Sibylle Berg

Privacy Agreement

With this data protection declaration, we inform you which personal data we process, for what purpose, how and where, in particular in connection with our sibylleberg.com website and our other services. With this data protection declaration, we also inform you about the rights of persons whose data we process.

Special, supplementary or further data protection declarations as well as other legal documents such as general terms and conditions (GTC), terms of use or conditions of participation may apply to individual or additional offers and services.

Our offer is subject to Swiss data protection law as well as any applicable foreign data protection law such as, in particular, that of the European Union (EU) with the General Data Protection Regulation (GDPR). The European Commission recognizes that Swiss data protection law ensures adequate data protection.

Responsibility for the processing of personal data:

Tom Produkt c/o Ertugrul Eren Kohlhöfen 17 20355 Hamburg ertu@tomprodukt.de

Processing of personal data

Terms

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, collection, deletion, storage, modification, destruction and use of personal data.

The European Economic Area (EEA) comprises the European Union (EU) and the Principality of Liechtenstein, Iceland and Norway. The General Data Protection Regulation (GDPR) refers to the processing of personal data as the processing of personal data.

Legal basis

We process personal data in accordance with Swiss data protection law, in particular the Federal Data Protection Act (DPA) and the Ordinance to the Federal Data Protection Act (DDPA).

We process personal data - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - in accordance with at least one of the following legal bases:

  • Art. 6 para. 1 lit. b DSGVO for the necessary processing of personal data for the performance of a contract with the data subject as well as for the implementation of pre-contractual measures.

  • Art. 6 para. 1 lit. f DSGVO for the necessary processing of personal data to protect the legitimate interests of us or of third parties, unless the fundamental freedoms and rights and interests of the data subject prevail. Legitimate interests are, in particular, our interest in being able to provide our offer permanently, in a user-friendly, secure and reliable manner, as well as to be able to advertise for it if necessary, information security as well as protection against misuse and unauthorised use, the enforcement of our own legal claims and compliance with Swiss law.

  • Art. 6 para. 1 lit. c DSGVO for the necessary processing of personal data to comply with a legal obligation to which we are subject under any applicable law of Member States in the European Economic Area (EEA).

  • Art. 6 para. 1 lit. e DSGVO for the necessary processing of personal data for the performance of a task which is in the public interest.

  • Art. 6 para. 1 lit. a DSGVO for the processing of personal data with the consent of the data subject.

  • Article 6(1)(d) of the GDPR for the processing of personal data necessary to protect the vital interests of the data subject or another natural person.

    Nature, scope and purpose

    We process the personal data required to provide our services in a permanent, user-friendly, secure and reliable manner. Such personal data can fall into the categories of inventory and contact data, browser and device data, content data, meta or marginal data and usage data, location data, sales, contract and payment data.

    We process personal data for the period of time required for the relevant purpose(s) or as required by law. Personal data whose processing is no longer required is anonymised or deleted. Persons whose data we process generally have the right to have their data deleted.

    In principle, we only process personal data with the consent of the data subject, unless the processing is permitted for other legal reasons, for example to fulfil a contract with the data subject and for corresponding pre-contractual measures, to protect our overriding legitimate interests, because the processing is evident from the circumstances or after prior information.

    In this context, we process in particular information that a data subject provides to us voluntarily and of his or her own accord when contacting us - for example, by letter, email, contact form, social media or telephone - or when registering for a user account. We may store such information, for example, in an address book or with comparable tools. If you transmit personal data to us via third parties, you are obliged to guarantee data protection vis-à-vis such third parties and to ensure the accuracy of such personal data.

    We also process personal data that we receive from third parties, obtain from publicly accessible sources or collect in the course of providing our services, if and to the extent that such processing is permitted for legal reasons.

    Processing of personal data by third parties, also abroad

    We may have personal data processed by commissioned third parties or process it jointly with third parties or with the help of third parties or transmit it to third parties. Such third parties are in particular providers whose services we use. We also ensure appropriate data protection for such third parties.

