Data Protection

"I am very pleased about your interest in my work. Data protection holds a particularly high value for the JOVANDENBERG website. It is generally possible to use the JOVANDENBERG website without providing any personal data. However, if an individual wishes to make use of specific services offered by my company through the website, the processing of personal data may become necessary. If the processing of personal data is required and there is no legal basis for such processing, I generally obtain the consent of the individual concerned.

The processing of personal data, such as the name, address, email address, or telephone number of an individual, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applicable to the JOVANDENBERG website. Through this privacy policy, I aim to inform the public about the nature, scope, and purpose of the personal data I collect, use, and process. Furthermore, this privacy policy informs individuals about their rights.

The JOVANDENBERG website, as the data controller, has implemented numerous technical and organizational measures to ensure the most comprehensive protection of personal data processed through this website. Nevertheless, internet-based data transmissions can have security vulnerabilities, meaning that absolute protection cannot be guaranteed. For this reason, individuals are free to transmit personal data to us via alternative methods, such as by phone."

1. Definitions

The privacy policy of the JOVANDENBERG website is based on the terminology used by the European legislator when enacting the General Data Protection Regulation (GDPR). The privacy policy is designed to be easily readable and understandable for the general public, as well as for our customers and business partners. To ensure this, I would like to first explain the terminology used.

In this privacy policy, I use the following terms:

a) Personal Data

Personal data is any information relating to an identified or identifiable natural person ("data subject"). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

b) Data Subject

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

c) Processing

Processing is any operation or set of operations performed on personal data, whether by automated means or not, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

d) Restriction of Processing

Restriction of processing is the marking of stored personal data with the aim of limiting its processing in the future.

e) Profiling

Profiling is any type of automated processing of personal data that involves using personal data to evaluate certain personal aspects related to a natural person, in particular to analyze or predict aspects concerning the person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

f) Pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person.

g) Controller or Data Controller

The controller or data controller is the natural or legal person, authority, agency, or other body that alone or jointly with others determines the purposes and means of the processing of personal data. If the purposes and means of processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided by Union or Member State law.

h) Processor

A processor is a natural or legal person, authority, agency, or other body that processes personal data on behalf of the controller.

i) Recipient

A recipient is a natural or legal person, authority, agency, or other body to whom personal data is disclosed, whether or not a third party. However, public authorities that may receive personal data in the course of a specific investigation in accordance with Union or Member State law are not considered recipients; the processing of such data by public authorities is carried out in accordance with applicable data protection laws and for the purpose of the investigation.

j) Third Party

A third party is any natural or legal person, authority, agency, or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.

k) Consent

The consent of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or a clear affirmative action, signify agreement to the processing of personal data relating to them.

2. Name and Address of the Data Controller

The data controller within the meaning of the General Data Protection Regulation (GDPR), other applicable data protection laws in the member states of the European Union, and other data protection regulations is:

Jovandenberg
07609 Badia Blava
Mallorca, Spain
Phone: +49 172 8722662
Email: info@jovandenberg.com
Website: www.jovandenberg.com

3. Cookies

The websites of the Jovandenberg website use cookies. Cookies are text files that are stored on a computer system via an internet browser.

Many internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that allows internet pages and servers to assign a specific internet browser in which the cookie was stored. This enables visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified through the unique cookie ID.

By using cookies, the Jovandenberg website can provide users with more user-friendly services that would not be possible without the setting of cookies.

Through a cookie, the information and offerings on our website can be optimized in the user’s interest. As mentioned before, cookies allow us to recognize our website users. The purpose of this recognition is to make it easier for users to use this website. For example, a user of a website that uses cookies does not have to enter login data every time they access the website, as these are taken over by the website and the cookie is stored on the user’s computer system. Another example is the cookie of a shopping cart in an online store. The online store remembers the items a customer has placed in their virtual shopping cart through a cookie.

