PhotoFancy Privacy Policy

Privacy Policy

PhotoFancy has high demands to data protection and data security. With this data protection notice, PhotoFancy intends to provide information on how PhotoFancy deals with the personal data of its users. Personal data is all data that personally identifies users.

Section 1 Scope of application, responsible body, bases

We are pleased that you visit our website and thank you for your interest. This data protection notice describes the handling by PhotoFancy of personal data of the users and visitors of the PhotoFancy websites.

The responsible body in terms of data protection law is PhotoFancy GmbH, Baumarktstraße 10, 30823 Garbsen, Germany (hereinafter referred to as “PhotoFancy”). More details on PhotoFancy can be found in the legal notice. The person responsible for the processing of personal data is the natural or legal person who, alone or in concert with others, decides on the purposes and means of processing personal data.

The person in charge has appointed a Data Protection Officer for this website. The Data Protection Officer can be contacted as follows:

PhotoFancy GmbH
- Data Protection Officer -
Baumarktstraße 10
30823 Garbsen
Germany
Telefon-Nr.: +49 5137 8998-890
E-Mail: privacy [at] photofancy.com

PhotoFancy protects the privacy of the visitors and users and their personal data in accordance with the relevant data protection law and this data protection notice. The bases in this regard are the respectively applicable statutory provisions such as the German Data Protection Act (BDSG), the General Data Protection Regulation (GDPR) and the German Broadcast Media Act (TMG). The obligation to keep the data secrecy is regularly imposed on the PhotoFancy employees.

Section 2 Use of data when visiting the PhotoFancy websites and use of cookies

The PhotoFancy websites may be visited without the visitor being required to provide personal data.

With each access to the PhotoFancy websites, data to enable this communication are automatically generated. These data is stored by PhotoFancy only without specific reference to the person (e.g. by anonymisation of the IP address) and used to receive technical or statistical information for the removal of malfunctions or improvement of the website and for research and analysis purposes. The processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR based on the legitimate interest in improving the stability and functionality of the PhotoFancy website. A transfer or other use of the data does not take place.

For purposes of communication management and technical implementation of the PhotoFancy websites, session cookies are used by PhotoFancy. Session cookies are small text files that are placed on the visitor's computer. Most of the cookies used by PhotoFancy are deleted from the hard drive after the end of the browser session (session cookies). Other cookies remain on the visitor's computer and allow PhotoFancy to recognize the respective computer during the next visit (persistent cookies).

The use of session cookies enables the technical use of PhotoFancy in the first place. Visitors can set their browser so that they are informed about the setting of cookies and can individually exclude their acceptance or acceptance of cookies for specific cases or in general. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains to the user how he can change his cookie settings. Users will find these for the respective browsers under the following links:

If cookies are not accepted, the functionality of the PhotoFancy websites may be limited or suspended.

It is not possible to identify the visitor by means of the cookies used by PhotoFancy. In particular, no IP addresses are stored in connection with cookies and no cookies are brought together with user profiles.

Section 3 Contact

When contacting PhotoFancy (for example, by contact form or e-mail) personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. Such data is stored and used solely for the purpose of answering the concerns of users or for establishing contact and the associated technical administration. The legal basis for the processing of the data is the legitimate interest of PhotoFancy in answering the concerns of users in accordance with Art. 6 para. 1 lit. f GDPR. If the contacting of a user aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR. The data of users are deleted after the finalisation of a request, this is the case if it can be inferred from the circumstances that the situation in question is finally clarified and provided that no statutory storage requirements are in conflict.

Section 4 Use of data when using PhotoFancy

The PhotoFancy web pages can be visited without having to provide any personal information. The editing of photos is generally possible without registration or the provision of personal data. PhotoFancy stores only access data without personal reference such as the names of the requested files. Such data is evaluated exclusively for the purpose of improving the PhotoFancy offer and do not permit any conclusion on the person of the visitors and users.

The nature, scope, location and purpose of the survey, processing and use of PhotoFancy's personal data required for the execution of orders and the registration of the email notification service will be within the bounds of applicable law.

PhotoFancy collects and stores personal data in accordance with Art. 6 para. 1 lit. b GDPR only if users voluntarily provide this information as part of their order for goods or when opening a customer account or registering for the PhotoFancy Newsletter. PhotoFancy will use the data provided by users without your explicit consent only for the fulfillment and processing of your order, for any subsequent warranty claims and services as well as for personalised advertising inserts and birthday cards.

When using additional services, PhotoFancy only collects and uses data that is necessary for the provision of the respective service (for example, the e-mail address of the recipient of an e-card / the address of the recipient of a postcard).

