Privacy Policy – Magical Moments

Who we are

Our website address is: https://magical-moments.eu.

Responsible

Fabienne Freymadl
Hertzbergstr 3a
12055 Berlin
Mail: info@ladyvelvetsteel.com
Phone: 0152 / 232 95 646
UStID: DE25538447

Types of data processed:

– Inventory data (e.g., names, addresses).
– Contact details (e.g., e-mail, telephone numbers).
– Content data (e.g., text entries, multiple choice entries, photographs, videos).
– Usage data (e.g. websites visited, interest in content, access times).
– Meta/communication data (e.g., device information, IP addresses).

Categories of data subjects

Visitors and users of the online offer (hereinafter we also refer to the data subjects collectively as “users”).

Purpose of processing

– Provision of the online offer, its functions and contents.
– Responding to contact requests and communicating with users.
– Security measures.
– Reach measurement/marketing

Booking services and gathering data for good service providing

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations which is performed on personal data, whether or not by automated means. The term is far-reaching and encompasses virtually any handling of data.

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

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

“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

‘processor’ means a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not mentioned in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing for the performance of our services and the implementation of contractual measures as well as answering inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to comply with our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing for the purposes of our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

Security Measures

In accordance with Art. 32 GDPR, we take appropriate technical and organizational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying probability of occurrence and severity of the risk to the rights and freedoms of natural persons.

The measures include, in particular, ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as access, input, transfer, availability and segregation. In addition, we have put in place procedures to ensure the exercise of data subject rights, the deletion of data and the response to data compromises. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection by design and by default (Art. 25 GDPR).

Cooperation with processors and third parties

If, in the course of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if a transfer of the data to third parties, such as payment service providers, is necessary for the fulfilment of a contract in accordance with Art. 6 (1) (b) GDPR), You have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs in the context of the use of third-party services or the disclosure or transfer of data to third parties, this will only take place if it is necessary to fulfil our (pre-)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests. Subject to legal or contractual permissions, we will only process or have the data processed in a third country if the special requirements of Art. 44 et seq. GDPR are met. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognised determination of a level of data protection equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognised special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to request access to this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

You have accordingly. Art. 16 GDPR gives you the right to request the completion of the data concerning you or the correction of the inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to demand that the data in question be erased without undue delay or, alternatively, to demand a restriction of the processing of the data in accordance with Art. 18 GDPR.

You have the right to request to receive the data concerning you that you have provided to us in accordance with Art. 20 GDPR and to request its transmission to other controllers.

You also have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

Right of withdrawal

You have the right to revoke your consent in accordance with Art. 7 (3) GDPR with effect for the future

Right to object

You can object to the future processing of your data at any time in accordance with Art. 21 GDPR. In particular, the objection may be made to processing for direct marketing purposes.

Cookies and right to object to direct marketing

“Cookies” are small files that are stored on users’ computers. Different types of information may be stored within the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit within an online offer. Temporary cookies, or “session cookies” or “transient cookies”, are cookies that are deleted after a user leaves an online offer and closes their browser. Such a cookie can, for example, be used to store the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” is the term used to describe cookies that remain stored even after the browser is closed. For example, the login status can be saved if users visit it after several days. Likewise, the interests of the users can be stored in such a cookie, which are used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online offer (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and explain this in our privacy policy.

If users do not want cookies to be stored on their computer, they are asked to disable this option in their browser’s system settings. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies may lead to functional limitations of this online offer.

A general objection to the use of cookies used for online marketing purposes can be declared for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choices/ or the EU site http://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by disabling them in the settings of the browser. Please note that it may not be possible to use all the functions of this online offer.

How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Deletion of data

The data processed by us will be deleted or restricted in its processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion is not precluded by any statutory retention obligations. Unless the data is erased because it is required for other purposes permitted by law, its processing will be restricted. This means that the data will be blocked and will not be processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.

