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Privacy Policy
Privacy Policy of VPS FILM-ENTERTAINMENT GMBH
BOCKHOFSTR. 31, 66909 HERSCHWEILER-PETTERSHEIM Germany
Privacy Policy
We are very pleased about your interest in our company. Data protection has a very high priority for our company, employees and management.
The use of our website is in principle possible without the provision of any personal data. However, if you, as a data subject (within the meaning of the GDPR), wish to use certain services of our company via our website, processing of personal data may be necessary. If the processing of personal data is required and there is no le-gal basis for such processing, we will in principle obtain your consent as a data sub-ject.
The processing of personal data, such as the name, address, e-mail address or tele-phone number of a data subject, will be done in accordance with the requirements of the General Data Protection Regulation and our country-specific data protection regulations. Through this privacy policy, we want to inform the visitors to our website about the nature, extent and purpose of the personal data processed by us and to inform data subjects about their rights.
As the operator of this website and the controller, we have implemented numerous organisational and technical measures to ensure the best and most complete protec-tion of any personal data processed through our website. But we would like to point out that internet-based data transmissions can in principle have security gaps, so absolute protection cannot be guaranteed. Each data subject is therefore free to pro-vide us any personal data required for the use of special services by alternative means, such as telephone.
1. Definitions
This privacy policy is based on the terms used by the European Regulatory Authority when issuing the General Data Protection Regulation (GDPR). The privacy policy should be as easy to read and understand as possible for the public, our visitors to our website, as well as for our customers and business partners. The privacy policy therefore first provides an explanation of the terms used. For example, the following terms are used in this privacy policy and on our website:
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter: “data subject”). A natural person is considered to be identifi-able who can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical, physiologi-cal, genetic, mental, economic, cultural or social identity of this natural person.
b) Data subject
A data subject is any identified or identifiable natural person whose personal da-ta is processed by the controller.
c) Processing
Processing means any process or series of operations related to personal data, such as collecting, gathering, organizing, ordering, storing, adapting or modify-ing, reading, querying, using with or without the aid of automated procedures, disclosure by submission, dissemination or other form of provision, reconcilia-tion or association, restriction, erasure or destruction.
d) Restriction of processing
Restriction of the processing is the marking of stored personal data with the aim to limit its future processing.
e) Profiling
Profiling is any kind of automated processing of personal data that consists in using that personal data to evaluate certain personal aspects relating to a natu-ral person, in particular aspects relating to job performance, economic situation, health, personal in order to analyse or predict preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a way that per-sonal data can no longer be attributed to a specific data subject without the need for additional information, provided that such additional information is kept sepa-rate and subject to technical and organisational measures to ensure that the personal data is not assigned to an identified or identifiable natural person.
g) Controller or controller responsible for data processing
The controller or controller responsible for data processing is the natural or legal person, public authority, entity or body that, alone or in concert with others, de-cides on the purposes and means of processing personal data. Where the pur-poses and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for its designation may be provided for under Union or national law.
h) Commissioned processor
A commissioned processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, agency, authority or other entity to whom personal data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union or national law in connection with a particular mission are not considered as recipients.
j) Third party
A third party is a natural or legal person, public authority, entity or body other than the data subject, the controller, the commissioned processor and the per-sons authorised under the direct responsibility of the controller or the commis-sioned processor to process the personal data.
k) Consent
Consent is any voluntarily given and unambiguously expressed declaration in the form of a statement or other unambiguous confirmatory act by the data sub-ject for the particular case, by which the data subject indicates that they consent to the processing of the personal data concerning them.
