We are very pleased about your interest in our company. Data protection has a particularly high value for the management of Akasha-Phoenix. A use of the internet pages of Akasha-Phoenix is basically possible without any indication of personal data. However, if a person concerned would like to make use of special services of our company via our internet site, a processing of personal data might be necessary. If the processing of personal data is necessary and exists for such processing
The processing of personal data, for example the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the basic data protection regulation and in compliance with the country-specific data protection regulations applicable to Akasha-Phoenix. By means of this data protection declaration, our company wishes to inform the public about the type, scope and purpose of the personal data collected, used and processed by us. Akasha-Phoenix, as the data controller, has implemented numerous technical and organizational measures to ensure the complete protection of the personal data processed through this website. Nevertheless, Internet-based data transmissions can have security gaps, so that an absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.
The data protection declaration of Akasha-Phoenix is based on the terminology used by the European legislator for directives and regulations when the basic data protection regulation (DS-GVO) was issued. Our data protection declaration should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terms used in advance.
We use the following terms in this data protection declaration, among others:
a) personal data
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 on-line identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(b) data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing is any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.
Pseudonymisation is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the need for additional information, provided that this additional information is kept separately and is subject to technical and organisational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
(g) Controller or data controller
Controller or data 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. Where the purposes and means of such processing are determined by Union law or by the law of the Member States, provision may be made for the controller to be designated in accordance with Union law or the law of the Member States.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, are not considered to be recipients.
(j) Third parties
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.
Consent is any freely given, informed and unequivocal expression of will by the data subject in a specific case, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. the name and address of the controller
The person responsible within the meaning of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature is
Owner Mario Münzer
Baden-Württemberg / Germany
phone: +49 6203-6731888
3. collection of general data and information
The Akasha-Phoenix website collects a number of general data and information with each visit to the website by a data subject or automated system. These general data and information are stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the internet page from which an accessing system reaches our internet page (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our internet page, (5) the date and time of an access to the internet page, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system, and (8) other similar data and information which serve to prevent danger in case of attacks on our information technology systems.
When using these general data and information Akasha-Phoenix does not draw any conclusions about the person concerned. This information is rather required in order to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) to ensure the permanent operability of our information technology systems and the technology of our website as well as (4) to provide law enforcement agencies with the information necessary for criminal prosecution in case of a cyber attack. These anonymously collected data and information are therefore statistically evaluated by Akasha-Phoenix on the one hand and furthermore with the aim to increase data protection and data security in our company in order to ultimately ensure an optimal protection level for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a person concerned.
4. routine deletion and blocking of personal data
The data controller processes and stores personal data of the data subject only for the time necessary to achieve the purpose of storage or if provided for by the European Directives and Regulations or by any other law or regulation to which the data controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
5. rights of the person concerned
(a) Right to confirmation
Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
b) Right of access
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the data controller information on the personal data stored about him or her and a copy of this information. In addition, the European Data Protection Supervisor has granted the data subject access to the following information:
the purposes of the processing
the categories of personal data processed
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular, in the case of recipients in third countries or international organisations, if possible, the envisaged duration for which the personal data will be kept or, if that is not possible, the criteria for determining that duration
the existence of a right of rectification or erasure of personal data relating to them or of a right of objection to their processing by the controller
the existence of a right of appeal to a supervisory authority
if the personal data are not collected from the data subject: all available information on the origin of the data
the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DPA and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
To exercise this right of access, the data subject may at any time contact a member of the controller's staff.
c) Right of rectification
Any person affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of incorrect personal data concerning him. The data subject also has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact a member of staff of the controller.
d) Right of deletion (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and where the processing is not necessary:
the personal data have been collected or otherwise processed for purposes for which they are no longer necessary
the data subject withdraws the consent on which the processing was based under Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA and there is no other legal basis for the processing.
The data subject lodges an objection to the processing in accordance with Article 21(1) of the DS-BER and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing in accordance with Article 21(2) of the DS-BER.
The personal data were processed unlawfully.
The deletion of personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data were collected in relation to information society services offered, in accordance with Article 8(1) of the DS-GVO.
If any of the above reasons apply and a data subject wishes to have personal data held by Akasha-Phoenix deleted, he/she may at any time contact an employee of the data controller. The employee of Akasha-Phoenix will arrange for the deletion request to be complied with immediately.