According to legal requirements in Germany, the retention period is 10 years in accordance with §§ 147 p. 1 AO, 257 p. 1 no. 1 and 4, p. 4 HGB (books, records, management reports, accounting vouchers, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with § 257 p. 1 no. 2 and 3, p. 4 HGB (commercial letters).

According to legal requirements in Austria, the retention period is 7 years in accordance with § 132 p. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), 22 years in connection with real estate and 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop-Shop (MOSS) is used.

Business-related processing

In addition, we process

– Contract data (e.g., subject matter of the contract, term, customer category).

– Payment data (e.g., bank details, payment history)

of our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.

Therapeutic Services and Coaching

We process the data of our clients and interested parties and other clients or contractual partners (uniformly referred to as “clients”) in accordance with Art. 6 (1) (b) GDPR in order to provide them with our contractual or pre-contractual services. The data processed in this context, the type, scope and purpose and the necessity of their processing are determined by the underlying contractual relationship. The processed data generally includes inventory and master data of the clients (e.g., name, address, etc.), as well as contact data (e.g., e-mail address, telephone, etc.), contract data (e.g., services used, fees, names of contact persons, etc.) and payment data (e.g., bank details, payment history, etc.).

As part of our services, we may also process special categories of data in accordance with Art. 9 (1) GDPR, in particular information on the health of clients, possibly with reference to their sex life or sexual orientation, ethnic origin or religious or philosophical beliefs. For this purpose, if necessary, we obtain the explicit consent of the clients in accordance with Art. 6 (1) (a), Art. 7, Art. 9 (2) (a) GDPR and otherwise process the special categories of data for health care purposes on the basis of Art. 9 (2) (h) GDPR, § 22 (1) no. 1 b. BDSG.

If required for the performance of the contract or by law, we disclose or transmit the data of the clients in the context of communication with other professionals, third parties involved in the performance of the contract, such as billing offices or comparable service providers, insofar as this serves the provision of our services in accordance with Art. 6 (1) (b) GDPR, is required by law in accordance with Art. 6 (1) (c) GDPR, serves our interests or those of our clients in efficient and cost-effective healthcare as a legitimate interest pursuant to Art. 6 (1) (f) GDPR or is necessary pursuant to Art. 6 (1) (d) GDPR. to protect the vital interests of clients or another natural person or within the framework of consent pursuant to Art. 6 (1) (a) and Art. 7 GDPR.

The deletion of the data takes place when the data is no longer necessary for the fulfilment of contractual or legal duties of care as well as for dealing with any warranty and comparable obligations, whereby the necessity of storing the data is reviewed every three years; in all other respects, the statutory retention obligations apply.

Provision of contractual services

We process inventory data (e.g., names and addresses as well as contact details of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with Art. 6 (1) (b) GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.

As part of the use of our online services, we store the IP address and the time of the respective user action. The storage takes place on the basis of our legitimate interests, as well as the user’s protection against misuse and other unauthorized use. As a matter of principle, this data will not be passed on to third parties unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with Art. 6 (1) (c) GDPR.

We process usage data (e.g., the websites visited on our website, interest in our products) and content data (e.g., entries in the booking page or user profile) for advertising purposes in a user profile, in order to display product information to the user based on the services they have used so far.

The deletion of the data takes place after the expiry of legal warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of the statutory archiving obligations, the deletion takes place after their expiry. Information in any customer account will remain until it is deleted.

Administration, financial accounting, office organization, contact management

We process data in the context of administrative tasks as well as organization of our operations, financial accounting and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the context of the provision of our contractual services. The processing bases are Art. 6 (1) (c) GDPR, Art. 6 (1) (f) GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in administration, financial accounting, office organization, archiving of data, i.e. tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the information provided during these processing activities.

In doing so, we disclose or transmit data to the tax authorities if needed, advisors, such as tax advisors or auditors, as well as other fee offices and payment service providers.

