privacy policy - SPARKLING MINDS

Data protection declaration

We would like to use the following data protection declaration to inform you which personal data is collected, processed and, if necessary, transmitted when you visit our website and the services and offers accessible via it, to what extent and for what purpose.

As far as this website refers to external pages of other providers (links), you leave our internet offer through these links. The operators of these linked sites and not Sparkling Minds are solely responsible for compliance with data protection regulations.

Name and contact details of the person responsible

The data protection officer of the person responsible is:

Sparkling Minds

Viscardistrasse 6

85356 Freising

Deutschland

Tel.: +49 8161 8061100

E-Mail: info@sparklingminds.de

Website: www.sparklingminds.de

General information on the processing of personal data

Scope of processing

We only process personal data of our users if this is necessary to provide a functional website as well as our offered contents and services. The processing of personal data takes place only on the basis of the currently valid legal basis.

The purposes of processing personal data are based on the conduct of Sparkling Minds business operations.

Legal basis for processing

For the processing of personal data required for the performance of a contract to which the data subject is a party, Art. 6 para. 1 letter b DSGVO serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f DSGVO serves as the legal basis for processing.

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a DSGVO serves as the legal basis.

If the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c DSGVO serves as the legal basis.

In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) DSGVO serves as the legal basis.

Data erasure and storage time

Personal data will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data.

III. Provision of the website and creation of log files

When you visit our website, data is collected by the web server for the transmission of data (information from the computer system of the calling computer) and partly stored in log files on the web server. This data is referred to as “usage data”.

The following data is collected:

Information about the browser type and version used
User’s operating system
Internet service provider of the user
url/referrer url
Date and time of access
IP-Adress from user

The data is stored in the server log files of our system.

The legal basis for the temporary storage of data and log files is Art.6 Para.1 lit. f DSGVO.

Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

Possibility of objection and elimination

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on the part of the user.

Use of cookies

In order to make your visit to our website attractive and to enable the use of certain functions, we use cookies on various pages. Cookies are small text files that your browser stores in your terminal device at the instruction of our website.

The following data is stored and transmitted in the cookies:

language settings
Log-in-Information

We also use cookies to help to understand how visitors interact with our website.

The following data could be transmitted in the cookies:

Used search terms
Frequency of page views

When accessing our website, the user is informed about the use of cookies for analytical purposes via an information banner and, unless Art. 6 para. 1 letter f (legitimate interest of the company or a third party) is used as a legal basis, his consent to the processing of the personal data used for this purpose is obtained.
In this context, a reference is also made to this data protection declaration and how the storage of cookies in the browser settings can be prevented and consent revoked.

Legal basis for data processing

The legal basis for the processing of personal data using technically necessary, analysis cookies is Art. 6 para. 1 lit. f (legitimate interest), or, if the user has given his or her consent, Art. 6 para. 1 lit. a DSGVO (consent).

Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after a page change.

For the following applications we need the use of cookies:

Transfer of language settings
Remember of search terms

For these purposes, our legitimate interest also lies in the processing of personal data in accordance with Art. 6 para. 1 lit. f DSGVO for the use of cookies not requiring consent.

The user data collected by technically necessary cookies are not used to create user profiles.

Duration of storage

Cookies are stored on the user’s computer and transmitted to our site. “Session cookies” are automatically deleted at the end of your visit. Other cookies remain stored on your end device until a storage time, which can be different, has expired or you delete it.

Possibility of objection and elimination

As a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can thus be deleted at any time.

If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.

Contact form and e-mail contact

Description and scope of data processing

There is a contact form on our website which can be used for electronic contact. If a user takes advantage of this possibility, the data entered in the input mask will be transmitted to us and stored.

Fields are mandatory:

Name and surname
Email
Optional: content oft he message

At the time the message is sent, the following data is also stored:

Date and time of the request

Your consent is obtained for the processing of the data within the scope of the sending process and reference is made to this data protection declaration.

Communication by e-mail

Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted by e-mail will be stored.

The data will not be passed on to third parties in either form of contact. The data will only be used to process your request.

Legal basis for data processing

The legal basis for the processing of data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
If the aim of establishing contact is to conclude a contract, Art. 6 para. 1 lit. b DSGVO is the additional legal basis for processing.

Purpose of data processing

The processing of the transmitted personal data serves us solely for the processing of the inquiry. This also includes the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

Duration of storage

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the facts in question have been finally clarified.

Possibility of objection and elimination

The user has the possibility at any time to revoke his consent to the processing of personal data or to object to the processing and storage of his personal data by e-mail contact.

All personal data stored in the course of contacting us will be deleted in this case, unless there are legal reasons (retention periods, demonstrability) to the contrary.

In case of deletion, the conversation cannot be continued.

VI. Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These text files, will be stored on your computer and allow an analysis of your use of our website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.

IP anonymization

We have activated the IP anonymisation function on this website. This will cause your IP address to be cut by Google within Member States of the European Union or in other countries party to the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data.

Browser plugin

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en

Objection to data collection

You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie is set to prevent your information from being collected on future visits to this website: Disable Google Analytics. This causes an opt-out cookie to be placed on your device. If you delete your cookies, you will need to click this link again.
For more information on how Google Analytics uses user data, please refer to Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en

Contract data processing

We have concluded a contract with Google for commissioned data processing and fully implement the requirements of the DSGVO for the use of Google Analytics.

VII. Your rights

You have the following legal rights related to your personal data:

Right to information (Art. 15 DSGVO)

You may request confirmation as to whether any personal data concerning you will be processed by us. If such processing has taken place, you can request the following information from the person responsible:

the purposes for which the personal data are processed;
the categories of personal data processed;
the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
the existence of a right to have your personal data concerning you corrected or deleted, a right to have processing restricted by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
any available information on the origin of the data if the personal data are not collected from the data subject;
the existence of automated decision-making, including profiling in accordance with Article 22(1) and (4) DSGVO and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to Art. 46 DSGVO in connection with the transmission.

This right to information may be limited to the extent that it is likely to make it impossible or seriously impair the realisation of research or statistical purposes and the limitation is necessary for the fulfilment of research or statistical purposes.

Right to correction (Article 16 DSGVO)

You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning you are incorrect or incomplete. The person responsible shall make the correction without delay.

Your right to correction may be limited to the extent that it is likely to render impossible or seriously prejudicial the achievement of the research or statistical purposes and the limitation is necessary for the fulfilment of the research or statistical purposes.

Right to cancellation (“Right to oblivion”) (Art. 17 DSGVO)

deletion duty

You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:

The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO, and there is no other legal basis for the processing.
You file an objection against the processing pursuant to Art. 21 para. 1 DSGVO and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 DSGVO.
The personal data concerning you have been processed unlawfully.
The deletion of personal data concerning you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
The personal data concerning you have been collected in relation to information society services offered pursuant to Art. 8 para. 1 DSGVO.

Information to third parties

If the data controller has made the personal data concerning you public and is obliged to delete it pursuant to Art. 17 para. 1 DSGVO, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

Exemptions

The right to cancellation does not exist insofar as the processing is necessary

to exercise freedom of expression and information;
for the performance of a legal obligation required for processing under the law of the Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 DSGVO;
for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO, insofar as the law referred to under a) is likely to render impossible or seriously impair the attainment of the objectives of such processing, or
to assert, exercise or defend legal claims.

Right to limitation of processing (Art. 18 DSGVO)

Under the following conditions, you may request that the processing of personal data concerning you be restricted:

if you dispute the accuracy of the personal data concerning you for a period of time that enables the person responsible to verify the accuracy of the personal data;
the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
the controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
if you have filed an objection to the processing pursuant to Art. 21 para. 1 DSGVO and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.

If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.

Next section only for data processing for scientific, historical or statistical research purposes:
Your right to limitation of processing may be limited to the extent that it is likely to render impossible or seriously prejudicial the achievement of research or statistical purposes and the restriction is necessary for the fulfilment of research or statistical purposes.

Right to information (Art. 19 DSGVO)

If you have exercised your right to have the data controller correct, delete or limit the processing, he/she is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

The person responsible shall have the right to be informed of such recipients.

Right to data transferability (Art. 20 DSGVO)

You have the right to receive the personal data concerning you that you have provided to the person responsible in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and processing is carried out using automated methods.
In exercising this right, you also have the right to obtain that the personal data relating to you be used by the company for the purpose of the processing.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.

Right of objection (Art. 21 DSGVO)

You have the right to object at any time to the processing of your personal data based on Article 6(1)(e) or (f) of the DSGVO for reasons arising from your particular situation, including profiling based on these provisions, unless you can prove compelling grounds for processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the possibility to exercise your right of objection in connection with the use of Information Society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
You also have the right to object to the processing of personal data concerning you for reasons arising from your particular situation, for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 DSGVO. Your right of objection may be limited to the extent that it is likely to make it impossible or seriously impair the realisation of research or statistical purposes and the restriction is necessary for the fulfilment of research or statistical purposes.

Right to revoke the data protection declaration of consent (Art. 7 para. 3)

You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

Automated decision in individual cases including profiling (Art. 22 DSGVO)

You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision is necessary for the conclusion or performance of a contract between you and the person responsible, is admissible by law of the Union or of the Member States to which the person responsible is subject and that law contains appropriate measures to safeguard your rights, freedoms and legitimate interests, or with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 DSGVO, unless Art. 9 para. 2 lit. a or g DSGVO applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.

Right of appeal to a supervisory authority (Art. 77 DSGVO)

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or suspect of infringement, if you believe that the processing of personal data concerning you is contrary to the DSGVO.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 DSGVO.