Section 5 Use of external services

Section 5.1 Use of Bing Ads

PhotoFancy uses Microsoft's Bing Ads conversion tracking technology (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA).

Microsoft Bing Ads places a cookie on the user's computer if the user has reached the PhotoFancy website via a Microsoft Bing ad. Cookies are small text files that are stored on the user's computer system. These cookies lose their validity after 180 days and are not used for personal identification. If the user visits certain pages on this website and the cookie has not expired yet, Microsoft and PhotoFancy can detect that the user clicked on the ad and was redirected to that page (conversion page). If personal data is processed in this context, this is done in accordance with Art. 6 para. 1 lit. f GDPR due to legitimate interest in effective marketing of PhotoFancy.

The information gathered using the conversion cookie is used to generate conversion statistics. It tracks how many users reached a conversion page after clicking on an ad. This tells PhotoFancy the total number of users who clicked the PhotoFancy ad and were redirected to a conversion tracking tag page. However, PhotoFancy does not receive information that personally identifies users.

US-based Microsoft Corporation is certified for the US privacy protection agreement "Privacy Shield", which ensures compliance with the level of data protection in the EU.

If users do not want to participate in tracking, they can opt out by disabling the Bing Ads Conversion Tracking cookie through their Internet browser under User Preferences. Users will not be included in the conversion tracking statistics. Alternatively, by using the EU opt-out website http://www.youronlinechoices.com/uk/your-ad-choices/, users can verify that Microsoft advertising cookies are set in and disable their browser.

Users can find more information about the Microsoft Bing Ads privacy policy at the following Internet address: https://privacy.microsoft.com/en-gb/privacystatement.

Section 5.2

Use of Google AdWords Tracking

PhotoFancy also uses Google Conversion Tracking, an analytics service provided by Google LLC (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, "Google").

A Google AdWords cookie is stored on the user's computer ("conversion cookie") when this has reached the PhotoFancy website via a Google ad. These cookies are not for personal identification. When certain pages are visited by PhotoFancy and the cookie has not expired, PhotoFancy and Google can detect that someone clicked on the ad and was redirected to the PhotoFancy website. Each AdWords-Customer receives its own cookie. Cookies can not be tracked through the websites of AdWords-Customers. The information gathered using the conversion cookie is used to generate conversion statistics for AdWords advertisers who have opted for conversion tracking. AdWords-Customers will see the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users. If users do not want to participate in the tracking process, they can also refuse the setting of a cookie required for this purpose - for example via a browser setting that generally disables the automatic setting of cookies. Users can also disable conversion tracking cookies by setting their browser to block cookies from the „googleadservices.com“ domain.

PhotoFancy uses Google LLC's remarketing technology (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; "Google"). This technology will redirect users who have already visited PhotoFancy websites and online services and are interested in the offer through targeted advertising to the Google Partner Network pages. The insertion of advertising is done through the use of cookies, which are small text files that are stored on the user's computer. With the help of the text files, the user behaviour can be analysed when visiting the website and then used for targeted product recommendations and interest-based advertising. The processing is based on the justified interest in the optimal marketing of the PhotoFancy website in accordance with Art. 6 para. 1 lit. f GDPR.

Google LLC, based in the US, is certified for the US-European Data Protection Convention "Privacy Shield", which ensures compliance with the data protection level applicable in the EU.

More information and privacy policy in terms of advertising and Google, users can view it here: http://www.google.com/policies/technologies/ads/

The purpose and scope of Google's data collection, as well as the further processing and use of user data there, may be gathered from the Google Privacy Center (including rights and privacy settings): https://policies.google.com/privacy?hl=en

Section 5.3 Use of Google Analytics

The PhotoFancy websites use Google Analytics, a web analysis service of Google LLC (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of your use of the website. The information on your use of this website generated by the cookie are usually transferred to a Google server in the USA and stored there.

PhotoFancy has enabled the IP anonymisation option offered by Google on this website. Thus, your IP address is shortened by Google by the last 8 bit beforehand within the Member States of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is transferred to a Google server in the USA and shortened there. In these exceptional cases, the processing is carried out in accordance with Art. 6 para. 1 lit. f GDPR based on PhotoFancy's legitimate interest in statistical analysis of user behavior for optimization and marketing purposes. By order of PhotoFancy, Google will use this information to evaluate your use of the website, to generate reports on the website activities and to render further services to the website operator in connection with the website use and the Internet use. The IP address transferred from your browser within the framework of Google Analytics is not brought together with other Google data.

Users can prevent the storage of cookies by a corresponding setting of your browser software; However, PhotoFancy reminds users that in this case they may not be able to use all functions of this website to their full extent.

