Privacy Policy

The following privacy policy applies to the use of the website [www.schmellingdesign.de] (hereinafter "webpage or website"), by the person responsible and operating (hereinafter "author or creator").
The collection and processing of your personal data is done in accordance with the applicable data protection law regulations, in particular the EU General Data Protection Regulation(EU-GDPR).
By the use of this website, you agree the collection, use and transmission of your data in accordance with the privacy policy of this website.

1. Overview

1.2 General information

The following information provides a simple overview of what happens to your personal data when you visit this website.
when you visit this website. Personal data is any data that can be used to identify you personally.

For detailed information on the subject of data protection our privacy policy listed below.

1.3 Person responsible for data collection on the website

Data processing on this website is carried out by the website operator. You can find his contact details in the "Person Responsible For This Website" section below.

1.4 How your data is processed

Your data is obtained once you provide it to the author by sending a request via Email. Other data, especially in technical nature( e.g. browser type, operating system or time of website view), is collected automatically at the moment of visiting the website.

1.5 Why is your data used for?

The data collected on this website is used for ensuring that the website is operating in an error-free state.

No other data is obtained for analysing or tracking the user.

1.6 What rights do you have, regarding your data?

You have the right at any time to:

- receive information about origin, recipients and purpose of your stored data
- demand correction and erasure
- in case of consent to data processing, revoking it at any time in the future
- restricting of processing your data under certain circumstances

Furthermore, you have the right to lodge a complaint with the respective supervisory authority.

2. Hosting

2.1 Provider this website is hosted on:

DomainFactory

The provider is DomainFactory GmbH, c/o WeWork, Neuturmstraße 5, 80331 Munich, Germany (hereinafter referred to as DomainFactory). When you visit our website, DomainFactory collects various logfiles including your IP addresses.

Further details please visit:
https://www.df.eu/de/datenschutz/

The use of DomainFactory is based on Art. 6 EU-GDPR §1f. The author has a legitimate interest in the most reliable presentation of the website.
Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 EU-GDPR §1a and § 25 para. 1 TTDSG, insofar as the consent allows the storage of cookies or the access to information in the user's terminal device (e.g. for device fingerprinting) as defined by the TTDSG.
The consent can be revoked at any time.

2.2 Data Processing

The author has signed a contract regarding order processing for the use of the above-mentioned service.
This contract is required by data protection law, which guarantees that the personal data of our website visitors will only be processed in accordance with our instructions and in compliance with the EU-GDPR.

3. Person Responsible For This Website

Responsible for the collection, processing and use of your personal data within the meaning of the EU General Data Protection Regulation:

Daniel Schmelling
Schmetterlingsring 3
14532, Stahnsdorf
Germany
E-Mail: daniel@schmellingdesign.de

Phone: +49 1590 52 32 755

If you opt-out of the collection, processing or use of your data in whole, in part or for individual reasons, you can address your objection to the above-mentioned responsible person.

4. Duration of storage

Unless a more specific storage period has been stated within this privacy policy, your data will remain with the author until the purpose for which it was collected is no longer needed.
If you assert a legitimate request for deletion or revoke consent for data processing, your data will be deleted, unless other legally permissible reasons for storing your personal data are given. These reasons are e.g. retention periods under tax law or commercial law.
Deletion of personal data is given, if those reasons a no longer existent.

5. Legal Basis Of Data Processing

If you have consented to data processing, your personal data is processed on the
basis of Art. 6 EU-GDPR §1a or Art. 9 EU-GDPR §2a,insofar special categories of data
are processed according to Art. 9 EU-GDPR §1.
Explicit consent to data being processed to third countries is also carried out on the basis of Art. 49 EU-GDPR §1a.
Consent to the storage of cookies or to access information in your device, the data processing is also carried out on the basis of § 25 para. 1 TTDSG (Telecommunications-Telemedia Data Protection Act).
The consent can be revoked at any time. If the processing of personal data is necessary for the purpose of fulfilling a contract to which the data subject is a party, for example in the case of processing operations necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 EU-GDPR §1b.
In addition, If the author is subject to a legal obligation which requires the processing of personal data, for example to fulfil tax obligations, the processing is based on Art. 6 EU-GDPR §1c.
Furthermore, according to Art. 6 EU-GDPR §1f, the author's interests in data processing are in particular to ensure the operation and security of the website, to investigate the manner in which visitors use the website, and to simplify the use of the website.

6. Your Rights As A Person Affected By Data Processing

According to the applicable laws, you have various rights regarding your personal data. If you wish to assert these rights, please send your request by e-mail or by post to the address specified in section 1, clearly identifying yourself.

