Privacy Policy

General notices

The following notices provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For detailed information on data protection, please refer to our privacy policy listed below this text.

Data collection on this website

Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You can find his contact details in the section "Note on the responsible party" in this privacy policy.

How do we collect your data?
Your data is collected on the one hand by the fact that you provide it to us. This may be, for example, data that you enter in a contact form. Other data is collected automatically or after your consent when visiting the website by our IT systems. This is mainly technical data (e.g. Internet browser, operating system or time of page view). The collection of this data takes place automatically as soon as you enter this website.

What do we use your data for?
Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?
You have the right at any time to receive free information about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances.

Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

For this purpose, as well as for further questions on the subject of data protection, you can contact us at any time.

Analytics tools and third-party tools

When visiting this website, your surfing behavior may be statistically analyzed. This is done primarily with so-called analysis programs. Detailed information about these analysis programs can be found in the following privacy policy.

General notes and mandatory information

Privacy
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website, various personal data are collected. Personal data is data with which you can be personally identified. This Privacy Policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We point out that data transmission on the Internet (for example, when communicating by e-mail) can have security gaps. A complete protection of data against access by third parties is not possible.

Note to the responsible body
The responsible body for data processing on this website is:

FotoWorks XL

Controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses or similar).

Storage period
Unless a more specific storage period has been mentioned within this privacy policy, your personal data will remain with us until the purpose for data processing ceases to apply. If you assert a legitimate request for deletion or revoke consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, deletion will take place after these reasons cease to apply.

General information on the legal basis for data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6 (1) lit. a DSGVO or Art. 9 (2) lit. a DSGVO, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1) a DSGVO. If you have consented to the storage of cookies or to the access to information in your terminal device (e.g. via device fingerprinting), the data processing is additionally carried out on the basis of Section 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the performance of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b DSGVO. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6 para. 1 lit. c DSGVO. Furthermore, data processing may be carried out on the basis of our legitimate interest pursuant to Art. 6 (1) lit. F DSGVO. Information about the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Note on data transfer to the USA and other third countries
Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that no level of data protection comparable to that in the EU can be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.

Revocation of your consent to data processing
Many data processing operations are only possible with your explicit consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right of objection against data collection in special cases and against direct advertising (Art. 21 DSGVO)
IF THE DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 ABS. 1 LIT. E OR F DSGVO, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA CONCERNED UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21 (1) OF THE GERMAN DATA PROTECTION ACT).

IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION PURSUANT TO ARTICLE 21 (2) DSGVO).

Right of appeal to the competent supervisory authority
In the event of violations of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged violation. The right of appeal is without prejudice to other administrative or judicial remedies.

Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done to the extent that it is technically feasible.

Information, deletion and correction
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, their origin and recipient and the purpose of data processing and, if necessary, a right to correction or deletion of this data. For this purpose, as well as other questions on the subject of personal data, you can contact us at any time.

Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. To do this, you can contact us at any time. The right to restriction of processing exists in the following cases:

- If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.

- If the processing of your personal data happened/is happening unlawfully, you can request the restriction of data processing instead of erasure.

- If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request the restriction of the processing of your personal data instead of erasure.

- If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data - apart from its storage - may only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Objection to promotional e-mails
The use of contact data published within the framework of the imprint obligation for the transmission of not expressly requested advertising and information materials is hereby contradicted. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited promotional information, such as spam e-mails.

Data collection on this website

Cookies
Our Internet pages use so-called "cookies". Cookies are small text files and do no harm to your terminal device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your terminal device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your terminal device until you delete them yourself or until an automatic deletion by your web browser.

In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have various functions. Numerous cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising.

Cookies that are necessary to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 (1) lit. f DSGVO, unless another legal basis is specified. The website operator has a legitimate interest in storing necessary cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is based solely on this consent (Art. 6 para. 1 lit. a DSGVO and § 25 para. 1 TTDSG); the consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and allow cookies only in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. When disabling cookies, the functionality of this website may be limited.

Insofar as cookies are used by third-party companies or for analysis purposes, we will inform you separately about this in the context of this privacy policy and, if necessary, request consent.

Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:

- browser type and browser version
- Operating system used
- Referrer URL
- Hostname of the accessing computer
- Time of the server request
- IP address

A combination of this data with other data sources is not made.

The collection of this data is based on Art. 6 para. 1 lit. f DSGVO. The website operator has a legitimate interest in the technically error-free presentation and optimization of its website - for this purpose, the server log files must be collected.