    Such third parties are generally located in Switzerland and the European Economic Area (EEA). However, such third parties may also be located in other states and territories on earth as well as elsewhere in the universe, provided that their data protection law guarantees adequate data protection according to the assessment of the Federal Data Protection and Information Commissioner (FDPIC) and - if and insofar as the General Data Protection Regulation (GDPR) is applicable - according to the assessment of the European Commission, or if adequate data protection is guaranteed for other reasons, such as through a corresponding contractual agreement, in particular on the basis of standard contractual clauses, or through a corresponding certification. Exceptionally, such a third party may be located in a country without adequate data protection, provided that the requirements under data protection law, such as the explicit consent of the data subject, are met.

    Rights of data subjects

    Data subjects whose personal data we process have the rights under Swiss data protection law. These include the right to information as well as the right to correction, deletion or blocking of the personal data processed.

    Data subjects whose personal data we process may - if and to the extent that the General Data Protection Regulation (GDPR) is applicable - request confirmation free of charge as to whether we are processing their personal data and, if so, request information about the processing of their personal data, have the processing of their personal data restricted, exercise their right to data portability and have their personal data corrected, deleted ("right to be forgotten"), blocked or completed.

    Data subjects whose personal data we process may - if and insofar as the GDPR applies - revoke consent they have given at any time with effect for the future and object to the processing of their personal data at any time.

    Data subjects whose personal data we process have a right of appeal to a competent supervisory authority. The supervisory authority for data protection in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).

    Data security

    We take appropriate and suitable technical and organisational measures to ensure data protection and data security in particular. However, despite such measures, the processing of personal data on the Internet can always have security gaps. We cannot therefore guarantee absolute data security.

    Access to our online offer takes place via transport encryption (SSL / TLS, in particular with the Hypertext Transfer Protocol Secure, abbreviated HTTPS). Most browsers indicate transport encryption with a padlock in the address bar.

    Access to our online offer is subject - as is basically any use of the Internet - to mass surveillance without cause and without suspicion, as well as other surveillance by security authorities in Switzerland, the European Union (EU), the United States of America (USA) and other countries. We cannot directly influence the corresponding processing of personal data by secret services, police agencies and other security authorities.

    Social media

    We are present on social media platforms and other online platforms in order to communicate with interested persons and to provide information about our offer. Personal data may also be processed outside Switzerland and the European Economic Area (EEA).

    The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such online platforms also apply in each case. These provisions inform in particular about the rights of data subjects, which include in particular the right to information.

    For our Social Media presence on Facebook, Twitter and Instagram, including the so-called Page Insights, we are jointly responsible with Facebook Ireland Limited and Twitter International Company in Ireland, if and to the extent that the GDPR is applicable. Page insights provide information about how visitors interact with our Facebook presence. We use Page Insights to provide our social media presence on Facebook in an effective and user-friendly way.

    Further information on the type, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook and Twitter as well as the data protection officer of Facebook and Twitter can be found in the data protection declaration ("data policy") of Facebook and Twitter. We have entered into the so-called "controller addendum" with Facebook and Twitter and have thus agreed in particular that Facebook and Twitter are responsible for ensuring the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the pages "Page Insights Information" including "Page Insights Addendum regarding the Responsible Party" and "Page Insights Data Information" of Facebook and Twitter respectively.

    Third party services

    We use third-party services in order to be able to provide our offer in a permanent, user-friendly, secure and reliable manner. Such services are also used to embed content on our website. Such services - for example hosting and storage services, video services and payment services - require your Internet Protocol (IP) address, as such services cannot otherwise transmit the corresponding content. Such services may be located outside of Switzerland and the European Economic Area (EEA), provided that adequate data protection is guaranteed.

    For their own security-related, statistical and technical purposes, third parties whose services we use may also process data in connection with our offer and from other sources - including cookies, log files and counting pixels - in aggregated, anonymised or pseudonymised form.

    Digital infrastructure

    We use services of third parties to be able to make use of required digital infrastructure for our offer. This includes, for example, hosting and storage services from specialized providers.

    Final provisions

    We have created this data protection declaration with the data protection generator of Datenschutzpart- ner.

    We can adapt and supplement this data protection declaration at any time. We will inform about such adaptations and additions in an appropriate form, in particular by publishing the respective current data protection declaration on our website.