Privacy Policy


preamble


With the following privacy policy, we would like to inform you about which types of your personal data (hereinafter also referred to as "data") we process, for what purposes, and to what extent. This privacy policy applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications, and within external online presences, such as our social media profiles (hereinafter collectively referred to as "online offering").


The terms used are not gender-specific.


As of: January 21, 2024



Table of Contents




Person responsible


Sandra Brugger, BruggerPhotography

Zielgasse 11
79618 Rheinfelden


E-mail address: info@bruggerphotography.net

Phone: 4917662954159



Overview of processing


The following overview summarizes the types of data processed and the purposes of their processing and refers to the data subjects.


Types of data processed

  • Inventory data.
  • Payment details.
  • Contact details.
  • Content data.
  • Contract data.
  • Usage data.
  • Meta, communication and procedural data.


    • Categories of data subjects

    • Customers.
    • Interested parties.
    • Communication partner.
    • Users.
    • Business and contractual partners.


      • Purposes of processing

      • Provision of contractual services and fulfillment of contractual obligations.
      • Contact requests and communication.
      • Security measures.
      • Direct marketing.
      • Office and organizational procedures.
      • Managing and responding to inquiries.
      • Feedback.
      • Marketing.
      • Provision of our online offering and user-friendliness.
      • Information technology infrastructure.



        • Relevant legal bases


        Relevant legal bases under the GDPR: Below you will find an overview of the GDPR legal bases on which we process personal data. Please note that in addition to the GDPR regulations, national data protection regulations may apply in your or our country of residence or domicile. Should more specific legal bases apply in individual cases, we will inform you of these in the privacy policy.


        • Consent (Article 6 (1) (a) GDPR) - The data subject has given his or her consent to the processing of personal data concerning him or her for one or more specific purposes.
        • Contractual performance and pre-contractual inquiries (Art. 6 (1) (b) GDPR) - Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
        • Legal obligation (Article 6 (1) (c) GDPR) - Processing is necessary to fulfill a legal obligation to which the controller is subject.
        • Legitimate interests (Article 6 (1) (f) GDPR) - Processing is necessary to protect the legitimate interests of the controller or of a third party, unless such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.


          • National data protection regulations in Germany: In addition to the data protection provisions of the GDPR, national data protection regulations apply in Germany. These include, in particular, the Federal Data Protection Act (BDSG). The BDSG contains, in particular, special provisions on the right to information, the right to erasure, the right of objection, the processing of special categories of personal data, processing for other purposes, and transmission, as well as automated decision-making in individual cases, including profiling. Furthermore, state data protection laws of individual federal states may apply.


          Reference to the validity of GDPR and Swiss DSG: This privacy policy serves to provide information in accordance with both the Swiss Federal Data Protection Act (Swiss DSG) and the General Data Protection Regulation (GDPR). For this reason, we ask you to note that, due to their broader geographical application and clarity, the terms of the GDPR are used. In particular, instead of the terms "processing" of "personal data," "overriding interest," and "particularly sensitive personal data" used in the Swiss DSG, the terms "processing" of "personal data," "legitimate interest," and "special categories of data" used in the GDPR are used. However, the legal meaning of the terms will continue to be determined according to the Swiss DSG within the scope of the Swiss DSG.



          Transmission of personal data


          As part of our processing of personal data, it may happen that the data is transmitted to or disclosed to other bodies, companies, legally independent organizational units, or individuals. Recipients of this data may include, for example, service providers commissioned with IT tasks or providers of services and content integrated into a website. In such cases, we comply with legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.



          Deletion of data


          The data we process will be deleted in accordance with legal requirements as soon as the consent to processing is revoked or other permissions no longer apply (e.g. if the purpose of processing this data no longer applies or it is no longer required for that purpose). If the data is not deleted because it is required for other legally permissible purposes, its processing will be limited to these purposes. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons or whose storage is necessary to assert, exercise or defend legal claims or to protect the rights of another natural or legal person. Our data protection information may also contain further information on the storage and deletion of data that applies primarily to the respective processing.



