Privacy policy

1) Introduction and contact details of the responsible person

1.1 We are pleased that you are visiting our website and thank you for your interest. In the following, we inform you about the handling of your personal data when using our website. Personal data is any data with which you can be personally identified.

1.2 The controller of data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is Jan Dober, Zauberkunst & Erzählungen, Horstweg 3, 14059 Berlin, Germany, Tel.: 015780583019, e-mail: mail@jan-dober.de. The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.

1.3 For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible), this website uses an SSL or SSL protocol. TLS encryption. You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser bar.

2) Data collection when visiting our website

During the mere informational use of our website, i.e. if you do not register or otherwise transmit information to us, we only collect such data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you:

  • Our visited website
  • Date and time at the time of access
  • Amount of data sent in bytes
  • Source/reference from which you reached the page
  • Browser used
  • Operating system used
  • IP address used (if applicable: in anonymized form)

The processing is carried out in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are concrete indications of illegal use.

3) Cookies

To make your visit to our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your terminal device. In some cases, these cookies are automatically deleted after the browser is closed (so-called “session cookies”), in other cases, these cookies remain on your terminal device for longer and allow page settings to be saved (so-called “persistent cookies”). In the latter case, you can find the storage period in the overview of the cookie settings of your web browser.
If personal data are also processed by individual cookies used by us, the processing is carried out in accordance with Art. 6 para. 1 lit. b DSGVO either for the execution of the contract, according to Art. 6 para. 1 lit. a DSGVO in the case of granted consent or pursuant to Art. 6 para. 1 lit. f DSGVO to protect our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the site visit.
You can set your browser in such a way that you are informed about the setting of cookies and can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.
Please note that if you do not accept cookies, the functionality of our website may be limited.

4) Contacting

4.1 Own function for making appointments online
We process your personal data within the framework of the online appointment arrangement provided. You can see which data we collect for online appointment scheduling from the respective input form or the appointment request for appointment scheduling. If certain data is required in order to make an online appointment, we will indicate this accordingly in the entry form or when requesting an appointment. If we provide you with a free text field in the input form, you can describe your request in more detail there. You can then also control which additional data you want to enter. The data you provide will be stored and used exclusively for the purpose of making an appointment. When processing personal data that is necessary for the performance of a contract with you (this also applies to processing operations that are necessary for the performance of pre-contractual measures), Art. 6 para. 1 lit. b DSGVO as the legal basis. If you have given us your consent for the processing of your data, the processing is based on Art. 6 para. 1 lit. a GDPR. Consent given can be revoked at any time by sending a message to the responsible person named at the beginning of this declaration.

4.2 When contacting us (e.g. via contact form or e-mail), personal data is processed exclusively for the purpose of processing and responding to your request and only to the extent necessary for this purpose. The legal basis for the processing of this data is our legitimate interest in responding to your request pursuant to Art. 6 para. 1 lit. f GDPR. If your contact is aimed at a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. Your data will be deleted when it is clear from the circumstances that the matter in question has been conclusively clarified and provided that there are no statutory retention obligations to the contrary.

4.3 WhatsApp Business

We offer visitors to our website the opportunity to contact us via the messaging service WhatsApp provided by WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. For this purpose, we use the so-called “business version” of WhatsApp.

If you contact us via WhatsApp on the occasion of a specific transaction (for example, an order placed), we store and use the mobile phone number you use on WhatsApp as well as – if provided – your first and last name in accordance with Art. 6 para. 1 lit. b. DSGVO to process and respond to your request. On the basis of the same legal basis, we may ask you via WhatsApp to provide further data (order number, customer number, address or e-mail address) in order to be able to assign your request to a specific transaction.

If you use our WhatsApp contact for general inquiries (such as about the range of services, availability or our website), we store and use the mobile phone number you use on WhatsApp and – if provided – your first name and surname in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in the efficient and timely provision of the requested information.

Your data will only ever be used to respond to your request via WhatsApp. A transfer to third parties does not take place.

Please note that WhatsApp Business obtains access to the address book of the mobile device we use for this purpose and automatically transfers phone numbers stored in the address book to a server of the parent company Meta Platforms Inc. in the USA. To operate our WhatsApp business account, we use a mobile device whose address book only stores the WhatsApp contact data of those users who have also contacted us via WhatsApp.

