I am very pleased about your interest in my company. Data protection is particularly important to Nicolai Design’s management. The use of the Nicolai Design website is possible without providing any personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the person concerned.
The processing of personal data, such as the name, address, e-mail address or telephone number of a person concerned, is always carried out in accordance with the Basic Data Protection Regulation and in accordance with the country-specific data protection regulations applicable to Nicolai Design. Through this privacy statement, our company wishes to inform the public about the nature, extent and purpose of the personal data we collect, use and process. In addition, this privacy statement will inform individuals about their rights.
Nicolai Design, as the data controller, has implemented numerous technical and organisational measures to ensure that the personal data processed via this website is protected as completely as possible. Nevertheless, Internet-based data transmissions can in principle have security gaps, so that absolute protection cannot be guaranteed. For this reason, each person concerned is free to transmit personal data to us by alternative means, such as telephone.
1 Definitions of terms
We use the following terms in this data protection declaration:
a) personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter „data subject“). A natural person shall be considered identifiable if he 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 one or more specific characteristics expressing the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.
(b) Data subject
Data subject means any identified or identifiable natural person whose personal data are processed by the controller.
Processing“ means any operation or set of operations which is carried out with or without the aid of automated processes and which relates to personal data, such as collection, recording, organisation, sorting, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or association, qualification, erasure or destruction.
(d) Limitation of processing
Limitation of processing is the marking of stored personal data with the aim of limiting their future processing.
Profiling is any automated processing of personal data consisting of 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 the work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or movement of that natural person.
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 provision of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data are not attributed to an identified or identifiable natural person.
The controller or data controller is 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 laid down by Union law or by the law of the Member States, the controller or controllers may be designated in accordance with Union law or with the law of the Member States on the basis of specific criteria.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
The recipient is a natural or legal person, public authority, agency or other body to whom personal data are disclosed, whether or not that person is a third party. However, authorities which may receive personal data in the course of a specific investigation task under Union law or the law of the Member States shall not be considered as recipients.
(j) Third parties
Third party means any natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised to process the personal data under the direct responsibility of the controller or processor.
Consent shall mean any voluntary, informed and unambiguous expression by the data subject of his or her will in the particular case, in the form of a statement or other unequivocal confirmatory act, indicating that he or she consents to the processing of his or her personal data.
2. the name and address of the controller
The person responsible within the meaning of the Basic Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is the Data Protection Commissioner:
Information according to § 5 TMG
Phone: (+49) 0 157 344 746 04
3. collection of general data and information
The Nicolai Design website collects a series of general data and information each time the website is accessed by a data subject or an automated system. These general data and information are stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-sites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used to avert dangers in the event of attacks on our information technology systems.
When using this general data and information, Nicolai Design does not draw any conclusions about the person concerned. This information is needed (1) to correctly deliver the content of our website, (2) to optimise the content of our website and the advertising for it, (3) to guarantee the long-term functionality of our information technology systems and the technology of our website and (4) to provide law enforcement authorities with the information necessary for prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by Nicolai Design both statistically and with the aim of increasing data protection and data security in our company in order to ultimately ensure an optimum level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by the person concerned.
4. registration on our website
The data subject shall have the possibility to register on the website of the controller by providing personal data. The personal data transmitted to the data controller in this process is determined by the respective input mask used for registration. The personal data entered by the data subject shall be collected and stored exclusively for internal use by the controller and for its own purposes. The controller may arrange for the data to be disclosed to one or more processors, such as a parcel service, who will also use the personal data solely for internal purposes attributable to the controller.
By registering on the controller’s website, the IP address assigned to the data subject by the Internet service provider (ISP), the date and time of registration are also stored. This data is stored in order to prevent misuse of our services and, if necessary, to enable us to investigate criminal offences. In this respect, the storage of this data is necessary to safeguard the data controller. These data will not be passed on to third parties unless there is a legal obligation to do so or the data is used for criminal prosecution.
The registration of the data subject with voluntary disclosure of personal data serves the purpose of the data controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to modify the personal data provided during registration at any time or to have them completely deleted from the database of the data controller.
