PRIVACY STATEMENT DSGVO
It is important to me to protect your data that may be collected during your visit to www.janmasa.eu. The legal provisions for the protection of your data can be found in the Basic Data Protection Regulation and the Federal Data Protection Act.
The responsible party in the sense of the data protection regulations is
Jan Masa
Trills 9, D-40699 Erkrath, Germany
Phone: +49 2104 288973
E-mail: info(at)janmasa.eu
Below you will find information about which personal data - this is all data that identifies you or makes you identifiable, such as name, address, e-mail address or user behaviour - I collect during your visit to my site and how it is used. If you have any questions, please feel free to contact me at jan(at)janmasa.eu.
ou also have the right to complain to the relevant supervisory authority in the event of unlawful use of data. This is:
State Commissioner for Data Protection and Freedom of Information
North Rhine-Westphalia
PO Box 20 04 44
D-40102 Düsseldorf
Phone: +49 211 38424-0
Fax: +49 211 38424-10
E-mail: postoffice(at)ldi.nrw.de
1. server data collection
When you visit my website, various server statistics are automatically stored, which your browser transmits to my provider's server. Among other things, 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 are logged.
This data is used for the statistical evaluation of visits to my site and cannot be assigned to specific persons. In addition, the data collection serves the prevention of abuse and/or the punishment of attacks on my website.
Legal basis
of the data collection is Art. 6 I f DSGVO. This data is not merged with other data sources. My legitimate interest in collecting this data is based on the fact that I can use the data to optimise my offer for users, e.g. by preventing access from malicious sites or optimising access via certain browsers, and the log of the IP address enables the delivery of the page to the visitor.
In principle, you have the right to object to this data collection. In this case, however, this is not possible, as it would otherwise be impossible to use the site. The data will be deleted as soon as it is no longer required for the above-mentioned purposes.
2. Use and transfer of personal data
a. General
If you have provided me with personal data, I will use it to answer your enquiries, to advise you and to process contracts concluded with you and for technical administration. Your personal data will only be passed on to third parties or otherwise transferred if this is necessary for the purpose of processing the contract, if this is necessary for billing purposes or if you have given your prior consent. You have the right to revoke your consent at any time with effect for the future, see also below on your data subject rights.
b. Contract processing
In the context of contracts concluded with you for the purchase of artworks originating from me, I collect and store the personal data provided by you for the purpose of processing the contract, e.g. also for invoicing purposes. The data is passed on to banks or galleries in the context of invoicing. The billing data will be transferred to the tax office and the tax office within the framework of tax law requirements.
Legal basis
The legal basis for the collection and processing of the data in the context of the execution of the contract is Art. 6 I (b) DSGVO. The legal basis for the transfer of data to the tax office and the tax authorities is Art. 6 I (c) DSGVO. The deletion of the invoice data takes place after the expiry of the applicable statutory retention obligations. Insofar as I am not subject to any statutory retention obligations, the data will be deleted when the purpose ceases to apply. In the legitimate interest of protecting my copyright and moral rights, I permanently retain the name and address of the purchasers of my works. The legal basis for this is Art. 6 I (f) DSGVO.
c. Enquiry by e-mail
If you send me a contact request by e-mail, I collect and store the e-mail address and the data contained in the e-mail for the purpose of answering your request.
The legal basis is Art. 6 I (a) DSGVO, as you consent to the above-mentioned processing of your data when using the form as well as sending an e-mail. In addition, the legal basis also results from Art. 6 I (b), as the storage of the data is necessary for the fulfilment of a pre-contractual or possibly later contractual relationship.
The deletion of the data takes place when the purpose of the storage has ceased to exist, i.e. after answering your e-mail/contact form enquiry or when the matter connected with the enquiry has been conclusively clarified. You have the right to revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of your consent.
For the right to erasure and information, see below on your data subject rights.
d. Cookies
This site uses cookies. These are small text files that are stored in your internet browser (e.g. Firefox, Chrome, Microsoft Explorer/Edge, Safari etc.) or by it on your computer (i.e. your operating system) when you visit our site. With the help of the cookie, which contains a certain string of characters, my website recognises your internet browser when you call it up again. We use our own cookies, so-called session cookies. These serve to improve the use of the website and to optimise the presentation of the content for you.
