Art Photo Therapy · Berlin & online

I am pleased that you are interested in my practice. The protection of your Personal Data is particularly important to me. As a rule, you can use my websites without disclosing any Personal Data to me. However, if you wish to use more specific services via my websites, including my other websites, applications and social media pages, I may have to process your Personal Data. If I wish to process data about you and I cannot rely on any other legal basis, I will always ask you for your Consent first (e.g., via a cookie banner).

I always comply with applicable data protection laws when handling your Personal Data (such as name, address, email or telephone number). With this Privacy Policy, I inform you about which data I process. This Privacy Policy also explains to you what rights you have as a Data Subject.

Personal Data means any information relating to an identified or identifiable natural person. 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, or who must be regarded as such under national data protection legislation or national jurisdiction of a state or federal state, including under common law.

I have taken various technical and organizational measures to protect your data on my websites in the best possible way. Nevertheless, there are always risks on the internet and complete protection is not possible. For this reason, you can also transmit your Personal Data to me by other means, for example by telephone, if you prefer.

This Privacy Policy is not only intended to fulfill the obligations under GDPR and to comply with the law of the Member States of the European Union (EU) and the European Economic Area (EEA). This Privacy Policy is also intended to comply with legislation such as UK data protection laws (UK-GDPR), Swiss Federal Data Protection Act and Swiss Data Protection Ordinance (DSG, DSV), California Consumer Privacy Act (CCPA/CPRA), China’s Personal Information Protection Law (PIPL), Delaware Personal Data Privacy Act (DPDPA), Tennessee Information Protection Act (TIPA), Minnesota Consumer Data Privacy Act (MCDPA), Iowa Act Relating to Consumer Data Protection (ICDPA), Maryland Online Data Privacy Act (MODPA), Nebraska Data Privacy Act (NDPA), New Hampshire Consumer Data Privacy Law (SB255), New Jersey Data Privacy Law (SB332), South Carolina Consumer Privacy Bill (House Bill 4696) and other global data protection regulations and shall be interpreted accordingly. The following Privacy Policy shall be interpreted for each country, state or federal state in such a way that the terms and legal bases used correspond to the terms and legal bases used in the respective state or federal state.

The privacy policy is based on the terminology used in the General Data Protection Regulation (GDPR). All gender formulations used apply equally to all genders.

1. 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 the European Economic Area, British data protection laws, Swiss data protection laws (DSG, DSV), Californian data protection law (CCPA/CPRA), Chinese data protection law (PIPL), as well as international laws and provisions with a data protection nature is:

Oran Greier
Art Photo Therapy, Atelier Lineae
Glasgower Str. 2
13349 Berlin
Telephone: +49 (0) 177 456 0299
E-Mail: info@artphototherapy.com

2. Collection of general data and information

My websites collect a range of general data and information each time the websites are accessed by a Data Subject or an automated system. This general data and information are stored in the log files of the respective server. Among other things, the (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our websites (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our websites, (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 for security purposes in the event of attacks on the information technology systems can be recorded.

When using this general data and information, I generally do not draw any conclusions about the Data Subject. Rather, this information is required to (1) correctly deliver the content of our websites, (2) optimize the content of my websites, (3) ensure the long-term functionality of the information technology systems and the technology of my websites and (4) provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber-attack. This anonymously collected data and information is therefore evaluated both statistically and with the aim of increasing data protection and data security to ultimately ensure an optimal level of protection for the Personal Data processed. The data of the server log files are stored separately from all Personal Data provided by a Data Subject. The purpose of processing is to avert danger and ensure IT security, as well as the aforementioned purposes. The legal basis is Art. 6 (1) (f) GDPR. The legitimate interest is the protection of the information technology systems. The log files are deleted after the stated purposes have been achieved.

3. Contact possibility via the website and other data transfers and your Consent

My website contains information that enables quick electronic contact with my practice as well as direct communication with me, which also includes a general address of the so-called electronic mail (email address) and possibly a telephone number. If a Data Subject contacts me by email, via a contact form, via an input form or in any other way, the Personal Data transmitted by the Data Subject will be stored automatically. This Personal Data transmitted to me on a voluntary basis by a Data Subject is processed for the purposes of usage or contacting the Data Subject.