2. Name and address controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws in the Member States of the European Union and other provi-sions of a data protection character is:
VPS FILM-ENTERTAINMENT GMBH
BOCKHOFSTR. 31
66909 HERSCHWEILER-PETTERSHEIM Germany
Phone: +49 (0)6383 40 5999-5
Fax: +49 (0)6383 40 5999-9
Email: it@vpsfilm.de
Web: www.vpsfilm.de
HRB 31537 District Court Kaiserslautern VAT ID: 129489685
Management: Andreas Kirchen
Collection and storage of personal data and the nature and purpose of its use
a) When visiting the website
You can in principle use our website without revealing your identity. When you visit our website, the browser used on your device automatically sends infor-mation to the server of our website. This information is temporarily stored in a so-called log file. The following information will be collected without your interven-tion and stored until deletion:
• IP address of the requesting computer,
• Date and time of access,
• Name and URL of the retrieved file,
• Website from which access is made (referrer URL),
• Browser used and, if applicable, the operating system of your computer as well as the name of your access provider.
The data mentioned is processed by us for the following purposes:
• Ensuring smooth connection of the website,
• Ensuring comfortable use of our website,
• Evaluation of system security and stability, and
• For further administrative purposes.
The legal basis for data processing is Art. 6 (1) (f) GDPR. Our legitimate interest follows from the data collection purposes listed above. In no case do we use the collected data for establishing reference to you as a person.
b) When using our contact form and for downloads
For questions of any kind and the possible download of further information, we offer you the opportunity to contact us via a form provided on our website. It is necessary to provide a valid e-mail address so that we know who the request came from and can answer it. In addition, we want to prevent and counteract abuse and damage, in particular through automated procedures (robots). Fur-ther information can be provided voluntarily. It is up to you to decide whether you want to enter this information in the contact form.
Data processing for the purpose of contacting us based on your voluntarily granted consent in accordance with Art. 6 (1) (a) GDPR.
The personal data collected by us for the use of the contact form will be deleted after completion of the request you have made.
c) When ordering through our website shop
You cannot place orders through our website as a guest. Registration in our shop as a customer for the first and for future orders is required. This registration has the ad-vantage for you that in the case of a future order you can log in directly with your e-mail address and your password in our shop without having to enter your contact details again.
Your personal data will be entered in an input mask and transmitted to us and stored. If you place an order via our website, we will first collect the following data upon registration in the shop:
• Company name (we only deliver to businesses)
• Legal form of the company
• Salutation, first name, last name, (of the contact person)
• A valid e-mail address,
• Address, (country, zip code, city, street)
• Telephone number (landline and/or mobile)
• Business type
• Desired payment method for orders
The collection of this data takes place
• To identify you as our customer;
• To process, fulfil and handle your order;
• For correspondence with you;
• For invoicing;
• For the settlement of possible liability claims, as well as the assertion of any claims against you;
• To ensure the technical administration of our website;
• To manage our customer data.
• For validation and fulfilment of youth protection requirements
As part of the ordering process (or registration process), you will be requested to pro-vide your consent to the processing of this data.
The data processing is based on your order and/or registration and is in accordance with Art. 6 (1) (b) GDPR required for the stated purposes for the proper processing of your order and for the mutual fulfilment of obligations arising from the purchase agreement.
The personal data collected by us for the processing of your order will be stored until the expiration of the statutory retention obligation and then deleted, unless we are obliged under Art. 6 (1) (c) GDPR to store for a longer period of time due to tax and commercial requirements for storage and documentation (from the German Com-mercial Code, StGB or AO) or you have consented to further storage in accordance with Art. 6 (1) (1) GDPR.
d) Use of cookies – Only used during visits by registered users
We use cookies on our site exclusively when registering as a registered user. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not harm your device, do not contain viruses, Trojans or other malicious software.
Information is stored in the cookie, which results in connection with the specific ter-minal used. On the one hand, the use of cookies serves to make the use of our website more pleasant for you. However, we also need them in order to be able to optimally design the order process (for example through information such as ses-sion ID, customer number, customer contact information, browser type, articles visit-ed, shopping basket content) or even to carry out orders at all.
The application includes so-called session cookies, to recognise, for example, that you have already visited individual pages on our website. We also use temporary cookies that are stored on your device for a specific period of time. If you visit our site again to take advantage of our services, it automatically recognises that you have already been with us and what inputs and settings you have made in order not to have to re-enter them. The cookies are automatically deleted when logging out; if you do not log out as a registered user, the cookies will persist for a period of 14 days.
