Privacy Policy
This privacy policy informs you about the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offering and the associated websites, functions, and content as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offering”). With regard to the terms used, such as “processing” or “controller,” we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Responsible person / data protection officer / contact:
Active Fungus GmbH
Westendstraße 19 Rear building
80339 Munich
Managing Director: Jakob Braun
info@activefungus-studios.de
Types of processed data:
- Inventory data (e.g., names, addresses).
- Contact details (e.g., email, phone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., visited websites, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
- Categories of data subjects
Visitors and users of the online offering (Hereinafter, we also collectively refer to the affected persons as “users”).
Purpose of processing
– Provision of the online offering, its functions, and content.
– Responding to contact inquiries and communication with users.
– Security measures.
– Reach measurement/marketing.
Terms used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable natural person is one who 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 (e.g., cookie), or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is broad and covers virtually any handling of data.
The “controller” 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.
Relevant legal bases
In accordance with Article 13 of the GDPR, we inform you of the legal bases of our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 GDPR, the legal basis for processing for the performance of our services and the execution of contractual measures as well as responding to inquiries is Art. 6(1)(b) GDPR, the legal basis for processing for compliance with our legal obligations is Art. 6(1)(c) GDPR, and the legal basis for processing for the protection of our legitimate interests is Art. 6(1)(f) GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.
Collaboration with processors and third parties
If we disclose, transmit, or grant access to data to other individuals and companies (processors or third parties) as part of our processing, this is done only on the basis of a legal permission (e.g., if data transmission to third parties, such as payment service providers, is required for the performance of a contract pursuant to Art. 6(1)(b) GDPR), if you have consented, if there is a legal obligation to do so, or based on our legitimate interests (e.g., when using agents, web hosts, etc.).
If we engage third parties to process data on the basis of a so-called “data processing agreement,” this is done on the basis of Art. 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 this occurs as part of the use of third-party services or disclosure or transmission of data to third parties, this will only take place if it is necessary to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation, or based on our legitimate interests. Subject to legal or contractual permissions, we only process data in a third country if the special requirements of Articles 44 et seq. GDPR are met. This means, for example, that processing takes place on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to that of the EU (e.g., for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
Rights of data subjects
You have the right to request confirmation as to whether the data concerned are being processed and information about these data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
According to Art. 16 GDPR, you have the right to demand the completion of the data concerning you or the rectification of inaccurate data concerning you.
In accordance with Art. 17 GDPR, you have the right to demand that the data concerned be deleted without delay, or alternatively, in accordance with Art. 18 GDPR, to demand a restriction on the processing of the data.
You have the right to request that the data concerning you that you have provided us with be received in accordance with Art. 20 GDPR and to request its transmission to other controllers.
Furthermore, according to Art. 77 GDPR, you have the right to lodge a complaint with the competent supervisory authority.
Right of withdrawal
You have the right to revoke consent granted pursuant to Art. 7(3) GDPR with effect for the future.
Right to object
You can object to the future processing of data concerning you in accordance with Art. 21 GDPR at any time. The objection may be lodged in particular against processing for direct marketing purposes.
Cookies and objection to direct advertising
“Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to an online offering. Temporary cookies, or “session cookies” or “transient cookies,” are cookies that are deleted after a user leaves an online offering and closes their browser. Such a cookie, for example, can store the content of a shopping cart in an online shop or a login status. Cookies are referred to as “permanent” or “persistent” if they remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. Such a cookie can also store the interests of users, which are used for reach measurement or marketing purposes. Cookies that are offered by other providers than the controller of the online offering are referred to as “third-party cookies” (otherwise, if they are only the controller’s cookies, they are referred to as “first-party cookies”).
We can use temporary and permanent cookies and clarify this within the scope of our privacy policy.
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. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional limitations of this online offering.
A general objection to the use of cookies for online marketing purposes can be raised for a large number of services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the browser settings. Please note that if cookies are disabled, not all functions of this online offering may be used.