I obtain your Consent for the transmission, storage and Processing of your contact data and inquiries and for contacting you in accordance with Art. 6 (1) (a) GDPR and Art. 49 (1) (1) (a) GDPR as follows:

By transmitting your Personal Data, you voluntarily consent to the Processing of the Personal Data you have entered or transmitted for the purposes of processing the inquiry and contacting you. By transmitting your data to me, you also voluntarily give your explicit Consent in accordance with Art. 49 (1) (1) (a) GDPR to data transfers to third countries to and by the companies named in this Privacy Policy and for the purposes stated, in particular for such transfers to third countries for which there is or is not an adequacy decision by the EU/EEA and to companies or other bodies that are not subject to an existing adequacy decision on the basis of self-certification or other accession criteria and in which or for which there are significant risks and no suitable guarantees for the protection of your Personal Data (e.g., due to Section 702 FISA, Executive Order EO12333 and the CloudAct in the USA). When you gave your voluntary and explicit Consent, you were aware that there may not be an adequate level of data protection in third countries and that your data subject rights may not be enforceable. You can withdraw your Consent under data protection law at any time with effect for the future. The withdrawal of Consent does not affect the lawfulness of Processing based on Consent before its withdrawal. With a single action (entry and transmission), you give several Consents. These are Consents under EU/EEA data protection law as well as those under the CCPA/CPRA, ePrivacy and telemedia law, and other international legislation, which are required, among other things, as a legal basis for any planned further Processing of your Personal Data. With your action, you also confirm that you have read and taken note of this Privacy Policy.

4. Routine deletion and restriction of Personal Data

I process and store Personal Data for the period required to achieve the purpose of processing or if this has been provided for by the European legislator or another legislator in laws or regulations to which I am subject, or if a legal basis for the Processing exists.

If the purpose of processing no longer applies or if a storage period prescribed by the European legislator or another competent legislator expires, or if the legal basis for the Processing no longer applies, the Personal Data will be routinely restricted or deleted in accordance with the statutory provisions.

5. Rights of the Data Subject according to GDPR

a) Right to confirmation

Each Data Subject has the right to obtain from the Controller confirmation as to whether or not Personal Data concerning him or her is being processed. If a Data Subject wishes to exercise this right, he or she may contact me at any time.

b) Right to information

Each Data Subject has the right to obtain from the Controller free information about the Personal Data stored about him/her and a copy of this data at any time. Furthermore, the European legislator has granted the Data Subject access to the following information:

the purposes of 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,
where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period,
the existence of the right to request from the Controller rectification or erasure of Personal Data or Restriction of Processing of Personal Data concerning the Data Subject or to object to such Processing,
the existence of a right to lodge a complaint with a supervisory authority,
if the Personal Data is not collected from the Data Subject: All available information about the origin of the data,
the existence of automated decision-making, including Profiling, referred to in Art. 22 (1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such Processing for the Data Subject.

Furthermore, the Data Subject has a right to information as to whether Personal Data has been transferred to a third country or to an international organization. If this is the case, the Data Subject also has the right to obtain information about the appropriate safeguards in connection with the transfer. If a Data Subject wishes to exercise this right, he or she may contact me at any time.

c) Right to rectification

Each Data Subject has the right to demand the immediate correction of incorrect 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, he or she may contact me at any time.

d) Right to erasure (right to be forgotten)

Each Data Subject has the right, to obtain from the Controller the erasure of Personal Data concerning him or her without undue delay, and the Controller shall have the obligation to erase Personal Data without undue delay where one of the following grounds applies, as long as the Processing is not necessary:

Personal Data was collected or otherwise processed for purposes for which it is no longer necessary.
The Data Subject withdraws Consent on which the Processing is based according to Art. 6 (1) (a) GDPR, or Art. 9 (2) (a) GDPR, and where there is no other legal ground 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.
Personal Data was processed unlawfully.
The deletion of Personal Data is necessary to fulfill a legal obligation under Union law or the law of the Member States to which the Controller is subject.
The Personal Data was collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

If one of the aforementioned reasons applies, and a Data Subject wishes to request the erasure of Personal Data stored by me, he or she may contact me at any time.

