Data protection
Security and protection of your personal data
We consider it our primary responsibility to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. Therefore, we apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.
As a private company, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the regulations of the German Federal Data Protection Act (BDSG). We have implemented technical and organizational measures to ensure that data protection regulations are observed by both us and our external service providers.
With the following information, we would like to provide you, as a "data subject," with an overview of how we process your personal data and your rights under data protection laws. In principle, you can use our website without providing any personal data. However, if you wish to use special services offered by our company via our website, the processing of personal data may become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.
1. Name and contact details of the controller, pursuant to Article 4(7) GDPR
Elke Westhöfer
Hroznatov 164
350 02 Cheb/Czech Republic
Management: Elke Westhöfer
T +0177 – 562 46 66
E: mail(at)elke-westhoefer.art
2. Data Protection Officer
Please contact us with any questions or requests regarding the protection of your data by mail or email at the address mentioned above.
3. General information on data processing
3.1 Scope of processing personal data
We generally process our users' personal data only to the extent necessary for providing a functional website and our content and services. The processing of our users' personal data regularly only occurs with the user's consent. An exception applies in cases where obtaining prior consent is not possible for practical reasons and the processing of the data is permitted by law.
3.2 Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing operations involving personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
When processing personal data necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing operations necessary for carrying out pre-contractual measures.
Where the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis.
In the event that the processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR serves as the legal basis.
If processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, and the interests or fundamental rights and freedoms of the data subject do not override those interests, then Article 6(1)(f) GDPR serves as the legal basis for the processing.
3.3 Data deletion and storage period
The personal data of the data subject will be erased or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this is provided for by European or national legislation in EU regulations, laws, or other provisions to which the controller is subject. Data will also be blocked or erased when a storage period prescribed by the aforementioned regulations expires, unless further storage of the data is necessary for the conclusion or performance of a contract.
4. Purpose of data processing
How do we collect your data?
Your data is collected, firstly, because you provide it to us. This could include, for example, data that you send us via email.
Other data is automatically collected by our IT systems when you visit the website. This is primarily technical data (e.g., internet browser, operating system, or time of page access). This data is collected automatically as soon as you access our website. You can find more information about this below under “Server Log Files” and “Cookies”.
For what purpose do we use your data?
We use personal data solely for the purpose of operating the website. The purpose of data processing is to process and respond to your inquiry and request. This is based on Article 6 Paragraph 1 a) and Article 7 GDPR (consent).
Log files and cookies are collected to ensure the error-free provision of the website, in accordance with Art. 6 para. 1 f) GDPR.
5. Information on data collection on our website
5.1 SSL encryption
Please note that data transmission over the internet (e.g., when communicating via email) can have security vulnerabilities. Complete protection of data against access by third parties is not possible. To protect the content of your inquiry via email or contact forms, we use SSL encryption.
You can recognize an encrypted connection by the fact that the browser's address bar changes from “http://” to “https://” and by the lock symbol in your browser bar.
When SSL encryption is enabled, the data you send to us cannot be read by third parties.
5.2 Hosting
The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services, which we use for the purpose of operating the website.
In this process, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, prospective customers and visitors to this website on the basis of our legitimate interests in the efficient and secure provision of our website pursuant to Art. 6 para. 1 sentence 1 f) GDPR in conjunction with Art. 28 GDPR.
5.3 Provision of the website and creation of log files
When you use our website for purely informational purposes, i.e., if you do not register or otherwise provide us with information, we only collect the personal data that your browser automatically transmits to our server. If you wish to view our website, we collect the following data, which is technically necessary for us to display our website to you and to ensure its stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f GDPR):
IP address
Information about the browser type and version used
Date and time of access
Content of the request (specific page)
Access status/HTTP status code
each data volume transferred
Website from which the request originates
We therefore use this collected data and information for statistical analysis and to improve data protection and data security within our company, ultimately ensuring an optimal level of protection for the personal data we process. The server log file data is stored separately from any personal data provided by a data subject and is automatically deleted after 7 days. The legal basis for this data processing is Article 6(1)(f) GDPR. Our legitimate interest arises from the purposes of data collection listed above.
5.4 Use of cookies
Our website does not use cookies. Cookies are text files that are stored in or by the internet browser on the user's computer system. When a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that enables the browser to be uniquely identified when the website is visited again.
Most browsers accept cookies automatically. However, you can configure your browser to prevent cookies from being stored on your computer or to always display a notification before a new cookie is created. Completely disabling cookies may prevent you from using all the features of a website.
5.5 Email Contact
When you contact us by email, the data you provide will be stored by us in order to answer your questions and process your request. The data will be used exclusively for processing the conversation.
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR.
The data will be deleted as soon as it is no longer needed for the purpose for which it was collected. The user has the right to withdraw their consent to the processing of their personal data at any time. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. All personal data stored during the contact process will be deleted in this case.
5.6 Order processing
We have concluded a data processing agreement with our provider, service providers with whom we work and our customers, and we fully implement the requirements of the German data protection authorities.
5.7 Further
5.7.1 Children
Our services are generally intended for adults. Individuals under 18 years of age should not submit any personal data to us without the consent of their parents or legal guardians.
5.7.2 Data security
We make every effort to ensure the security of your data within the framework of applicable data protection laws and technical possibilities.
Your personal data is transmitted to us in encrypted form. This applies to your orders and also to the customer login. We use the SSL (Secure Socket Layer) encryption system; however, we would like to point out that data transmission on the internet (e.g., when communicating via email) can have security vulnerabilities. Complete protection of data against access by third parties is not possible.
To protect your data, we maintain technical and organizational security measures in accordance with Article 32 GDPR, which we continually adapt to the state of the art.
We also do not guarantee that our service will be available at specific times; disruptions, interruptions, or outages cannot be ruled out. The servers we use are regularly and carefully backed up.
