Privacy policy
(Stand 26.02.2020)
We take the protection of personal data very seriously and comply with the relevant statutory provisions. The following statement informs you about what kind of personal data is collected for what purpose on this website by us as the responsible party and to what extent this data is made available to third parties.
1. Responsible entity
portraitbox GmbH
Am Steinhof 4a
33106 Paderborn, Deutschland
David Wendt (CEO)
Email: support@portraitbox.com
Phone: 05254 / 9362411
We can be reached at datenschutz@portraitbox.com.
2. Basic information on data processing and legal basis
2.1. This data protection declaration informs you about the type, scope and purpose of the processing of personal data within our online offer and the websites, functions and content connected to it (hereinafter jointly referred to as “online offer” or “website”). The privacy policy applies regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) used on which the online offer is executed.
2.2. The terms used, such as “personal data” or their “processing” we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
2.3. The personal data of users processed within the scope of this online offer includes inventory data (e.g., names and addresses of clients), contract data (e.g., services used, names of clerks, payment information), usage data (e.g., the web pages visited on our online offer, interest in our products) and content data (e.g., entries in the contact form).
2.4. The term “user” includes all categories of persons affected by data processing. They include our business partners, clients, interested parties and other visitors to our online offering. The terms used, such as “user”, are to be understood as gender-neutral.
2.5. We process users’ personal data only in compliance with the relevant data protection provisions. This means that the users’ data is only processed if a legal permission exists. I.e., in particular if the data processing is necessary for the provision of our contractual services (e.g. processing of orders) as well as online services, or is required by law, a consent of the user is available, as well as due to our legitimate interests (i.e. interest in the analysis, optimization and economic operation and security of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR, in particular in the case of range measurement, creation of profiles for advertising and marketing purposes as well as collection of access data and use of third-party services.
2.6. We would like to point out that the legal basis for the consents is Art. 6 para. 1 lit. a. and Art. 7 GDPR, the legal basis for the processing for the fulfillment of our services and implementation of contractual measures Art. 6 para. 1 lit. b. GDPR, the legal basis for processing to fulfill our legal obligations Art. 6 para. 1 lit. c. GDPR, and the legal basis for processing to protect our legitimate interests Art. 6 para. 1 lit. f. GDPR is.
3. Security measures
3.1. We take organizational, contractual and technical security measures in accordance with the state of the art to ensure that the provisions of data protection laws are complied with and thus to protect the data processed by us against accidental or intentional manipulation, loss, destruction or against access by unauthorized persons.
3.2. The security measures include in particular the encrypted transmission of data between your browser and our server. Clients with whitelabel function, i.e. using their own domain, can order an SSL certificate to encrypt their web pages. If clients with whitelabel function do not order an SSL certificate, the data transfer on these pages will be unencrypted.
4. Disclosure of data to third parties and third-party providers
4.1. Data is only passed on to third parties within the framework of legal requirements. We only pass on users’ data to third parties if this is necessary, for example, on the basis of Art. 6 Para. 1 lit. b) GDPR for contractual purposes or on the basis of legitimate interests pursuant to Art. 6 Para. 1 lit. f. GDPR in the economic and effective operation of our business.
4.2. Where we use subcontractors to provide our services, we take appropriate legal precautions and corresponding technical and organizational measures to ensure the protection of personal data in accordance with the relevant legal requirements.
4.3. If content, tools or other means from other providers (hereinafter collectively referred to as “third party providers”) are used within the scope of this data protection declaration and their named registered office is located in a third country, it is to be assumed that a data transfer takes place to the third party providers’ countries of domicile. Third countries are countries in which the GDPR is not directly applicable law, i.e. basically countries outside the EU or the European Economic Area. The transfer of data to third countries takes place either if there is an adequate level of data protection, user consent or otherwise legal permission.
5. Provision of contractual services
5.1. 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 para. 1 lit b. GDPR.
5.2. Users can optionally create a user account, in which they can view their orders in particular. As part of the registration process, the required mandatory information will be provided to users. If users have terminated their user account, their data with regard to the user account will be deleted, subject to their retention is necessary for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c GDPR. It is the responsibility of the users to save their data in the event of termination before the end of the contract. We are entitled to irretrievably delete all user data stored during the term of the contract.