The data processed by cookies takes place for the purposes mentioned in order to safeguard our legitimate interests as well as those of third parties according to Art. 6 (1) (f) GDPR.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created. However, disabling cookies completely may mean that you cannot use all features of our website.
3. Disclosure of data
A transfer of your personal data from us to third parties will be done exclusively to the service partners involved in the execution of the contract, such as the logistics company commissioned with the delivery and the bank responsible for payment matters. However, in the case of the disclosure of your personal data to third parties, the scope of the data transmitted is limited to the minimum required.
For the settlement of any direct debit orders (SEPA), we give your payment data within the scope of the payment processing to Kreissparkasse Kusel Gartenstr. 4 66869 Kusel.
As part of the delivery process, the data transfer of the information required for the processing of the delivery (electronically) may be made to: United Parcel Service Deutschland S.á r.l. & Co. OHG, Görlitzer str. 1, 41456 Neuss
A transfer of your personal data to third parties for purposes other than those men-tioned above does not take place.
We will only share your personal data with third parties if:
• You have given your express consent to this pursuant to Art. 6 (1) (a) GDPR;
• The transfer pursuant to Art. 6 (1) (f) GDPR is required to assert, exercise or defend legal claims, and there is no reason to assume that you have a pre-vailing legitimate interest in not disclosing your data;
• There is a legal obligation to disclosure pursuant to Art. 6 (1) (c) GDPR, and
• This is legally permissible and according to Art. 6 (1) (b) GDPR is required for the settlement of contractual relationships with you.
As part of the ordering process, we will obtain your consent to share your data with third parties.
4. Routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or, as the case may be, by the European directives or regulations or by any other legislator in laws or regula-tions which the controller is subject to.
If the storage purpose no longer applies or if a storage period prescribed by the Eu-ropean directives and regulations or any other relevant legislator expires, the per-sonal data will be routinely blocked or deleted in accordance with the statutory pro-visions.
5. Links to third party websites
The links published on our website are researched and compiled with the utmost care. However, we have no influence on the current and future design and content of the linked pages. We are not responsible for the content of the linked pages, and we do not endorse the content of these pages.
For illegal, incorrect or incomplete contents as well as for damage resulting from the use or non-use of the information, the provider of the website to which reference was made is solely liable. The liability of those who only refer to the publication via a link is excluded. We are only responsible for third-party links if we have positive knowledge of them, i.e. also of any illegal or punishable content, and if it is techni-cally possible and reasonable for us to prevent their use.
6. Data security
For security reasons and to protect the transfer of personal data and other confiden-tial content (e.g. orders or inquiries), this website uses SSL or TLS encryption. You can recognise an encrypted connection by the string “https: //” and the lock icon in the browser bar.
7. Rights of data subjects
a) Right to confirmation
Each data subject has the right, as granted by the European Regulatory Authori-ty, to require the controller to confirm whether personal data relating to the data subject is being processed. If a data subject wishes to make use of this confirma-tion right, they can contact our data protection officer or another employee of the controller at any time.
b) Right to information
Each data subject affected by the processing of personal data has the right granted by the European Regulatory Authority to request at any time, free of charge, from the controller any personal data stored about them and to obtain a copy of that data. Furthermore, the European Regulatory Authority has granted the data subject a right to the information about the following:
• The processing purposes;
• The categories of personal data being processed;
• The recipients or categories of recipients to whom the personal data has been disclosed or is yet to be disclosed, in particular to recipients in third countries or to international organisations;
• If possible, the planned 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 rectification or deletion of the personal data con-cerning them, the right to a restriction of the processing by the controller, and a right to object to such processing;
• The existence of a right of appeal to a supervisory authority;
• If the personal data is not collected from the data subject: All available infor-mation about the origin of the data;
• The existence of automated decision-making including profiling under Art. 22 (1) and (4) GDPR and — at least in these cases — meaningful information on the logic involved and the scope and intended impact of such processing on the data subject;
In addition, the data subject has a right to information about whether personal data has been transmitted to a third country or to an international organisation. If that is the case, then the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right to information, they can contact our data protection officer or another employee of the controller at any time.
c) Right to rectification
Each data subject affected by the processing of personal data has the right granted by the European Regulatory Authority to demand the immediate rectifi-cation of inaccurate personal data concerning them. Furthermore, the data sub-ject has the right to request the completion of incomplete personal data, includ-ing by means of a supplementary declaration, taking into account the purposes of the processing.