The data subject can prevent the setting of cookies through our website at any time by making the appropriate setting in the internet browser used, and thus permanently object to the setting of cookies. Furthermore, already set cookies can be deleted at any time via an internet browser or other software programs. This is possible in all common internet browsers. If the data subject disables the setting of cookies in the internet browser used, some features of our website may not be fully usable.

4. Collection of General Data and Information

The website of JOVANDENBERG collects a range of general data and information with every visit to the website by a data subject or an automated system. This general data and information is stored in the server's log files. This information is required in order to (1) correctly deliver the content of our website, (2) optimize the content of our website and the advertising for it, (3) ensure the permanent functionality of our IT systems and the technology of our website, and (4) provide law enforcement authorities with the necessary information for prosecution in the event of a cyber attack.

When using this general data and information, the JOVANDENBERG website does not draw any conclusions about the data subject. This information is rather needed to (1) correctly deliver the content of this website, (2) optimize the content of this website and the advertising for it, (3) ensure the permanent functionality of the IT systems and the technology of this website, and (4) provide law enforcement authorities with the necessary information for prosecution in the event of a cyber attack. These anonymized data and information are therefore evaluated by the JOVANDENBERG website both statistically and with the aim of increasing data protection and data security in our company, ultimately ensuring an optimal level of protection for the personal data we process. The anonymized data from the server log files are stored separately from all personal data provided by a data subject.

5. Contact Possibility via the Website

The website of JOVANDENBERG contains, in accordance with legal regulations, information that allows for quick electronic contact as well as immediate communication with me, which also includes a general address for electronic mail (email address). If a data subject contacts the person responsible for processing via email or through a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data voluntarily transmitted by a data subject to the person responsible for processing is stored for the purpose of processing or contacting the data subject. There will be no disclosure of this personal data to third parties.

6. Routine Deletion and Blocking of Personal Data

The person responsible for processing processes and stores personal data of the data subject only for the period necessary to achieve the storage purpose or as provided by the European legislative body or another legislator in laws or regulations to which the person responsible for processing is subject.

Once the storage purpose no longer applies or a storage period prescribed by the European legislator or another competent legislator expires, the personal data will routinely and in accordance with legal requirements be blocked or deleted.

7. Rights of the Data Subject

a) Right to Confirmation

Every data subject has the right granted by the European legislator to request from the data controller a confirmation as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact an employee of the data controller at any time.

b) Right to Access

Every data subject has the right granted by the European legislator to obtain from the data controller, free of charge and at any time, information about the data stored about them and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information: the purposes of the processing; the categories of personal data concerned; the recipients or categories of recipients to whom the personal data has been or will be disclosed, especially recipients in third countries or international organizations; where possible, the intended period for which the personal data will be stored, or, if that is not possible, the criteria used to determine that period; the existence of the right to request from the data controller the rectification or erasure of personal data, or the restriction of processing of personal data concerning them, or to object to such processing; the right to lodge a complaint with a supervisory authority; if the personal data has not been collected from the data subject, all available information about its origin; the existence of automated decision-making, including profiling, in accordance with Article 22, paragraphs 1 and 4 of the GDPR and – at least in these cases – meaningful information about the underlying logic as well as the significance and the likely consequences of such processing for the data subject. Furthermore, the data subject has the right to be informed whether personal data is transferred to a third country or to an international organization. If this is the case, the data subject has the right to be informed about the appropriate safeguards relating to the transfer.

If a data subject wishes to exercise this right of access, they may contact an employee of the data controller at any time.

c) Right to Rectification

Every data subject has the right granted by the European legislator to request from the data controller the rectification of inaccurate personal data concerning them without undue delay. The data subject has the right to request the completion of incomplete personal data – also by providing a supplementary statement – taking into account the purposes of the processing.

