We are very pleased about your interest in our studio. Data protection is of particular importance to the webpage of t-hink.de. It is generally possible to use the webpage t-hink.de without providing any personal data. However, if a data subject wishes to make use of special services of our studio via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.

The processing of personal data, such as the name, address, e-mail address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in accordance with the country-specific data protection provisions applicable to the webpage t-hink.de. By means of this data protection declaration, our studio would like to inform the public about the nature, scope and purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed of their rights by means of this data protection declaration.

As the controller, the webpage t-hink.de has implemented numerous technical and organizational measures to ensure the most complete protection possible for the personal data processed via this website. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The data protection declaration of the webpage t-hink.de is based on the terms used by the European Directive and Regulation Maker in the adoption of the General Data Protection Regulation (GDPR). 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, among others, in this data protection declaration:

• a) personal data

  Personal data is 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 online identifier or to 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 is any identified or identifiable natural person whose personal data are processed by the controller.

• c) processing

  Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, 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.

• e) profiling

  Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

• f) pseudonymisation

  Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

• g) Controller or controller responsible for the processing

  Controller or controller responsible for the processing 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 or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

• h) Processor

  Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

• i) Recipient

  Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

• j) Third party

  Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

• k) Consent

  Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

Controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:

Torsten Hink

Streitfeldstr. 33

81673 Munich

Germany

Tel.: +498926011901

E-mail: mail@t-hink.de

Website: www.t-hink.de

3. Cookies

The Internet pages of the webpage t-hink.de use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A particular Internet browser can be recognized and identified via the unique cookie ID.

By using cookies, the webpage t-hink.de can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized in the interests of the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter his access data each time he visits the website, because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping cart in the online shop. The online shop remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.

4. Collection of general data and information

The website of the webpage t-hink.de collects a series of general data and information each time the website is accessed by a data subject or an automated system. This general data and information is 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 website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites which are accessed via an accessing system on our website, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems may be recorded.

When using this general data and information, the webpage t-hink.de does not draw any conclusions about the data subject. Rather, this information is required to (1) deliver the contents of our website correctly, (2) optimize the contents of our website and the advertising for it, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by the webpage t-hink.de both statistically and with the aim of increasing data protection and data security in our studio in order to ultimately ensure an optimal level of protection 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 data subject.

5. Subscription to our newsletter

On the website of the webpage t-hink.de, users are given the opportunity to subscribe to our studio’s newsletter. Which personal data are transmitted to the controller when ordering the newsletter results from the input mask used for this purpose.

The webpage t-hink.de informs its customers and business partners at regular intervals by means of a newsletter about offers of the studio. The newsletter of our studio can only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter dispatch. For legal reasons, a confirmation e-mail in the double opt-in procedure is sent to the e-mail address registered for the first time by a data subject for newsletter dispatch. This confirmation e-mail serves to check whether the owner of the e-mail address as the data subject has authorized the receipt of the newsletter.

When registering for the newsletter, we also store the IP address assigned by the Internet service provider (ISP) of the computer system used by the data subject at the time of registration, as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later point in time and therefore serves to legally safeguard the controller.

The personal data collected as part of a newsletter registration will be used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes to the technical conditions. There will be no transfer of personal data collected as part of the newsletter service to third parties. The subscription to our newsletter can be terminated by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter dispatch can be revoked at any time. For the purpose of revocation of the consent, a corresponding link can be found in each newsletter. Furthermore, there is the possibility to unsubscribe from the newsletter dispatch at any time also directly on the website of the controller or to inform the controller in another way.

6. Newsletter tracking

The newsletters of the webpage t-hink.de contain so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in such e-mails that are sent in HTML format to enable a log file recording and a log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns to be carried out. Based on the embedded tracking pixel, the webpage t-hink.de can recognize if and when an e-mail was opened by a data subject and which links in the e-mail were accessed by the data subject.

Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimize the newsletter dispatch and to better adapt the content of future newsletters to the interests of the data subject. These personal data will not be disclosed to third parties. Data subjects are entitled at any time to revoke the relevant separate declaration of consent submitted via the double opt-in procedure. After a revocation, this personal data will be deleted by the controller. A cancellation of the receipt of the newsletter automatically interprets the webpage t-hink.de as a revocation.

7. Subscription to comments in the blog on the website

The comments made in the blog of the webpage t-hink.de can in principle be subscribed to by third parties. In particular, it is possible for a commentator to subscribe to the comments following his comment on a specific blog post.

If a data subject decides to subscribe to comments, the controller sends an automatic confirmation e-mail to check in the double opt-in procedure whether the owner of the e-mail address provided has really decided to opt for this option. The option to subscribe to comments can be terminated at any time.

8. Routine erasure and blocking of personal data

The controller shall process and store personal data of the data subject only for the period necessary to achieve the purpose of storage, or as provided for by the European Directive and Regulation Maker or another legislator in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply or if a storage period prescribed by the European Directive and Regulation Maker or another competent legislator expires, the personal data shall be routinely blocked or deleted in accordance with the statutory provisions.