5.3. Within the scope of registration and renewed logins as well as the use of 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. In principle, this data is not passed on to third parties, unless it is necessary for the pursuit of our claims or there is a legal obligation to do so pursuant to Art. 6 para. 1 lit. c GDPR.
5.4. We process usage data (e.g., the web pages visited on our website, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile, e.g., to display product information to users based on the services they have used to date.
6. Contact
6.1. When contacting us (via contact form or e-mail), the user’s details are processed for the purpose of handling the contact request and its processing pursuant to Art. 6 (1) lit. b) GDPR.
6.2. User information may be stored in our customer relationship management system (‘CRM System’) or similar inquiry organization.
6.3. Contact requests will be deleted after 12 months at the latest.
7. Comments and contributions
7.1. When users leave comments or other contributions, their IP addresses are stored on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR are stored for 7 days.
7.2. This is done for our security, in case someone leaves illegal content in comments and posts (insults, forbidden political propaganda, etc.). In this case, we ourselves can be prosecuted for the comment or post and are therefore interested in the identity of the author.
8. Collection of access data and log files
8.1. We collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR, we collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the accessed website, 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.
8.2. Log file information is stored for security reasons (e.g., to clarify acts of abuse or fraud) for a maximum of seven days and then deleted. Data whose further storage is required for evidentiary purposes is exempt from deletion until final clarification of the respective incident.
9. Cookies & Reach Measurement
9.1. Cookies are pieces of information that are transmitted from our web server or third-party web servers to users’ web browsers, where they are stored for later retrieval. Cookies may be small files or other types of information storage.
9.2. We use “session cookies”, which are only stored for the duration of the current visit to our online presence (e.g. to enable the storage of your login status or the shopping cart function and thus the use of our online offer at all). In a session cookie, a randomly generated unique identification number is stored, a so-called session ID. In addition, a cookie contains information about its origin and the storage period. These cookies cannot store any other data. Session cookies are deleted when you have finished using our online offer and log out or close the browser, for example.
9.3. Users are informed about the use of cookies in the context of pseudonymous reach measurement as part of this privacy policy.
9.4. If users do not want cookies to be stored on their computer, they are asked to disable 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 restrictions of this online offer.
9.5. You may opt-out of the use of cookies used for reach measurement and advertising purposes via the Network Advertising Initiative opt-out page (http://optout.networkadvertising.org/) and additionally the U.S. website (https://optout.aboutads.info/?c=2&lang=EN) or the European website (https://www.youronlinechoices.com/uk/your-ad-choices).
10. Newsletter
10.1. With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter, you agree to receive it and to the described procedures.
10.2. Content of the newsletter: We send newsletters, e-mails and other electronic notifications with promotional information (hereinafter “newsletter”) only with the consent of the recipients or a legal permission. Insofar as the contents of the Newsletter are specifically described in the context of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our products, offers, promotions and our company.
10.3. Double-Opt-In and logging: The registration for our newsletter takes place in a so-called double-opt-in process. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with other e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process according to the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise, the changes to your data stored with the shipping service provider are logged.
10.4. Shipping service provider: Sendinblue is used as the shipping service provider for newsletters. Your data will be transmitted to Sendinblue GmbH. Sendinblue is not allowed to sell your data and use it for purposes other than sending newsletters. Sendinblue is a German provider, which has been selected according to the requirements of the General Data Protection Regulation and the Federal Data Protection Act. You can find more information here.
If you do not want any analysis by sendinblue, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. Furthermore, you can also unsubscribe from the newsletter directly on the website.
10.5. Furthermore, according to its own information, the shipping service provider may use this data in pseudonymous form, i.e. without assigning it to a user, to optimize or improve its own services, e.g. to technically optimize the shipping and display of the newsletter or for statistical purposes to determine which countries the recipients come from. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties.
10.6. Registration data: To register for the newsletter, it is sufficient to provide your e-mail address.
10.7. Statistical collection and analyses – The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from the server of the dispatch service provider when the newsletter is opened. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and the time of the retrieval are initially collected. This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior based on their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include the determination of whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to individual newsletter recipients. However, it is neither our intention nor that of the dispatch service provider to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
10.8. The use of the dispatch service provider, the performance of statistical surveys and analyses, and the logging of the registration process are based on our legitimate interests in accordance with Art. 6 Para. 1 lit. f GDPR. Our interest is directed towards the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of users.
