Information according to § 5 TMG (German Telemedia Act)
Caprea
c/o AutorenServices.de
Birkenallee 24
36037 Fulda
Represented by:
Caprea Nox
Email: caprea.hypnose@gmail.com
Important: No postal deliveries from private persons without prior e-mail notification. Especially packages will not be accepted without prior notice!
Website: Vanessa Kurz
Photography / Videography: Carolin Auer
Exclusion of liability
Liability for contents
As a service provider, we are responsible for our own content on these pages in accordance with § 7 Para. 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.
Liability for links
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.
Copyright
The contents and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
Data protection and data collection according to Art. 6 DGSVO
This data protection declaration informs you about 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 profiles. (hereinafter collectively referred to as “online offer”). 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).
General:
The use of our website is generally possible without providing personal data. Insofar as personal data (for example, name, address or e-mail addresses) are collected on our pages, this is always done, as far as possible, on a voluntary basis. This data will not be passed on to third parties without your express consent. A detailed breakdown of data processing and its storage can be found below.
The security of your data is important to us and is protected by a variety of measures. However, we would like to point out that data transmission on the Internet can have security gaps.
The use of contact data published within the framework of the imprint obligation by third parties for the purpose of sending unsolicited advertising and information materials is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam mails.
What kinds of data will be processed via this site?
For the general use of the website, an age verification (only for users over 18 years) takes place for youth protection reasons.
In addition, only those data are transmitted during use that are collected by third parties (e.g. website host) for every conventional website. These types of data are in particular usage data (e.g., web pages visited, interest in content, access times) and meta/communication data (e.g., device information, IP addresses).
For all other data, you will always be asked personally – for example, if you want to make a purchase through this website.
The following forms of data can additionally be provided by users of this website:
– Inventory data (e.g., names).
– Contact data (e.g., e-mail, telephone numbers).
– Content data (e.g., text input).
– Contract data (e.g., subject matter of contract, term, customer category).
– Payment data (e.g., bank details).
– Special categories of data (e.g., information on sexual orientation).
For this we obtain, if necessary, according to Art. 6 para. 1 lit. a., Art. 7, Art. 9 para. 2 lit. a. DSGVO an explicit consent of the clients and process the special categories of data otherwise for purposes of health care on the basis of Art. 9 para. 2 lit h. DSGVO, § 22 para. 1 no. 1 b. BDSG.
When will my data be deleted?
The deletion of data is carried out in accordance with Art. 17 and 18 DSGVO. Therefore, as soon as possible whenever the data is no longer required for the fulfillment of contractual or legal duties of care as well as dealing with any warranty and comparable obligations, whereby the necessity of retaining the data is reviewed every three years; otherwise, the statutory retention obligations apply.
If the 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 data that must be retained for reasons of commercial or tax law.
What purposes does the processing of my data serve?
– Answering contact requests and communication with users.
– Providing contractual services, service and customer care.
– Marketing and advertising
– Security measures
– Provision of the online offer, its contents and store functions.
Clarification of important technical terms
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “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 upon personal data, whether or not by automatic means. The term is broad and encompasses virtually any handling of data.
“Controller” means 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.
What are the legal bases for the measures listed here?
The legal basis for obtaining consent is Art. 6(1)(a) and Art. 7 DSGVO, the legal basis for processing for the performance of our services and implementation of contractual measures and responding to requests is Art. 6(1)(b) DSGVO, the legal basis for processing for the performance of our legal obligations is Art. 6(1)(c) DSGVO, and the legal basis for processing for the protection of our legitimate interests is Art. 6(1)(f) DSGVO. In the event that vital interests of the data subject or another natural person require processing of personal data, Art. 6 (1) lit. d DSGVO serves as the legal basis.
What if something changes? (e.g. new legislative decisions)
We ask you to regularly inform yourself about the content of our privacy policy. We adapt the data protection declaration as soon as the changes in the data processing carried out by us make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. active signal of consent) or other individual notification.
How secure is my data?
