Privacy policy


Data protection at a glance

 

1. general information

The following notes provide a simple overview of what happens to your personal data when you visit our website. Personal data are all data with which you can be personally identified. For detailed information on the subject of data protection, please refer to our data protection declaration listed below this text.

The terms used here are specified by the legislator in the Basic Data Protection Regulation (hereinafter also DSGVO), which you can download from the following link:

http://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32016R0679&from=DE

Our privacy policy is intended to inform you in a simple and understandable way about the processing of your personal data on our website.

 

2. subject of the declaration

Thank you for your interest in our website and the offers presented there.

We see it as a great and important task to protect your personal data. In the following, we would therefore like to inform you in detail about which data is collected during your visit to our website, the use of our offers presented there and how it is processed or used by us in the following. In addition, we also inform you about the accompanying protective measures we have taken in technical and organisational terms.

The processing of personal data, such as name, address, e-mail address or telephone number of a person concerned, is always carried out in compliance with the applicable data protection regulations. With this data protection declaration, we would like to inform you about the type, scope and purpose of the personal data collected, used and processed by us and, if you are affected by the data processing, to inform you.

Although we, as the person responsible for processing personal data, have implemented numerous technical and organisational measures, an Internet-based data transmission can in principle have security gaps, so that absolute protection cannot be guaranteed. We ask you to take this into account when using our website.

 

3rd responsible position

The person responsible for data processing on this website is

Pro-Ma Sport & Media GmbH

Managing Director: Horst Mauelshagen

Wittkampstraße 5

45475 Mülheim

Germany

Phone: +49 208 41197733

e-mail: promasportfoto@icloud.com

Responsible body is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g. names, e-mail addresses, etc.).

 

4. personal data/ storage period, deletion and blocking

Unless otherwise regulated in the respective processing of personal data in Chapter B of this data protection declaration, the data stored by us will be deleted as soon as they are no longer required for their intended purpose and no legal obligations to retain data conflict with the deletion. If the data of the person concerned is not deleted because it is required for other and legally permissible purposes, its processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data of the data subject that must be retained for commercial or tax law reasons.

According to the legal requirements, the data is stored for six years in accordance with § 257 Paragraph 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting vouchers, etc.) and for ten years in accordance with § 147 Paragraph 1 AO (books, records, management reports, accounting vouchers, commercial and business letters, etc.).

 

5. affected persons and their rights:

 

5.a Right of confirmation

  • All data subjects have been entitled by the European legislator to obtain confirmation from the controller as to whether personal data relating to them can be processed. If a data subject wishes to exercise this right of confirmation, he or she may contact us at any time.

 

5.b Right to information

  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries and/or international organisations
  • the purpose of the processing
  • Categories of personal data processed
  • the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • categories of recipients or recipients to whom the personal data have been or will be disclosed, in particular in the case of recipients in third countries or organisations operating internationally
  • Information on whether there is a right of appeal to a supervisory authority
  • if personal data are not collected from data subjects: All available information on the origin of this data
  • information on existing automated decision-making processes, including profiling, in accordance with Article 22 (1) and (4) of the DPA and, at least in these cases, meaningful information on the logic involved and the extent and intended impact of such processing on data subjects
  • data subjects shall also have the right to obtain confirmation as to whether personal data have been transferred to a third country or to an internationally operating organisation. If this is the case, the data subject shall also have the right to obtain information on any appropriate safeguards relating to the transfer. If a data subject wishes to exercise this right of access, he or she may contact us at any time
  • if a data subject wishes to exercise this right of access, he or she may contact us at any time

 

5.c Right of rectification

  • all persons concerned by the processing of personal data have the right to request the rectification without delay of inaccurate personal data concerning them. Furthermore, data subjects shall have the right to obtain the completion of incomplete personal data in the form of a supplementary declaration, taking into account the purpose of the processing.
  • if a data subject wishes to exercise this right of rectification, he/she may ask us to do so at any time.