This ensures that each person whose WhatsApp contact data is stored in our address book already consents to the transmission of his WhatsApp telephone number from the address books of his chat contacts when using the app on his device for the first time by accepting the WhatsApp terms of use in accordance with Art. 6 (2). 1 lit. a DSGVO has consented. A transmission of data of such users who do not use WhatsApp and/or have not contacted us via WhatsApp is excluded in this respect.

For the purpose and scope of the data collection and the further processing and use of the data by WhatsApp, as well as your rights in this regard and setting options for protecting your privacy, please refer to WhatsApp’s privacy policy: https://www.whatsapp.com/legal/?eea=1#privacy-policy

5) Data processing when opening a customer account

According to Art. 6 para. 1 lit. b DSGVO, personal data will continue to be collected and processed to the extent necessary in each case if you provide it to us when opening a customer account. The data required for opening an account can be found in the input mask of the corresponding form on our website. Deletion of your customer account is possible at any time and can be done by sending a message to the above address of the responsible person. After deletion of your customer account, your data will be deleted, provided that all contracts concluded via it have been fully processed, no legal retention periods are opposed and no legitimate interest on our part in the continued storage exists.

6) Comment function

In the context of the comment function on this website, in addition to your comment, information on the time of the creation of the comment and the commentator name you have chosen will be stored and published on this website. Furthermore, your IP address is stored for security reasons, in order to enable an assignment to the author in case of illegal comments. Your e-mail address will be stored for the purpose of contacting you in the event that a third party objects to your published content as being illegal.

The follow-up comments can be subscribed by you as a user. For this purpose, you will receive a confirmation e-mail to ensure that you are the owner of the specified e-mail address (double opt-in procedure). The legal basis for data processing in the case of subscription to comments is Art. 6 para. 1 lit. a GDPR. You can unsubscribe from ongoing comment subscriptions at any time with effect for the future. For more information on how to unsubscribe, please refer to the confirmation email.

7) Use of customer data for direct advertising

Subscribe to our e-mail newsletter

If you subscribe to our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. For the newsletter dispatch, we use the so-called double opt-in procedure, which ensures that you will only receive newsletters if you have expressly confirmed your consent to receive the newsletter by clicking on a verification link sent to the specified e-mail address.

By activating the confirmation link, you give us your consent for the use of your personal data in accordance with Art. 6 para. 1 lit. a GDPR. We store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration in order to be able to track any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter is used strictly for the intended purpose. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data or we reserve the right to use your data for any other purpose that is permitted by law and about which we inform you in this declaration.

8) Data processing for order processing

8.1 As far as necessary for the execution of the contract for delivery and payment purposes, the personal data collected by us will be processed in accordance with Art. 6 para. 1 lit. b DSGVO to the contracted transport company and the contracted credit institution.

Insofar as we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data (name, address, e-mail address) provided by you when placing the order in order to inform you within the scope of our statutory information obligations pursuant to Art. 6 Para. 1 lit. c DSGVO by appropriate means of communication (e.g. by mail or e-mail) about upcoming updates in person within the period provided for by law. Your contact data will be used strictly for the purpose of notifying you of updates owed by us and will be processed by us for this purpose only insofar as this is necessary for the respective information.

In order to process your order, we also work together with the following service provider(s), who support us in whole or in part in the execution of concluded contracts. Certain personal data is transferred to these service providers in accordance with the following information.