9. Rights of the data subject

• a) Right to confirmation

  Every data subject has the right granted by the European Directive and Regulation Maker to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to exercise this right to confirmation, he or she may, at any time, contact an employee of the controller.

• b) Right to information

  Any data subject affected by the processing of personal data has the right granted by the European Directive and Regulation Maker to obtain at any time, free of charge, from the controller information about the personal data stored about him or her and a copy of this information. Furthermore, the European Directive and Regulation Maker has granted the data subject access to the following information:

  • the processing purposes
  • the categories of personal data that are processed
  • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
  • if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
  • the existence of a right to rectification or erasure of personal data concerning them or to restriction of processing by the controller or a right to object to such processing
  • 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) GDPR, and — at least in these cases — meaningful information about the logic involved and the scope and intended effects of such processing for the data subject

  Furthermore, the data subject has a right to information as to 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 obtain information about the appropriate guarantees in connection with the transfer.

  If a data subject wishes to exercise this right to information, they may contact an employee of the controller at any time.

• c) Right to rectification

  Any person affected by the processing of personal data has the right granted by the European Directives and Regulations to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.

  If a data subject wishes to exercise this right to rectification, they may contact an employee of the controller at any time.

• d) Right to erasure (right to be forgotten)

  Any person affected by the processing of personal data has the right granted by the European Directives and Regulations to demand from the controller that the personal data concerning them be erased immediately, provided that one of the following reasons applies and insofar as 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 their consent on which the processing was based pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR, and there is no other legal basis for the processing.
  • The data subject objects to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21 para. 2 GDPR.
  • The personal data have been processed unlawfully.
  • The erasure of the personal data is necessary to fulfil 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 services offered by the information society pursuant to Art. 8 para. 1 GDPR.

  If one of the above-mentioned reasons applies and a data subject wishes to arrange for the erasure of personal data stored at webpage t-hink.de, they may contact an employee of the controller at any time. The employee of webpage t-hink.de will arrange for the erasure request to be complied with immediately.

  If the personal data have been made public by webpage t-hink.de and our studio, as the controller, is obliged to erase the personal data pursuant to Art. 17 para. 1 GDPR, webpage t-hink.de shall 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 erase all links to these personal data or copies or replications of these personal data, insofar as the processing is not necessary. The employee of webpage t-hink.de will arrange the necessary steps in individual cases.

• e) Right to restriction of processing

  Any person affected by the processing of personal data has the right granted by the European Directives and Regulations to demand from the controller the restriction of processing if one of the following conditions is met:

  • The accuracy of the personal data is disputed by the data subject, for a period that enables the controller to verify the accuracy of the personal data.
  • The processing is unlawful, the data subject objects to the erasure of the personal data and instead requests 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 them for the assertion, exercise or defence of legal claims.
  • The data subject has objected to the processing pursuant to Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate grounds of the controller override 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 webpage t-hink.de, they may contact an employee of the controller at any time. The employee of webpage t-hink.de will arrange for the restriction of processing.

• f) Right to data portability

  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 them, which have been provided to a controller by the data subject, in a structured, commonly used and machine-readable format. They also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data have been provided, provided that the processing is based on consent pursuant to Art. 6 para. 1 letter a GDPR or Art. 9 para. 2 letter a GDPR or on a contract pursuant to Art. 6 para. 1 letter b GDPR and the processing is carried out using 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.

  Furthermore, when exercising their right to data portability pursuant to Art. 20 para. 1 GDPR, the data subject has the right to have the personal data transferred directly from one controller to another, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons.

  To assert the right to data portability, the data subject may contact an employee of webpage t-hink.de at any time.

• g) Right to object

  Any person affected by the processing of personal data has the right granted by the European Directives and Regulations to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out on the basis of Art. 6 para. 1 letters e or f GDPR. This also applies to profiling based on these provisions.

  In the event of an objection, webpage t-hink.de will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

  If webpage t-hink.de processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling, insofar as it is associated with such direct marketing. If the data subject objects to webpage t-hink.de to the processing for direct marketing purposes, webpage t-hink.de will no longer process the personal data for these purposes.

  In addition, the data subject has the right to object, on grounds relating to their particular situation, to the processing of personal data concerning them which is carried out at webpage t-hink.de for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.

  To exercise the right to object, the data subject may contact any employee of webpage t-hink.de or another employee directly. The data subject is also free, in connection with the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by means of automated procedures using technical specifications.

• h) Automated decisions in individual cases, including profiling

  Any person affected 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 them or similarly significantly affects them, 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 Member State law to which the controller is subject and which lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.

  If the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller or (2) it is based on the data subject’s explicit consent, webpage t-hink.de shall take reasonable measures to safeguard the data subject’s rights and freedoms and legitimate interests, which include at least the right to obtain the intervention of a person on the part of the controller, to express their point of view and to contest the decision.

  If the data subject wishes to assert rights relating to automated decisions, they may contact an employee of the controller at any time.

• i) Right to withdraw consent under data protection law

  Any person affected by the processing of personal data has the right granted by the European Directives and Regulations to withdraw consent to the processing of personal data at any time.