If I have made the Personal Data public and if my practice is obliged to delete the Personal Data in accordance with Art. 17 (1) GDPR, I shall take appropriate 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 the deletion of all links to this Personal Data or of copies or replications of this Personal Data from these other data Controllers, insofar as the Processing is not necessary.

e) Right to Restriction of Processing

Each Data Subject has the right to obtain from the Controller Restriction of Processing where one of the following applies:

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, and the Data Subject opposes the erasure of the Personal Data and requests the restriction of their use instead.
The Controller no longer needs the Personal Data for the purposes of the Processing, but they 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 pending the verification whether the legitimate grounds of the Controller override those of the Data Subject.

If one of the aforementioned conditions is met, and a Data Subject wishes to request the restriction of the Processing of Personal Data stored by me, he or she may contact me at any time.

f) Right to data portability

Each Data Subject has the right to receive the Personal Data concerning him or her, which he or she has provided to a Controller, in a structured, commonly used and machine-readable format. He or she also has the right to transmit those data to another Controller without hindrance from the Controller to which the Personal Data have been provided, where 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, 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, 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. If a Data Subject wishes to exercise this right, he or she may contact me at any time.

g) Right to object

Each Data Subject has the right to object, on grounds relating to his or her particular situation, at any time, to Processing of Personal Data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to Profiling based on these provisions.

In the event of an objection, I will no longer process the Personal Data unless I can demonstrate compelling legitimate grounds for the Processing which override the interests, rights and freedoms of the Data Subject or for the establishment, exercise or defense of legal claims.

If I process Personal Data for direct marketing purposes, the Data Subject shall have the right to object at any time to Processing of Personal Data concerning him or her for such marketing. This also applies to Profiling insofar as it is associated with such direct advertising. If the Data Subject objects to me to the Processing for direct marketing purposes, I will no longer process the Personal Data for these purposes.

In addition, the Data Subject has the right, on grounds relating to his or her particular situation, to object to Processing of Personal Data concerning him or her by me for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the Processing is necessary for the performance of a task carried out for reasons of public interest.

If a Data Subject wishes to exercise this right, he or she may contact me at any time. The Data Subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.

h) Automated decisions in individual cases including Profiling

As a responsible company, we do not use automated decision-making or Profiling.

i) Right to withdraw Consent under data protection law

Each Data Subject has the right to withdraw Consent to the Processing of Personal Data at any time. If a Data Subject wishes to exercise this right, he or she may contact me at any time.

6. General purpose of Processing, categories of processed data and categories of recipients

The general purpose of processing Personal Data is the handling of all activities relating to the Controller, customers, interested parties, business partners or other contractual or pre-contractual relationships between the aforementioned groups (in the broadest sense) or legal obligations of the Controller. This general purpose applies if no more specific purposes for specific Processing are specified. The categories of Personal Data that may be processed are customer data, prospective customer data, employee data (including applicant data) and supplier data. The categories of recipients of Personal Data may be public bodies, external bodies, internal processing, intragroup processing and other bodies.

7. Legal basis for the Processing

Art. 6 (1) (a) GDPR serves as the legal basis for Processing operations for which I 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, when Processing operations are necessary for the supply of goods or to provide any other service or consideration, Processing is based on Art. 6 (1) (b) GDPR. The same applies to such Processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services. If I am subject to a legal obligation which requires the Processing of Personal Data, such as for the fulfillment of tax obligations, Processing is based on Art. 6 (1) (c) GDPR. In rare cases, it may be necessary to process Personal Data 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 in my practice and their name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other Third Party. The Processing would then be based on Art. 6 (1) (d) GDPR. If 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, the legal basis is Art. 6 (1) (e) GDPR. Ultimately, Processing operations could be based on Art. 6 (1) (f) GDPR. This legal basis is used for Processing operations which are not covered by any of the abovementioned legal grounds, if Processing is necessary for the purposes of the legitimate interests pursued by my practice or by a Third Party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject which require protection of Personal Data. I am permitted to carry out such Processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed, for example, if the Data Subject is a customer of the Controller (Recital 47 Sentence 2 GDPR).

8. Legitimate interests in Processing pursued by the Controller or a Third Party and direct marketing

If the Processing of Personal Data is based on Art. 6 (1) (f) GDPR and no more specific legitimate interests are stated, my legitimate interest is the performance of my business activities for the benefit of the well-being of my staff.