          Rights of data subjects


          Rights of data subjects under the GDPR: As a data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 21 GDPR:


          • Right of objection: You have the right to object at any time to the processing of personal data concerning you based on Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions. If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is related to such direct marketing.
          • Right of withdrawal for consents: You have the right to revoke your consent at any time.
          • Right to information: You have the right to request confirmation as to whether the data in question is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with the statutory requirements.
          • Right to rectification: In accordance with the statutory provisions, you have the right to request that the data concerning you be completed or that inaccurate data concerning you be corrected.
          • Right to erasure and restriction of processing: In accordance with the statutory provisions, you have the right to request that data concerning you be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with the statutory provisions.
          • Right to data portability: You have the right to receive the data concerning you that you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements or to request that it be transmitted to another controller.
          • Complaint to the supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data concerning you infringes the provisions of the GDPR.



            • Business services


            We process data of our contractual and business partners, e.g., customers and interested parties (collectively referred to as "contractual partners") within the framework of contractual and comparable legal relationships as well as related measures and within the framework of communication with the contractual partners (or pre-contractually), e.g., to answer inquiries.


            We process this data to fulfill our contractual obligations. This includes, in particular, the obligation to provide the agreed services, any update obligations, and remedy in the event of warranty and other service disruptions. Furthermore, we process the data to protect our rights and for the purposes of the administrative tasks associated with these obligations, as well as company organization. Furthermore, we process the data based on our legitimate interests in proper and efficient business management and in security measures to protect our contractual partners and our business operations from misuse and the endangerment of their data, secrets, information, and rights (e.g., the involvement of telecommunications, transport, and other auxiliary services, as well as subcontractors, banks, tax and legal advisors, payment service providers, or tax authorities). Within the framework of applicable law, we only pass on contractual partners' data to third parties to the extent necessary for the aforementioned purposes or to fulfill legal obligations. Contractual partners will be informed of other forms of processing, e.g., for marketing purposes, in this privacy policy.


            We will inform our contractual partners which data is required for the aforementioned purposes before or during data collection, e.g. in online forms, by special marking (e.g. colors) or symbols (e.g. asterisks or similar), or in person.


            We delete the data after statutory warranty and similar obligations have expired, i.e. generally after four years, unless the data is stored in a customer account, e.g. as long as it must be retained for legal archiving reasons. The statutory retention period is ten years for documents relevant under tax law as well as for commercial books, inventories, opening balance sheets, annual financial statements, the work instructions necessary to understand these documents and other organizational documents and accounting documents, and six years for received commercial and business letters and reproductions of sent commercial and business letters. The period begins at the end of the calendar year in which the last entry was made in the book, the inventory, opening balance sheet, annual financial statements or management report was prepared, the commercial or business letter was received or sent, or the accounting document was created, furthermore the recording was made or the other documents were created.


            To the extent that we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms apply to the relationship between users and the providers.


            • Types of data processed: Inventory data (e.g., names, addresses); payment data (e.g., bank details, invoices, payment history); contact data (e.g., email, telephone numbers); contract data (e.g., subject matter of the contract, term, customer category); usage data (e.g., websites visited, interest in content, access times); meta, communication, and procedural data (e.g., IP addresses, time information, identification numbers, consent status).
            • Affected persons: Customers; prospective customers; business and contractual partners.
            • Purposes of processing: Provision of contractual services and fulfillment of contractual obligations; security measures; contact requests and communication; office and organizational procedures. Administration and response to inquiries.
            • Legal basis: Contractual performance and pre-contractual inquiries (Art. 6 (1) (b) GDPR); Legal obligation (Art. 6 (1) (c) GDPR); Legitimate interests (Art. 6 (1) (f) GDPR).


              • Further information on processing procedures, methods and services:


              • Online shop, order forms, e-commerce and delivery: We process our customers' data to enable them to select, purchase, or order the selected products, goods, and related services, as well as to pay for and deliver them or execute them. If necessary to execute an order, we use service providers, in particular postal, forwarding, and shipping companies, to carry out the delivery or execution for our customers. We use the services of banks and payment service providers to process payment transactions. The required information is marked as such within the order or similar purchase process and includes the information needed for delivery, provision, and billing, as well as contact information for any follow-up questions. Legal basis: contract fulfillment and pre-contractual inquiries (Art. 6 (1) (b) GDPR).