 

5.d Right of cancellation

  • every person concerned by the processing of personal data shall have the right to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary
  • personal data were collected for purposes or otherwise processed for which they are no longer necessary
  • If the consent of a data subject on which processing was based pursuant to Article 6(1)(a) DPA or Article 9(2)(a) DPA is withdrawn and there is no other legal basis for the processing.
  • If the data subject objects to the processing pursuant to Article 21 paragraph 1 FADP and there are no legitimate grounds for processing that take precedence, or if the data subject objects to the processing pursuant to Article 21 paragraph 2 FADP.
  • Personal data 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 collection is based on information society services offered in accordance with Article 8 Paragraph 1 DSGVO.
  • In the event that one of the above reasons applies and a person concerned wishes to arrange for the deletion of personal data stored by Pro-Ma Sport & Media GmbH, they can contact us at any time. We will ensure that the request for deletion is complied with immediately.
  • If the personal data has been published by Pro-Ma Sport & Media GmbH and Pro-Ma Sport & Media GmbH has been appointed as the person responsible in accordance with Art. 17 para. 1 DSGVO, Pro-Ma Sport & Media GmbH will take appropriate measures - including technical measures - taking into account the available technology and the implementation costs, to inform other data controllers who process or have processed the published personal data that the data subject has requested these other data controllers to delete all links to this personal data or copies or replications of this personal data, unless the processing is necessary. In each individual case, we will take the necessary steps.

 

5.e Right to limit the processing

  • All persons concerned by the processing of personal data have the right to obtain from the controller the restriction of the processing if one of the following conditions applies:
  • the accuracy of the personal data has been disputed by the data subject for a period enabling the controller to check the accuracy of the personal data
  • The processing is not lawful and the data subject refuses to have the personal data deleted and requests in its place the restriction of the use of the personal data.
  • The controller no longer needs the personal data for the purposes of the processing, but the data subject needs the personal data for the purpose of asserting, exercising or defending legal claims.
  • In the event of the data subject's objection to the processing pursuant to Art. 21 (1) DPA and it is not yet clear whether the controller's legitimate reasons outweigh those of the data subject.
  • If one of the aforementioned cases exists and a data subject wishes to request the restriction of personal data stored by Pro-Ma Sport & Media GmbH, he/she may contact us at any time. We will then arrange for the restriction of processing.

 

5.f Data transferability law

  • All persons concerned by the processing of personal data are entitled to receive personal data relating to them which have been supplied by the data subject to a controller in a structured, standard and machine-readable format. The data subject shall also be entitled to have such data communicated to another controller in a way which prevents the controller to whom the personal data have been disclosed from exercising his or her right of access, provided that the processing is based on the consent pursuant to Article 6(1)(a) DPA or Article 9(2)(a) DPA or on a contract pursuant to Article 6(1)(b) DPA and that the processing is carried out with the aid 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 its legal right to data transferability in accordance with Art. 20 Para. 1 DSGVO, the data subject is entitled to have the personal data transferred directly from one controller to another controller, insofar as this is technically feasible and does not affect the legal rights and freedoms of other persons.
  • To enforce the right to data transferability, affected persons can contact us at any time.

 

5.g Right of objection

  • Every person concerned by the processing of personal data is entitled to object at any time, on grounds arising from his or her particular situation - which are specific to him or her - to the processing of personal data relating to him or her that is carried out pursuant to Article 6(1)(e) or (f) FADP. This also applies to profiling based on these provisions.
  • Pro-Ma Sport & Media GmbH does not process any personal data in the event of an objection, except where we can prove compelling reasons for processing that are worthy of protection and outweigh the interests, rights and freedoms of the person concerned, or where the processing serves to assert, exercise or defend legal claims.
  • If Pro-Ma Sport & Media GmbH processes personal data in order to carry out direct advertising, the person concerned is entitled to object to the processing of personal data for the purpose of such advertising at any time. This also applies to related profiling, insofar as it is carried out in conjunction with such direct advertising. If the data subject objects to Pro-Ma Sport & Media GmbH processing for the purpose of direct advertising, Pro-Ma Sport & Media GmbH will no longer process personal data for these purposes.
  • Furthermore, the data subject is entitled to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at Pro-Ma Sport & Media GmbH for the purpose of scientific or historical research or for statistical purposes in accordance with Art. 89 Para. 1 DSGVO, unless such processing is necessary to fulfil a task in the public interest.
  • The legal exercise of the objection can be made directly to us by the person concerned. The data subject is free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.

 

5.h Automated decisions including profiling on a case-by-case basis

  • Any person concerned by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling where applicable, which produces legal effects concerning him or her or significantly affects him or her in a similar way, unless the decision
  • is necessary for the performance or conclusion of a contract between the data subject and the controller, or
  • on the basis of Union or national legislation to which the controller is subject, and that legislation provides for appropriate measures to safeguard the freedoms and rights and legitimate interests of the data subject, or
  • with the express consent of the data subject.
  • If the decision
  • necessary for the performance or conclusion of a contract between the data subject and the controller, or
  • If it is done with the express consent of the person concerned, Pro-Ma Sport & Media GmbH will take appropriate measures to protect the freedoms and rights as well as the legitimate interests of all persons concerned, which at least includes the right to enforce the intervention of a person on the part of the responsible person, to present its own position and to challenge the decision.
  • If the data subject wishes to exercise his or her rights in relation to automated decisions, he or she may contact us at any time.