9. Duration for which the Personal Data is stored

The criterion for the duration of the storage of Personal Data is the respective statutory retention period. After this period has expired, the corresponding data is routinely deleted if it is no longer required to fulfill or initiate a contract.

10. Legal or contractual provisions for the provision of Personal Data; necessity for the conclusion of the contract; obligation of the Data Subject to provide the Personal Data; possible consequences of non-provision

I would like to inform you that the provision of Personal Data is partly required by law (e.g., tax regulations) or may also result from contractual obligations (e.g., information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a Data Subject to provide me with Personal Data that must subsequently be processed by me. For example, Data Subjects are obliged to provide me with Personal Data if my practice concludes a contract with them. Failure to provide Personal Data would mean that the contract with the Data Subject could not be concluded. The Data Subject must contact me before providing Personal Data. I will inform the Data Subject on a case-by-case basis whether the provision of the Personal Data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the Personal Data and what the consequences would be if the Personal Data were not provided.

11. Right to lodge a complaint with a data protection supervisory authority

As the Controller, I am obliged to inform the Data Subject of the existence of the right to lodge a complaint with a supervisory authority. The right to lodge a complaint is regulated in Art. 77 (1) GDPR. According to this provision, without prejudice to any other administrative or judicial remedy, every Data Subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the Data Subject considers that the Processing of Personal Data relating to him or her infringes the General Data Protection Regulation. The right to lodge a complaint has been restricted by the EU legislator to the effect that it can only be exercised with a single supervisory authority (Recital 141 Sentence 1 GDPR). This provision is intended to avoid duplicate complaints in the same matter by the same Data Subject. If a Data Subject wishes to complain about me, it is therefore requested that only one supervisory authority is contacted.

12. Data protection provisions about the application and use of Zoom

Zoom is a provider of video conferencing software that enables organizations and individuals to host and participate in virtual meetings, webinars, live chats, and collaborative workspaces. With features that include video and audio conferencing, screen sharing, and encryption, Zoom has established itself as an essential tool for remote work, distance learning, and virtual social gatherings.

When using Zoom services, Personal Data such as names, email addresses, telephone numbers, profile pictures and device information are processed. During meetings, content data such as video and audio streams, chat transcripts and shared content may be processed. This information is required to provide communication services, manage user accounts, operate the platform securely and efficiently and provide users with personalized experiences.

The company that operates the service and thus the recipient of personal data is: Zoom Video Communications, Inc., 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA. For data subjects in the EU and EEA, the Lionheart Squared (Europe) Limited, 2 Pembroke House, Upper Pembroke Street 28-32, Dublin, DO2 EK84, lreland, acts as contact and representative within the meaning of Art. 27 GDPR. The representative under national law in the United Kingdom is: Lionheart Squared Limited, 17 Glasshouse Studios, Fryern Court Road, Fordingbridge, Hampshire, SP6 1QX, United Kingdom.

Purposes for which the Personal Data is to be processed and the legal basis for the Processing: The purpose of data processing is the use of video communication services. Processing is based on the performance of a contract pursuant to Art. 6 (1) (b) GDPR, to which the Data Subject is a party, and on legitimate interests pursuant to Art. 6 (1) (f) GDPR, such as the use of an efficient platform, the improvement of our services and the guarantee of IT security.

The company that operates the service is based in a third country, namely the USA. Transfers to third countries may be based on the conclusion of Standard Contractual Clauses or other suitable or appropriate safeguards referred to in Art. 46 (2) GDPR. The company that operates the service may be a certified member of one or more of the data privacy frameworks. You can find more information at https://www.dataprivacyframework.gov/list.

The criteria for determining the duration for which the Personal Data is processed are the contractual relationship between me and the company that operates the service or statutory or contractual retention periods. The provision of Personal Data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide me or the company that operates the service with Personal Data. However, if you do not provide it, you may not be able to use my services or those of the company operating the service.

Further information and the applicable data protection provisions of Zoom may be retrieved under https://zoom.us.

13. Hosting – Data protection provisions about the application and use of netcup

netcup GmbH is a German provider of web hosting, servers, domains and other internet services. The company is characterized by high-quality products, comprehensive services and a strong focus on IT security.