10.9. Cancellation/revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consents. This will simultaneously terminate your consents to its dispatch by the dispatch service provider and the statistical analyses. A separate cancellation of the dispatch by the dispatch service provider or the statistical analysis is unfortunately not possible. A link to cancel the newsletter can be found at the end of each newsletter. If users have only registered for the newsletter and cancelled this registration, their personal data will be deleted.
11. Integration of third-party services and content
11.1. Within our online offer, we use content or service offers of third-party providers on the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) to integrate content or services offered by third-party providers, such as videos or fonts (hereinafter uniformly referred to as “content”). This always requires that the third-party providers of this content are aware of the IP address of the user, since without the IP address they could not send the content to their browser. The IP address is thus required for the display of this content. We endeavor to use only such content whose respective providers use the IP address only 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. 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 contain, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online offer, as well as be linked to such information from other sources.
11.2. The following presentation provides an overview of third-party providers and their content, along with links to their privacy statements, which contain further information on the processing of data and, in part already mentioned here, opt-out options:
- If our clients use the payment services of third parties (e.g. PayPal, Amazon Pay or SOFORT Überweisung), the terms and conditions and the privacy notices of the respective third party providers apply, which are available within the respective websites, or transaction applications.
- OpenStreetMap (Map service): This site uses the open source mapping tool “OpenStreetMap” (OSM) via an API. Provider is the OpenStreetMap Foundation. To use the features of OpenStreetMap it is necessary to store your IP address. This information is usually transferred to a server of OpenStreetMap and stored there. The provider of this site has no influence on this data transmission. The use of OpenStreetMap is in the interest of an appealing presentation of our online offers and an easy location of the places indicated by us on the website. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. More information about the handling of user data can be found in the privacy page of OpenStreetMap and here https://wiki.openstreetmap.org/wiki/Legal_FAQ.
- Videos of the platform “YouTube” of the third party provider Google Ireland Limited,Gordon House, Barrow Street, Dublin 4, Ireland. Privacy policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
12. User rights
12.1. Users have the right, upon request and free of charge, to obtain information about the personal data we have stored about them.
12.2. In addition, users have the right to rectify inaccurate data, restrict processing and erase their personal data, if applicable, to exercise your rights to data portability and, in the event that unlawful data processing is suspected, to lodge a complaint with the competent supervisory authority.
12.3. Likewise, users can revoke consent, in principle with effect for the future.
13. Data deletion
13.1. The data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations. If the user data is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. I.e. the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for reasons of commercial or tax law.
13.2. In accordance with legal requirements, storage is for 6 years pursuant to Section 257 (1) HGB (commercial books, inventories, opening balances, annual financial statements, commercial letters, accounting vouchers, etc.) and for 10 years pursuant to Section 147 (1) AO (books, records, management reports, accounting vouchers, commercial and business letters, documents relevant for taxation, etc.).
14. Right of objection
Users may object to the future processing of their personal data in accordance with the legal requirements at any time. The objection can be made in particular against the processing for purposes of direct advertising.
15. Contact person for data protection
For questions about the collection, processing or use of personal data, for information or for corrections, blocking or deletion of data and revocation of consents granted, the data subject should contact:
portraitbox GmbH
Am Steinhof 4a
33106 Paderborn, Deutschland
David Wendt (CEO)
Email: support@portraitbox.com
Phone: 05254 / 9362411
16. Technical service providers
- Hosting
dogado GmbH, Antonio-Segni-Str. 11, 44263 Dortmund, Germany
Domainfactory GmbH, Oskar-Messter-Str. 33, 85737 Ismaning, Germany
Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, Germany
Strato AG, Pascalstraße 10, 10587 Berlin, Germany - Cloud Hosting
Amazon Web Services, Inc., 1200 12th Avenue South, Suite 1200, Seattle, WA 98144-2734, United States
(we host on Amazon servers in the European Union) - Newsletter dispatch
Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany
17. Changes to the privacy policy
17.1. We reserve the right to change the privacy policy in order to adapt it to changed legal situations, or in the event of changes to the service as well as data processing. However, this only applies with regard to declarations on data processing. Insofar as user consents are required or components of the data protection declaration contain provisions of the contractual relationship with the users, the changes will only be made with the consent of the users.
17.2. Users are requested to inform themselves regularly about the content of the privacy policy.