Privacy Policy
Disclaimer: This is only a translation of the legally binding german version of the privacy policy. It should allow non-german speaking users to understand what is stated in the original german document which is the only legally binding version. For more details see the german version.
We are very pleased about your interest in our website and our app. In the following text, we refer to the operator and controller (see Section 2) of the website "sketchcards.io" and the app "SketchCards" as the "Operator" and "us/we". We further refer to the website "sketchcards.io" as the "Website" and the associated app "SketchCards" as the "App".
Data protection is of particularly high importance for the Operator of SketchCards. The use of the SketchCards website is generally possible without providing any personal data. However, if a data subject wishes to use special services offered by us via our Website or our App, the processing of personal data may become necessary. If the processing of personal data is required 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, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and with the country-specific data protection provisions applicable to the Operator of SketchCards. Through this Privacy Policy, we aim to inform the public about the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, this Privacy Policy informs data subjects about the rights to which they are entitled.
The Operator, as the controller responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection possible for personal data processed through our Website and our App. Nevertheless, internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us through alternative means, for example by telephone.
1. Definitions
This Privacy Policy is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for both the public and our customers and business partners. To ensure this, we would like to explain the terms used in advance.
In this Privacy Policy, we use, among others, the following terms:
a) personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, 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
A data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) processing
Processing is any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, 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 processing in the future.
e) profiling
Profiling means any form of 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 analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
f) pseudonymization
Pseudonymization means 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 organizational 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 processing 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 means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.
i) recipient
Recipient means a natural or legal person, public authority, agency, or another body to which 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 means a natural or legal person, public authority, agency, or body other than the data subject, the controller, the processor, and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
k) consent
Consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
2. Name and Address of the Controller
The 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:
Simon Ehrenstein
Rehkkoppel 13a
24784 Westerrönfeld
Deutschland
Tel.: (+49) 172 8737093
E-Mail: info@sketchcards.io
Website: sketchcards.io
3. Cookies
The website and app of SketchCards use cookies. Cookies are text files that are stored and saved on a computer system via an internet browser.
Many websites, apps, 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 websites, apps, and servers can be assigned to the specific internet browser or device in which the cookie was stored. This allows visited websites, apps, and servers to distinguish the individual browser or device of the data subject from other internet browsers or devices that contain different cookies. A particular internet browser can be recognized and identified via the unique cookie ID.
By using cookies, the operator can provide users of the SketchCards website and app with more user-friendly services that would not be possible without cookie placement.
Cookies allow the information and offers on our website and in our app to be optimized for the user. As already mentioned, cookies enable us to recognize the users of our website and app. The purpose of this recognition is to make the use of our services easier for users. For example, a user of a website or app that uses cookies does not have to re-enter their login data each time they visit the website or app, because this is handled by the website or the app and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online shop remembers the items a customer placed into the virtual shopping cart via a cookie.
The data subject may at any time prevent the setting of cookies by our website by means of an appropriate setting in 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 and app of SketchCards collect a series of general data and information each time a new page is accessed by a data subject or an automated system. This general data and information is stored in the server’s log files. The following may be collected: (1) the 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 referrer), (4) the sub-pages accessed on our website by an accessing system, (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 that serve to prevent danger in the event of attacks on our IT systems.
When using this general data and information, the operator does not draw any conclusions about the data subject. These pieces of information are required to (1) correctly deliver the content of our website and app, (2) optimize the content of our website and app as well as their advertising, (3) ensure the long-term functionality of our IT systems and website/app technology, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. These anonymously collected data and information are therefore evaluated statistically by the operator and also with the aim of increasing data protection and data security for the services of SketchCards, ultimately to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our Website and in our App
The data subject has the possibility to register on the website and in the app of the controller responsible for processing by providing personal data. Which personal data is transmitted to the controller results from the respective input form used for registration. The personal data entered by the data subject will be collected and stored exclusively for internal use by the controller and for its own purposes. The controller may initiate the transfer to one or more processors, for example a parcel service provider, who will also use the personal data exclusively for internal use attributable to the controller.