When using netcup services, Personal Data such as names, email addresses, physical addresses, telephone numbers, payment information and technical data such as IP addresses or log files are processed. This information is necessary to provide the requested services, manage customer accounts, make support requests and ensure the security of the systems.

The company that operates the service and therefore the recipient of the Personal Data is: netcup GmbH, Daimlerstraße 25, 76185 Karlsruhe, Germany.

Purposes for which the Personal Data is to be processed and the legal basis for the Processing: The purpose of processing is the use and management of hosting and internet services. Processing is based on the performance of a contract (Art. 6 (1) (b) GDPR) to which the Data Subject is party and on legitimate interests (Art. 6 (1) (f) GDPR), such as the improvement of services, ensuring network and information security and the use of external hosts.

The criteria for determining the duration for which the Personal Data is processed are the contractual relationship between us and the company that operates the service or statutory or contractual retention periods. The provision of Personal Data is not required by law or contract, nor is it necessary for the conclusion of a contract. You are not obliged to provide me or the company that operates the service with Personal Data. However, if you do not provide it, you may not be able to use my services or those of the company operating the service.

Further information and the applicable data protection provisions of netcup may be retrieved under https://www.netcup.de.

14. Data protection provisions about the application and use of Google Fonts

Google Fonts is a free service from Google LLC that provides web developers with a wide range of fonts to improve the design and aesthetics of websites. By integrating Google Fonts, web developers can ensure that texts on their websites are displayed consistently and as intended on different devices and browsers. Google Fonts is provided via Google servers, ensuring high availability and fast loading times.

When using Google Fonts, Personal Data such as IP addresses and browser information may be processed, as a request is sent to the Google servers when the fonts are loaded. This data is used to provide the service, optimize performance and prevent misuse.

The company that operates the service and thus the recipient of personal data is: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For data subjects in the EU and EEA, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, acts as contact and representative within the meaning of Art. 27 GDPR. The representative under national law in the United Kingdom is: Google UK Limited, Belgrave House, 76 Buckingham Palace Road, London SW1W 9TQ, United Kingdom. The representative under Art. 14 of the Federal Act on Data Protection (FADP) in Switzerland is: Google Switzerland GmbH, Brandschenkestrasse 110, 8002 Zurich, Switzerland.

Purposes for which the Personal Data is to be processed and the legal basis for the Processing: The purpose of processing is to use and optimize the font service for web developers and end users. Processing is based on Art. 6 (1) (f) GDPR, whereby my legitimate interest lies in improving the user experience on websites by providing a variety of fonts and ensuring fast loading times.

Further information and the applicable data protection provisions of Google Fonts can be found at https://policies.google.com/privacy.

15. Data protection provisions about the application and use of Google Maps

Google Maps is a comprehensive mapping and navigation service provided by Google LLC that allows users to view maps, plan routes and find local businesses and services. By providing detailed geographical information, Google Maps helps people around the world to find their way around and navigate in everyday life. The service offers features such as satellite images, street views, real-time traffic conditions and the ability to rate and review places.

When using Google Maps, Personal Data such as location data, search queries and usage statistics are processed. This information is necessary to provide and use the service, offer personalized recommendations and improve the user’s experience.

Purposes for which the Personal Data is to be processed and the legal basis for the Processing: The purpose of processing is the use and optimization of the mapping and navigation service. Processing is based on Art. 6 (1) (f) GDPR, whereby our legitimate interest lies in the provision and use of an efficient, user-friendly and precise navigation service.

The company that operates the service is located in a third country, namely in the USA. Transfers to third countries may be based on the conclusion of Standard Contractual Clauses or other suitable or appropriate safeguards referred to in Art. 46 (2) GDPR. The company that operates the service may be a certified member of one or more of the data privacy frameworks. You can find more information at https://www.dataprivacyframework.gov/list.

Further information and the applicable data protection provisions of Google Maps can be found at https://policies.google.com/privacy.

This privacy policy was created with the help of the privacy policy generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which was developed jointly by experts in competition law, data protection auditors and the ISO 45001 certification body and was adapted by Oran Greier, Art Photo Therapy, Atelier Lineae.