Users can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading the browser plug-in available under the following link and install: https://tools.google.com/dlpage/gaoptout?hl=en-GB .

Google LLC, based in the US, is certified for the US-European Data Protection Convention "Privacy Shield", which ensures compliance with the data protection level applicable in the EU.

This website also uses Google Analytics for a cross-device analysis of visitor traffic conducted through a user ID. Users can opt out of cross-device analysis of their usage in My Google Account under My Data, Personal Information.

For more information on how to handle user data at Google Analytics, please refer to the Google Privacy Policy: https://support.google.com/analytics/answer/6004245?hl=en .

Section 5.4 Use of Google Tag Manager

The PhotoFancy website uses Google Tag Manager. Google Tag Manager is a solution that allows marketers to manage web page tags from one interface. The Tag Manager tool itself (which implements the tags) is a cookie-less domain and does not collect personally identifiable information. The tool triggers other tags, which may collect data. Google Tag Manager does not access this data. If the deactivation was made on domain or cookie levels, it will remain for all tracking tags that are implemented with Google Tag Manager.

Section 5.5 Use of Google Web Fonts

This site uses so-called Web Fonts provided by Google LLC., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google") for consistent presentation of fonts.

When a page is called, the user's browser loads the required web fonts into the browser cache in order to display texts and fonts correctly.

To do this, the browser used by the user must connect to Google's servers. As a result, Google learns that the PhotoFancy website has been accessed via the user's IP address. The use of Google Web Fonts is in the interest of a consistent and attractive presentation of PhotoFancy online offers. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. If the user's browser does not support Web Fonts, a default font will be used by the computer.

Google LLC, based in the US, is certified for the US-European Data Protection Convention "Privacy Shield", which ensures compliance with the data protection level applicable in the EU.

For more information about Google Web Fonts, please visit https://developers.google.com/fonts/faq and Google's Privacy Policy: https://policies.google.com/privacy?hl=en

Section 6 Use of plugins

Section 6.1 Use of Crazy Egg

The PhotoFancy website uses the Crazy Egg web analytics service provided by Crazy Egg Inc. USA to collect statistical information about the use of the PhotoFancy Web site. Using Crazy Egg Inc. technology, user information is collected and transmitted to the servers of Crazy Egg Inc. If personal data is also processed, this is done in accordance with Art. 6 para. 1 lit. f GDPR based on the legitimate interest of PhotoFancy in the statistical analysis of user behaviour for optimisation purposes. The technology enables the user's activities to be collected, analysed and visualised while visiting the PhotoFancy website. For example, PhotoFancy has the ability to use a "heatmap" to identify which areas of the PhotoFancy website are most visited and clicked. Cookies are also used for this purpose. Data collection and data storage by Crazy Egg Inc. can be prevented by certain settings in the user's browser: https://www.crazyegg.com/opt-out . The purpose and scope of the data collection and the further processing and use of the data by Crazy Egg as well as related rights of users and setting options for the protection of your privacy can be found in the Privacy Policy of Crazy Egg, Inc. USA at https://www.crazyegg.com/privacy remove.

Section 7 Data security

The transfer of the personal data within the framework of the ordering process via the Internet is encrypted by using SSL, regardless of which browser is used, using 256-bit SGC SSL. Users can recognise an encrypted connection by the string "https: //" and the lock icon in their browser line.

PhotoFancy secures its websites and other systems by technical and organisational measures against loss, destruction, access, change or distribution of your data by unauthorised persons.

Section 8 Correction, blocking, information or deletion, contact for data protection

The applicable data protection law grants users comprehensive rights of access (information and intervention rights) to the person responsible regarding the processing of your personal data, through which PhotoFancy informs users below:

  • Right of access according to Art. 15 GDPR: In particular, users have a right to information about their personal data processed by PhotoFancy, the processing purposes, the categories of processed personal data, the recipients or categories of recipients to whom your data was or are disclosed, the planned Retention period or the criteria for the determination of the retention period, the right of rectification, deletion, limitation of processing, objection to processing, complaint to a supervisory authority, the origin of your data, if not collected by PhotoFancy from the users, the existence of automated decision-making, including profiling and, where appropriate, meaningful information about the logic involved and the scope and impact of such processing, as well as the right of users to be informed of which guarantees Art. 46 GDPR when forwarding your data to third countries;
  • Right to correction pursuant to Art. 16 GDPR: Users have the right to immediate correction of incorrect data concerning you and / or completion of your incomplete data stored by PhotoFancy;
  • Right to cancellation pursuant to Art. 17 GDPR: Users have the right to demand the deletion of their personal data if the requirements of Art. 17 para. 1 GDPR are fulfilled. However, that right does not apply, in particular, where the processing is necessary for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the pursuit, exercise or defense of rights;
  • Right to restriction of processing according to Art. 18 GDPR: Users have the right to request the restriction of the processing of their personal data, as long as the accuracy of their data is checked, if users decline to delete their data because of improper data processing and instead request that their data be restricted, if users require their data to assert, exercise or defend legal claims, after PhotoFancy no longer needs this data after their purpose achievement or if users have filed an objection based on their particular situation, as long as it is not certain, that PhotoFancy's legitimate reasons overweigh;
  • Right to information according to Art. 19 GDPR: If users have claimed the right to rectify, delete or limit processing to the controller, is he committed, all recipients, to those the personal data concerning users has been disclosed, to communicate this correction or deletion of the data or limitation of processing, unless, this proves to be impossible or involves a disproportionate effort. Users have the right to be informed about these recipients.
  • Right to data portability according to Art. 20 GDPR: Users have the right to receive your personal data, which PhotoFancy has received from you, in a structured, common and machine-readable format, or to request transmission to another person responsible, insofar as this is technically feasible;
  • Right to revoke granted consent according to Art. 7 (3) GDPR: Users have the right to revoke a given consent to the processing of data at any time with effect for the future. In the event of revocation, PhotoFancy will delete the data concerned immediately, as long as further processing can not be based on a legal basis for consentless processing. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
  • Right to complain under Art. 77 GDPR: If users believe that the processing of their personal data in violation of the GDPR, they have the right to complain to a regulatory authority. This applies in particular in the member state of their place of residence, your place of work or the place of the the alleged infringement.

Prior to providing any information, PhotoFancy may insist on submitting documentation from the user indicating the identity and authenticity of the requesting person.

Upon termination of the owner and user relationship with PhotoFancy, data still required within a reasonable processing period are blocked and further voluntary details are deleted.

Please contact us here if you have questions regarding data protection:

PhotoFancy GmbH
- Data Protection Officer -
Baumarktstraße 10
30823 Garbsen
Germany
Telefon-Nr.: +49 5137 8998-890
E-Mail: privacy [at] photofancy.com

Section 9 E-mail newsletter and advertising

PhotoFancy uses the e-mail address of users regardless of the contract settlement exclusively for advertising, to send the newsletter.

Upon registration for the PhotoFancy newsletter, the user expressly (e.g. “Yes, I want to receive the PhotoFancy Newsletter”) agrees to the collection and use of their data notified in this regard (name, e-mail address) by PhotoFancy. PhotoFancy has recorded this consent. The e-mail newsletter contains articles and offers of PhotoFancy.

PhotoFancy uses the so-called double opt-in procedure for sending the newsletter. This means that PhotoFancy will only send users an e-mail newsletter if the users have explicitly confirmed to PhotoFancy that they agree to send them newsletters. PhotoFancy then sends users a confirmation e-mail asking them to confirm their intention to receive PhotoFancy newsletters by clicking on a link. By activating the confirmation link, users give PhotoFancy the consent for the use of their personal data in accordance with Art. 6 para. 1 lit. a GDPR.

It is possible to unsubscribe from the newsletter at any time, e.g. by a corresponding link. After unsubscribing, PhotoFancy immediately deletes the user’s data for the newsletter registration.

Moreover, it is hereby pointed out to the user that they can contradict the use of their e-mail address for advertising purposes by PhotoFancy (see Section 10) without incurring any costs other than the transmission costs in accordance with the basic rates.

Section 10 Consent and revocation of consent

If PhotoFancy processes personal data of users in the context of a balance of interests due to the legitimate interest of PhotoFancy, users have the right at any time, for reasons that arise from your particular situation, to contradict this processing with effect for the future. If users exercise their right of contradiction, PhotoFancy terminates the processing of the data concerned. However, further processing is reserved if PhotoFancy can demonstrate compelling legitimate reasons for processing that outweigh the interests, fundamental rights and fundamental freedoms of users, or if the processing serves the assertion, exercise or defense of legal claims.

If personal data is processed by PhotoFancy users to operate direct mail, users have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising. Users can exercise the contradiction as described above.

If users exercise their right of contradiction, PhotoFancy terminates the processing of the data concerned for direct marketing purposes.

Section 11 Duration of storage of personal data

The duration of the storage of personal data is based on the respective legal retention period (e.g. commercial and tax retention periods). After the deadline, the corresponding data are routinely deleted, if they are no longer required for contract fulfillment or contract initiation and / or PhotoFancy does not maintain a legitimate interest in the longer storage.

End of the data protection notice.
Date: 23.05.2018.