If a data subject wishes to make use of this right, they can contact our data pro-tection officer or another employee of the controller at any time.
d) Right to deletion (Right to be forgotten)
Each data subject affected by the processing of personal data has the right granted by the European Regulatory Authority to require the controller to imme-diately delete the personal data concerning them, provided that one of the fol-lowing reasons is satisfied and the processing is not required:
• The personal data has been collected for such purposes or otherwise pro-cessed for which it is no longer necessary;
• The data subject withdraws the consent on which the processing was based in accordance with Art. 6 (1) (a) GDPR or Art. 9 (2) (a) GDPR and there is no other legal basis for the processing;
• The data subject objects to the processing in accordance with Art. 21 (1) GDPR, and there are no prevailing legitimate reasons for the processing, or the data subject objects to the processing according to Art. 21 (2) GDPR;
• The personal data was processed unlawfully;
• The deletion of personal data is necessary to fulfil a legal obligation under Union or national law to which the controller is subject;
• The personal data was collected in relation to information society services of-fered pursuant to Art. 8 (1) GDPR.
If any of the above reasons applies and a data subject wishes to effect the dele-tion of personal data stored by the Deutsche Gesellschaft für Datenschutz, it may at any time contact our data protection officer or another employee of the data controller. The data protection officer of the Deutsche Gesellschaft für Datenschutz or another employee will arrange that the request for deletion be fulfilled immediately.
If the personal data was made public by the Deutsche Gesellschaft für Datenschutz and if our company as the controller is responsible for deleting the personal data pursuant to Art. 17 (1) GDPR, the Deutsche Gesellschaft für Datenschutz, taking into account the available technology and the implementa-tion costs, shall take appropriate measures, including those of a technical na-ture, to inform other data controllers processing the published personal data that the data subject has requested these controllers to delete all links to such per-sonal data or copies or replicas of this personal data, as far as the processing is not required. The data protection officer of the Deutsche Gesellschaft für Datenschutz or another employee will arrange the necessary measures in indi-vidual cases.
e) Right to restriction of processing
Each data subject affected by the processing of personal data has the right granted by the European Regulatory Authority to require the controller to restrict the processing of their personal data if one of the following applies:
• The accuracy of the personal data is contested by the data subject for a period of time that enables the controller to verify the accuracy of the personal data;
• The processing is unlawful and the data subject declines deletion of the per-sonal data and instead requests the restriction of the use of personal data;
• The controller no longer needs the personal data for the purposes of pro-cessing, but the data subject requires it to assert, exercise or defend legal claims;
• The data subject has objected to the processing according to Art. 21 (1) GDPR and it is not yet clear whether the legitimate reasons of the controller out-weigh those of the data subject
If one of the above conditions is met and a data subject wishes to request the re-striction of personal data stored by the Deutsche Gesellschaft für Datenschutz, they may at any time contact our data protection officer or another employee of the data controller. The data protection officer of the Deutsche Gesellschaft für Datenschutz or another employee will initiate the restriction of processing.
f) Right to data portability
Each data subject affected by the processing of personal data has the right granted by the European Regulatory Authority to require that the personal data concerning them, which they have provided to the controller, is provided to the data subject in a structured, common and machine-readable format. The data subject also has the right to transfer this data to another controller without hin-drance by the controller to whom the personal data was provided, provided that the processing is based on consent pursuant to Art. 6 (1) (a) GDPR or Art. 9 (1) (2) (a) GDPR or is based on a contract pursuant to Art. 6 (1) (b) GDPR and pro-cessing occurs by means of automated processes, unless the processing is necessary for the performance of a task of public interest or in the exercise of public authority, which has been assigned to the controller.