Contact form
If you send us inquiries via contact form, the information you provide in the inquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of requests addressed to us (Art. 6 para. 1 lit. f DSGVO) or on your consent (Art. 6 para. 1 lit. a DSGVO) if this was requested; the consent can be revoked at any time.

The data you entered in the contact form will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after processing your request has been completed). Mandatory legal provisions - in particular retention periods - remain unaffected.

Inquiry by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your inquiry including all personal data resulting from it (name, inquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO, provided that your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of requests addressed to us (Art. 6 para. 1 lit. f DSGVO) or on your consent (Art. 6 para. 1 lit. a DSGVO) if this was requested; the consent can be revoked at any time.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies (e.g. after processing your request has been completed). Mandatory legal provisions - in particular legal retention periods - remain unaffected.

Newsletter data
If you would like to receive the newsletter offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the specified email address and agree to receive the newsletter. Further data is not collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not pass it on to third parties.

The processing of the data entered in the newsletter registration form is based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation.

The data you provide for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and deleted from the newsletter distribution list after unsubscribing from the newsletter or after expiry of the purpose. We reserve the right to delete or block e-mail addresses from our newsletter distribution list at our own discretion within the scope of our legitimate interest pursuant to Art. 6 (1) lit. f DSGVO.

Data that has been stored by us for other purposes remains unaffected.

After you have unsubscribed from the newsletter distribution list, your e-mail address will be stored by us or the newsletter service provider in a blacklist if necessary to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 (1) f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest..

Plugins and tools

YouTube with enhanced privacy
This website embeds videos of the YouTube. The operator of the pages is Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in the extended data protection mode. According to YouTube, this mode causes YouTube not to store information about visitors to this website before they watch the video. However, the disclosure of data to YouTube partners is not necessarily excluded by the extended data protection mode. Thus, YouTube - regardless of whether you watch a video - connects to the Google DoubleClick network.

As soon as you start a YouTube video on this website, a connection to the YouTube servers is established. This tells the YouTube server which of our pages you have visited. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

Furthermore, YouTube may store various cookies on your end device after starting a video or use comparable recognition technologies (e.g. device fingerprinting). In this way, YouTube can obtain information about visitors to this website. This information is used, among other things, to collect video statistics, improve the user experience and prevent fraud attempts.

If necessary, further data processing operations may be triggered after the start of a YouTube video, over which we have no control.

YouTube is used in the interest of an appealing presentation of our online offers. This represents a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO. Insofar as a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. A DSGVO and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user's terminal device (e.g. device fingerprinting) within the meaning of the TTDSG. The consent can be revoked at any time.

For more information about data protection at YouTube, please see their privacy policy at:
https://policies.google.com/privacy

Routine erasure and blocking of personal data
The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or other 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 will be routinely blocked or deleted in accordance with the statutory provisions.

Privacy policy for the use of Google AdSense

This website uses Google Adsense, a web advertising service provided by Google Inc, USA ("Google"). Google Adsense uses so-called "cookies" (text files), which are stored on your computer and which enable an analysis of your use of the website. Google Adsense also uses so-called "web beacons" (small invisible graphics) to collect information. Through the use of the web beacon, simple actions such as visitor traffic to the website can be recorded and collected. The information generated by the cookie and/or web beacon about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website in relation to the advertisements, compiling reports on website activity and advertisements for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You can prevent the storage of cookies on your hard drive and the display of web beacons by selecting "do not accept cookies" in your browser settings (in MS Internet Explorer under "Tools > Internet Options > Privacy > Setting"; in Firefox under "Tools > Settings > Privacy > Cookies"); however, we point out that in this case you may not be able to use all the features of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Payment transactions

To give you as many options as possible when choosing a payment method, we work with various payment service providers. Payment transactions are handled by our partners ShareIt, PayPal and Sofortüberweisung. We do not obtain knowledge of your credit card or bank account information.

Payment method: privacy policy on PayPal as a payment method
The controller has integrated components of PayPal on this website. PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. In addition, PayPal offers the option of processing virtual payments via credit cards if a user does not maintain a PayPal account. A PayPal account is managed via an email address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties or to receive payments as well. PayPal also assumes trustee functions and offers buyer protection services.

The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.

If the data subject selects "PayPal" as a payment option during the ordering process in our online store, data of the data subject will be automatically transmitted to PayPal. By selecting this payment option, the data subject consents to the transmission of personal data required for payment processing.

The personal data transmitted to PayPal are usually first name, last name, address, e-mail address, IP address, telephone number, cell phone number or other data necessary for payment processing. For the processing of the purchase contract are also such personal data that are related to the respective order.