If the personal data have been made public by Akasha-Phoenix and our company as the responsible person is obliged to delete the personal data according to Art. 17 para. 1 DS-GVO, Akasha-Phoenix will take reasonable measures, including technical measures, taking into account the available technology and the implementation costs, to inform other data controllers who process the published personal data that the data subject has requested these other data controllers to delete all links to these personal data or copies or replications of these personal data, unless the processing is necessary. The employee of Akasha-Phoenix will take the necessary steps in individual cases.
e) Right to restrict processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:
the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data
the processing is unlawful, the data subject refuses to have the personal data deleted and instead requests that the use of the personal data be restricted.
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
The data subject has lodged an objection to the processing in accordance with Article 21 (1) of the DPA and it is not yet clear whether the legitimate reasons given by the controller outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at Akasha-Phoenix, he/she may contact an employee of the data controller at any time. The Akasha-Phoenix employee will arrange for the restriction of the processing.
f) Right to data transferability
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her, which have been provided by the data subject to a data controller, in a structured, common and machine-readable format. He/she also has the right to have these data communicated to another controller without hindrance by the controller to whom the personal data have been made available, provided that the processing is based on the consent pursuant to Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA or on a contract pursuant to Article 6(1)(b) of the DPA, and provided that the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
In addition, when exercising their right to data transfer in accordance with Article 20 paragraph 1 of the DPA, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data transferability, the person concerned can contact an employee of Akasha-Phoenix at any time.
g) Right of opposition
Every person concerned by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6(1)(e) or (f) of the DPA. This also applies to profiling based on these provisions.
In the event of an objection, Akasha-Phoenix will no longer process the personal data, unless we can prove compelling reasons for processing which are worthy of protection and which outweigh the interests, rights and freedoms of the person concerned, or unless the processing serves the assertion, exercise or defence of legal claims.
Where Akasha-Phoenix processes personal data for the purpose of direct marketing, the data subject shall have the right to object, at any time, to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is related to such direct marketing. If the data subject objects to Akasha-Phoenix processing for the purposes of direct marketing, Akasha-Phoenix will no longer process the personal data for those purposes.
In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data relating to him or her carried out at the Akasha-Phoenix for the purposes of scientific or historical research or for statistical purposes in accordance with Article 89 (1) of the DPA, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right of objection, the data subject may directly contact any employee of the Akasha-Phoenix or any other employee. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
h) Automated decisions on a case-by-case basis, including profiling
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or national legislation to which the controller is subject and such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
Where the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) with the express consent of the data subject, the Akashaphoenix shall take appropriate measures to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of the controller, to put forward his point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of staff of the controller.
(i) Right to withdraw data protection consent
Every person affected by the processing of personal data has the right granted by the European Directive and Regulation Giver to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact a member of staff of the controller.
The data controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is a social meeting place operated on the Internet, an online community that generally enables users to communicate with each other and interact in virtual space. A social network can serve as a platform for the exchange of opinions and experiences or enables the Internet community to provide personal or company-related information. Facebook enables users of the social network to create private profiles, upload photos and network via friend requests, among other things.
The operating company of Facebook is Facebook, Inc. 1 Hacker Way, Menlo Park, CA 94025, USA. The person responsible for processing personal data, if a data subject lives outside the USA or Canada, is Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Each time a user accesses one of the individual pages of this website, operated by the data controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the relevant Facebook component to download a representation of the relevant Facebook component from Facebook. A complete overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=de_DE. In the course of this technical process, Facebook is informed which specific subpage of our website is visited by the person concerned.
If the person concerned is logged in to Facebook at the same time, Facebook recognises which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Facebook component and assigned by Facebook to the respective Facebook account of the person concerned. If the person concerned presses one of the Facebook buttons integrated on our website, for example the "Like" button, or if the person concerned makes a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and stores this personal data.
Facebook receives information via the Facebook component that the person concerned has visited our website if the person concerned was visiting our website at the time of the This takes place regardless of whether the person concerned clicks on the Facebook component or not. If the data subject does not want this information to be transmitted to Facebook, he or she can prevent the transmission by logging out of his or her Facebook account before accessing our website.
The data policy published by Facebook, which can be accessed at https://de-de.facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. It also explains which setting options Facebook offers to protect the privacy of the person concerned. In addition, various applications are available that make it possible to suppress data transmission to Facebook. Such applications can be used by the person concerned to suppress data transfer to Facebook.