 

5.i Right to revoke a data protection consent

  • Any person affected by the processing of personal data has the right to withdraw his or her consent to the processing of personal data at any time.
  • If the data subject is willing to enforce his or her right to revoke consent, he or she may contact us at any time.
  • Every data subject can contact us directly at any time with all questions and suggestions regarding data protection.

 

5.j Right to complain to a data protection supervisory authority

  • Any person affected by the processing of personal data is entitled to complain to a data protection supervisory authority about the processing of your personal data by us.

 

6. legal basis of the processing

  • Unless otherwise stated in the following special provisions on data processing on our website, the following provisions shall apply.
  • Art. 6 I lit. a DSGVO serves Pro-Ma Sport & Media GmbH as a legal basis for processing operations for which consent must be obtained 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, the processing is based on Art. 6 I lit. b DSGVO. The same applies to processing operations which are necessary for the performance of pre-contractual measures, for example in the case of inquiries about our services and products. If Pro-Ma Sport & Media GmbH is subject to a legal obligation that requires the processing of personal data, the processing is based on Art. 6 I lit. c DSGVO. In a few cases the processing of personal data may be necessary to protect vital interests of the data subject or another natural person. In this case, the processing is based on Art. 6 I lit. d DSGVO. Processing operations could also be based on Art. 6 I lit. f DSGVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of Pro-Ma Sport & Media GmbH or a third party, insofar as the interests, fundamental freedoms and fundamental rights of the data subject do not prevail. We are permitted to carry out processing operations in this regard in particular because they have been specifically mentioned by the European legislator (see Recital 47 Sentence 2 DSGVO).

 

7. consideration of legitimate interests

  • Unless otherwise provided in the description of the respective data processing operation in the special provisions for data processing on our website and unless the processing of personal data is based on Article 6 I lit. f DSGVO, our legitimate interest is in the performance of our business activities and the economic interest associated with them.

 

8. data protection when using our contact data

  • If you use the contact data provided on our website (such as our e-mail address and/or fax number) to establish contact with us, the personal data you provide will only be processed for the purpose of establishing contact.
  • Insofar as the reason for contacting us is the interest in our services or products or the fulfilment of a contract with us, the legal basis is based on Art. 6 para. 1 lit. b DSGVO. In all other contacts, we have a legitimate interest in accordance with Art. 6 para. 1 lit. f DSGVO in data processing on the basis of the communication you have triggered.
  • We store the data required for the processing of a contract until the expiry of the statutory warranty and, if applicable, contractual guarantee periods. We store the data required under commercial and tax law until the expiry of the legally specified periods, regularly ten years (cf. § 257 HGB, § 147 AO). The data processed for the implementation of pre-contractual measures will be deleted as soon as the measures have been carried out and it is clear that the contract will not be concluded.
  • Personal data will be stored on the basis of a legitimate interest until the purpose of the contact has been achieved. You are entitled to object at any time to data processing which is carried out on the basis of Art. 6 Para. 1 f) DSGVO and which is not used for direct advertising, for reasons arising from your particular situation. In the case of direct advertising, however, you may object to the processing at any time without giving reasons.
  • The personal data processed in accordance with this regulation is received by IT service providers (in particular hosters) with whom we have agreed on corresponding order processing in accordance with Art. 28 DSGVO.

 

9. data protection in applications and in the application process

  • We process personal data of applicants which we collect for the purpose of carrying out the application procedure on the basis of a pre-contractual measure in the sense of Art. 6 Para. 1 lit. b DSGVO or our legitimate interest in the employment of employees in accordance with Art. 6 Para. 1 lit. f DSGVO.
  • The processing may also be carried out electronically, for example if an applicant for a job forwards relevant application documents to us electronically, e.g. by e-mail or via our contact form. If we employ an applicant, the forwarded data will be stored in compliance with the statutory provisions for the purpose of processing the employment relationship. If the data controller does not employ the applicant, the application documents are automatically deleted two months after notification of rejection, unless the deletion is contrary to other legitimate interests of the data controller. An interest in this sense is, for example, an obligation to provide evidence in proceedings under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG).
  • Recipients of the digitally recorded applications of the personal data processed are our IT service providers (in particular hosters), with whom we have entered into corresponding contract processing agreements within the meaning of Art. 28 DSGVO.

 

10. amendments to these data protection provisions

Pro-Ma Sport & Media GmbH legally reserves the right to change these data protection regulations at any time with future effect. The current version is available on the website. Please visit the website at regular intervals and inform yourself about the currently valid data protection regulations.