If a data subject wishes to exercise this right to rectification, they may contact an employee of the data controller at any time.

d) Right to Erasure (Right to be Forgotten)

Every data subject has the right granted by the European legislator to request the immediate erasure of personal data concerning them from the data controller, and the data controller is obliged to erase the personal data immediately, if one of the following reasons applies and processing is not necessary:

The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
The data subject withdraws their consent on which the processing is based in accordance with Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, and there is no other legal ground for the processing.
The data subject objects to the processing under Article 21(1) of the GDPR, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing under Article 21(2) of the GDPR.
The personal data has been unlawfully processed.
The personal data must be erased for compliance with a legal obligation under Union law or the law of a Member State to which the data controller is subject.
The personal data was collected in relation to the offer of information society services in accordance with Article 8(1) of the GDPR.

If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored on the JOVANDENBERG website, they may contact an employee of the data controller at any time. The employee of the JOVANDENBERG website will ensure that the erasure request is promptly followed.

If the data controller has made personal data public and is required to erase it pursuant to Article 17(1) of the GDPR, they will take reasonable steps, taking into account available technology and implementation costs, including technical measures, to inform other data controllers processing the personal data, that the data subject has requested the erasure of all links to, or copies or replications of, such personal data, unless the processing is necessary.

e) Right to Restrict Processing

Every data subject has the right granted by the European legislator to request the restriction of processing from the controller if one of the following reasons applies: The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. The processing is unlawful, and the data subject objects to the erasure of the personal data and requests instead the restriction of its use. The controller no longer requires the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims. The data subject has objected to processing in accordance with Article 21(1) GDPR, as long as it has not been verified whether the legitimate grounds of the controller override those of the data subject.

If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored on the JOVANDENBERG website, they may contact an employee of the controller at any time.

f) Right to Data Portability

Every data subject has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They have the right to transmit these data to another controller without hindrance from the controller to whom the personal data were provided, provided that the processing is based on consent in accordance with Article 6(1)(a) of the General Data Protection Regulation or Article 9(2)(a) of the GDPR, or based on a contract in accordance with Article 6(1)(b) of the GDPR, and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, the data subject has the right, when exercising their right to data portability under Article 20(1) GDPR, to request the direct transfer of personal data from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.

To assert the right to data portability, the data subject may contact the JOVANDENBERG website at any time.

g) Right to Object

Every data subject has the right granted by the European legislator to object at any time to the processing of their personal data, based on Article 6(1)(e) or (f) GDPR, for reasons related to their particular situation. This applies also to profiling based on these provisions.

The JOVANDENBERG website will no longer process the personal data in the event of an objection unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the data subject, or the processing is necessary for the establishment, exercise, or defense of legal claims.

If the JOVANDENBERG website processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing purposes. This also applies to profiling, to the extent it is related to such direct marketing. If the data subject objects to the processing for direct marketing purposes, the JOVANDENBERG website will no longer process personal data for these purposes.

Additionally, the data subject has the right to object, for reasons related to their particular situation, to the processing of personal data concerning them for scientific or historical research purposes or for statistical purposes under Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

To exercise their right to object, the data subject may contact the JOVANDENBERG website. Additionally, the data subject may exercise their right to object through automated procedures when using services of the information society, notwithstanding Directive 2002/58/EC.

h) Automated Individual Decision-Making, Including Profiling

Every data subject has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or (3) is based on the explicit consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is made with the explicit consent of the data subject, the JOVANDENBERG website will take appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

If the data subject wishes to assert their rights with respect to automated individual decisions, they may contact the JOVANDENBERG website at any time.

i) Right to Withdraw Consent

Every data subject has the right granted by the European legislator to withdraw their consent to the processing of their personal data at any time.

If the data subject wishes to exercise their right to withdraw consent, they may contact the JOVANDENBERG website at any time.

8. Privacy Policy for the Application and Use of Facebook

The controller responsible for processing has integrated components of the company Facebook on this website. Facebook is a social network.

A social network is an online platform for social interactions, an online community that typically allows users to communicate and interact with each other in a virtual space. A social network can serve as a platform for exchanging opinions and experiences or enabling the internet community to provide personal or business-related information. Facebook allows users of the social network to create private profiles, upload photos, and make connections by sending friend requests.