The data controller shall provide any data subject with information on the personal data stored on the data subject at any time upon request. Furthermore, the data controller shall correct or delete personal data at the request or notice of the data subject, unless this is contrary to any legal obligation to retain such data. A data protection officer named in this data protection declaration and the entire staff of the data controller are available to the data subject as contact persons in this context.
5. possibility of contact via the website
Nicolai Design’s website contains, in accordance with legal requirements, information that enables us to contact our company quickly and electronically and to communicate directly with us, which also includes a general e-mail address. If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted voluntarily by a data subject to the data controller will be stored for the purposes of processing or contacting the data subject. This personal data will not be passed on to third parties.
6. routine deletion and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period of time necessary to achieve the storage purpose or where provided for by the European directive and regulation maker or another legislator in laws or regulations to which the controller is subject.
If the storage purpose no longer applies or if a storage period prescribed by the European directive and regulation giver or another competent legislator expires, the personal data shall be blocked or deleted routinely and in accordance with the statutory provisions.
7. Rights of the data subject
a) Right to confirmation
Every data subject shall have the right, granted by the European directive and regulation maker, to obtain from the controller confirmation as to whether personal data relating to him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact our data protection officer or another employee of the controller.
b) Right of access
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to obtain at any time, free of charge, from the controller, information on the personal data relating to him which have been stored and a copy of that information. Furthermore, the European Data Protection Supervisor has granted the data subject access to the following information:
– the purposes of the processing
– the categories of personal data processed
– the recipients or categories of recipients to whom the personal data have been disclosed, or
still to be disclosed, in particular to beneficiaries in third countries or to international organisations
– if possible, the planned duration for which the personal data will be stored or, if that is not possible, the criteria for determining that duration
– the existence of a right to rectify or erase personal data relating to him or her or to limit the scope of his or her right to access, rectify or cancel personal data relating to him or her
processing by the controller or a right of opposition to such processing
– the existence of a right of appeal to a supervisory authority
– if the personal data are not collected from the data subject: All available information on the origin of the data
– the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the DS Block Exemption Regulation and – at least in these cases
– meaningful information on the logic involved and the scope and intended impact of such processing on the data subject
The data subject also has the right to know whether personal data have been transferred to a third country or to an international organisation. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in connection with the transfer.
If a data subject wishes to exercise this right of access, he or she can contact our data protection officer or another employee of the data controller at any time.
c) Right of rectification
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to request the rectification without delay of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right, having regard to the purposes of the processing, to request the completion of incomplete personal data, including by means of a supplementary statement.
If a data subject wishes to exercise this right of rectification, he or she can contact our data protection officer or another employee of the data controller at any time.
d) Right to deletion (right to be forgotten)
Any person data subject to the processing of personal data shall have the right, granted by the European directive and regulation, to require the controller to erase without delay personal data concerning him which are subject to one of the following conditions and to the extent that the processing is not necessary:
Personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
The data subject withdraws his consent on which the processing was based pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO and there is no other legal basis for the processing.
The data subject objects to the processing under Article 21(1) DS Block Exemption Regulation and there are no overriding legitimate reasons for the processing or the data subject objects to the processing under Article 21(2) DS Block Exemption Regulation.
The personal data have been processed unlawfully.
The deletion of the personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the controller is subject.
The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 DS-GVO.
If one of the above reasons applies and a data subject wishes to have personal data stored at Nicolai Design deleted, he or she can contact our data protection officer or another employee of the data controller at any time. The data protection officer of Nicolai Design or another employee will ensure that the request for deletion is complied with immediately.
If the personal data have been made public by Nicolai Design and if our company as the person responsible is obliged to delete the personal data in accordance with Art. 17 Para. 1 DS-GVO, Nicolai Design shall take appropriate measures, including technical measures, to inform other persons responsible for data processing who process the published personal data, taking into account the available technology and the implementation costs, that the person concerned has requested the deletion of all links to this personal data or copies or replications of this personal data from these other persons responsible for data processing, insofar as the processing is not necessary. The data protection officer of Nicolai Design or another employee will take the necessary steps in individual cases.
(e) Right to limitation of processing
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation, to request the controller to limit the processing if one of the following conditions is met:
The accuracy of the personal data shall be contested by the data subject for a period of time which allows the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject refuses to erase the personal data and instead requests that the use of the personal data be restricted.