No data will be shared with third parties; no data will be transferred to non-EU countries.
As a general rule, we only use your personal data within our company.
If and to the extent that we involve third parties in the performance of contracts (such as logistics service providers), these third parties will only receive personal data to the extent that the transfer is necessary for the respective service.
In the event that we outsource certain parts of data processing („contract processing“), we contractually oblige processors to use personal data only in accordance with the requirements of data protection laws and to guarantee the protection of the rights of the data subject.
Data will not be transferred to entities or persons outside the EU, except as described in point 4 of this declaration, and no such transfer is planned.
6. Rights of the data subject
Under applicable laws, you have various rights regarding your personal data. If you wish to exercise these rights, please send your request by email or post to the address specified in section 1, clearly identifying yourself.
Below you will find an overview of your rights.
6.1 Revocation of consent
If the processing of your personal data is based on your consent, you have the right to withdraw that consent at any time. Withdrawing your consent does not affect the lawfulness of processing based on consent before its withdrawal. You can contact us at any time to exercise your right to withdraw consent.
6.2 Right to confirmation
You have the right to request confirmation from the data controller as to whether we process personal data concerning you. You can request this confirmation at any time using the contact details provided above.
6.3 Right to Information
If personal data is processed, you can request information about this personal data and the following information at any time:
– the processing purposes;
– the categories of personal data that are 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;
– where possible, the planned duration for which the personal data will be stored, or, if this is not possible, the criteria used to determine that duration;
– the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
– the existence of a right to lodge a complaint with a supervisory authority;
– if the personal data are not collected from the data subject, all available information about the source of the data;
– the existence of automated decision-making, including profiling, pursuant to Article 22 paragraphs 1 and 4 GDPR and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
If personal data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. We will provide a copy of the personal data undergoing processing. For any further copies you request, we may charge a reasonable fee based on administrative costs. If you make the request electronically, the information will be provided in a commonly used electronic format, unless you specify otherwise. The right to obtain a copy pursuant to paragraph 3 must not adversely affect the rights and freedoms of others.
6.4 Right to rectification
You have the right to request that we immediately correct any inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by means of a supplementary statement.
6.5 Right to erasure („right to be forgotten“)
You have the right to request that the controller erase personal data concerning you without undue delay, and we are obliged to erase personal data without undue delay where one of the following grounds applies:
– The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
– The data subject withdraws their consent on which the processing was based according to Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
– The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR.
– The personal data was processed unlawfully.
– The erasure of personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
– The personal data were collected in relation to information society services offered in accordance with Article 8 paragraph 1 GDPR.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase them, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copies or replications of, those personal data.
The right to erasure („right to be forgotten“) does not apply to the extent that processing is necessary:
– to exercise the right to freedom of expression and information;
– to comply with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in the controller;
– for reasons of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) GDPR;
– for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing, or
– for the assertion, exercise or defense of legal claims.
6.6 Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if one of the following conditions 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 the restriction of its use instead;
– the controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise or defence of legal claims, or
– the data subject has objected to the processing pursuant to Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override those of the data subject.
If processing has been restricted in accordance with the above-mentioned conditions, these personal data – apart from being stored – will only be processed with the consent of the data subject or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
To exercise the right to restrict processing, the data subject can contact us at any time using the contact details provided above.
6.7 Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, provided that:
– the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) or on a contract pursuant to Article 6(1)(b) GDPR and
– processing is carried out using automated procedures.
When exercising your right to data portability pursuant to paragraph 1, you have the right to have your personal data transmitted directly from one controller to another, where technically feasible. The exercise of the right to data portability is without prejudice to the right to erasure („right to be forgotten“). This right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
6.8 Right to object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions. The controller will no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the purpose of establishing, exercising or defending legal claims.
If personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
In connection with the use of information society services, notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.
You can exercise your right to object at any time by contacting the relevant data controller.
6.9 Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:
– is necessary for the conclusion or performance of a contract between the data subject and the controller,
– is permitted under Union or Member State law to which the controller is subject and which contains appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject or
– with the explicit consent of the person concerned.
The controller shall implement appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
The data subject may exercise this right at any time by contacting the relevant data controller.
7. Definitions
The law requires that personal data be processed lawfully, fairly, and in a transparent manner in relation to the data subject („lawfulness, fairness, and transparency“). To ensure this, we inform you about the individual legal definitions that are also used in this privacy policy:
7.1 Personal data
„Personal data“ means any information relating to an identified or identifiable natural person (hereinafter referred to as „data subject“); an identifiable natural person is one who 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.
7.2 Processing
„Processing“ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
7.3 Restriction of processing
„Restriction of processing“ is the marking of stored personal data with the aim of limiting its future processing.
7.4 Profiling
„Profiling“ means any type of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
7.5 Pseudonymization
„Pseudonymisation“ means the processing of personal data in such a manner 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 organisational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person.
7.6 File system
„Filing system“ means any structured collection of personal data which is accessible according to specific criteria, regardless of whether this collection is maintained centrally, decentrally or according to functional or geographical considerations.
7.7 Responsible person
„Controller“ means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its designation may be provided for by Union or Member State law.
7.8 Data processors
„Processor“ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
7.9 Recipients
„Recipient“ means a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
7.10 Third
„Third party“ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
7.11 Consent
„Consent“ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
7.12 Lawfulness of processing
The processing of personal data is only lawful if there is a legal basis for the processing. According to Article 6(1)(a) to (f) GDPR, the legal basis for processing may be, in particular:
The data subject has given consent to the processing of their personal data for one or more specific purposes;
The processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract;
The processing is necessary for compliance with a legal obligation to which the controller is subject;
The processing is necessary to protect the vital interests of the data subject or of another natural person;
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;
The processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.