Privacy

Privacy policy

This Privacy Policy clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as “Data”) within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profile (hereinafter collectively referred to as “Online Offer”). With regard to the terms used, such as “processing” or “responsible”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible

Haifischbar
Große Elbstraße 128
22767 Hamburg
Germany

E-mail address: info@haifischbar.hamburg
Leader: Gert Schlufter
Link to the imprint: https://haifischbar.hamburg/imprint/

Types of data processed:

– Inventory data (e.g., names, addresses).
– Contact details (e.g., e-mail, phone numbers).
– Content data (e.g., text input, photographs, videos).
– Usage data (e.g., websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

Categories of affected persons

Visitors and users of the online offer (in the following we also refer to the data subjects as “users”).

Purpose of processing

– Make available the online offer, its functions and contents.
– Responding to contact requests and communicating with users.
– Security measures.
– Range measurement/marketing

Terms used

“Personal Data” means any information relating to an identified or identifiable natural person (‘the data subject’); Identifiable is a natural person who can be identified directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier (e.g. cookie) or one or more specific characteristics that are an expression of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.

“Processing” means any operation or series of operations carried out with or without the help of automated procedures in connection with personal data. The term goes far and covers virtually every use of data.

‘pseudonymisation’ means 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 such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not assigned to an identified or identifiable natural person.

‘profiling’ means any form of automated processing of personal data, which consists in the use of such personal data to assess certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.

‘Responsible person’ means the natural or legal person, authority, body or other body which decides, alone or jointly with others, on the purposes and means of the processing of personal data.

‘processor’ means a natural or legal person, authority, body or other body which processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Article 13 GDPR, we shall inform you of the legal bases of our data processing operations. Unless the legal basis is mentioned in the data protection declaration, the following applies: The legal basis for obtaining consents is Art. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures as well as answering questions is Art. 1 lit. b GDPR, the legal basis for processing in order to fulfil our legal obligations is Art. 1 lit. c GDPR, and the legal basis for processing in order to safeguard our legitimate interests is Art. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Article 6(p) of the data is used. 1 lit. d GDPR as the legal basis.

Security

In accordance with Article 32 GDPR, we take appropriate technical and organisational measures to ensure a level of protection compassionate to ensure a level of protection complacency compassionate, taking into account the state of the art, the costs of implementation and the nature, the circumstances and purposes of the processing, as well as the different probability and severity of the risk to the rights and freedoms of natural persons.

Measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, disclosure, security of availability and separation. In addition, we have established procedures that ensure the exercise of data subjects’ rights, deletion of data and response to compromise of the data. Furthermore, we take into account the protection of personal data already during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technical design and through data protection-friendly presets (Art. 25 GDPR).

Cooperation with processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit them to them or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if a transfer of the data to third parties, such as to payment service providers, in accordance with Art. 6 sec. 1 lit. b GDPR is required for the fulfilment of the contract), you have consented to this. , provides for a legal obligation or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we entrust third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Article 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if we do so in the context of the use of third-party services or disclosure or transfer of data to third parties, this will only be done if it is done in order to fulfil our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual authorisations, we will process or leave the data in a third country only if the special conditions of Art. 44 ff. GDPR. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of an EU-compliant level of data protection (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and for information on such data as well as for further information and copy of the data in accordance with Article 15 GDPR.

They have accordingly. Article 16 GDPR the right to request the completion of the data concerning you or the correction of the inaccurate data concerning you.

In accordance with Article 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to require a restriction on the processing of the data in accordance with Article 18 GDPR.

You have the right to request that the data concerning you, which you have provided to us, be received in accordance with Article 20 GDPR and request its transmission to other controllers.

They have also made a Article 77 GDPR gives the right to lodge a complaint with the competent supervisory authority.

Withdrawal

You have the right to give consents in accordance with the Art. 7 Abs. 3 GDPR with effect for the future to be revoked

Right to object

You may object at any time to the future processing of the data concerning you in accordance with Article 21 GDPR. The opposition may be made in particular against the processing for direct marketing purposes.