The controller no longer needs the personal data for the purposes of processing, but the data subject needs them for the assertion, exercise or defence of legal rights.
The data subject has lodged an objection to the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet clear whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above conditions is met and a data subject wishes to request the restriction of personal data stored at Nicolai Design, he can contact our data protection officer or another employee of the data controller at any time. The data protection officer of Nicolai Design or another employee will arrange for the processing to be restricted.
f) Right to data transferability
Any data subject involved in the processing of personal data has the right, granted by the European directive and regulation, to obtain personal data concerning him or her which have been provided by the data subject to a controller in a structured, common and machine-readable format. It also has the right to communicate these data to another controller without being hindered by the controller to whom the personal data have been provided, provided that the processing is based on the consent pursuant to Art. 6 para. 1 letter a DS-GVO or Art. 9 para. 2 letter a DS-GVO or on a contract pursuant to Art. 6 para. 1 letter b DS-GVO and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority entrusted to the controller.
Furthermore, when exercising his right to data transferability pursuant to Art. 20 (1) DS Block Exemption Regulation, the data subject shall have the right to obtain that the personal data be transferred directly from one data controller to another data controller insofar as this is technically feasible and insofar as this does not impair the rights and freedoms of other persons.
To assert the right to data transferability, the person concerned can contact the data protection officer appointed by Nicolai Design or another employee at any time.
g) Right of objection
Any person data subject to the processing of personal data has the right, granted by the European directive and regulation maker, to object at any time, for reasons related to his/her particular situation, to the processing of personal data concerning him/her on the basis of Article 6(1)(e) or (f) of the DS Block Exemption Regulation. This also applies to profiling based on these provisions.
Nicolai Design will no longer process personal data in the event of objection, unless we can prove compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the person concerned, or the processing serves to assert, exercise or defend legal claims.
If Nicolai Design processes personal data in order to carry out direct advertising, the person concerned has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling as far as it is connected with such direct advertising. If the person concerned objects to Nicolai Design’s processing for purposes of direct advertising, Nicolai Design will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data concerning him by Nicolai Design for scientific or historical research purposes or for statistical purposes in accordance with Art. 89 Para. 1 DS-GVO for reasons arising from his particular situation, unless such processing is necessary for the performance of a task in the public interest.
In order to exercise the right to object, the data subject may contact Nicolai Design’s data protection officer or another employee directly. The data subject is also free to exercise his or her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures using technical specifications.
h) Automated decisions in individual cases including profiling
Any person data subject to the processing of personal data has the right under the European Directive and Regulation not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon him or her or significantly affects him or her in a similar manner, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) is authorised by Union or national law or by the Member States to which the data controller is subject and which provides for adequate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, or (3) is taken with the express consent of the data subject.
Where the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the data controller or (2) is taken with the express consent of the data subject, Nicolai Design shall take appropriate measures to safeguard the rights and freedoms and the legitimate interests of the data subject, including at least the right to have the data controller intervene, to present his or her point of view and to contest the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact our data protection officer or another employee of the data controller for this purpose.
i) Right to revoke consent under data protection law
Any person concerned by the processing of personal data has the right, granted by the European directive and regulation maker, to revoke consent to the processing of personal data at any time.
If the data subject wishes to exercise his/her right to withdraw his/her consent, he/she may at any time contact our data protection officer or another employee of the data controller.
8. payment method: Data protection regulations for PayPal as payment method
The data controller has integrated PayPal components into this website. PayPal is an online payment service provider. Payments are processed through so-called PayPal accounts, which are virtual private or business accounts. PayPal also offers the option of processing virtual payments via credit cards if a user does not have a PayPal account. A PayPal account is managed via an e-mail address, which is why there is no classic account number. PayPal makes it possible to initiate online payments to third parties or to receive payments. PayPal also acts as a trustee and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the person concerned selects „PayPal“ as the payment option during the ordering process in our online shop, the data of the person concerned is automatically transferred to PayPal. By selecting this payment option, the person concerned consents to the transfer of personal data required for payment processing.
The personal data transmitted to PayPal is usually first name, surname, address, email address, IP address, telephone number, mobile phone number or other data necessary for payment processing. For the completion of the sales contract such personal data are also necessary, which stand in connection with the respective order.