  If the data subject wishes to exercise their right to withdraw consent, they may contact an employee of the controller at any time.

10. Data protection provisions on the use and application of Instagram

The controller has integrated components of the Instagram service on this website. Instagram is a service that can be described as an audiovisual platform that allows users to share photos and videos and also to redistribute such data on other social networks.

The operating company of Instagram’s services is Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland.

Each time one of the individual pages of this website, which is operated by the controller and on which an Instagram component (Insta button) has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Instagram component to download a representation of the corresponding Instagram component. As part of this technical process, Instagram receives information about which specific subpage of our website is visited by the data subject.

If the data subject is logged into Instagram at the same time, Instagram recognizes with each visit to our website by the data subject and during the entire duration of the respective stay on our website, which specific subpage the data subject visits. This information is collected by the Instagram component and assigned to the respective Instagram account of the data subject by Instagram. If the data subject clicks on one of the Instagram buttons integrated on our website, the data and information transmitted with it are assigned to the personal Instagram user account of the data subject and stored and processed by Instagram.

Instagram always receives information via the Instagram component that the data subject has visited our website if the data subject is logged into Instagram at the same time as accessing our website; this takes place regardless of whether the data subject clicks on the Instagram component or not. If the data subject does not want this information to be transmitted to Instagram, they can prevent the transmission by logging out of their Instagram account before accessing our website.

Further information and the applicable data protection provisions of Instagram can be found at https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

11. Data protection provisions on the use and application of YouTube

The controller has integrated components of YouTube on this website. YouTube is an Internet video portal that allows video publishers to post video clips and other users to view, rate and comment on them free of charge. YouTube allows the publication of all types of videos, which is why complete film and television programmes, but also music videos, trailers or videos made by users themselves can be accessed via the Internet portal.

The operating company of YouTube is Google Ireland Limited, Gordon House, Barrow Street, Dublin, D04 E5W5, Ireland.

Each time one of the individual pages of this website, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, is accessed, the Internet browser on the information technology system of the data subject is automatically prompted by the respective YouTube component to download a representation of the corresponding YouTube component from YouTube. Further information about YouTube can be found at https://www.youtube.com/yt/about/de/. As part of this technical process, YouTube and Google receive information about which specific subpage of our website is visited by the data subject.

If the data subject is logged into YouTube at the same time, YouTube recognizes which specific subpage of our website the data subject is visiting when a subpage containing a YouTube video is accessed. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google always receive information via the YouTube component that the data subject has visited our website if the data subject is logged into YouTube at the same time as accessing our website; this takes place regardless of whether the data subject clicks on a YouTube video or not. If the data subject does not want this information to be transmitted to YouTube and Google, they can prevent the transmission by logging out of their YouTube account before accessing our website.

The data protection provisions published by YouTube, which can be found at https://www.google.de/intl/de/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

12. Legal basis of the processing

Art. 6(1)(a) GDPR serves as the legal basis for our studio’s processing operations where 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 that are necessary for the delivery of goods or the provision of another service or consideration, then the processing is based on Art. 6(1)(b) GDPR. The same applies to processing operations that are necessary for the implementation of pre-contractual measures, such as in cases of inquiries about our products or services. If our studio is subject to a legal obligation that requires the processing of personal data, such as for the fulfillment of tax obligations, then the processing is based on Art. 6(1)(c) GDPR. 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 premises were injured and their name, age, health insurance data, or other vital information had to be passed on to a doctor, a hospital, or other third parties. Then the processing would be based on Art. 6(1)(d) GDPR.
Finally, processing operations could be based on Art. 6(1)(f) GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary for the protection of a legitimate interest of our studio or a third party, provided that the interests, fundamental rights, and freedoms of the data subject do not override them. Such processing operations are permitted to us, in particular, because they have been specifically mentioned by the European legislator. In this respect, the legislator was of the opinion that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

13. Legitimate Interests in Processing Pursued by the Controller or a Third Party

If the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of all our employees and shareholders.

14. Duration for Which Personal Data Will Be Stored

The criterion for the duration of the storage of personal data is the respective statutory retention period. After the expiry of the period, the corresponding data is routinely deleted, provided it is no longer required for contract fulfillment or initiation.

15. Statutory or Contractual Provisions for the Provision of Personal Data; Necessity for Contract Conclusion; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Non-Provision

We inform you that the provision of personal data is partly required by law (e.g., tax regulations) or may also result from contractual provisions (e.g., details of the contractual partner).
Occasionally, for the conclusion of a contract, it may be necessary for a data subject to provide us with personal data that subsequently needs to be processed by us. For example, the data subject is obliged to provide us with personal data if our studio concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before providing personal data, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of personal data is legally or contractually required or necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of not providing the personal data would be.

16. Existence of Automated Decision-Making

As a responsible studio, we refrain from automatic decision-making or profiling.

This privacy policy was created by the privacy policy generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an External Data Protection Officer Cologne, in cooperation with the Cologne Lawyer for Data Protection Law Christian Solmecke.