8.2 Use of payment service providers (payment services)

– Paypal
In case of payment via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) within the framework of the payment processing. The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for payment processing.
PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “purchase on account” or “installment payment” via PayPal. For this purpose, your payment data may be processed in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of PayPal’s legitimate interest in determining your ability to pay. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding whether to provide the respective payment method. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. For further information on data protection, including information on the credit agencies used, please refer to PayPal’s data protection statement: https://www.paypal.com/de/webapps/mpp/ua/privacy-full
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
– Paypal Checkout
This website uses PayPal Checkout, an online payment system from PayPal, which consists of PayPal’s own payment methods and local third-party payment methods.
When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered – “Pay Later” via PayPal, we pass on your payment data to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”) as part of the payment processing. The transfer takes place in accordance with Art. 6 para. 1 lit. b DSGVO and only insofar as this is necessary for payment processing.
PayPal reserves the right to conduct a credit check for the payment methods credit card via PayPal, direct debit via PayPal or – if offered – “pay later” via PayPal. For this purpose, your payment data may be processed in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of PayPal’s legitimate interest in determining your ability to pay. PayPal uses the result of the credit check in terms of the statistical probability of non-payment for the purpose of deciding whether to provide the respective payment method. The credit report may contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they have their basis in a scientifically recognized mathematical-statistical procedure. The calculation of the score values includes, but is not limited to, address data. You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for the contractual processing of payments.
If you select the PayPal payment method “purchase on account”, your payment data will first be transmitted to PayPal in preparation for the payment, whereupon PayPal will forward them to Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin (“Ratepay”) for the execution of the payment. The legal basis in each case is Art. 6 para. 1 lit. b GDPR. In this case, RatePay carries out an identity and credit check on its own behalf to determine solvency in accordance with the principle already mentioned above and discloses your payment data on the basis of the legitimate interest in determining solvency pursuant to Art. 6 para. 1 lit. f DSGVO to credit agencies. A list of the credit agencies that Ratepay can rely on can be found here: https://www.ratepay.com/legal-payment-creditagencies/
When using the payment method of a local third party provider, your payment data will first be used to prepare the payment in accordance with Art. 6 para. 1 lit. b DSGVO passed on to PayPal. Depending on your selection of an available local payment method, PayPal will then transmit your payment data for the execution of the payment pursuant to Art. 6 para. 1 lit. b DSGVO to the corresponding provider:
– Sofort (SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany)
– iDeal (Currence Holding BV, Beethovenstraat 300 Amsterdam, The Netherlands)
– giropay (Paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main
– bancontact (Bancontact Payconiq Company, Rue d’Arlon 82, 1040 Brussels, Belgium)
– blik (Polski Standard Płatności sp. z o.o., ul. Czerniakowska 87A, 00-718 Warsaw, Poland).
– eps (PSA Payment Services Austria GmbH, Handelskai 92, Gate 2
1200 Vienna, Austria)
– MyBank (PRETA S.A.S, 40 Rue de Courcelles, F-75008 Paris, France)
– Przelewy24 (PayPro SA, Kanclerska 15A, 60-326 Poznań, Poland)
For further information on data protection, please refer to PayPal’s privacy policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full

8.3 Electronic termination option for continuing obligations with consumers

Consumers who have entered into contracts for continuing obligations subject to payment (such as subscription contracts) on this website have the option of terminating them via an electronic button in accordance with the applicable notice periods. Pressing the button leads to a confirmation page on which the consumer can provide more detailed information on the termination, clearly identify himself and subsequently declare his termination electronically. The collection of personal data and its transmission to us is carried out in accordance with Art. 6 para. 1 lit. b DSGVO and only to the extent that they are necessary for the proper processing of the termination. Also on the basis of Art. 6 para. 1 lit. b DSGVO, the personal data provided will be used to confirm receipt of the termination declaration and the termination date electronically in text form. Further legal basis for the processing is Art. 6 para. 1 lit. c GDPR. We are legally obligated to provide an electronic termination option for consumer contracts concluded via electronic commerce for continuing obligations subject to payment.

9) Page functionalities

– Google Meet
We use the “Google Meet ” service of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (hereinafter “Google Meet”) to conduct online meetings, video conferences and/or webinars.
In the case of the use of Google Meet, different data are processed. The scope of the data processed depends on the data you provide before or during participation in an online meeting, video conference or webinar. As part of the use of Google Meet, data of the communication participants is processed and stored on Google servers. This data may include, in particular, your login data (name, email address, phone (optional) and password) and meeting data (subject, participant IP address, device information, description (optional)). Furthermore, visual and auditory contributions of the participants as well as voice inputs in chats can be processed. This may also result in a transmission to the servers of Google LLC. come in the USA.
When processing personal data that is necessary for the performance of a contract with you (this also applies to processing operations that are necessary for the performance of pre-contractual measures), Art. 6 para. 1 lit. b DSGVO as the legal basis. If you have given us your consent for the processing of your data, the processing is based on Art. 6 para. 1 lit. a GDPR. Consent given can be revoked at any time with effect for the future.
Furthermore, the legal basis for data processing when conducting online meetings, videoconferences or webinars is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in the effective implementation of the online meeting, webinar or video conference. For more information about Google Meet’s use of data, please see Google’s privacy policy at https://www.google.de/policies/privacy/.
– Zoom
We use the “Zoom” service provided by Zoom Video Communications Inc, 55 Almaden Blvd, Suite 600, San Jose, CA 95113, USA (hereinafter “Zoom”) to conduct online meetings, video conferences and/or webinars.
In case of using Zoom, different data are processed. The scope of the data processed depends on the data you provide before or during participation in an online meeting, video conference or webinar. In the course of using Zoom, data of communication participants is processed and stored on Zoom servers. This data may include, in particular, your login data (name, email address, phone (optional) and password) and meeting data (subject, participant IP address, device information, description (optional)). Furthermore, visual and auditory contributions of the participants as well as voice inputs in chats can be processed.
When processing personal data that is necessary for the performance of a contract with you (this also applies to processing operations that are necessary for the performance of pre-contractual measures), Art. 6 para. 1 lit. b DSGVO as the legal basis. If you have given us your consent for the processing of your data, the processing is based on Art. 6 para. 1 lit. a GDPR. Consent given can be revoked at any time with effect for the future.
Furthermore, the legal basis for data processing when conducting online meetings, videoconferences or webinars is our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR in the effective implementation of the online meeting, webinar or video conference. For more information about Zoom’s use of data, please see Zoom’s privacy policy at https://zoom.us/docs/de-de/privacy-and-legal.html.