Below you find an overview of your rights.

6.1 Right To Confirmation And Information (Art. 15 EU-GDPR)

You have the right at any time to receive a confirmation from the author as to whether personal data concerning you will be processed.
If this is the case, you have the right to obtain free information from the author about the personal data stored about you and a copy of this data. Furthermore, there is the right to the following information:

1. the processing purposes;
2. categories of personal data being processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular for recipients in third countries or international organisations;
4. if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining of the duration;
5. the existence of a right to rectification or deletion of the data concerning you personal data or to the restriction of the processing by the person responsible or a right of objection against this processing;
6. the right of appeal to a supervisory authority;
7. if the personal data is not collected from you, all available information on the origin of the data;
8. the existence of automated decision making including profiling in accordance with Art. 22 EU-GDPR §1 and Art. 22 EU-GDPR §4 and - at least in these cases - meaningful information about the logic involved as well as the scope and the the desired effects of such processing for you.

If personal data is transferred to a third country or an international organisation, you have the right to be informed of the appropriate guarantees in accordance with Art. 46 EU-GDPR in connection with the transfer.

6.2 Right To Correction (Art. 16 EU-GDPR)

You have the right to request the author to correct any inaccurate personal data concerning you without delay.
Taking into account for the purposes, the user has the right to demand the completion of incomplete personal data - also by means of a supplementary declaration.

6.3 Right Of Deletion/Right Of Being Forgotten((Art. 17 EU-GDPR)

You have the right to demand that the author immediately deletes personal data concerning you, and the author is obliged to delete personal data immediately if one of the following reasons applies:

1. the personal data is used for the purposes for which it was collected or collected on processed in any other way is no longer necessary.
2. you revoke your consent to which the processing referred to in Art. 6 EU-GDPR §1a or Art. 9 EU-GDPR §2a and if there is no other legal basis for processing.
3. you oppose processing in accordance with Art. 6 EU-GDPR §1f Article 21(1) EU-GDPR and there are no overriding legitimate grounds for processing or you oppose processing in accordance with Art. 21 EU-GDPR §2
4. The personal data has been processed unlawfully.
5. The deletion of personal data is necessary for the fulfilment of a legal obligation. Obligation required under Union law or the law of the Member States, to which we are subject.
6. The personal data have been processed in relation to services offered by the Information Society in accordance with Art. 8 EU-GDPR §1.

If the author has made the personal data public and is obliged to delete them in accordance with Art. 17 EU-GDPR, he will take appropriate measures, including technical measures, taking into account the available technology, to inform those responsible for data processing who process the personal data about the deletion of all links to these personal data or copies.

6.4 Right to limitation of processing (Art. 18 EU-GDPR)

You have the right to demand that the author restrict the processing if one of the following conditions applies:

1. the accuracy of the personal data is disputed by you for a period that enables the author to check the correctness of the individual-related data,
2. the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
3. the author no longer needs the personal data for the purposes of processing, but you need the data to assert, exercise or defend legal claims, or
4. you have lodged an objection to the processing referred to in Art. 21 EU-GDPR §1 until it has been established whether the legitimate reasons of the author for the processing are outweighing yours.

6.5 Right to data transferability (Art. 20 EU-GDPR)

You have the right to receive the personal data concerning you that you have provided to the author in a structured, current and computer-readable format, and you have the right to transmit this data to another person responsible without obstruction by the author, provided that:

1. processing on a form of consent referred to in Art. 6 EU-GDPR §1a or Art. 9 EU-GDPR §2a or a contract pursuant to Art. 6 EU-GDPR §1b, and
2. processing is carried out using automated methods.

When exercising your right to data transferability under paragraph 1, you have the right to obtain the personal data directly from the author to another responsible, as far as this is technically practicable.

6.6 Right Of Objection (Art. 21 EU-GDPR)

You have the right to object at any time to the processing of personal data concerning you under Art. 6 EU-GDPR §1e or Art. 6 EU-GDPR §1f for reasons arising from your particular situation, including profiling based on these provisions.
The author no longer processes the personal data, unless he can prove compelling reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims.
If personal data is processed by the author in order to carry out direct advertising, you have the right to object at any time to the processing of data concerning you and personal data for the purpose of such advertising; this also applies to profiling, as far as it is related to such direct advertising.
You have the right, for reasons arising from your particular situation, to oppose the processing of personal data relating to you, which may be used for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 EU-GDPR §1, unless the Processing is necessary to fulfil a task in the public interest.