By registering on the website or in the app of the controller, the IP address assigned by the internet service provider (ISP) to the data subject, as well as the date and time of the registration, are also stored. The storage of this data is necessary to prevent misuse of our services and, if needed, to enable the investigation of committed offenses. In this respect, the storage of this data is necessary to secure the controller. A transfer of this data to third parties does not take place unless there is a legal obligation to transfer or the transfer serves criminal prosecution.
The registration of the data subject, with voluntary provision of personal data, serves the purpose of enabling the controller to offer the data subject content or services which can only be offered to registered users due to the nature of the matter. Registered users may modify the personal data provided during registration at any time or have them completely deleted from the controller’s data inventory.
The controller will provide any data subject with information at any time upon request as to what personal data about the data subject is stored. Furthermore, the controller will correct or delete personal data at the request or indication of the data subject, provided that this does not conflict with statutory retention obligations. The controller is available to the data subject as a contact person in this context.
6. Subscription to our Newsletter
The website and app of SketchCards offer users the opportunity to subscribe to the SketchCards newsletter. Which personal data is transmitted to the controller when ordering the newsletter results from the input form used.
The operator informs its users at regular intervals by means of a newsletter about offers from SketchCards. A newsletter can generally only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for newsletter delivery. For legal reasons, a confirmation email is sent in the double-opt-in procedure to the email address first registered by a data subject for newsletter delivery. This confirmation email serves to verify whether the owner of the email 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) to 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 to trace any possible misuse of the email address of a data subject at a later time and therefore serves as legal protection for the controller.
The personal data collected within the scope of a newsletter registration will be used exclusively for sending our newsletter. Furthermore, newsletter subscribers may be informed by email if this is necessary for the operation of the newsletter service or for registration, as may be the case in the event of changes to the newsletter offer or changes to the technical circumstances. No personal data collected as part of the newsletter service is passed on to third parties. The subscription to our newsletter may be terminated by the data subject at any time. Consent to the storage of personal data that the data subject has provided to us for newsletter delivery may be revoked at any time. For the purpose of revoking consent, a corresponding link is included in every newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website or in the app of the controller or to inform the controller in another way.
7. Newsletter Tracking
The newsletters of SketchCards contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such emails that are sent in HTML format to enable log file recording and analysis. This allows statistical evaluations of the success or failure of online marketing campaigns. Using the embedded tracking pixel, the operator of SketchCards can determine whether and when an email was opened by a data subject and which links in the email were accessed.
Such personal data collected via the tracking pixels contained in the newsletters are stored and evaluated by the controller in order to optimize newsletter delivery and to better tailor the content of future newsletters to the interests of the data subject. These personal data are not passed on to third parties. Data subjects are entitled at any time to revoke the separate consent given via the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. Unsubscribing from the newsletter is automatically interpreted as a revocation by the operator of SketchCards.
8. Routine Deletion 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 this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with legal regulations.
9. Rights of the Data Subject
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 concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact the controller responsible for the processing at any time.
b) Right of Access
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information at any time about the personal data stored concerning them and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- the purposes of the processing
- 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 used to determine that 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 to lodge a complaint with a supervisory authority
- if the personal data are not collected from the data subject: any available information about the source of the data
- the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) GDPR, and — at least in these cases — meaningful information about the logic involved as well as the scope and intended effects of such processing for the data subject
The data subject also has the right to know whether personal data has been transferred to a third country or an international organization. If this is the case, the data subject furthermore has the right to obtain information about the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may contact the controller responsible for the processing at any time.
c) Right to Rectification
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right, considering the purposes of the processing, to request the completion of incomplete personal data — also by means of a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact the controller responsible for the processing at any time.
d) Right to Erasure (Right to be Forgotten)
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request from the controller the erasure of personal data concerning them without undue delay, where one of the following reasons applies and where the processing is not necessary:
- The personal data were 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 according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal basis for the processing.
- The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.
- The personal data have been unlawfully processed.