Cookies and right of objection in the case of direct marketing

“Cookies” means small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes their browser. In such a cookie, for example, the contents of a shopping cart can be stored in an online shop or a login status. Cookies are called “permanent” or “persistent” and remain stored even after the browser is closed. For example, the login status can be saved if the users visit them after several days. Similarly, such a cookie may store the interests of users who are used for range measurement or marketing purposes. “Third-party cookie” means cookies that are offered by providers other than the person responsible for the online offer (otherwise, if it is only its cookies, it is called “first-party cookies”).

We may use temporary and permanent cookies and clarify this within the scope of our data protection declaration.

If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional limitations of this online offer.

A general objection to the use of cookies used for online marketing purposes can be explained by a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that not all functions of this online offer can be used.

Deletion of data

The data processed by us will be deleted or restricted in their processing in accordance with Articles 17 and 18 GDPR. Unless expressly stated in the context of this data protection declaration, the data stored by us will be deleted as soon as they are no longer necessary for their purpose and the deletion is not precluded by legal retention obligations. Unless the data is deleted because it is necessary for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, the storage is carried out in particular for 10 years in accordance with Section 147 para. 1 AO, 257 sec. 1 Nos. 1 and 4, para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 para. 1 Nos. 2 and 3, para. 4 HGB (commercial letters).

According to legal requirements in Austria, the storage is carried out in particular for 7 J in accordance with Section 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with land and for 10 years in the case of documents relating to electronically supplied services, telecommunications, radio and television services provided to non-entrepreneurs in EU Member States for which the Mini-One Stop-Shop (MOSS) is used.

Business-related processing

In addition, we process
– Contract data (e.g., subject matter of the contract, term, customer category).
– Payment data (e.g., bank details, payment history)
by our customers, interested parties and business partners for the provision of contractual services, service and customer care, marketing, advertising and market research.

Contact

When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user’s details for processing the contact request and its processing in accordance with Art. b. (in the context of contractual/pre-contractual relations), Art. f. (other requests) GDPR. Users’ information can be stored in a customer relationship management system (“CRM system”) or similar request organization.

We will delete the requests if they are no longer required. We review the necessity every two years; In addition, the statutory archiving obligations apply.

Hosting and e-mailing

The hosting services we use are intended to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, e-mail, security and technical maintenance services that we use for the purpose of operating this online offer.

In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer. Art. 6 Abs. 1 lit. f GDPR in the i.V.m. Art. 28 GDPR (conclusion of order processing contract).

Collection of access data and log files

We, or our hosting provider, collect on the basis of our legitimate interests within the meaning of Art. 1 lit. f. GDPR data about each access to the server on which this service is located (so-called server logfiles). The access data includes the name of the retrieved website, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Logfile information is stored for security reasons (e.g. to investigate abuse or fraud) for a maximum period of 7 days and then deleted. Data, the further retention of which is necessary for the purpose of proof, is excluded from deletion until the relevant incident is finally clarified.

Jetpack (WordPress Stats)

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 sec. 1 lit. f. GDPR), we use the plugin Jetpack (here the subfunction “WordPress Stats”), which includes a tool for statistical evaluation of visitor access and from Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA. Jetpack uses so-called “cookies”, text files that are stored on your computer and which enable an analysis of your use of the website.

The information generated by the cookie about your use of this online offer is stored on a server in the USA. User profiles of the users can be created from the processed data, whereby these are only used for analysis purposes and not for advertising purposes. For more information, see Automattic’s privacy policy: https://automattic.com/privacy/ and notes on jetpack cookies: https://jetpack.com/support/cookies/.

Facebook Pixels, Custom Audiences and Facebook Conversion

Within our online offering, due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes, the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are resident in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”) Used.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

With the help of the Facebook pixel, Facebook is able to identify visitors to our online offer as the target group for the display of advertisements (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to display the Facebook ads we serve only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products determined by the websites visited) that we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads meet the potential interest of users and do not have a harassing effect. With the help of the Facebook pixel, we can also understand the effectiveness of Facebook ads for statistical and market research purposes by seeing if users have been redirected to our website after clicking on a Facebook ad (so-called “conversion”).

The processing of the data by Facebook takes place within the framework of Facebook’s data usage policy. Accordingly, general notes on the presentation of Facebook ads, in Facebook’s data usage policy: https://www.facebook.com/policy. For specific information and details about the Facebook pixel and how it works, see the Help section of Facebook: https://www.facebook.com/business/help/651294705016616.