The operating company of Facebook is Facebook, Inc., based at 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside the United States or Canada, the controller responsible for processing is Facebook Ireland Ltd., based at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

Each time one of the individual pages of this website, operated by the controller, is accessed and on which a Facebook component (Facebook plug-ins) has been integrated, the internet browser on the affected person’s information technology system will automatically be prompted by the Facebook component to download a display of the relevant Facebook component from Facebook. An overview of all Facebook plug-ins can be retrieved at https://developers.facebook.com/docs/plugins/. As part of this technical procedure, Facebook becomes aware of which specific subpage of this website is being visited by the affected person.

If the affected person is logged into Facebook at the same time, Facebook recognizes with each visit to this website by the affected person and during the entire duration of their stay on our website, which specific subpage of our website the affected person is visiting. This information is collected through the Facebook component and linked to the respective Facebook account of the affected person. If the affected person clicks on any of the Facebook buttons integrated on this website, such as the "Like" button, or leaves a comment, Facebook matches this information with the personal Facebook user account of the affected person and stores the personal data.

Facebook receives information about the visit to our website by the affected person whenever the affected person is logged into Facebook at the time of accessing our website. This occurs regardless of whether the affected person clicks on the Facebook component or not. If the affected person does not want information to be transmitted to Facebook, they can prevent the transmission by logging out of their Facebook account before accessing this website.

The privacy policy published by Facebook, which is available at https://facebook.com/about/privacy/, provides information on the collection, processing, and use of personal data by Facebook. It also explains the privacy settings offered by Facebook to protect the privacy of the affected person. Additionally, various settings are provided that allow the affected person to prevent the transmission of data to Facebook. These tools can be used by the affected person to stop the transmission of data to Facebook.

9. Privacy Policy Regarding the Application and Use of Google Analytics (with Anonymization Function)

The data controller has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analytics service. Web analysis is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analytics service collects data, among other things, about which website a person came from (the so-called referrer), which subpages were visited, or how often and how long a subpage was viewed. Web analytics are primarily used to optimize a website and to perform a cost-benefit analysis of online advertising.

The operator of the Google Analytics component is Google Inc., based at 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, United States.

For web analysis by Google Analytics, the data controller uses the application "_gat._anonymizeIp." This application shortens and anonymizes the IP address of the user's internet connection when accessing our websites from a member state of the European Union or another contracting state to the agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze traffic on our website. Google uses the collected data and information, among other things, to evaluate the use of our website and to create online reports that display the activities on this website, and to provide further services related to the use of this website.

Google Analytics sets a cookie on the information technology system of the affected person. The definition of cookies is explained above. By setting the cookie, Google is enabled to analyze the use of this website. With each visit to one of the individual pages of this website, which is operated by the data controller and into which a Google Analytics component has been integrated, the internet browser on the information technology system of the affected person automatically transmits data to the Google Analytics component for the purposes of online advertising and the billing of commissions to Google. In the course of this technical procedure, Google becomes aware of personal data, such as the IP address of the affected person, which Google uses, among other things, to track the origin of the visitors and clicks and then create commission statements.

The cookie stores personal information, such as the access time, the location from which access occurred, and the frequency of visits of the affected person to our website. With each visit to this website, these personal data, including the IP address of the internet access used by the affected person, are transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may transfer this personal data collected through the technical procedure to third parties.

The affected person can prevent the setting of cookies by this website, as already described above, at any time by adjusting the settings of the internet browser used, thereby permanently objecting to the setting of cookies. Such a setting of the internet browser would also prevent Google Analytics from setting a cookie on the information technology system of the affected person. In addition, cookies already set by Google Analytics can be deleted at any time through an internet browser or other software programs.

Furthermore, the affected person has the option to object to the collection of data generated by Google Analytics related to their use of the website and to the processing of this data by Google, and to exclude such processing. For this purpose, the affected person must download and install a browser add-on from the link https://tools.google.com/dlpage/gaoptout. This browser add-on informs Google Analytics via JavaScript that no data and information about the visit to websites may be transmitted to Google Analytics. The installation of the browser add-on is considered by Google as an objection. If the information technology system of the affected person is later deleted, formatted, or reinstalled, the affected person must reinstall the browser add-ons to deactivate Google Analytics. If the browser add-on has been uninstalled or deactivated by the affected person or another person within their control, there is the possibility of reinstalling or reactivating the browser add-ons.