- The erasure of personal data is required 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 services offered by the information society pursuant to Art. 8(1) GDPR.
If one of the above reasons applies and a data subject wishes to request the erasure of personal data stored by the operator of SketchCards, they may contact the controller responsible for the processing at any time. The controller will ensure that the erasure request is complied with immediately.
If the personal data have been made public by SketchCards and the controller is obliged pursuant to Art. 17(1) GDPR to delete the personal data, SketchCards — taking into account available technology and implementation costs — will take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested the deletion of any links to, or copies or replications of, such personal data, insofar as the processing is not required. The controller will take the necessary measures on a case-by-case basis.
e) Right to Restriction of Processing
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to request from the controller the restriction of processing where one of the following conditions is met:
- The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, the data subject opposes the erasure of the personal data, and instead requests the restriction of their use.
- The controller no longer needs the personal data for the purposes of processing, but the data are required by the data subject for the establishment, exercise, or defense of legal claims.
- The data subject has objected to processing pursuant to Art. 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored by the operator of SketchCards, they may contact the controller responsible for the processing at any time. The operator of SketchCards will arrange the restriction of processing.
f) Right to Data Portability
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used, and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to whom the personal data were provided, where the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out by automated means, provided that the processing is not 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, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible, and provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact the operator of SketchCards at any time.
g) Right to Object
Every data subject affected by the processing of personal data has the right, granted by the European legislator, to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them that is carried out on the basis of Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.
The operator of SketchCards will no longer process the personal data in the event of an objection, 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 the establishment, exercise, or defense of legal claims.
If the operator of SketchCards processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, the operator will no longer process the personal data for these purposes.
The data subject also has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them that is carried out by the operator of SketchCards for scientific or historical research purposes or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact the operator of SketchCards. The data subject is furthermore free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise their right to object by automated means using technical specifications.
h) Automated Individual Decision-Making, Including Profiling
Every data subject affected 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 — which produces legal effects concerning them or similarly significantly affects them, unless the decision (1) is necessary for entering into or performing a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into or performing a contract between the data subject and the controller or (2) is based on the data subject’s explicit consent, the operator of SketchCards will take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, which include at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.
If the data subject wishes to exercise rights related to automated decision-making, they may contact the controller responsible for the processing at any time.
i) Right to Withdraw Consent under Data Protection Law
Every data subject affected by the processing of personal data has the right, granted by the European legislator, 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 the controller responsible for the processing at any time.
10. Legal Basis of Processing
Art. 6(1)(a) GDPR serves as the 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 party, as is the case, for example, with processing operations necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to such processing operations that are necessary for carrying out pre-contractual measures, for example in cases of inquiries regarding our products or services. If the operator of SketchCards is subject to a legal obligation that requires the processing of personal data, such as fulfilling tax obligations, 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 were injured on our premises and their name, age, health insurance data or other vital information would need to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6(1)(d) GDPR. Ultimately, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis is used for processing operations that are not covered by any of the aforementioned legal bases, if the processing is necessary for the purposes of the legitimate interests pursued by the operator of SketchCards or by a third party, except where such interests are overridden by the interests, fundamental rights, and freedoms of the data subject. Such processing operations are particularly permitted because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).
11. Legitimate Interests 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 provision of our services to our users.
12. Duration for Which the Personal Data Are Stored
The criterion for the duration of storage of personal data is the respective statutory retention period. After the period has expired, the corresponding data are routinely deleted, provided they are no longer required for contract performance or the initiation of a contract.
13. Statutory or Contractual Requirements for Providing 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 about the contracting party). In some cases, it may be necessary for the conclusion of a contract that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data when the operator of SketchCards enters into 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 the operator. The operator 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 contract conclusion, whether there is an obligation to provide personal data, and what the consequences of not providing the personal data would be.
14. Existence of Automated Decision-Making
The operator of SketchCards does not use automated decision-making or profiling.
This Privacy Policy was created by the Privacy Policy Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Bavaria, in cooperation with data protection attorney Christian Solmecke. Some passages have been adapted to the specific situation.