Furthermore, in exercising their right to data portability under Art. 20 (1) GDPR, the data subject has the right to require that the personal data be transmitted di-rectly from one controller to another, insofar as this is technically feasible and if this does not affect the rights and freedoms of other persons.
In order to assert the right to data portability, the data subject may at any time contact the data protection officer appointed by the Deutsche Gesellschaft für Datenschutz or another employee.
g) Right to objection
Each data subject affected by the processing of personal data has the right granted by the European Regulatory Authority, at any time, for reasons arising from their particular situation, to object to the processing of personal data relating to them pursuant to Art. 6 (1) (e) or (f) GDPR. This also applies to profiling based on these provisions.
In the case of an objection, the Deutsche Gesellschaft für Datenschutz will no longer process the personal data unless we can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves the purpose of asserting, exercising or defending legal claims.
If the Deutsche Gesellschaft für Datenschutz processes personal data in order to operate direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also ap-plies to profiling, as far as it is associated with such direct marketing. If the data subject objects vis-a-vis the Deutsche Gesellschaft für Datenschutz against pro-cessing for the purpose of direct marketing, the Deutsche Gesellschaft für Datenschutz will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from their particular situation, to object to the processing of personal data relating to them for the purposes of scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, unless such processing is necessary to fulfil a task of public interest.
In order to exercise the right to objection, the data subject can directly contact the data protection officer of the Deutsche Gesellschaft für Datenschutz or another employee. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to objection by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Any data subject affected by the processing of their personal data has right as granted by the European Regulatory Authority not to be subject to a decision based solely on automated processing, including profiling, which has a legal ef-fect on the data subject or significantly affects the data subject in similar manner, unless the decision: (1) is necessary for the conclusion or performance of a con-tract between the data subject and the controller; or (2) is permitted by Union or Member State legislation to which the controller is subject, and that legislation provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject; or (3) is taken with the express consent of the data subject.
If the decision (1) is required for the conclusion or performance of a contract be-tween the data subject and the controller, or (2) it takes place with the express consent of the data subject, the Deutsche Gesellschaft für Datenschutz shall take appropriate measures to protect the rights and freedoms and safeguard the legitimate interests of the data subject, including at least the right to obtain the intervention of a person at the controller, the right to express their own position, and the right to contest the decision.
If the data subject wishes to assert their right regarding automated decision mak-ing, they may contact our data protection officer or other data controller at any time.
i) Right to revoke data protection consent previously granted
Each data subject affected by the processing of personal data has the right granted by the European Regulatory Authority to revoke consent to the pro-cessing of their personal data at any time.
If the data subject wishes to assert their right to revoke consent, they may at any time contact our data protection officer or another employee of the controller.
8. Up-to-dateness and amendment of this privacy policy.
This privacy policy is currently valid and has the status of March 2018. The material was created (sources) by RA. A. Gerstel (https://www.anwalt24.de/anwalt/andreas-gerstel), Prof. Dr. Hoeren, University of Münster (https://www.uni-muenster.de/Jura.itm/hoeren/lehre/materialien/ musterdatenschutzerklaerung) and the DGD (https://dg-datenschutz.de/).
Due to the further development of our website and offers due to technical changes or organisational changes or due to changed legal or regulatory requirements, it may be necessary to amend this privacy policy. The current privacy policy can be viewed and printed on from website at any time using the following link:
http://shop.vpsfilm.de/shop_content.php?coID=2
VPS FILM-ENTERTAINMENT GMBH
BOCKHOFSTR. 31
66909 HERSCHWEILER-PETTERSHEIM
Germany
Phone: +49 (0)6383 40 5999-5
Fax: +49 (0)6383 40 5999-9
Email: it@vpsfilm.de