We take appropriate technical and organizational measures in accordance with Article 32 of the GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, circumstances and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk; The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access concerning them, input, disclosure, ensuring availability and their separation. Furthermore, we have established procedures to ensure the exercise of data subjects’ rights, deletion of data, and response to data compromise. Furthermore, we already take the protection of personal data into account during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and through data protection-friendly default settings (Art. 25 DSGVO).
The security measures include in particular the encrypted transmission of data between your browser and our server (from implementation of the online store).
To whom is my data disclosed or transferred?
If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, is required pursuant to Art. 6 para. 1 lit. b DSGVO is necessary for the performance of a contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, hosting providers, tax, business and legal advisors, customer care, accounting, billing and similar services that allow us to efficiently and effectively fulfill our contractual obligations, administrative tasks and duties).
If we entrust third parties with the processing of data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 DSGVO.
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this is done in the context of using third-party services or disclosing, or transferring data to third parties, this is only done if it is done to fulfill our (pre)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we process or allow the processing of data in a third country only if the special requirements of Art. 44 et seq. DSGVO are met. I.e. the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection that corresponds to the EU (e.g. for the USA by the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).
What rights do I have to my data?
– You have the right to request confirmation as to whether data in question is being processed and to information about this data, as well as further information and a copy of the data in accordance with Art. 15 DSGVO.
– You have according to. Art. 16 DSGVO the right to request the completion of the data concerning you or the correction of incorrect data concerning you.
– You have the right, in accordance with Art. 17 DSGVO, to demand that data concerning you be deleted without delay, or alternatively, in accordance with Art. 18 DSGVO, to demand restriction of the processing of the data.
– You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 DSGVO and to request that it be transferred to other data controllers.
– You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 DSGVO.
– You have the right to revoke any consent given in accordance with Art. 7 (3) DSGVO with effect for the future.
– You may object to the future processing of data relating to you in accordance with Art. 21 DSGVO at any time. The objection can be made in particular against the processing for purposes of direct marketing.
What are “cookies” and how are they handled?
Cookies” are small files that are stored on users’ computers. Different information can be stored within the cookies. The primary purpose of a cookie is to store information about a user (or the device on which the cookie is stored) during or after his visit to 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 his browser. Such a cookie may store, for example, the contents of a shopping cart in an online store or a login status.
Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent”. For example, the login status can be stored if users visit them after several days. Likewise, the interests of users can be stored in such a cookie, which is used for range measurement or marketing purposes. Third-party cookies” are cookies from providers other than the responsible party that operates the online offer (otherwise, if they are only its cookies, they are referred to as “first-party cookies”).
We use temporary and permanent cookies and explain this in 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 restrictions of this online offer.
Specific information on data processing
Order processing in the online store and customer account
We process the data of our customers in the context of ordering processes in our online store to enable them to select and order the selected products and services, as well as their payment and delivery, or execution.
The processed data includes inventory data, communication data, contract data, payment data and the data subjects are our customers, prospective customers and other business partners. The processing is carried out for the purpose of providing contractual services in the context of operating an online store, billing, delivery and customer services. In this context, we use session cookies for storing the shopping cart content and permanent cookies for storing the login status.
The processing is carried out on the basis of Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. In this context, the information marked as required is necessary for the justification and fulfillment of the contract. We disclose the data to third parties only in the context of delivery, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data is only processed in third countries if this is necessary for the fulfillment of the contract (e.g. at the request of the customer for delivery or payment).
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. User accounts are not public and cannot be indexed by search engines. 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 DSGVO. Information in the customer account remains until its deletion with subsequent archiving in the event of a legal obligation. It is the responsibility of the users to save their data in the event of termination before the end of the contract.
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 DSGVO.
The deletion takes place after the expiry of legal warranty and comparable obligations, the necessity of keeping the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry (end of commercial law (6 years) and tax law (10 years) storage obligation); information in the customer account remains until its deletion.
Contact and customer service
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 in accordance with Art. 6 Para. 1 lit. b) DSGVO.
