Terms & Conditions | Nutzungsbedingungen
The use of jessicaschueller.com is possible without any indication of personal data. If a User wants to use special services via the Site, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, the Website Operator generally obtains consent from the User.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a User shall always be in line with the EU General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to Jessica Schueller. This data protection declaration informs the general public and users of this website of the nature, scope, and purpose of the personal data the Jessica Schueller collects, uses and processes. Furthermore Users are informed, by means of this data protection declaration, of the rights to which they are entitled.
Internet-based data transmissions may have security gaps, so absolute protection cannot be guaranteed. For this reason Jessica Schüller encourages every User to transfer personal data to Jessica Schüller via alternative means, e.g. by telephone or mail.
The data protection declaration of Jessica Schueller is inter-alia based on the following terminology.
jessicaschueller.com and any webpage on the domain jessicaschueller.com but no linked or unlinked third-party websites are referred to as the Site.
2. Website OperatorJessica Schüller (Schueller)
The General Data Protection Regulation is EU Resolution 2016/679. The data protection guaranteed by GDPR is insured by the Website Operator to all Site users from the European Union and European Economic Area.
4. User and data subject
Any identified or identifiable natural person is a data subject under GDPR. If the data subjects’s personal data is processed by the Website Operator because of using this website, it is referred to individually as the “User”. All users are collectively the “Users”. 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.
5. Personal Data
Personal data means any information relating to a User. Personal data includes but is not limited to: 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.
Processing is any operation or set of operations which is performed on Personal Data. Processing can be conducted by manual or automated means and includes but is not limited to 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 of Personal Data.
7. Restriction of Processing
Restriction of Processing is the marking of stored Personal Data with the aim of limiting their Processing in the future.
Profiling means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a User in particular to analyze or predict aspects concerning that User’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization is the processing of Personal Data in such a manner that the personal data can no longer be attributed to a specific User 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.
10. Controller responsible for the Processing
„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; 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
„Processor“ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.
Recipient is a natural or legal person, public authority, agency or another body, to which the Personal Data are disclosed, whether a third party or not. However, public authorities which may receive Personal Data in the framework of a particular inquiry in accordance with the laws of the European Union, a country or state shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the Processing.
13. Third party
Third party is a natural or legal person, public authority, agency or body other than the User, Controller, Processor and persons who, under the direct authority of the Controller or Processor, are authorised to Process personal data.
Consent of the User is any freely given, specific, informed and unambiguous indication of the User’s wishes by which the User, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to the User.
Text files that are stored in a computer system via an Internet browser, which may contain a cookie ID that serves as a unique identifier of the cookie, are refered to as “Cookies”. Cookies consist of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the Cookie was stored. A specific Internet browser can be recognized and identified using the unique Cookie ID. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
1. Name and Address of the Controllerand Data Protection Officer
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member States of the European Union, the United States or states and other provisions related to data protection is:
Jessica SchüllerPhilippine-Welser-Straße 19
Phone: +49 160 970 26207
Any data subject or User may, at any time, contact the Website Operator directly with all questions and suggestions concerning data protection and data processing.
Jessica Schüller (Schueller) is a freelancer and does not carry out regular and systematic monitoring of data subjects on a large scale and therefore does not appoint a data protection officer in regards to GDPR.
1. Collection of general data and information
The Site automatically collects a series of general data and information when a User or automated system accesses the Site. This general data and information are stored in the server log files. Collected may be (1) information about the web browser (e.g. type and version), (2) the operating system used by the accessing system, (3) the website, sub-websites or search terms referred the User to the Site, (4) some of the Cookies already saved on the User’s browser, (5) the date, time and time zone of access to the Site, (6) an Internet protocol address (“IP address”), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems. Additionally, as the User browses the Site, the Website Operator collects information about (1) the individual web pages that the User views and (2) information about how the User interacts with the Site.
1. Collection of Personal Data through the contact possibility via the Site
The Site contains information that enables electronic contact to the Website Operator, as well as direct communication with the Website Operator, which also includes a general address of the electronic mail (e-mail address) and a contact form. If a User contacts the Controller by e-mail or via a the Site’s contact form, the Personal Data transmitted by the User are automatically stored. Such Personal Data transmitted on a voluntary basis by a User to the data Controller are stored for the purpose of contacting the User. There is no transfer of this Personal Data to Third Parties without written consent of the User
1. Usage of collected data
When using general data and information, the Website Operator tries not to draw any conclusions about the User. The User’s Personal Data and general data may be processed and shared for the following purposes
1. Performance of the Site
2. The legitimate interests pursued by the Controller by a third party.
Where the processing of Personal Data is based on Article 6 (1) lit. if GDPR the Website Operator’s legitimate interest is to carry out the business in favor of the well-being of all employees and shareholders.
