign various requests from your browser to the joint session. This enables 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.
To a small extent, we also use persistent cookies (also small text files that are stored on your end device) that remain on your end device and enable us to recognize your browser the next time you visit. These cookies are stored on your hard drive and are deleted automatically after the specified time. Their lifespan is 1 month to 10 years. This enables us to present our services 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.
- The following data and information is stored in the cookies:
- Log-in information
- language settings
- keywords entered
- Information about the number of visits to our website and the use of individual functions of our website.
You can set your browser so that you are informed in advance when cookies are set and can decide in individual cases whether you want to exclude the acceptance of cookies for certain cases or generally, or that cookies are completely prevented. This may limit the functionality of the website.
3.4 Data for the fulfilment of our contractual obligations
We process personal data that we need to fulfil our contractual obligations, such as name, address, e-mail address, products ordered, invoice and payment data. The collection of this data is necessary for the conclusion of the contract. The data will be deleted after the warranty periods and statutory retention periods have expired. Data linked to a user account (see below) will in any case be retained for the duration of the account’s management. The legal basis for the processing of this data is Art. 6 Section 1 S. 1 b) GDPR, because 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 need the personal data requested at login. When you log in later, only your email or user name and the password you have chosen will be required.
For the new registration we collect master data (e.g. name, address), communication data (e.g. e-mail address) and payment data (bank details, payment services) as well as access data (user name and password).
You can have us delete a user account once it has been created at any time, without incurring any costs other than the transmission costs according to the basic tariffs. A text message to the contact data mentioned under point 1 (e.g. e-mail, fax, letter) is sufficient for this. We will then delete your stored personal data unless we need to store it for the processing of orders or due to legal storage obligations.
The legal basis for processing this data is your consent pursuant to Art. 6 Section 1 S. 1 a) GDPR.
To register for the newsletter, the data requested during the registration process is required. The registration for the newsletter will be logged. After registration, you will receive a message at the specified email address asking you to confirm your registration (“double opt-in”). This is necessary to prevent third parties from registering with your email address.
You can revoke your consent to receive the newsletter at any time and thus cancel the newsletter.
We store the registration data as long as they are needed for the dispatch of the newsletter. We store the logging of the registration and the dispatch address as long as there was an interest in the proof of the originally given consent, as a rule these are the limitation periods for civil claims.
The legal basis for sending the newsletter is your consent in accordance with Art. 6 Section 1 S. 1 a) in conjunction with Art. 7 GDPR in conjunction with § 7 Section 2 No. 3 UWG. Legal basis for the logging of the registration is our justified interest in the proof that the dispatch was made with your consent.
You can cancel the registration 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 data mentioned under point 1 (e.g. e-mail, fax, letter) is sufficient for this. Of course, you will also find a unsubscribe link in every newsletter.
3.7 Product recommendations
We regularly send you product recommendations by e-mail, independent of the newsletter. In this way, we send you information about products from our range that you may be interested in based on your most recent purchases of goods or services from us. We strictly adhere to the legal requirements. You can object to this at any time without incurring any costs other than the transmission costs according to the basic tariffs. A message in text form to the contact data mentioned under number 1 (e.g. e-mail, fax, letter) is sufficient for this. Of course, you will also find a unsubscribe link in every e-mail.
The legal basis for this is the legal permission according to Art. 6 Section 1 S. 1 f) GDPR in conjunction with § 7 Section 3 UWG.
3.8 E-Mail contact
If you contact us (e.g. via contact form or e-mail), we will process your details to process the enquiry and in the event that follow-up questions arise.
If the data processing is carried out to carry out pre-contractual measures, which take place at your request, or, if you are already our customer, to carry out the contract, the legal basis for this data processing is Art. 6 Sec. 1 S. 1 b) GDPR.
We only process further personal data if you consent to this (Art. 6 Sec. 1 S. 1 a) GDPR) or if we have a legitimate interest in processing your data (Art. 6 Section 1 S. 1 f) GDPR). A legitimate interest lies, for example, in replying to your e-mail.
4. Google Analytics
We use Google Analytics, a web analysis service provided by Google Inc. “(“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by website visitors is generally transmitted to a Google server in the USA and stored there.
This is also our legitimate interest pursuant to Art. 6 Section 1 S. 1 f) GDPR.
Google has submitted to the Privacy Shield Agreement concluded between the European Union and the USA and certified itself. As a result, Google undertakes to comply with the standards and regulations of European data protection law. Further information can be found in the following linked entry: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
We have enabled IP anonymization on this website (anonymizeIp). However, this will cause Google to previously shorten your IP address within member states of the European Union or other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to and truncated by Google on servers in the United States. Google will use this information on our behalf to evaluate 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.
You can also prevent the transmission of 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 plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
As an alternative to the browser plug-in 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 this 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 duration
Unless specifically stated, we will only store personal data for as long as is necessary to fulfill the purposes for which it was collected.
In some cases, the law provides for the retention of personal data, for example in tax or commercial law. In these cases, the data is only stored by us for these legal purposes, but is not processed elsewhere and deleted after the legal retention period has expired.
6. Your rights as a person affected by data processing
Under the applicable laws, you have various rights with respect to your personal information. If you wish to exercise these rights, please send your request by e-mail or by post, clearly identifying yourself, to the address given in paragraph 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.
You have the right at any time to receive confirmation from us as to whether or not your personal data is being processed. If this is the case, you have the right to request from us free information about the personal data stored about you together with a copy of this data. Furthermore, you have the right to the following information:
the processing purposes;
the categories of personal data 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;
if possible, the envisaged duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration;
the existence of a right to have personal data concerning you rectified or erased or to have the processing limited by the controller or to object to such processing;
the existence of a right of appeal to a supervisory authority;
if the personal data are not collected from you, all available information about the origin of the data;
the existence of automated decision-making including profiling in accordance with Art. 22 Section 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved as well as the scope and intended effects of such processing for you.
If personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate guarantees pursuant to Art. 46 GDPR in connection with the transfer.
6.2 Right to rectification
You have the right to demand that we correct and, if necessary, complete any personal data concerning you.
You have the right to demand from us immediately the correction of incorrect personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data – also by means of a supplementary declaration.
6.3 Right to deletion (“right to be forgotten”)
In a number of cases, we may be required to delete personal information about you.
Pursuant to Art. 17 Section1 GDPR, you have the right to demand that we delete personal data concerning you immediately, and we are obliged to delete personal data immediately if one of the following reasons applies:
Personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
You revoke your consent on which the processing was based pursuant to Art. 6 Section 1 1 a) GDPR or Art. 9 Section 2 a) GDPR and there is no other legal basis for the processing.
You object to the processing pursuant to Art. 21 Section 1 GDPR and there are no overriding legitimate reasons for the processing or you object to the processing pursuant to Art. 21 Section 2 GDPR.
The personal data have been processed unlawfully.
The deletion of 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 were collected in relation to information society services offered pursuant to Art. 8 Section 1 GDPR.
If we have made the personal data public and we are obliged to delete them pursuant to Art. 17 Section 1 GDPR, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you have requested them to delete all links to this personal data or copies or replications of this personal data.
6.4 Right to limitation of processing
In a number of cases, you have the right to ask us to restrict the processing of your personal data.
You have the right to demand that we restrict the processing of your personal data if one of the following conditions is met:
the accuracy of the personal data is disputed by you for a period of time that allows us to verify the accuracy of the personal data,
the processing is unlawful and you refused to delete the personal data and instead requested the restriction of the use of the personal data;
we no longer need the personal data for the purposes of processing, but you need the data to assert, exercise or defend legal claims, or
you have lodged an objection against the processing pursuant to Art. 21 Section 1 GDPR, as long as it has not yet been established whether the legitimate reasons of our company outweigh yours.
6.5 Right to data transferability
You have the right to receive, transmit or have us transmit machine-readable personal data concerning you.
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format, and you have the right to transfer this data to another responsible person without our obstruction, provided that
the processing is based on a consent pursuant to Art. 6 Section 1 1 a) GDPR or Art. 9 Section 2 a) GDPR or on a contract pursuant to Art. 6 Section 1 S. 1 b) GDPR and
processing is carried out using automated procedures.
When exercising your right to data transfer in accordance with paragraph 1, you have the right to obtain that the personal data is transferred directly by us to another responsible person, insofar as this is technically feasible.
6.6 Right of objection
You also have the right to object to a 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.
You have the right, for reasons arising from your particular situation, to object at any time to the processing of personal data concerning you on the basis of Art. 6 Section 1 S. 1 e) or f) GDPR; this also applies to profiling based on these provisions. We no longer process personal data unless we can prove compelling reasons for the processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
If personal data is processed by us for the purpose of direct advertising, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling, insofar as it is connected with such direct advertising.
You have the right to object to the processing of your personal data for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 Section 1 GDPR for reasons arising from your particular situation, unless such processing is necessary for the performance of a task in the public interest.
6.7 Automated decisions including profiling
You have the right not to be subject to any decision based solely on automated processing – including profiling – which has any legal effect on you or which significantly affects you in a similar manner.
There is no automated decision-making on the basis of the personal data collected.
6.8 Right to revoke consent under data protection law
You have the right to revoke your consent to the processing of personal data at any time.
6.9 Right to complain to a supervisory authority
You have the right to complain to a supervisory authority, in particular in the Member State where you are staying, at your place of work or at the place where the alleged infringement occurred, if you consider that the processing of your personal data 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 will be transmitted encrypted. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) coding system, but point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the 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 continually adapt to the state of the art.
Furthermore, we do not guarantee that our services will be available at certain times; disruptions, interruptions or failures cannot be ruled out. The servers we use are regularly and carefully backed up.
8. Transfer of data to third parties
In principle, we use your personal data only within our company.
If and to the extent that we involve third parties in the performance of contracts (such as logistics service providers), these personal data will only be provided to the extent that the transmission is necessary for the corresponding service.
In the event that we outsource certain parts of the data processing (“order processing”), we contractually oblige order processors to use personal data only in accordance with the requirements of the data protection laws and to guarantee the protection of the rights of the person concerned.
Data will not and will not be transferred to entities or persons outside the EU and Switzerland outside the case referred to in this declaration in section 4.
9. Data Protection Officer
If you have any questions or concerns about data protection, please contact our data protection officer:
Wilfried Haferland, Toblerstrasse 76a, CH-8044 Zürich, Switzerland, Fon + 41 (0) 44 500 50 99, E-Mail [email protected].
Haferland Photography, 05/2018