We delete the requests if they are no longer necessary. We review the necessity every 3 years; we store requests from customers who have a customer account permanently and refer to the customer account details for deletion. Furthermore, the legal archiving obligations apply.
Collection of access data and log files
We collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, 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 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 reasons (e.g. for the clarification 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.
Viewing online presences/ links to social media
We maintain online presences on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO, we maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.
Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.
Amazon affiliate program
We are based on our legitimate interests (i.e. interest in the economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO), we are participants in the Amazon EU affiliate program, which is designed to provide a means for websites to earn advertising fees by placing ads and links to Amazon.co.uk. Amazon uses cookies to track the origin of orders. Among other things, Amazon can recognize that you have clicked the partner link on this website.
For more information about Amazon’s use of data, please see the company’s privacy policy: http://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401.
Remote communication for business processing & marketing
We use remote communication tools, such as e-mail, for business processing and marketing purposes. In doing so, we process inventory data, address and contact data as well as contract data of customers, participants, interested parties and communication partners.
The processing is based on Art. 6 para. 1 lit. a, Art. 7 DSGVO, Art. 6 para. 1 lit. f DSGVO in connection with legal requirements for promotional communications. Contact is only made with the consent of the contact partners or within the scope of legal permissions and the processed data is deleted as soon as it is not required and otherwise with objection/ revocation or discontinuation of the authorization basis or legal archiving obligations.
Newsletter
By subscribing to our newsletter, you agree to receive it and to the described procedures.
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 for the purpose of disseminating information about our products, offers and promotions, as well as other information on the subject of hypnosis and BDSM / eroticism.
The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail in which you will be 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, changes to your data stored with the shipping service provider are logged.
To register for the newsletter, it is sufficient to enter your e-mail address.
The newsletters contain a so-called “web beacon”, i.e. a pixel-sized file that is retrieved from our server or, if we use a dispatch service provider, from their server when the newsletter is opened. In the course 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 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, if used, 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.
Der Versand des Newsletters und die Erfolgsmessung erfolgen auf Grundlage einer Einwilligung der Empfänger gem. Art. 6 Abs. 1 lit. a, Art. 7 DSGVO i.V.m § 7 Abs. 2 Nr. 3 UWG bzw. auf Grundlage der gesetzlichen Erlaubnis gem. § 7 Abs. 3 UWG.
Newsletter recipients can cancel the receipt of our newsletter at any time, i.e. revoke their consents. You will find a link to cancel the newsletter at the end of each newsletter. At the same time, their consent to the performance measurement will expire. A separate cancellation of the performance measurement is unfortunately not possible, in this case the entire newsletter subscription must be cancelled. With the unsubscription from newsletter, the personal data will be deleted, unless their retention is legally required or justified, in which case their processing will be limited only to these exceptional purposes. In particular, we may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them for newsletter sending purposes, in order to be able to prove consent formerly given. The processing of this data is limited to the purpose of a possible defense against claims. An individual deletion request is possible at any time, provided that the former existence of consent is confirmed at the same time.
The dispatch of the newsletter is carried out by means of the dispatch service provider ALL-INKL.COM – Neue Medien Münnich, Hauptstraße 68, 02742 Friedersdorf. You can view the privacy policy of the dispatch service provider here: Privacy Information. The shipping service provider is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f. DSGVO and an order processing contract pursuant to Art. 28 para. 3 p. 1 DSGVO. The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.
Integration of third-party services and content
We use content or service providers within our online offer 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. DSGVO) 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.
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 customers use the payment services of third parties (e.g. PayPal or Sofortüberweisung), the terms and conditions and privacy notices of the respective third-party providers apply, which are available within the respective websites, or transaction applications.
– External fonts from Google, LLC., https://www.google.com/fonts (“Google Fonts”). The integration of Google Fonts is done by a server call at Google (usually in the USA). Privacy policy: https://policies.google.com/privacy, Opt-Out: https://adssettings.google.com/authenticated.
– Maps of the service “Google Maps” of the third-party provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.
– Videos from the “YouTube” platform of the third-party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.