Privacy Policy

We are glad that you have shown interest in our company. Data protection has a particularly high value for the management of the Photobook Technology group of companies. A use of the Internet pages of the Photobook Technology group of companies is basically possible without any indication of personal data. However, if a data subject wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent from the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject is always carried out in accordance with the basic data protection regulation and in
accordance with the country-specific data protection regulations applicable to the Photobook Technology group of companies. Through this privacy statement, our company wishes to inform the general public about the nature, scope and purpose of the personal data we collect, use and process. In addition, this privacy policy will inform individuals about their rights.

The Photobook Technology group of companies has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that an absolute protection cannot be guaranteed. Therefore, each data subject is free to transmit personal data to us by alternative means, such as telephone.

1. Definitions

The data protection declaration of the Photobook Technology group of companies is based on the terms used by the European directive and regulation giver when the data protection basic regulation (DS-GVO) was issued. Our privacy policy should be easy to read and understand for the general public as well as for our customers and business partners. In order to guarantee this, we would like to explain the terms used in advance.

We use the following terms in this data protection declaration, among others:

a)    Personal data

Personal data means any information relating to an identified or identifiable natural person (hereinafter "data subject"). A natural person shall be considered identifiable if he 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

b)    Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

c)    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.

d)    Restriction of processing

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

e)    Profiling

Profiling means any form 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 analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.

f)     Pseudonymization

Pseudonymisation is the processing of personal data in such manner that the personal data can no longer be attributed to a specific data subject without the provision of additional information, provided
that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural
person.

g)    Controller or controller responsible for the processing

Controller or controller responsible for the processing is the 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 nomination may be provided for by Union or Member State law.

h)    Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

i)      Recipient

The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive
personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.

j)      Third party

Third party is 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.

k)    Consent

Consent of the data subject is 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.

2. Name and address of the controller

The controller responsible within the meaning of the Basic 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 the Data Protection Commissioner:

Photobook Technology group of companies consists of:

Photobook Technology PBT sagl

Via Angelo Maspoli 21

CH-6850 Mendrisio

T. +41 91 646 7930

E-Mail: info@photobook-technology.com

Website: www.photobook-technology.com

Photobook Technology Service GmbH

Steinbergstraße 3

DE-04288 Leipzig - Holzhausen

T. +49 34297 919 709

E-Mail: service@photobook-technology.com

3. Collection of general data and information (cookies)

The Photobook Technology Group website collects a series of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the log files of the server. It is possible to record (1) the types and versions of browsers 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-sites accessed via an accessing system on our website, (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 used to avert dangers in the event of attacks on our information technology systems.

When using this general data and information, the Photobook Technology group of companies does not draw any conclusions about the data subject. This information is needed (1) to correctly deliver the content of our website, (2) to optimize the content and advertising of our website, (3) to 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 law enforcement in the event of a cyber-attack. This anonymously collected data and information is therefore evaluated by the Photobook Technology group of companies both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by the data subject.

4. Possibility of contact via the website

The website of the Photobook Technology group of companies contains, in accordance with legal regulations, information that enables rapid electronic contact with our company as well as direct
communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily 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.

5. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

6. Rights of the data subject

a)    Right of confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself or herself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

b)    Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information.
Furthermore, the European directives and regulations grant the data subject access to the following information:

The purposes of this processing

The categories of the data subject
The recipients or categories of recipients to whom the personal data have been disclosed or will be disclosed, in particular, in the case of recipients in third countries or international organisations, the
envisaged duration for which the personal data will be stored, if possible, or, if that is not possible, the criteria for determining that duration, the existence of a right to rectify or erase the personal data relating to them or to limit the processing carried out by the controller or to object to such processing, the existence of a right of appeal to a supervisory authority if the personal data have been disclosed or will be disclosed.

Data is not collected from the data subject: All available information on the origin of the data, the existence of automated decision making including profiling pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject, as well as a right of access to information on whether personal data have been transferred to a third country or to an international organisation.

If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.