Further information and the applicable privacy policies of Google can be retrieved at https://www.google.com/intl/en/policies/privacy/ and at http://www.google.com/analytics/terms/us.html. Google Analytics is explained in more detail at the following link: https://www.google.com/analytics/.

10. Privacy Policy for the Use and Utilization of Instagram

The controller responsible for processing has integrated components of the Instagram service on this website. Instagram is a service that can be described as an audiovisual platform, allowing users to share photos and videos and disseminate this data across other social networks.

The operating company of the services provided by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.

Each time one of the individual pages of this website, operated by the controller, which has an Instagram component (Insta-Button) integrated, is accessed, the internet browser on the data subject's IT system is automatically prompted by the respective webpage to download a display of the relevant Instagram component from Instagram. As part of this technical procedure, Instagram becomes aware of which specific subpage of our website the data subject is visiting.

If the data subject is simultaneously logged into Instagram, Instagram will recognize, with each visit of our website by the data subject and during the entire stay on this website, which specific subpage of the website is being visited. This information is collected via the Instagram component and associated with the data subject's respective Instagram account. If the data subject clicks on one of the Instagram buttons integrated on this website, Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.

Through the Instagram component, Instagram receives the information that the data subject has visited this website, provided the data subject is logged into Instagram at the time of accessing our website. This happens regardless of whether the data subject clicks on the Instagram button or not. If the data subject does not want such transmission of information to Instagram, they can prevent it by logging out of their Instagram account before accessing this website.

Further information and the applicable privacy policies of Instagram can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

11. Legal Basis for Processing

Article 6(1)(a) of the GDPR serves as the legal basis for processing activities where we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, such as in processing activities required for the delivery of goods or the provision of other services, the processing is based on Article 6(1)(b) of the GDPR. The same applies to processing activities necessary for the performance of pre-contractual measures, for example, when inquiries are made about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, the processing is based on Article 6(1)(c) GDPR.

In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and their name, age, health insurance data, or other vital information needed to be disclosed to a doctor, hospital, or other third party. In such cases, the processing would be based on Article 6(1)(d) GDPR.

Finally, processing may occur based on Article 6(1)(f) of the GDPR. This legal basis is used for processing activities that are not covered by any of the aforementioned legal bases, if the processing is necessary for the protection of the legitimate interests of our company or a third party, provided that the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, do not override those interests. Such processing is particularly permissible because it is expressly mentioned by the European legislator. A legitimate interest can be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 of the GDPR).

12. Legitimate Interests Pursued by the Controller or a Third Party

If the processing of personal data is based on Article 6(1)(f) of the GDPR, our legitimate interest lies in conducting our business operations for the benefit of the well-being of all our employees and shareholders.

12.1 Duration of Storage of Personal Data

The criterion for determining the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will routinely be deleted unless it is no longer required for contract fulfillment or contract initiation.

12.2 Provision of Personal Data as a Legal or Contractual Obligation; Necessity for Contract Conclusion; Obligation of the Affected Person to Provide Personal Data; Possible Consequences of Non-Provision of These Data

I clarify that the provision of personal data is partly legally required (e.g., tax regulations) or may also arise from contractual agreements (e.g., information about the contracting party).

It may sometimes be necessary for the conclusion of a contract that the affected person provides us with personal data, which will subsequently need to be processed by us. The affected person is, for example, obligated to provide us with personal data if our company enters into a contract with them. The failure to provide personal data would result in the contract with the affected person not being able to be concluded.

Before providing personal data, the affected person must contact an employee. The employee will inform the affected person whether the provision of the personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what consequences the non-provision of the personal data would have.
12.3 Presence of Automated Decision-Making

As the data controller, I do not use automated decision-making or profiling.