6.7 Right To Revoke Consent Under Data Protection Law

You have the right to revoke your consent to the processing of personal data at any time.

6.8 Right Of Appeal To A Supervisory Authority (Art. 77 EU-GDPR)

You have the right of appeal to a supervisory authority, in particular in the member State in which you are staying, working or suspected of having infringed the law, if you consider that the processing of personal data concerning you is unlawful.

7. Server Log Files

Pursuant to Art. 6 EU-GDPR §1f and to ensure a stable and secure website, the hosting provider collects the following data (statistics and log files) for each access to the server of website visitors:

-IP address
-date and time of access
-Name and URL of the accessed file
-website from which the access is made (referrer URL)
-the browser used and, if applicable, the operating system of your computer, as well as the name of your access provider

As soon as mentioned data is no longer required to display the website, it will be deleted. The collection of the data for the provision of the website and the storage of the data in log files is mandatory for the operation of the website. Consequently, there is no possibility of objection on the user's part.
Data whose further storage is required for evidentiary purposes are excluded from deletion until the respective incident has been fully clarified.

8. SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as requests that you send to the author.
Connections with SSL encryption are identified by the prefix "https://" and the green lock symbol in front of the page link in your browser's address bar.

9. Cookies

9.1 What are cookies?

This website uses little data packages called "Cookies", which are vital for the website's flawless operation. Cookies are stored on your PC or mobile device by the website's server.
Those will contain information of anonymous nature such as a unique identifier, domain name of the website and some digits and numbers.

9.2 What types of cookies are used?

The only type of cookies that are used on this website are of "neccessary" origin, serving with the purpose to offer the viewer the best possible experience when accessing and navigating through the website and using its features.
This website does not use third party cookies, Java applets, Active-X controls or other techniques that serve to track the access behavior of the viewer.

9.3 How to delete cookies?

If you want to restrict or block cookies that are set on this website, you can do so through your settings of the browser you use. If you choose to completely block cookies, this might affect the overall website's performance and experience.

10. Requests by email or phone

If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. This data will not be passed on to third parties without your explicit consent.
According to Art. 6 EU-GDPR §1b, contacting the website owner (author) for the purpose of forming a contract means the legal basis for collecting and processing the necessary personal data such as "name", "address", and "e-mail traffic". These are used for the execution of contractual obligations, writing invoices, financial accounting and for the creation of a contact and customer list.
Customers, interested parties, business partners and website visitors are affected by the processing of personal data.
The purpose and interest of the author in the processing lies in the administration, financial accounting, office organization, archiving of data, i.e. tasks that serve the maintenance of business activities, the execution of orders and the provision of services. We disclose or transmit data to the tax authorities, consultants, such as tax consultants or auditors, as well as other fee offices and payment service providers.
This data is stored indefinitely and is used to maintain contact with potential customers, business partners, potential customers, etc. If the affected person is no longer a potential customer or if it is evident in the foreseeable future that no business relationship will be established between freelancer and customer, your data will be deleted.

10.1 Course, what, when and how the author processes the required data:

The user visits the website → required data (8. Access data and log files) are collected by the hosting provider.
The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Without these, the user cannot access or view the website, and thus also the content.

The user contacts the author via e-mail → request/message of the user arrives in the author's mailbox and is stored with the user's personal data transmitted with the e-mail. If negotiations and a business relationship occur, the e-mail address of the user is permanently stored by the author in the address book of the mailbox as a purpose for maintaining contact.
If this is not the case, the e-mail, and thus also the e-mail address of the user, will be permanently deleted from the mailbox.

The user sends data necessary for the creation of invoices, down payment invoices, cost estimates → these include first name, surname, street, house number, postcode, city, country.
These invoices are stored as receipts in a folder (called income) for tax obligations both electronically and securely on external hard drives, as well as printed securely in file folders prior to access by third parties.
The required documents, including the invoices, are sent to the tax consultant via e-mail with attachments in encrypted form for the legal tax obligations.

11. Plugins and Tools

11.1 Google Fonts (installed locally)

The website uses Google Fonts that are provided by Google. The font Open Sans used is installed in a local manner and therefore no connection to servers of Google are made.
More information about Google Fonts and Privacy Policy by Google:
https://developers.google.com/fonts/faq
https://policies.google.com/privacy?hl=de

12. Use Of Techniques To Track User Behaviour

This website does not use cookies, Java applets, Active-X controls or other techniques that are used for the purpose of tracking viewers.
In addition, the website does not use analysis tools such as Google Analytics. This website does not use social media plugins or buttons, for example from Facebook or Twitter.