                Payment methods


                Within the framework of contractual and other legal relationships, due to legal obligations or otherwise on the basis of our legitimate interests, we offer the data subjects efficient and secure payment options and, in addition to banks and credit institutions, we use other service providers for this purpose (collectively "payment service providers").


                The data processed by the payment service providers includes inventory data such as name and address, bank details such as account numbers or credit card numbers, passwords, TANs and checksums, as well as contract, amount, and recipient-related information. This information is required to process the transactions. However, the data entered is only processed and stored by the payment service providers. This means that we do not receive any account- or credit card-related information, only information confirming or rejecting the payment. Under certain circumstances, the payment service providers may transmit the data to credit agencies. This transmission is for the purpose of identity and credit checks. For more information, please refer to the terms and conditions and the privacy policy of the payment service providers.


                Payment transactions are subject to the terms and conditions and privacy policy of the respective payment service providers, which are available on the respective websites or transaction applications. We also refer to these for further information and to assert your rights of withdrawal, information, and other data subjects.


                • Types of data processed: Inventory data (e.g., names, addresses); payment data (e.g., bank details, invoices, payment history); contract data (e.g., subject matter of the contract, term, customer category); usage data (e.g., websites visited, interest in content, access times); meta, communication, and procedural data (e.g., IP addresses, time information, identification numbers, consent status).
                • Affected persons: Customers. Prospects.
                • Purposes of processing: Provision of contractual services and fulfillment of contractual obligations.
                • Legal basis: Contractual fulfillment and pre-contractual inquiries (Art. 6 (1) (b) GDPR).


                  • Further information on processing procedures, methods and services:


                  • PayPal: Payment services (technical connection of online payment methods) (e.g. PayPal, PayPal Plus, Braintree); Service provider: PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg; Legal basis: contract fulfillment and pre-contractual inquiries (Art. 6 (1) (b) GDPR); Website: https://www.paypal.com/de. Privacy Policy: https://www.paypal.com/de/webapps/mpp/ua/privacy-full.



                    Provision of the online offer and web hosting


                    We process user data to provide them with our online services. For this purpose, we process the user's IP address, which is necessary to transmit the content and functions of our online services to the user's browser or device.


                    • Types of data processed: Usage data (e.g., websites visited, interest in content, access times); meta, communication, and procedural data (e.g., IP addresses, time information, identification numbers, consent status).
                    • Affected persons: Users (e.g. website visitors, users of online services).
                    • Purposes of processing: Provision of our online offering and user-friendliness; information technology infrastructure (operation and provision of information systems and technical equipment (computers, servers, etc.)); security measures. Provision of contractual services and fulfillment of contractual obligations.
                    • Legal basis: Legitimate interests (Article 6 (1) (f) GDPR).


                      • Further information on processing procedures, methods and services:


                      • Collection of access data and log files: Access to our online offering is logged in the form of so-called "server log files." These server log files may include the address and name of the accessed web pages and files, the date and time of access, the amount of data transferred, notification of successful access, browser type and version, the user's operating system, the referrer URL (the previously visited page), and, as a rule, IP addresses and the requesting provider. These server log files may be used for security purposes, e.g., to prevent server overload (particularly in the case of abusive attacks, so-called DDoS attacks), and to ensure server utilization and stability. Legal basis: Legitimate interests (Article 6 (1) (f) GDPR). Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymized. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally resolved.
                      • 1&1 IONOS: Services in the field of providing information technology infrastructure and related services (e.g. storage space and/or computing capacity); Service provider: 1&1 IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany; Legal basis: Legitimate interests (Article 6 (1) (f) GDPR); Website: https://www.ionos.de; Privacy Policy: https://www.ionos.de/terms-gtc/terms-privacy. Data processing agreement: https://www.ionos.de/hilfe/datenschutz/general-information-zur-datenschutz-grundverfassung-dsgvo/vertragsprocessing/.



                        • Contact and inquiry management


                        When you contact us (e.g. by post, contact form, email, telephone or via social media) as well as within the framework of existing user and business relationships, the information provided by the person making the inquiry will be processed to the extent necessary to answer the contact inquiries and any requested measures.