10) Tools and other

Cookie Consent Tool

This website uses a so-called “cookie consent tool” to obtain effective user consent for cookies and cookie-based applications that require consent. The “Cookie Consent Tool” is displayed to users on page access in the form of an interactive user interface on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box. By using the tool, all cookies/services that require consent are only loaded if the respective user gives the corresponding consent by ticking the corresponding box. This ensures that such cookies are only set on the respective end device of the user if consent has been granted.
The tool sets technically necessary cookies to store your cookie preferences. Personal user data is generally not processed in this context.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 para. 1 lit. f DSGVO on the basis of our legitimate interest in a legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Further legal basis for the processing is furthermore Art. 6 para. 1 lit. c GDPR. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
We have concluded an order processing agreement with the provider, which ensures the protection of our site visitors’ data and prohibits unauthorized disclosure to third parties.
You can find more information about the operator and the setting options of the cookie consent tool directly in the corresponding user interface on our website.

11) Rights of the data subject

11.1 The applicable data protection law grants you the following data subject rights (rights of access and intervention) vis-à-vis the controller with regard to the processing of your personal data, whereby reference is made to the stated legal basis for the respective exercise prerequisites:

  • Right to information according to Art. 15 DSGVO;
  • Right to rectification pursuant to Art. 16 DSGVO;
  • Right to erasure pursuant to Art. 17 DSGVO;
  • Right to restriction of processing pursuant to Art. 18 DSGVO;
  • Right to information pursuant to Art. 19 GDPR;
  • Right to data portability according to Art. 20 DSGVO;
  • Right to revoke consent given in accordance with Art. 7 para. 3 GDPR;
  • Right to lodge a complaint pursuant to Art. 77 GDPR.

11.2 RIGHT OF OBJECTION

IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE AT ANY TIME ON GROUNDS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF WE PROCESS YOUR PERSONAL DATA FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR SUCH MARKETING. YOU CAN EXERCISE THE OBJECTION AS DESCRIBED ABOVE.

IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

12) Duration of the storage of personal data

The duration of the storage of personal data is determined on the basis of the respective legal basis, the purpose of processing and – if relevant – additionally on the basis of the respective statutory retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of explicit consent pursuant to Art. 6 para. 1 lit. a DSGVO, this data is stored until the data subject revokes his/her consent.

If there are legal retention periods for data that are required in the context of legal transactions or obligations similar to legal transactions on the basis of Art. 6 Para. 1 lit. b DSGVO, this data is routinely deleted after expiry of the retention periods, provided that it is no longer required for the fulfillment of the contract or the initiation of the contract and/or there is no legitimate interest on our part to continue storing it.

When processing personal data on the basis of Art. 6 para. 1 lit. f DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21 Para. 1 DSGVO, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

When processing personal data for the purpose of direct marketing on the basis of Art. 6 para. 1 lit. f DSGVO, this data is stored until the data subject exercises his or her right to object pursuant to Art. 21 Para. 2 GDPR exercises.

Unless otherwise stated in the other information in this statement about specific processing situations, stored personal data will otherwise be deleted when it is no longer necessary for the purposes for which it was collected or otherwise processed.

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