Furthermore, on the basis of our business interests, we store information on suppliers, event organisers and other business partners, e.g. for the purpose of contacting us at a later date. As a matter of principle, we store this data, which is mainly company-related, permanently.

Business analysis and market research

In order to be able to operate our business economically, to be able to identify market trends, customer and user wishes, we analyze the data available to us on business transactions, contracts, enquiries, etc. In doing so, we process inventory data, communication data, contract data, payment data, usage data, metadata on the basis of Art. 6 (1) (f) GDPR, whereby the data subjects include customers, interested parties, business partners, visitors and users of the online offering.

The analyses are carried out for the purpose of business evaluations, marketing and market research. In doing so, we may take into account the profiles of registered users with information, e.g. on the services they have used. The analyses serve us to increase user-friendliness, to optimize our offer and to optimize our business efficiency. The analyses are for our sole use and will not be disclosed externally, unless they are anonymous analyses with aggregated values.

If these analyses or profiles are personal, they will be deleted or anonymized upon termination by the user, otherwise after two years from the conclusion of the contract. In addition, the macroeconomic analyses and general trend determinations are prepared anonymously as far as possible.

Comments and Contributions

If users leave comments or other contributions, their IP addresses may be stored for 7 days on the basis of our legitimate interests within the meaning of Art. 6 (1) (f) GDPR. This is done for our safety in case someone leaves illegal content in comments and posts (insults, prohibited political propaganda, etc.). In this case, we ourselves may be prosecuted for the comment or contribution and are therefore interested in the identity of the author.

Furthermore, we reserve the right to process the information provided by users for the purpose of spam detection on the basis of our legitimate interests in accordance with Art. 6 (1) (f) GDPR.

The data provided in the context of comments and contributions will be stored permanently by us until the user objects.

Comment subscriptions

The subscription to the patreon can be subscribed to by users with their consent in accordance with Art. 6 (1) (a) GDPR. Users can unsubscribe at any time.

You can cancel the receipt of our subscription at any time, i.e. Withdraw your consents.

Contact

When contacting us (e.g. via booking page, e-mail, telephone or social media), the user’s details will be processed for the purpose of processing the contact request and its processing in accordance with Art. 6 (1) (b) GDPR. The information provided by users may be stored in a customer relationship management system (“CRM system”) or comparable enquiry organisation.

We will delete the requests if they are no longer required. We review the necessity every two years; Furthermore, the statutory archiving obligations apply.

Hosting

The hosting services used by us serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offer.

In doing so, we, or our hosting provider, process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of order processing agreement).

Collection of access data and log files

On the basis of our legitimate interests within the meaning of Art. 6 (1) (f) GDPR, we, or our hosting provider, collect data about each access to the server on which this service is located (so-called server log files). The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.

For security reasons (e.g. to clarify acts of abuse or fraud), log file information is stored for a maximum period of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes are excluded from deletion until the respective incident has been finally clarified.

Online presence on social media

We maintain online presences within social networks and platforms in order to be able to communicate with customers, interested parties and users who are active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing policies of their respective operators apply.

Unless otherwise stated in our privacy policy, we process the data of users if they communicate with us within the social networks and platforms, e.g. write posts on our online presences or send us messages.

Integration of third-party services and content

On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 (1) (f) GDPR), we use content or services offered by third-party providers within our online offering in order to integrate their content and services, such as videos or fonts (hereinafter referred to as “content”).

This always assumes that the third-party providers of this content are aware of the IP address of the users, as without the IP address they would not be able to send the content to their browser. The IP address is therefore required for the display of this content. We only make every effort to use content whose respective providers only use the IP address to deliver the content. Third parties may also use pixel tags (invisible graphics, also known as “web beacons”) for statistical or marketing purposes. The “pixel tags” can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user’s device and may contain, among other things, technical information on the browser and operating system, referring websites, time of visit and other information on the use of our online offering, as well as be combined with such information from other sources.