The legal basis is Art. 6 I (f) DSGVO. My legitimate interest results from the fact that I merely want to facilitate the retrievability of the page for you with the aforementioned cookies, do not collect any tracking data in the process and thus there is no interference with your personal rights and fundamental freedoms.
You can exclude the acceptance of cookies in your web browser. However, this may impair the functionality of the website. For more information on your rights as a data subject, see below.
These cookies are only valid for the duration of your browser session and are deleted when you end your visit to our site.
3. Data subject rights
a. Information rights
You have the right to free information about the personal data I have stored about you at any time. You can request information about the following. I must provide the information within one month:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the envisaged duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to obtain the rectification or erasure of personal data concerning you, a right to obtain the restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data, if the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject. I draw your attention to the fact that such automated decision-making processes do not take place on my part.
(9) about whether the personal data concerning you will be transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art.46 DSGVO in connection with the transfer.
b. Right to rectification
You have the right to demand that I correct any inaccurate personal data relating to you or complete any incomplete personal data without delay.
c. Right to deletion
You have the right to have the personal data concerning you deleted without undue delay and I am obliged to delete this data without undue delay if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing was based pursuant to Art. 6 I (a) and there is no other legal basis for the processing.
(3) You object to the processing of your data collected by me on the basis of my legitimate interests as set out (e.g. Google Analytics) pursuant to Art. 21 I DSGVO and there are no overriding legitimate grounds for the processing, or you object to the processing in the context of direct marketing pursuant to Art.21 II DSGVO.
(4) The personal data concerning you have been processed by me unlawfully, for example without consent or without legitimate interests.
(5) The deletion of the personal data concerning you is necessary to comply with a legal obligation imposed on me under Union or German law.
(6) The data was collected in the context of offered information society services towards you as a minor according to Art.8 ADSGVO.
If I have published personal data about you and I am obliged to delete it for one of the aforementioned reasons, I will inform the companies on whose websites the data was published about your request for deletion in an appropriate manner and explain that you, as the data subject, have requested that I delete all links to this data and delete all copies or replications.
Exceptions
The right to erasure does not exist insofar as the processing is necessary for
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation requiring processing under Union or German law, e.g. in the context of tax retention obligations, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(3) for reasons of public interest in the area of public health pursuant to Art. Art.9 II (h) and (i) and Art.9 III DSGVO;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art.89 (I) DSGVO, insofar as the right to erasure is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) for the assertion, exercise or defence of legal claims, e.g. in legal proceedings.
d. Right to restriction of data processing
You have the right to request me to restrict processing if one of the following conditions is met:
(1) If you dispute the accuracy of the personal data, for a period of time that allows me to verify the accuracy of the personal data,
(2) If the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data.
(3) If I no longer need the personal data for the purposes of processing, but you needed it to assert, exercise or defend legal claims.
(4) If you have objected to the processing of your personal data that I collect on the basis of my legitimate interests as set out (e.g. Google Analytics), as long as it has not yet been determined whether my legitimate grounds override your rights.
If processing has been restricted in accordance with the aforementioned grounds, this personal data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person (GmbH, AG, etc.) or for reasons of an important public interest of the Union or a Member State.
If you have obtained the restriction of processing, you will be informed by me before the restriction is lifted.
e. Duty of notification
If you have asserted the right to rectification, erasure or restriction of processing against me, I am obliged to inform all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right to be informed about these recipients.
f. Right to portability
You have the right to receive the personal data concerning you, which you have provided to me, in a structured, common and machine-readable format. You also have the right to transfer this data to another company without hindrance from me, provided that
(1) the processing is based on consent pursuant to Art. 6 (I) DSGVO or on a contract pursuant to Art.6 I (b) DSGVO and
(2) the processing is carried out with the aid of automated procedures. In exercising this right, you also have the right to have the personal data concerning you transferred directly from me to another company, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this. The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
g. Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6 I (e) -processing necessary for a task carried out in the public interest- or (f) DSGVO -processing demonstrating my legitimate interest, e.g. in online marketing; this also applies to profiling based on these provisions. I will no longer process the personal data concerning you unless I can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
h. Right to revoke the data protection
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
i. Contact person for data subject rights
Insofar as I do not enable you to exercise your rights directly within the scope of processing, please contact me at
info(at)janmasa.eu or by post at the address given in the imprint.
Translated with www.DeepL.com/Translator (free version)
