We are very pleased about your interest in our company. Data protection is particularly important to the management of mykinema GmbH. It is generally possible to use the mykinema GmbH website without providing any personal data. However, if a data subject wishes to use our company's special services via our website, 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 generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to mykinema GmbH. By means of this data protection declaration, our company would like to inform the public about the type, scope and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed about the rights to which they are entitled using this data protection declaration.
As the controller, mykinema GmbH has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. However, Internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
The data protection declaration of mykinema GmbH is based on the terms used by the European legislator when issuing the General Data Protection Regulation (GDPR). Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data is any information that relates to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered to be identifiable if he or she 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 special characteristics that express the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
b) affected person
Data subject is any identified or identifiable natural person whose personal data is processed by the data controller.
Processing is any operation or series of operations carried out on personal data, whether or not by automated means, such as the collection, recording, organisation, structuring, storage, adaptation or modification, reading, querying, use, disclosure by transmission, distribution or other form of provision, alignment or association, restriction, deletion or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting their future processing.
Profiling is any type of automated processing of personal data which consists in using these personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, personal Analyze or predict the preferences, interests, reliability, behavior, location or movements of that natural person.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure that the personal data not be assigned to an identified or identifiable natural person.
g) Controller or person responsible for processing
The person responsible or responsible for processing is the natural or legal person, public authority, institution or other body which, alone or jointly with others, decides on the purposes and means of processing personal data. If the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, authority, institution or other body that processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. However, public authorities which may receive personal data in the context of a specific investigative task under Union or Member State law shall not be considered as recipients.
Third party is a natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor and the persons authorized to process the personal data under the direct responsibility of the controller or the processor.
Consent is any voluntary, informed and unambiguous expression of wishes given by the data subject for a specific case, in the form of a statement or other unambiguous confirmatory act, by which the data subject indicates that he or she agrees to the processing of personal data concerning him or her is.
2. Name and address of the person responsible for processing
The person responsible within the meaning of the General Data Protection Regulation, other data protection laws applicable in the member states of the European Union and other provisions of a data protection nature is:
Telefon: +49(0)2269 92901-0
Fax: +49(0)2269 7883
3. Name und Anschrift des Datenschutzbeauftragten
Der Datenschutzbeauftragte des für die Verarbeitung Verantwortlichen ist:
phone: +49(0) 2269 92901-0
Fax: +49(0)2269 7883
Any data subject can contact our data protection officer directly at any time with any questions or suggestions regarding data protection.
The data subject can prevent the setting of cookies through our website at any time by means of an appropriate setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set 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 deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
5. Collection of general data and information
The mykinema GmbH website collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is stored in the server's log files. What can be recorded are the (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrers), (4) the sub-websites which are accessible via an accessing system on our website is controlled, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information that serves to protect against threats in the event of attacks on our information technology systems.
When using this general data and information, mykinema GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website and ( 4) to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by mykinema GmbH both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimal level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.
6. Contact option via the website
Due to legal regulations, the mykinema GmbH website contains information that enables quick electronic contact with our company and direct communication with us, which also includes a general address for so-called electronic mail (e-mail address). If a data subject contacts the person responsible for processing by email or via a contact form, the personal data transmitted by the data subject will be automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
7. 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 purpose of storage or if this is required by the European legislator or another legislator in laws or regulations which the person responsible for processing is subject to.
If the purpose of storage no longer applies or if a storage period prescribed by the European legislator or another responsible legislator expires, the personal data will be stored
8. Rights of the data subject
a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether personal data concerning him or her is being processed. If a data subject would like to exercise this right of confirmation, they can contact an employee of the person responsible for processing at any time.
b) Right to information
Every person affected by the processing of personal data has the right granted by the European legislator to obtain free information from the person responsible for processing at any time about the personal data stored about him and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- 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 organizations
- if possible, the planned period for which the personal data will be stored or, if this is not possible, the criteria for determining that period
- the existence of a right to rectification or deletion of personal data concerning you or to restriction of processing by the controller or a right to object to this processing
- the existence of a right to lodge a complaint with a supervisory authority
- if the personal data is not collected from the data subject: all available information about the origin of the data
- the existence of automated decision-making including profiling in accordance with Article 22 Para. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject. Furthermore, the data subject is entitled to do so a right to information as to whether personal data has been transmitted to a third country or to an international organization. If this is the case, the data subject also has the right to receive information about the appropriate guarantees in connection with the transfer.
If a data subject wishes to exercise this right to information, they can contact an employee of the person responsible for processing at any time.
c) Right to rectification
Every person affected by the processing of personal data has the right granted by the European legislator to request that the person responsible delete the personal data concerning him or her immediately if one of the following reasons applies and if the processing is not necessary:
- The personal data was collected or otherwise processed for purposes for which it is no longer necessary.
- The data subject revokes their consent on which the processing was based in accordance with Article 6 Paragraph 1 Letter a GDPR or Article 9 Paragraph 2 Letter a GDPR and there is no other legal basis for the processing.
- The data subject objects to the processing in accordance with Article 21 (1) of the GDPR and there are no overriding legitimate reasons for the processing, or the data subject objects to the processing in accordance with Article 21 (2) of the GDPR processing.
- The personal data was processed unlawfully.
- The deletion of personal data is necessary to comply with a legal obligation under Union or Member State law to which the controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Article 8 Para. 1 GDPR.
If one of the reasons mentioned above applies and a data subject wishes to have personal data stored by mykinema GmbH deleted, they can contact an employee of the data controller at any time. The employee of mykinema GmbH will ensure that the deletion request is complied with immediately.
If the personal data has been made public by mykinema GmbH and our company, as the person responsible, is obliged to delete the personal data in accordance with Article 17 Para. 1 GDPR, mykinema GmbH will also take appropriate measures, taking into account the available technology and the implementation costs of a technical nature, in order to inform other data controllers who process the published personal data that the data subject requires these other data controllers to delete all links to these personal data or copies or replications of these personal data has requested, provided the processing is not necessary. The mykinema GmbH employee will take the necessary measures in individual cases.
e) Right to restriction of processing
Every person affected by the processing of personal data has the right granted by the European legislator to request that the person responsible restrict the processing if one of the following conditions is met:
- 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, the data subject refuses the deletion of the personal data and instead requests the restriction of the use of the personal data.
- The controller no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has lodged an objection to the processing in accordance with Article 21 Paragraph 1 of the GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh 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 by mykinema GmbH, they can contact an employee of the data controller at any time. The employee of mykinema GmbH will arrange for the processing to be restricted.
f) Right to data portability
Every person affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning him or her, which the data subject has provided to a person responsible, in a structured, common and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that the processing is based on consent in accordance with Article 6 Paragraph 1 Letter a of the GDPR or Article 9 Paragraph 2 letter a GDPR or on a contract in accordance with Article 6 paragraph 1 letter b GDPR and the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority, which has been transferred to the person responsible.
Furthermore, when exercising his or her right to data portability in accordance with Article 20 (1) of the GDPR, the data subject has the right to have the personal data transmitted directly from one person responsible to another person responsible, to the extent that this is technically feasible and provided that This does not affect the rights and freedoms of other people.
To assert the right to data portability, the data subject can contact an employee of mykinema GmbH at any time.
g) Right to object
Every person affected by the processing of personal data has the right granted by the European legislator to object at any time to the processing of personal data concerning him or her on the basis of Article 6 Paragraph 1 Letter e or f GDPR, to lodge an objection. This also applies to profiling based on these provisions.
mykinema GmbH will no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend of legal claims.
If mykinema GmbH processes personal data in order to conduct direct advertising, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected to such direct advertising. If the data subject objects to mykinema GmbH processing for direct advertising purposes, mykinema GmbH will no longer process the personal data for these purposes. In addition, the data subject has the right, for reasons arising from his or her particular situation, to object to the processing of personal data concerning him or her that is carried out by mykinema GmbH for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS- GMOs take place, unless such processing is necessary to fulfill a task carried out in the public interest.
To exercise the right to object, the data subject may contact any employee of mykinema GmbH or another employee directly. Furthermore, in connection with the use of information society services, the data subject is free, notwithstanding Directive 2002/58/EC, to exercise his or her right to object by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Every person affected by the processing of personal data 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 him or her or similarly significantly affects him, provided that the decision (1) is not necessary for entering into 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 that legislation appropriates measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or (3) is carried out with the express consent of the data subject.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, mykinema GmbH shall implement suitable measures to safeguard the rights and freedoms as well as those entitled to protect the interests of the data subject, which includes at least the right to obtain human intervention on the part of the person responsible, to express one's own point of view and to challenge the decision.
If the data subject would like to assert rights with regard to automated decisions, he or she can contact an employee of the data controller at any time.
i) Right to revoke your data protection consent
Every person affected by the processing of personal data has the right granted by the European legislator to revoke consent to the processing of personal data at any time.
If the data subject would like to exercise their right to withdraw consent, they can contact an employee of the data controller at any time.
9. Data protection regulations on the application and use of Facebook
The person responsible for processing has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is a social meeting place operated on the Internet, an online community that usually allows users to communicate with each other and interact in virtual space. A social network can serve as a platform for exchanging opinions and experiences or allows the Internet community to provide personal or company-related information. Facebook allows users of the social network to, among other things, create private profiles, upload photos and network via friend requests.
Facebook's operating company is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. If a data subject lives outside the USA or Canada, the person responsible for processing personal data is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time you access one of the individual pages of this website, which is operated by the controller and into which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the data subject's information technology system is automatically activated by the respective Facebook component causes a representation of the corresponding Facebook component to be downloaded from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/ ?locale=de_DE can be retrieved. As part of this technical process, Facebook becomes aware of which specific subpage of our website is visited by the data subject.
If the data subject is logged in to Facebook at the same time, Facebook recognizes which specific subpage of our website the data subject is visiting each time the data subject visits our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated on our website, such as the “Like” button, or if the data subject makes a comment, Facebook assigns this information to the data subject’s personal Facebook user account and stores this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged in to Facebook at the same time as accessing our website; This takes place regardless of whether the data subject clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook in this way, they can prevent the transmission by logging out of their Facebook account before accessing our website.
The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/can be accessed provides information about the collection, processing and use of personal data by Facebook. It also explains what setting options Facebook offers to protect the privacy of the person concerned. There are also various applications available that make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
10. Data protection regulations on the application and use of Google Analytics (with anonymization function)
The person responsible for processing has integrated the Google Analytics component (with anonymization function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collection and evaluation of data about the behavior of visitors to websites. A web analysis service collects, among other things, data about the website from which a data subject came to a website (so-called referrer), which sub-pages of the website were accessed or how often and for what duration a sub-page was viewed. Web analysis is primarily used to optimize a website and to analyze the cost-benefit of internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA. The person responsible for processing uses the addition “_gat._anonymizeIp” for web analysis via Google Analytics. Using this addition, the IP address of the data subject's Internet connection is shortened and anonymized by Google if our website is accessed from a member state of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze the flow of visitors to our website. Google uses the data and information obtained, among other things, to evaluate the use of our website, to compile online reports for us that show the activities on our website, and to provide other services related to the use of our website.
Google Analytics sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. By setting the cookie, Google is able to analyze the use of our website. Each time you access one of the individual pages of this website, which is operated by the controller and into which a Google Analytics component has been integrated, the Internet browser on the information technology system of the data subject is automatically triggered by the respective Google Analytics component to transmit data to Google for online analysis purposes. As part of this technical process, Google gains knowledge of personal data, such as the IP address of the data subject, which Google uses, among other things, to track the origin of visitors and clicks and subsequently enable commission billing.
The cookie is used to store personal information, such as the access time, the location from which access was made and the frequency of visits to our website by the data subject. Each time you visit our website, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on the personal data collected via the technical process to third parties.
The person concerned can prevent the setting of cookies through our website, as already described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Further information and Google's applicable data protection regulations can be found at https://www.google.de/intl/de/policies /privacy/ and athttp://www.google.com/analytics/terms/de.html can be retrieved. Google Analytics is more detailed under this link https://www.google.com/intl/de_de/analytics/ explained.
11. Data protection regulations on the application and use of YouTube
The person responsible for processing has integrated components from YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips free of charge and allows other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete films and television programs, as well as music videos, trailers or videos made by users can be accessed via the Internet portal.
YouTube's operating company is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA.
Each time you access one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the data subject's information technology system is automatically activated by the respective YouTube component prompted to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found athttps://www.youtube.com/yt/about/de/ become. As part of this technical process, YouTube and Google receive information about which specific subpage of our website is visited by the data subject.
If the data subject is logged in to YouTube at the same time, YouTube recognizes which specific sub-page of our website the data subject is visiting when a subpage that contains a YouTube video is accessed. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.
YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is logged in to YouTube at the same time as accessing our website; This happens regardless of whether the person concerned clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, they can prevent the transmission by logging out of their YouTube account before accessing our website.
The data protection regulations published by YouTube, which are available at https://www.google.de/intl/de/policies/privacy / are available to provide information about the collection, processing and use of personal data by YouTube and Google.
12. Data protection regulations on the application and use of Shopify
This website uses Shopify, an e-commerce platform, and several tools provided by Shopify. For more information about how Shopify handles customer data, visit https://www.shopify.com/legal/privacy/customers
13. Legal basis for processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations in which 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, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations, the processing is based on Art. 6 I lit. 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 were injured in our company and his name, age, health insurance details or other vital information would then have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the above-mentioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, he was of the opinion that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
14. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
15. Duration for which the personal data is stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After the deadline has expired, the relevant data will be routinely deleted unless it is no longer required to fulfill the contract or initiate a contract.
16. Legal or contractual requirements for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of non-provision
We would like to clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). In order to conclude a contract, it may sometimes be necessary for a data subject to provide us with personal data, which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is 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.
17. Existence of automated decision making
As a responsible company, we do not use automatic decision-making or profiling.
This data protection declaration was created by the data protection declaration generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as external data protection officer in Aschaffenburg, in cooperation with the lawyer for IT and data protection law Christian Solmecke.