You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set what types of ads you see within Facebook, you can go to the page set up by Facebook and follow the usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

You can also object to the use of cookies for range measurement and advertising purposes via the deactivation page of the network advertising initiative (http://optout.networkadvertising.org/) and additionally the US website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).

Online social media presences

We maintain online presences within social networks and platforms in order to communicate with the customers, interested parties and users active there and to inform them about our services there.

We would like to point out that users’ data can be processed outside the European Union. This can create risks for users, as this could, for example, make it more difficult to enforce users’ rights. With regard to US providers certified under the Privacy Shield, we would like to point out that they are committed to complying with EU data protection standards.

Furthermore, users’ data are usually processed for market research and advertising purposes. For example, user profiles can be created from the usage behaviour and the resulting interests of the users. The user profiles can in turn be used to display advertisements inside and outside the platforms, for example, which presumably correspond to the interests of the users. For these purposes, cookies are usually stored on the users’ computers, in which the user’s usage behaviour and the interests of the users are stored. Furthermore, data may also be stored in the user profiles independently of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

The processing of the personal data of the users takes place on the basis of our legitimate interests in effective information of the users and communication with the users in accordance with Art. 6 sec. 1 lit. f. GDPR. If the users are asked by the respective providers for their consent to the data processing (i.e. declare their consent, e.g. by ticking a check box or confirming a button), the legal basis of the processing is Art. a., Art. 7 GDPR.

For a detailed presentation of the respective processing operations and the opt-out, we refer to the following linked information of the providers.

Even in the case of requests for information and the assertion of user rights, we would like to point out that these can be asserted most effectively by the providers. Only the providers have access to the data of the users and can take direct action and provide information. If you still need help, you can contact us.

– Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) – Privacy Policy: https://www.facebook.com/about/privacy/, Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.

– Google/ YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Privacy Policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.

– Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Policy/ Opt-Out: http://instagram.com/about/legal/privacy/.

– Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) – Privacy Policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.

– Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA) – Privacy Policy/ Opt-Out: https://about.pinterest.com/de/privacy-policy.

– LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland) – Privacy Policy https://www.linkedin.com/legal/privacy-policy , Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.

– Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) – Privacy Policy/ Opt-Out: https://privacy.xing.com/de/datenschutzerklaerung.

– Wakalet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) – Privacy Policy/ Opt-Out: https://wakelet.com/privacy.html.

– Soundcloud (SoundCloud Limited, Rheinsberger Str. 76/77, 10115 Berlin, Germany) – Privacy Policy/ Opt-Out: https://soundcloud.com/pages/privacy.

Integration of third-party services and content

Within our online offer, we use third-party content or service offerings based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 sec. 1 lit. f. GDPR) content or service offerings from third parties in order to integrate their contents and services, such as videos or fonts (hereinafter uniformly referred to as “content”).

This always presupposes that the third parties to this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We make every effort to use only those content whose respective providers use the IP address only for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may include, among other things, technical information about the browser and operating system, referring websites, visiting time and other information on the use of our online offer, as well as being linked to such information from other sources.

Google Fonts

We include the fonts (“Google Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google ReCaptcha

We include the feature for the detection of bots, e.g. when entering online forms (“ReCaptcha”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Google Maps

We include the maps of the Google Maps service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. The processed data may include in particular IP addresses and location data of the users, which are not collected without their consent (usually carried out within the framework of the settings of their mobile devices). The data can be processed in the United States. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.

Using Facebook Social Plugins

Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 sec. 1 lit. f. GDPR) we use social plugins (“plugins”) of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
This may include, for example, content such as images, videos or texts and buttons with which users can share content from this online offer within Facebook. The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.

Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).

When a user calls up a feature of this online offer that contains such a plugin, his device establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user’s device and integrated by the user into the online offer. User profiles of the users can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore informs the users according to our state of knowledge.

By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example by pressing the Like button or making a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and store his IP address. According to Facebook, only an anonymized IP address is stored in Germany.

The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as the rights and setting options for the protection of the privacy of users, can be found in Facebook’s privacy policy: https://www.facebook.com/about/privacy/.

If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his/her member data stored on Facebook, he must log out of Facebook before using our online offer and delete his cookies. Further settings and contradictions to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.

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