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

c)    Right of rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into
account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

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

d)    Right of erasure (right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and which are subject to one of the following conditions and to the extent that the processing is not necessary:

The personal data have been collected for such purposes or processed in any other way for which they are no longer necessary. The data subject withdraws consent to which the processing is based
according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

Personal data have been processed unlawfully.

The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the above reasons applies and a data subject wishes to have personal data stored by the Photobook Technology group of companies deleted, he or she can contact an employee of the controller at any time. An employee of the Photobook Technology group of companies will arrange for the request for deletion to be complied with immediately.

If the personal data have been made public by the Photobook Technology group of companies and if our company as the responsible party is obliged to delete the personal data in accordance with the Article 17(1) of the GDPR, the Photobook Technology group of companies shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform other persons responsible for data processing who process the published personal data that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not required. The employee of the Photobook Technology group of companies will take the necessary steps in individual cases.

e)    Right of restriction of processing

Each data subject has the right granted by the European legislator and regulation to request the controller to limit 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 of time which allows the
data controller to verify the accuracy of the personal data.

The processing is unlawful, the data subject refuses the erasure of the personal data and requests instead the restriction of their use.

The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal claims.

The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored by the Photobook Technology group of companies, he or she can contact an
employee of the controller at any time. The employee of the Photobook Technology group of companies will initiate the restriction of the processing.

f)     Right to data transferability

Each data subject involved in the processing of personal data has the right granted by the European legislator to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format.

He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data transferability pursuant to Article 20(1) of the GDPR, data subject shall have the right to have personal data transmitted directly from one controller to
another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data transferability, the data subject can contact an employee of the Photobook Technology group of companies at any time.

g)    Right to object

Each data subject shall have the right granted by the European directive and regulation maker to object at any time, for reasons related to his or her particular situation, to the processing of personal data concerning him or her on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.

The Photobook Technology group of companies will no longer process the personal data in the event of objection, unless we can prove compelling reasons for the processing worthy of protection which
outweigh the interests, rights and freedoms of the data subject, or the processing serves the assertion, exercise or defence of legal claims.

If the Photobook Technology Group 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 as far as it is connected with such direct advertising. If the data subject objects to the processing for direct advertising purposes by the Photobook Technology group of companies, the Photobook Technology group of companies will no longer process the personal data for these purposes.

In addition, the data subject has the right to object to the processing of personal data relating to him or her by the Photobook Technology group of companies for scientific or historical research purposes or for statistical purposes in accordance with the Article 89 (1) of the GDPR for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.

In order to exercise the right to object, the data subject may directly contact any employee of the Photobook Technology group of companies. The data subject is also free to exercise his or her right of
objection through automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.

h)    Automated individual decision-making, including profiling

Each data subject shall have 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 upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is not authorised by Union or Member State law to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is not taken with the express consent of the data subject.

If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is made with the express consent of the data subject, the Photobook Technology Group shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to have the data subject intervene, to state his or her point of view and to contest the decision.

If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time do so by contacting an employee of the controller.

i)      Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise his or her right to withdraw consent, he or she may do so at any time by contacting an employee of the controller.

7. legal basis for the processing

Art. 6(1) lit. a GDPR serves our company as a 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 other services or
consideration, the processing is based on Article 6(1) lit. b GDPR. The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for
example in cases of inquiries regarding our products or services.

If our company is subject to a legal obligation requiring the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the
processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our site were
injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Article 6(1)
lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR.

Processing operations which are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (Recital 47 sentence 2 GDPR).

8. The legitimate interests in the processing pursued by the controller or by a third party

If the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.

9. Period for which the personal data will be stored

The criteria used to determinate the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it
is no longer necessary for the fulfilment of the contract or the initiation of a contract.

10. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter
into a contract; Obligation of the data subject to provide the personal data; possible consequences of
failure to provide such data

We 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). Sometimes it may be necessary for a contract to be concluded that the data subject provides us with personal data, available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her.

Failure to provide personal data would mean that the contract could not be concluded with the data subject. The data subject must contact one of our employees before providing personal data to the data subject. 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 a contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.

11. 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 the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as the external data protection officer for Hof, in cooperation with the lawyer for data protection law Christian Solmecke.