7. data protection regulations on the use and application of Google Analytics (with anonymisation function)
The person responsible for processing has integrated the Google Analytics component (with anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the collection, collection and evaluation of data on the behaviour of visitors to websites. Among other things, a web analysis service collects data about the website from which a person concerned came to a website (so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. A web analysis is mainly used to optimise a website and for cost-benefit analysis of internet advertising.
The operating company of the Google Analytics component is Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the addition "_gat._anonymizeIp" for web analysis via Google Analytics. By means of this addition, the IP address of the Internet connection of the person concerned is shortened by Google and made anonymous if the access to our Internet pages is from a member state of the European Union or from another state which is a party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Among other things, Google uses the data and information obtained to evaluate the use of our website in order to compile online reports for us which show the activities on our website and to provide further services in connection with the use of our website.
Google Analytics places a cookie on the information technology system of the person concerned. What cookies are has already been explained above. By setting the cookie, Google is enabled to analyse the use of our website. Each time one of the individual pages of this website is called up, which is operated by the person responsible for processing and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. In the course of this technical process, Google obtains knowledge of personal data, such as the IP address of the person concerned, which Google uses, among other things, to trace the origin of visitors and clicks and subsequently to enable commission settlements.
The cookie is used to store personal information, such as the time of access, the place from which access was made and the frequency of visits to our website by the person concerned. Each time our website is visited, this personal data, including the IP address of the Internet connection used by the person concerned, is transmitted to Google in the United States of America. This personal data is stored by Google in the United States of America. Google may pass on this personal data collected via the technical process to third parties.
The person concerned can prevent the setting of cookies by our website, as described above, at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
8. data protection regulations on the use and application of Twitter
The data controller has integrated components of Twitter on this website. Twitter is a multilingual microblogging service open to the public, where users can post and distribute so-called tweets, i.e. short messages limited to 280 characters. These short messages can be accessed by everyone, including those who are not registered with Twitter. However, the tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow the tweets of a user. Furthermore, Twitter enables the addressing of a broad audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc. 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
Each visit to one of the individual pages of this website, which is operated by the data controller and on which a Twitter component (Twitter button)
has been integrated, the Internet browser on the information technology system of the person concerned is automatically prompted by the respective Twitter component to download a representation of the corresponding Twitter component from Twitter. Further information on the Twitter buttons is available at https://about.twitter.com/de/resources/buttons. As part of this technical procedure, Twitter is informed which specific subpage of our website is visited by the data subject. The purpose of integrating the Twitter component is to enable our users to disseminate the content of this website, to make this website known in the digital world and to increase our visitor numbers.
If the person concerned is logged on to Twitter at the same time, Twitter will recognise which specific subpage of our website the person concerned is visiting each time the person concerned calls up our website and for the entire duration of their stay on our website. This information is collected by the Twitter component and assigned by Twitter to the respective Twitter account of the person concerned. If the person concerned clicks on one of the Twitter buttons integrated on our website, the data and information transmitted in this way is assigned to the personal Twitter user account of the person concerned and stored and processed by Twitter.
Twitter receives information via the Twitter component that the person concerned has visited our website if the person concerned is logged on to Twitter at the same time as accessing our website; this takes place regardless of whether the person concerned clicks on the Twitter component or not. If the data subject does not wish this information to be sent to Twitter, he or she can prevent it from being sent by logging out of his or her Twitter account before accessing our website.
The applicable data protection regulations of Twitter are available at https://twitter.com/privacy?lang=de.
9. legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is a party, as is the case, for example, with processing operations necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were to be injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. In this case the processing would be based on Art. 6 I lit. d DS-GVO. Finally, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations not covered by any of the above legal bases are based on this legal basis if, in order to safeguard a legitimate interest of our company or of a third party is necessary, provided that the interests, fundamental rights and freedoms of the person concerned do not outweigh these. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the person responsible (Recital 47 Sentence 2 DS-GVO).
10) Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
11. duration for which personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of the period, the corresponding data is routinely deleted if it is no longer required for the fulfilment or initiation of a contract.
12. legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available, the person concerned must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
13. existence of automated decision making
As a responsible company, we avoid automatic decision making or profiling.
This data protection declaration was created by the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Berlin, in cooperation with the Cologne-based IT and data protection lawyer Christian Solmecke.