3. Provision of Personal Data statutory requirement
The provision of Personal Data is partly required by law depending on the applicable jurisdiction. The Website Operator will do its best to clarify to the User whether the provision of the Personal Data is required by law. The Website Operator will also inform the User whether there is an obligation to provide the Personal Data and the consequences of non-provision of such Personal Data. If the data is collected in order to comply with applicable law, the Website Operator will be likely to share Personal Data in order to comply with these applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information received by government institutions, or to otherwise protect the Website Operator’s rights.
4. Provision of Personal Datas contractual requirement
If a contract is concluded between the User and Website Operator or they are in the process of entering such contract, it is likely that the User provides the Website Operator with Personal Data. The data will likely be processed by the Website Operator. Any non-provision of the Personal Data needed would result in the Website Operator being unable to conclude that contract. The Website Operator will do its best to clarify to the User whether the provision of the Personal Data is required for individual contract or is necessary for the conclusion of the contract.
5. Marketing reasons
Data is only used for marketing reasons, if the User has given consent of his or personal data. The Website Operator uses Personal Data generally to fulfill orders placed through the Site and communicate with the User. The Website Operator also uses Personal Data when in line with the preferences the User has shared with the Website Operator, provide the User with information or advertising relating to the Website Operator’s products or services. A User can withdraw the consent for their data usage at any time simply by giving the Website Operator a written notice. A User can opt out of targeted advertising by using the following links: FACEBOOK – https://www.facebook.com/settings/?tab=ads; GOOGLE – https://www.google.com/settings/ads/anonymous; BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ad Additionally, a User can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/
1. Routine erasure and blocking of Personal Data
The data Controller shall process and store the Personal Data of the User only for the period necessary to achieve the purpose of storage, or as far as this is granted by the legislators in laws or regulations to which the Controller is subject to.
If the storage purpose is not applicable, or if a storage period prescribed by the legislator that the Site Operator is subject to, expires, the Personal Data are routinely blocked or erased in accordance with legal requirements.
1. Data protection rights of the User
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
1. Right of confirmation
Each User shall have the right granted by the European legislator to obtain from the Controller the confirmation as to whether or not Personal Data concerning him or her are being processed. If a User wishes to avail himself of this right of confirmation, he or she may, at any time, contact any representative of the Controller.
2. Right of access
Each User shall have the right granted by the European legislator to obtain from the Controller free information about his or her Personal Data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the User access to the following information:
o the purpose of processing
o the categories of Personal Data concerned;
o 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;
o where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period;
o 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 User, or to object to such processing;
o the existence of the right to lodge a complaint with a supervisory authority;
o where the Personal Data are not collected from the User, any available information as to their source;
o the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the User. Furthermore, the User shall have a right to obtain information as to whether Personal Data are transferred to a third country or to an international organization, if the sharing of this information is legal for the Website Operator. Where this is the case, the User shall have the right to be informed of the appropriate safeguards relating to the transfer, if the sharing of this information is legal for the Website Operator.
If a User wishes to avail himself of this right of access, he or she may, at any time, contact any representative of the Controller.
3. Right to rectification
Each User shall have the right granted by the European legislator to obtain from the Controller without undue delay the rectification of inaccurate Personal Data concerning him or her. Taking into account the purposes of the processing, the User shall have the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.
If a User wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the Controller.
4. Right to erasure (Right to be forgotten)
Each User shall have 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:
o The Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
o The User withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
o The User objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the User objects to the processing pursuant to Article 21(2) of the GDPR.
o The Personal Data have been unlawfully processed.
o The Personal Datamust be erased for compliance with a legal obligation in Union or Member State law to which the Controlleris subject.
o The Personal Data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR. If one of the aforementioned reasons applies, and a User wishes to request the erasure of Personal Data stored by the Website Operator the User at any time might contact the Controller. The Website Operator shall promptly ensure that the erasure request is complied with immediately.Where the controller has made Personal Data public and is obliged pursuant to Article 17(1) to erase the Personal Data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the Personal Data that the User has requested erasure by such controllers of any links to, or copy or replication of, those Personal Data, as far as processing is not required. The Website Operator Jessica Schüller (Schueller) will arrange the necessary measures in individual cases.