Data deletion
The data processed by us will be deleted or restricted in processing according to Articles 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and there are no legal obligations to retain them. If the data are not deleted because they are required for other and legally permissible purposes, their processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
In accordance with legal requirements in Germany, data is stored for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
According to legal requirements in Austria, data is stored for 7 years in particular according to § 132 (1) BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents related to electronically provided services, telecommunications, radio, and television services provided to non-entrepreneurs in EU member states and 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)
from our customers, prospects, and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising, and market research.
Hosting
The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services, and technical maintenance services that we use for the purpose of operating this online offering.
Hereby, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta, and communication data of customers, prospects, and visitors to this online offering on the basis of our legitimate interests in an efficient and secure provision of this online offering pursuant to Art. 6 (1) lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).
Collection of access data and log files
We, or our hosting provider, collect data on the basis of our legitimate interests within the meaning of Art. 6 (1) lit. f GDPR, data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address, and the requesting provider.
Log file information is stored for security purposes (e.g., to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data whose further retention is required for evidentiary purposes is excluded from deletion until the respective incident has been finally clarified.
Provision of contractual services
We process inventory data (e.g., names and addresses as well as contact data of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 (1) lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
When using our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. These data will generally not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so pursuant to Art. 6 (1) lit. c GDPR.
We process usage data (e.g., the visited websites of our online offering, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile to show users e.g. product recommendations based on their previously used services.
Data deletion takes place after the expiry of statutory warranty and comparable obligations; the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, the deletion takes place after their expiry. Data in a customer account remains until it is deleted.
Contact
When contacting us (e.g., via contact form, e-mail, telephone, or via social media), the user’s details are processed for processing the contact request and its handling pursuant to Art. 6 (1) lit. b) GDPR. The user’s details can be stored in a Customer Relationship Management System (“CRM System”) or a comparable request organization.
We delete the requests if they are no longer necessary. We review the necessity every two years; Furthermore, the statutory archiving obligations apply.
Online presence in social media
We maintain online presences within social networks and platforms to communicate with customers, prospects, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our privacy policy, we process users’ data if they communicate with us within social networks and platforms, e.g., by posting on our online presences or sending us messages.
Integration of third-party services and content
Based on our legitimate interests (i.e., interest in analyzing, optimizing, and economically operating our online offering within the meaning of Art. 6 (1) lit. f GDPR), we use content or service offers from third-party providers to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as “content”).
This always presupposes that the third-party providers of 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 thus required for the presentation of this content. We endeavor to only use content whose respective providers use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. 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 technical information about the browser and operating system, referring websites, visiting time, and other information about the use of our online offering, as well as be linked to such information from other sources.
YouTube
We integrate the videos of the platform “YouTube” provided by 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.
Use of script libraries (Google Web Fonts)
To display our content correctly and graphically appealing across browsers, we use script libraries and font libraries such as Google Web Fonts (https://www.google.com/webfonts/). Google Web Fonts are transferred to the cache of your browser to avoid multiple loading. If the browser does not support Google Web Fonts or prevents access, content will be displayed in a standard font.
Calling script libraries or font libraries automatically triggers a connection to the operator of the library. It is theoretically possible – but currently unclear whether and, if so, for what purposes – that operators of such libraries collect data.
The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/.
Koko Analytics
On our site, we use the plugin “Koko Analytics” to count visitors and page views in the event of your active consent. When you visit our website, “Koko Analytics” places a cookie in your browser. We use this HTML cookie named “_koko_analytics_pages_viewed”, which remains active for a maximum of one month, to identify repeat visitors. The legal basis is the legitimate interest under Art. 6. Para. 1 lit f GDPR. Our legitimate interest is that we need to know whether our site is visited and whether the plugin is functioning properly. We use this information to evaluate the use of our online offering, to compile reports on activities within this online offering, and to provide further services related to the use of this online offering and internet usage. We cannot create user profiles from the processed data or establish personal reference.
Elementor
We use the “Elementor Website Builder for WordPress” plugin from the provider Elementor 8 THE GRN STE A DOVER, DE 19901 USA. This plugin does not process personal data.
For more information on Elementor’s privacy policy, click here: https://elementor.com/about/privacy/.
Created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke