We are very delighted that youhave shown interest in our enterprise. Data protection is of a particularlyhigh priority for the management of Jim Vetter Photography. The use of theInternet pages of Jim Vetter Photography is possible without any indication ofpersonal data; however, if a data subject wants to use special enterpriseservices via our website, processing of personal data could become necessary.If the processing of personal data is necessary and there is no statutory basisfor such processing, we generally obtain consent from the data subject.
The processing of personal data,such as the name, address, e-mail address, or telephone number of a datasubject shall always be in line with the General Data Protection Regulation(GDPR), and in accordance with the country-specific data protection regulationsapplicable to Jim Vetter Photography. By means of this data protectiondeclaration, our enterprise would like to inform the general public of thenature, scope, and purpose of the personal data we collect, use and process.Furthermore, data subjects are informed, by means of this data protectiondeclaration, of the rights to which they are entitled.
As the controller, Jim VetterPhotography has implemented numerous technical and organizational measures toensure the most complete protection of personal data processed through thiswebsite. However, Internet-based data transmissions may in principle havesecurity gaps, so absolute protection may not be guaranteed. For this reason,every data subject is free to transfer personal data to us via alternativemeans, e.g. by telephone.
The data protection declarationof Jim Vetter Photography is based on the terms used by the European legislatorfor the adoption of the General Data Protection Regulation (GDPR). Our dataprotection declaration should be legible and understandable for the generalpublic, as well as our customers and business partners. To ensure this, wewould like to first explain the terminology used.
In this data protectiondeclaration, we use, inter alia, the following terms:
· a) Personal data
Personal data means anyinformation relating to an identified or identifiable natural person (“datasubject”). An identifiable natural person is one who can be identified,directly or indirectly, in particular by reference to an identifier such as aname, an identification number, location data, an online identifier or to oneor more factors specific to the physical, physiological, genetic, mental,economic, cultural or social identity of that natural person.
· b) Data subject
Data subject is any identified oridentifiable natural person, whose personal data is processed by the controllerresponsible for the processing.
· c) Processing
Processing is any operation orset of operations which is performed on personal data or on sets of personaldata, whether or not by automated means, such as collection, recording,organisation, structuring, storage, adaptation or alteration, retrieval,consultation, use, disclosure by transmission, dissemination or otherwisemaking available, alignment or combination, restriction, erasure ordestruction.
· d) Restriction of processing
Restriction of processing is themarking of stored personal data with the aim of limiting their processing inthe future.
· e) Profiling
Profiling means any form ofautomated processing of personal data consisting of the use of personal data toevaluate certain personal aspects relating to a natural person, in particularto analyse or predict aspects concerning that natural person's performance atwork, economic situation, health, personal preferences, interests, reliability,behaviour, location or movements.
· f) Pseudonymisation
Pseudonymisation is theprocessing of personal data in such a manner that the personal data can nolonger be attributed to a specific data subject without the use of additionalinformation, provided that such additional information is kept separately andis subject to technical and organisational measures to ensure that the personaldata are not attributed to an identified or identifiable natural person.
· g) Controller or controller responsible forthe processing
Controller or controllerresponsible for the processing is the natural or legal person, publicauthority, agency or other body which, alone or jointly with others, determinesthe purposes and means of the processing of personal data; where the purposes andmeans of such processing are determined by Union or Member State law, thecontroller or the specific criteria for its nomination may be provided for byUnion or Member State law.
· h) Processor
Processor is a natural or legalperson, public authority, agency or other body which processes personal data onbehalf of the controller.
· i) Recipient
Recipient is a natural or legalperson, public authority, agency or another body, to which the personal dataare disclosed, whether a third party or not. However, public authorities whichmay receive personal data in the framework of a particular inquiry inaccordance with Union or Member State law shall not be regarded as recipients;the processing of those data by those public authorities shall be in compliancewith the applicable data protection rules according to the purposes of theprocessing.
· j) Third party
Third party is a natural or legalperson, public authority, agency or body other than the data subject,controller, processor and persons who, under the direct authority of thecontroller or processor, are authorised to process personal data.
· k) Consent
Consent of the data subject isany freely given, specific, informed and unambiguous indication of the datasubject's wishes by which he or she, by a statement or by a clear affirmativeaction, signifies agreement to the processing of personal data relating to himor her.
2.Name and Address of the controller
Controller for the purposes ofthe General Data Protection Regulation (GDPR), other data protection lawsapplicable in Member states of the European Union and other provisions relatedto data protection is:
Jim Vetter Photography
19 Azalea Avenue
Fairfax, CA 94930
3.Collection of general data and information
The website of Jim VetterPhotography collects a series of general data and information when a datasubject or automated system calls up the website. This general data andinformation are stored in the server log files. Collected may be (1) thebrowser types and versions used, (2) the operating system used by the accessingsystem, (3) the website from which an accessing system reaches our website(so-called referrers), (4) the sub-websites, (5) the date and time of access tothe Internet site, (6) an Internet protocol address (IP address), (7) theInternet service provider of the accessing system, and (8) any other similardata and information that may be used in the event of attacks on ourinformation technology systems.
When using these general data andinformation, Jim Vetter Photography does not draw any conclusions about thedata subject. Rather, this information is needed to (1) deliver the content ofour website correctly, (2) optimize the content of our website as well as itsadvertisement, (3) ensure the long-term viability of our information technologysystems and website technology, and (4) provide law enforcement authoritieswith the information necessary for criminal prosecution in case of acyber-attack. Therefore, Jim Vetter Photography analyzes anonymously collecteddata and information statistically, with the aim of increasing the dataprotection and data security of our enterprise, and to ensure an optimal levelof protection for the personal data we process. The anonymous data of theserver log files are stored separately from all personal data provided by adata subject.
4.Contact possibility via the website
The website of Jim VetterPhotography contains information that enables a quick electronic contact to ourenterprise, as well as direct communication with us, which also includes ageneral address of the so-called electronic mail (e-mail address). If a datasubject contacts the controller by e-mail or via a contact form, the personaldata transmitted by the data subject are automatically stored. Such personaldata transmitted on a voluntary basis by a data subject to the data controllerare stored for the purpose of processing or contacting the data subject. Thereis no transfer of this personal data to third parties.
5.Comments function in the blog on the website
Jim Vetter Photography offersusers the possibility to leave individual comments on individual blogcontributions on a blog, which is on the website of the controller. A blog is aweb-based, publicly-accessible portal, through which one or more people calledbloggers or web-bloggers may post articles or write down thoughts in so-calledblogposts. Blogposts may usually be commented by third parties.
If a data subject leaves acomment on the blog published on this website, the comments made by the datasubject are also stored and published, as well as information on the date ofthe commentary and on the user's (pseudonym) chosen by the data subject. Inaddition, the IP address assigned by the Internet service provider (ISP) to thedata subject is also logged. This storage of the IP address takes place forsecurity reasons, and in case the data subject violates the rights of thirdparties, or posts illegal content through a given comment. The storage of thesepersonal data is, therefore, in the own interest of the data controller, sothat he can exculpate in the event of an infringement. This collected personaldata will not be passed to third parties, unless such a transfer is required bylaw or serves the aim of the defense of the data controller.
6.Routine erasure and blocking of personal data
The data controller shall processand store the personal data of the data subject only for the period necessaryto achieve the purpose of storage, or as far as this is granted by the Europeanlegislator or other legislators in laws or regulations to which the controlleris subject to.
If the storage purpose is notapplicable, or if a storage period prescribed by the European legislator oranother competent legislator expires, the personal data are routinely blockedor erased in accordance with legal requirements.
7.Rights of the data subject· a) Right of confirmation
Each data subject shall have theright granted by the European legislator to obtain from the controller the confirmationas to whether or not personal data concerning him or her are being processed.If a data subject wishes to avail himself of this right of confirmation, he orshe may, at any time, contact any employee of the controller.
· b) Right of access
Each data subject shall have theright granted by the European legislator to obtain from the controller freeinformation about his or her personal data stored at any time and a copy ofthis information. Furthermore, the European directives and regulations grant thedata subject access to the following information:
o the purposes of the processing;
o the categories of personal data concerned;
o the recipients or categories of recipients to whom the personaldata have been or will be disclosed, in particular recipients in thirdcountries or international organisations;
o where possible, the envisaged period for which the personal datawill be stored, or, if not possible, the criteria used to determine thatperiod;
o the existence of the right to request from the controllerrectification or erasure of personal data, or restriction of processing ofpersonal data concerning the data subject, or to object to such processing;
o the existence of the right to lodge a complaint with asupervisory authority;
o where the personal data are not collected from the data subject,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 significanceand envisaged consequences of such processing for the data subject.
Furthermore, the data subjectshall have a right to obtain information as to whether personal data aretransferred to a third country or to an international organisation. Where thisis the case, the data subject shall have the right to be informed of theappropriate safeguards relating to the transfer.
If a data subject wishes to availhimself of this right of access, he or she may, at any time, contact anyemployee of the controller.
· c) Right to rectification
Each data subject shall have theright granted by the European legislator to obtain from the controller withoutundue delay the rectification of inaccurate personal data concerning him orher. Taking into account the purposes of the processing, the data subject shallhave the right to have incomplete personal data completed, including by meansof providing a supplementary statement.
If a data subject wishes toexercise this right to rectification, he or she may, at any time, contact anyemployee of the controller.
· d) Right to erasure (Right to be forgotten)
Each data subject shall have theright granted by the European legislator to obtain from the controller theerasure of personal data concerning him or her without undue delay, and the controllershall have the obligation to erase personal data without undue delay where oneof the following grounds applies, as long as the processing is not necessary:
o The personal data are no longer necessary in relation to thepurposes for which they were collected or otherwise processed.
o The data subject withdraws consent to which the processing isbased according to point (a) of Article 6(1) of the GDPR, or point (a) ofArticle 9(2) of the GDPR, and where there is no other legal ground for theprocessing.
o The data subject objects to the processing pursuant to Article21(1) of the GDPR and there are no overriding legitimate grounds for theprocessing, or the data subject objects to the processing pursuant to Article21(2) of the GDPR.
o The personal data have been unlawfully processed.
o The personal data must be erased for compliance with a legalobligation in Union or Member State law to which the controller is subject.
o The personal data have been collected in relation to the offerof information society services referred to in Article 8(1) of the GDPR.
If one of the aforementionedreasons applies, and a data subject wishes to request the erasure of personaldata stored by Jim Vetter Photography, he or she may, at any time, contact anyemployee of the controller. An employee of Jim Vetter Photography shallpromptly ensure that the erasure request is complied with immediately.
Where the controller has madepersonal data public and is obliged pursuant to Article 17(1) to erase thepersonal data, the controller, taking account of available technology and thecost of implementation, shall take reasonable steps, including technicalmeasures, to inform other controllers processing the personal data that thedata subject has requested erasure by such controllers of any links to, or copyor replication of, those personal data, as far as processing is not required.An employees of Jim Vetter Photography will arrange the necessary measures inindividual cases.
· e) Right of restriction of processing
Each data subject shall have theright granted by the European legislator to obtain from the controllerrestriction of processing where one of the following applies:
o The accuracy of the personal data is contested by the datasubject, for a period enabling the controller to verify the accuracy of thepersonal data.
o The processing is unlawful and the data subject opposes theerasure of the personal data and requests instead the restriction of their useinstead.
o The controller no longer needs the personal data for thepurposes of the processing, but they are required by the data subject for theestablishment, exercise or defence of legal claims.
o The data subject has objected to processing pursuant to Article21(1) of the GDPR pending the verification whether the legitimate grounds ofthe controller override those of the data subject.
If one of the aforementionedconditions is met, and a data subject wishes to request the restriction of theprocessing of personal data stored by Jim Vetter Photography, he or she may atany time contact any employee of the controller. The employee of Jim VetterPhotography will arrange the restriction of the processing.
· f) Right to data portability
Each data subject shall have theright granted by the European legislator, to receive the personal dataconcerning 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 totransmit those data to another controller without hindrance from the controllerto which the personal data have been provided, as long as the processing isbased 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 Article6(1) of the GDPR, and the processing is carried out by automated means, as longas the processing is not necessary for the performance of a task carried out inthe public interest or in the exercise of official authority vested in thecontroller.
Furthermore, in exercising his orher right to data portability pursuant to Article 20(1) of the GDPR, the datasubject shall have the right to have personal data transmitted directly fromone controller to another, where technically feasible and when doing so doesnot adversely affect the rights and freedoms of others.
In order to assert the right todata portability, the data subject may at any time contact any employee of JimVetter Photography.
· g) Right to object
Each data subject shall have theright granted by the European legislator to object, on grounds relating to hisor her particular situation, at any time, to processing of personal dataconcerning him or her, which is based on point (e) or (f) of Article 6(1) ofthe GDPR. This also applies to profiling based on these provisions.
Jim Vetter Photography shall nolonger process the personal data in the event of the objection, unless we candemonstrate compelling legitimate grounds for the processing which override theinterests, rights and freedoms of the data subject, or for the establishment,exercise or defence of legal claims.
If Jim Vetter Photographyprocesses personal data for direct marketing purposes, the data subject shallhave the right to object at any time to processing of personal data concerninghim or her for such marketing. This applies to profiling to the extent that itis related to such direct marketing. If the data subject objects to Jim VetterPhotography to the processing for direct marketing purposes, Jim VetterPhotography will no longer process the personal data for these purposes.
In addition, the data subject hasthe right, on grounds relating to his or her particular situation, to object toprocessing of personal data concerning him or her by Jim Vetter Photography forscientific or historical research purposes, or for statistical purposespursuant to Article 89(1) of the GDPR, unless the processing is necessary forthe performance of a task carried out for reasons of public interest.
In order to exercise the right toobject, the data subject may contact any employee of Jim Vetter Photography. Inaddition, the data subject is free in the context of the use of informationsociety services, and notwithstanding Directive 2002/58/EC, to use his or herright to object by automated means using technical specifications.
· h) Automated individual decision-making, including profiling
Each data subject shall have theright granted by the European legislator not to be subject to a decision basedsolely on automated processing, including profiling, which produces legaleffects 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 theperformance of, a contract between the data subject and a data controller, or(2) is not authorised by Union or Member State law to which the controller issubject and which also lays down suitable measures to safeguard the datasubject's rights and freedoms and legitimate interests, or (3) is not based onthe data subject's explicit consent.
If the decision (1) is necessaryfor entering into, or the performance of, a contract between the data subjectand a data controller, or (2) it is based on the data subject's explicitconsent, Jim Vetter Photography shall implement suitable measures to safeguardthe data subject's rights and freedoms and legitimate interests, at least theright to obtain human intervention on the part of the controller, to expresshis or her point of view and contest the decision.
If the data subject wishes toexercise the rights concerning automated individual decision-making, he or shemay, at any time, contact any employee of Jim Vetter Photography.
· i) Right to withdraw data protection consent
Each data subject shall have theright granted by the European legislator to withdraw his or her consent toprocessing of his or her personal data at any time.
If the data subject wishes toexercise the right to withdraw the consent, he or she may, at any time, contactany employee of Jim Vetter Photography.
8.Legal basis for the processing
Art. 6(1) lit. a GDPR serves asthe legal basis for processing operations for which we obtain consent for aspecific processing purpose. If the processing of personal data is necessaryfor the performance of a contract to which the data subject is party, as is thecase, for example, when processing operations are necessary for the supply ofgoods 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 necessaryfor carrying out pre-contractual measures, for example in the case of inquiriesconcerning our products or services. Is our company subject to a legalobligation by which processing of personal data is required, such as for thefulfillment of tax obligations, the processing is based on Art. 6(1) lit. cGDPR. In rare cases, the processing of personal data may be necessary toprotect the vital interests of the data subject or of another natural person.This would be the case, for example, if a visitor were injured in our companyand his name, age, health insurance data or other vital information would haveto be passed on to a doctor, hospital or other third party. Then the processingwould be based on Art. 6(1) lit. d GDPR. Finally, processing operations couldbe based on Article 6(1) lit. f GDPR. This legal basis is used for processingoperations which are not covered by any of the abovementioned legal grounds, ifprocessing is necessary for the purposes of the legitimate interests pursued byour company or by a third party, except where such interests are overridden bythe interests or fundamental rights and freedoms of the data subject whichrequire protection of personal data. Such processing operations areparticularly permissible because they have been specifically mentioned by theEuropean legislator. He considered that a legitimate interest could be assumedif the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
9.The legitimate interests pursued by the controller or by a third party
Where the processing of personaldata is based on Article 6(1) lit. f GDPR our legitimate interest is to carryout our business in favor of the well-being of all our employees and theshareholders.
10.Period for which the personal data will be stored
The criteria used to determinethe period of storage of personal data is the respective statutory retentionperiod. After expiration of that period, the corresponding data is routinelydeleted, as long as it is no longer necessary for the fulfillment of the contractor the initiation of a contract.
11.Provision of personal data as statutory or contractual requirement; Requirementnecessary to enter into a contract; Obligation of the data subject to providethe personal data; possible consequences of failure to provide such data
We clarify that the provision ofpersonal data is partly required by law (e.g. tax regulations) or can alsoresult from contractual provisions (e.g. information on the contractualpartner). Sometimes it may be necessary to conclude a contract that the datasubject provides us with personal data, which must subsequently be processed byus. The data subject is, for example, obliged to provide us with personal datawhen our company signs a contract with him or her. The non-provision of thepersonal data would have the consequence that the contract with the datasubject could not be concluded. Before personal data is provided by the datasubject, the data subject must contact any employee. The employee clarifies tothe data subject whether the provision of the personal data is required by lawor contract or is necessary for the conclusion of the contract, whether thereis an obligation to provide the personal data and the consequences ofnon-provision of the personal data.
12.Existence of automated decision-making
As a responsible company, we donot use automatic decision-making or profiling.