The purpose of transmitting the data is payment processing and fraud prevention. The controller will transfer personal data to PayPal in particular if there is a legitimate interest for the transfer. The personal data exchanged between PayPal and the controller may be transferred by PayPal to credit reporting agencies. This transmission is for the purpose of checking identity and creditworthiness.

PayPal may pass on the personal data to affiliated companies and service providers or subcontractors, insofar as this is necessary for the fulfillment of contractual obligations or the data is to be processed on behalf.

The data subject has the option to revoke the consent to the handling of personal data at any time to PayPal. A revocation does not affect personal data that must be processed, used or transmitted mandatory for (contractual) payment processing. The applicable privacy policy of PayPal can be accessed at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

Payment method: privacy policy on Sofortüberweisung as a payment method
The controller has integrated components of Sofortüberweisung on this website. Sofortüberweisung is a payment service that enables cashless payment of products and services on the Internet. Sofortüberweisung depicts a technical procedure by which the online merchant immediately receives a payment confirmation. Thus, a merchant is enabled to deliver goods, services or downloads to the customer immediately after the order.

The operating company of Sofortüberweisung is Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm.

If the data subject selects "Sofortüberweisung" as a payment option during the ordering process in our online store, data of the data subject is automatically transmitted to Sofortüberweisung. With a selection of this payment option, the data subject consents to a transmission of personal data required for payment processing.

During the purchase transaction via Sofortüberweisung, the buyer transmits the PIN and TAN to Klarna Bank AB. Sofortüberweisung then performs a transfer to the online merchant after technical verification of the account balance and retrieval of additional data to check the account coverage. The execution of the financial transaction is then automatically communicated to the online merchant.

The personal data exchanged with Sofortüberweisung are first name, last name, address, e-mail address, IP address, telephone number, cell phone number or other data necessary for payment processing. The purpose of transferring the data is payment processing and fraud prevention. The controller will also transmit other personal data to Sofortüberweisung if there is a legitimate interest for the transmission. The personal data exchanged between Sofortüberweisung and the controller may be transmitted by Sofortüberweisung to credit reporting agencies. This transmission is for the purpose of checking identity and creditworthiness.

Sofortüberweisung may pass on the personal data to affiliated companies and service providers or subcontractors, insofar as this is necessary for the fulfillment of contractual obligations or the data is to be processed on behalf.

The data subject has the option to revoke the consent to the handling of personal data at any time to Sofortüberweisung. A revocation does not affect personal data that must be processed, used or transmitted mandatory for (contractual) payment processing.

The applicable privacy policy of Sofortüberweisung can be accessed at https://www.klarna.com/sofort/datenschutz/.

Payment method: privacy policy on ShareIt as a payment method
The controller has integrated components of ShareIt on this website. ShareIt is a payment service that enables cashless payment of products and services on the Internet. ShareIt maps a technical procedure by which the online merchant immediately receives a payment confirmation. This enables a merchant to deliver goods, services or downloads to the customer immediately after the order is placed.

The operating company of ShareIt is the company element 5 - Digital River GmbH - Scheidtweilerstr. 4, 50933 Cologne, Germany.

If the data subject selects "ShareIt" as a payment option during the ordering process in our online store, data of the data subject is automatically transmitted to Sofortüberweisung. With a selection of this payment option, the data subject consents to a transmission of personal data required for payment processing.

During the purchase transaction via ShareIt, the buyer transmits his data to ShareIt. ShareIt then executes a transfer to the online merchant after technical verification of the account balance and retrieval of further data to check the account coverage. The execution of the financial transaction is then automatically communicated to the online merchant.

The personal data exchanged with ShareIt are first name, last name, address, e-mail address, IP address, telephone number, cell phone number or other data necessary for payment processing. The purpose of transferring the data is payment processing and fraud prevention. The Controller will also transfer other personal data to ShareIt if there is a legitimate interest for the transfer. Personal data exchanged between ShareIt and the Controller may be transferred by ShareIt to credit reporting agencies. The purpose of this transmission is to check identity and creditworthiness.

ShareIt may share the personal data with affiliated companies and service providers or subcontractors to the extent necessary to fulfill contractual obligations or to process the data on behalf.

The data subject has the option to revoke the consent to the handling of personal data at any time vis-à-vis ShareIt. A revocation does not affect personal data that must necessarily be processed, used or transmitted for (contractual) payment processing.

ShareIt's applicable privacy policy can be found at https://secure.shareit.com/shareit/privacypolicy.html.