                                              

Special provisions on data processing on our website

 

1. collection and use of your data

The extent and nature of the collection and use of your data differ depending on whether you visit our website only to call up information or to take advantage of the services offered, such as the conclusion of a contract via the website, and/or register if necessary.

 

2. informational use/ collected data/ cookies

(I) In the case of exclusively informational use of the website, for example if you do not make a booking through our website or otherwise provide us with information, we only collect the personal data that your browser passes on to our server. In the case of exclusive use of our website, we collect the following data, which is technically necessary for us to display our website and to ensure stability and security (legal basis is Art. 6 para. 1 sentence 1 lit. f DSGVO):

  •  Date and time of the request
  • Time zone difference to Greenwich Mean Time (GMT)
  • Content of the request (concrete page)
  • Access status/HTTP status code
  • Amount of data transmitted in each case
  • Website from which the request comes
  • Browser
  • Operating system and its interface
  • Language and version of the browser software.

 

(II) The data processed in the case of exclusive informative use of the website will be stored for the purposes indicated for a maximum period of 30 days and then deleted.

(III) In addition to the aforementioned data, cookies are stored on your computer when you use our website. This is done because of our legitimate interest in the optimisation and economic operation of our Internet offer in accordance with Art. 6 Para. 1 letter f DSGVO. Cookies are small text files which are stored on your hard disk assigned to the browser you are using and through which certain information flows to the location which sets the cookie (in this case by us). Cookies are not able to execute programs or transfer viruses to your computer. Their purpose is to make the Internet offer as a whole more user-friendly and effective.

(IV) Use of cookies:

 

(1) Our website uses the following types of cookies, the scope and function of which are explained below:

  • Transient cookies (to 2)
  • Persistent cookies (to 3).

(2) Transient cookies are automatically deleted when the browser is closed. These include in particular session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common

Assign session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close your browser.

(3) Persistent cookies are automatically deleted after a preset period of time, which varies depending on the cookie and can be several years. The deletion of the cookies can be done at any time in your browser in the security settings.

(4) You can configure your browser settings according to your wishes and, for example, exclude the acceptance of third-party cookies or all cookies. Please note that you may not be able to use all the functions of this website.

(5) To be able to identify you for subsequent visits, we use cookies if you have an account with us. Otherwise you would have to log in again for each visit.

(V) Recipients of the data processed in accordance with the above paragraphs are IT service providers (in particular hosters) with whom corresponding agreements on order processing exist in accordance with Art. 28 DSGVO.

 

3. use of offers on our website

If you wish to make use of the services offered on our website, such as the use of our image database, it is necessary to provide additional personal data. Details can be taken from the following catalogue of rules.

Data processing for the purpose of contract conclusion

(I) Your personal data, which you provide to us during the registration process, is necessary for the conclusion of a contract with us (e.g. details of the contractual partner), necessary for the execution of the contract or required by law (e.g. tax regulations). Failure to provide us with personal data would mean that the contract with you could not be concluded and the contractual service could not be provided. For some payment procedures, we require the necessary payment data in order to forward them to a payment service provider commissioned by us.

If you send us an enquiry by e-mail, via a contact form or conclude a contract via our website before the conclusion of the contract, we process the data received in this way to carry out pre-contractual measures and answer, for example, your questions about our services or products.

You can voluntarily create a customer account, with which we are able to store your data for later purchases. When you create an account under "My Account", the data you provide will be stored revocably. You can delete all other data, including your user account, at any time in the customer area.

The processing of your entered data is carried out for the purpose of fulfilling the contract or to carry out pre-contractual measures according to Art. 6 para. 1 b DSGVO and to comply with legal obligations according to Art. 6 para. 1 c DSGVO.

(II) Recipients of personal data processed in accordance with this regulation are payment service providers, shipping service providers, IT service providers (especially hosting) with whom we have concluded appropriate order processing agreements in accordance with Art. 28 DSGVO.

(III) We store the data required for the processing of the contract until the expiry of the statutory warranty and, if applicable, contractual guarantee periods. We store the data required under commercial and tax law for the legally defined periods, regularly ten years (cf. § 257 HGB, § 147 AO). We delete the data processed to carry out pre-contractual measures as soon as the measures have been carried out and it is evident that the contract will not be concluded.

 

4. security measures

In accordance with the state of the art, we take organisational, contractual and technical security measures to comply with data protection regulations and to protect the data processed by us against accidental or intentional manipulation, loss, destruction or access by unauthorised third parties.

The security measures include in particular the encrypted transmission of data between our server and your browser.

 

 

 

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