The transmission of the data is intended for payment processing and fraud prevention. The person responsible for the processing will transfer personal data to PayPal in particular if there is a justified interest in the transfer. The personal data exchanged between PayPal and the data controller may be transferred by PayPal to credit agencies. The purpose of this transfer is to check identity and creditworthiness.
PayPal may transfer the personal data to affiliated companies and service providers or subcontractors if this is necessary to fulfil the contractual obligations or if the data is to be processed on behalf of the customer.
The person concerned has the opportunity to revoke his or her consent to the handling of personal data at PayPal at any time. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing
9. legal basis of the processing
Art. 6 I lit. a DS-GVO serves our company as a legal basis for processing operations in 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 data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of other services or consideration, the processing is based on Art. 6 I lit. b DS-GVO. The same shall apply to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c DS-GVO. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our site were injured and his name, age, health insurance information or other vital information would have to be disclosed to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d DS-GVO. Ultimately, processing operations could be based on Art. 6 I lit. f DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and fundamental freedoms of the data subject do not predominate. Such processing operations are permitted to us in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the data controller (recital 47 sentence 2 DS-GVO).
10. legitimate interests in the processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f DS-GVO, our legitimate interest is the conduct of our business for the benefit of all our employees and shareholders.
11. duration for which the personal data are stored
The criterion for the duration of the storage of personal data is the respective legal retention period. After this period has expired, the corresponding data will be routinely deleted unless they are no longer required for the fulfilment or initiation of the contract.
12. legal or contractual provisions relating to the provision of personal data; the need to conclude a contract; the obligation of the data subject to provide the personal data; the possible consequences of not providing the personal data
We will inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a person concerned makes personal data available to us which must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with him or her. Failure to provide personal data would mean that the contract could not be concluded with the data subject. Before the data subject provides personal data, he or she must contact our data protection officer. Our data protection officer informs the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of a contract, whether there is an obligation to provide the personal data and what consequences the non-availability of the personal data would have.
13. existence of an automated decision making process
As a responsible company, we refrain from automatic decision-making or profiling.
This privacy statement was created by the Privacy Statement Generator of DGD Deutsche Gesellschaft für Datenschutz GmbH, which conducts privacy audits, in cooperation with RC GmbH, which operates IT remarketing and the media law firm WILDE BEUGER SOLMECKE.
Notes on data processing in connection with Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Ireland Limited. If the person responsible for data processing on this website is located outside the European Economic Area or Switzerland, Google Analytics data processing is carried out by Google LLC. Google LLC and Google Ireland Limited are hereinafter referred to as „Google“.
Google Analytics uses „cookies“, which are text files placed on the user’s computer, to help the website analyze how users use the site. The information generated by the cookie about the use of this website by the website visitor (including the abbreviated IP address) is generally transmitted to a Google server, where it is stored.
Google Analytics is used exclusively with the extension „_anonymizeIp()“ on this website. This extension ensures anonymization of the IP address by shortening it and excludes direct personal references. This extension shortens Google’s IP address within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The IP address transmitted by the corresponding browser within the scope of Google Analytics is not merged with other Google data.
On behalf of the site operator, Google will use the information collected to evaluate the use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the site operator (Art. 6 para. 1 lit. f DSGVO). The justified interest in the data processing lies in the optimisation of this website, the analysis of the use of the website and the adaptation of the contents. The interests of the users are sufficiently protected by pseudonymisation.
Google LLC. is certified according to the so-called Privacy Shield (list entry here) and guarantees an appropriate level of data protection on this basis. The data sent and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 50 months. Data whose retention period has been reached is automatically deleted once a month.
The collection by Google Analytics can be prevented by the page visitor adjusting the cookie settings for this website. The collection and storage of the IP address and the data generated by cookies can also be objected to at any time with effect for the future. The corresponding browser plugin can be downloaded and installed under the following link: https://tools.google.com/dlpage/gaoptout.
The website visitor can prevent Google Analytics from collecting data on this website by clicking on the following link. An Opt-Out-Cookie is set, which prevents the future collection of data when visiting this website.
Further information on the use of data by Google, setting and objection options can be found in Google’s data protection declaration (https://policies.google.com/privacy) and in the settings for the display of advertising by Google (https://adssettings.google.com/authenticated).