5. Right of restriction of processing
Each User shall have the right granted by the European legislator to obtain from the Controller restriction of processing where one of the following applies:
o The accuracy of the Personal Data is contested by the User, for a period enabling the controller to verify the accuracy of the Personal Data.
o The processing is unlawful and the User opposes the erasure of the Personal Data and requests instead the restriction of their use instead.
o The Controller no longer needs the Personal Data for the purposes of the processing, but they are required by the User for the establishment, exercise or defence of legal claims.
o The User has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the User. If one of the aforementioned conditions is met, and a User wishes to request the restriction of the processing of Personal Data stored by the Website Operator the User may at any time contact any representative of the Website Operator. The representative of the Website Operator will arrange the restriction of the processing.
6. Right to data portability
Each User shall have the right granted by the European legislator, to receive the Personal Data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the Personal Data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as 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 his or her right to data portability pursuant to Article 20(1) of the GDPR, the User shall have the right to have Personal Data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.In order to assert the right to data portability, the User may at any time contact any representative of the Website Operator.
7. Right to object
Each User shall have the right granted by the European legislator 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.
The Website Operator shall no longer process the Personal Data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the User, or for the establishment, exercise or defense of legal claims.
If the Website Operator processes Personal Data for direct marketing purposes, the User shall have the right to object at any time to processing of Personal Data concerning the User for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the User objects to the Website Operator the processing for direct marketing purposes, the Website Operator will no longer process the Personal Data for these purposes.
In addition, the User has the right, on grounds relating to his or her particular situation, to object to processing of Personal Data concerning the User by the Website Operator 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.
In order to exercise the right to object, the User may contact any representative of Website Operator. In addition, the User is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
8. Automated individual decision-making, including profilingeach User shall have 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 him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the User and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the User’s rights and freedoms and legitimate interests, or (3) is not based on the User’s explicit consent.If the decision (1) is necessary for entering into, or the performance of, a contract between the Userand a data controller, or (2) it is based on the User’s explicit consent Website Operator shall implement suitable measures to safeguard the User’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision. If the User wishes to exercise the rights concerning automated individual decision-making the User, at any time, may contact any representative of the Website Operator.
9. Right to withdraw data protection consent
Each User shall have the right to withdraw his or her consent to processing of his or her Personal Data at any time.If the User wishes to exercise the right to withdraw the consent the User may, at any time, contact any representative of the Website Operator.
1. Data protection provisions about the application and use of Google Analytics (with anonymization function)
The Controller uses Google Analytics as a Processor to help the Website Operator understand how the Users use the Site. Google Analytics is a web analytics service. Web analytics is the measurement, collection, analysis and reporting of web data for purposes of understanding and optimizing web usage. A web analysis service collects, inter alia, data about the website from which a person has come, which webpages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out analysis of Internet advertising.
The operator of the Google Analytics component is Google Inc., located at 1600 Amphitheatre Pkwy, Mountain View, California 94043-1351, United States.
For the web analytics through Google Analytics the Controller uses the application “_gat. _anonymizeIp”. By means of this application the IP address of the Internet connection of the User is abridged by Google and anonymized when accessing the Site from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
Google Analytics places a cookie on the information technology system of the User. With the setting of the cookie, Google is enabled to analyze the use of the Site. With each call-up to one of the individual pages of the Site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the User will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, Google Inc. gains knowledge of personal information, such as the IP address of the User, which serves Google Inc., inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.
The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the User. With each visit to the Site, such Personal Data, including the IP address of the Internet access used by the User, will be transmitted to Google in the United States of America. These Personal Data are stored by Google in the United States of America. Google may pass these Personal Data collected through the technical procedure to Third Parties.
The User has the possibility of objecting to a Processing of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the Usermust download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html Google Analytics is further explained under the following Link https://www.google.com/analytics/.
Users can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout
1. Legal basis for the processing
Art. 6(1) lit. 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 User is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is the Website Operator subject to a legal obligation by which processing of Personal Data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of Personal Data may be necessary to protect the vital interests of the User or of another natural person. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. 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 the Website Operator or by a Third Party, except where such interests are overridden by the interests or fundamental rights and freedoms of the User which require protection of Personal Data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator, which considered that a legitimate interest could be assumed if the User is a client of the Controller (Recital 47 Sentence 2 GDPR).
1. Period for which the Personal Data will be stored
The criteria used to determine the period of storage of Personal Data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.
1. Non-existence of automated decision-making
The Website Operator does not use automatic decision-making or Profiling
1. Changes of this policy