                        • Types of data processed: Contact data (e.g., email, telephone numbers); content data (e.g., entries in online forms); usage data (e.g., websites visited, interest in content, access times); meta, communication, and procedural data (e.g., IP addresses, time information, identification numbers, consent status).
                        • Affected persons: Communication partner.
                        • Purposes of processing: Contact requests and communication; administration and response to inquiries; feedback (e.g., collecting feedback via online form). Provision of our online offering and user-friendliness.
                        • Legal basis: Legitimate interests (Art. 6 (1) (f) GDPR). Contractual performance and pre-contractual inquiries (Art. 6 (1) (b) GDPR).


                          • Further information on processing procedures, methods and services:


                          • Contact form: If users contact us via our contact form, email, or other communication channels, we process the data communicated to us in this context to process the communicated request; legal basis: contract fulfillment and pre-contractual inquiries (Art. 6 (1) (b) GDPR), legitimate interests (Art. 6 (1) (f) GDPR).



                            Communication via Messenger


                            We use messengers for communication purposes and therefore ask you to note the following information on the functionality of the messengers, encryption, the use of communication metadata and your options for objection.


                            You can also contact us via alternative means, such as telephone or email. Please use the contact options provided or those provided within our online offering.


                            In the case of end-to-end encryption of content (i.e., the content of your message and attachments), please note that the communication content (i.e., the content of the message and attached images) is encrypted end-to-end. This means that the content of the messages cannot be viewed, not even by the messenger providers themselves. You should always use a current version of the messenger with encryption enabled to ensure the encryption of the message content.


                            However, we would also like to point out to our communication partners that although the providers of the messengers cannot see the content, they can find out that and when communication partners communicate with us, as well as technical information about the device used by the communication partners and, depending on the settings of their device, location information (so-called metadata) is processed.


                            Notes on legal bases: If we ask communication partners for permission before communicating with them via messenger, the legal basis for our processing of their data is their consent. Otherwise, if we do not ask for consent and they contact us on their own initiative, for example, we use messengers in our relationship with our contractual partners and in the context of contract initiation as a contractual measure, and in the case of other interested parties and communication partners, based on our legitimate interest in fast and efficient communication and fulfilling the needs of our communication partners for communication via messenger. We would also like to point out that we will not transmit the contact details provided to us to the messengers for the first time without your consent.


                            Revocation, objection and deletion: You can revoke your consent at any time and object to communication with us via Messenger at any time. In the case of communication via Messenger, we delete messages in accordance with our general deletion guidelines (e.g., as described above, after the end of contractual relationships, in the context of archiving requirements, etc.) and otherwise as soon as we can assume that we have responded to any inquiries from the communication partners, provided no reference to a previous conversation is expected and there are no statutory retention periods that prevent deletion.


                            • Types of data processed: Contact data (e.g., email, telephone numbers); usage data (e.g., websites visited, interest in content); meta, communication, and procedural data (e.g., IP addresses, time information, identification numbers).
                            • Affected persons: Communication partner.
                            • Purposes of processing: Contact requests and communication; direct marketing (e.g., by email or post).
                            • Legal basis: Consent (Art. 6 (1) (a) GDPR). Legitimate interests (Art. 6 (1) (f) GDPR).



                              • Presences in social networks (social media)


                              We maintain online presences within social networks and, in this context, process user data in order to communicate with the users active there or to offer information about us.


                              We would like to point out that user data may be processed outside the European Union. This could pose risks for users, for example, because it could make it more difficult to enforce their rights.


                              Furthermore, user data within social networks is generally processed for market research and advertising purposes. For example, user profiles can be created based on user behavior and the resulting interests of the users. These user profiles can then be used, for example, to place advertisements within and outside the networks that presumably correspond to the users' interests. For these purposes, cookies are generally stored on users' computers in which the user behavior and interests are saved. Furthermore, user profiles can also store data independent of the devices used by the users (particularly if the users are members of the respective platforms and are logged in to them).


                              For a detailed description of the respective processing methods and the options for opting out, please refer to the privacy policies and information provided by the operators of the respective networks.


                              In the case of requests for information and the assertion of data subject rights, we would like to point out that these can be most effectively asserted with the providers. Only the providers have access to the user data and can directly take appropriate measures and provide information. If you still need assistance, please contact us.


                              • Types of data processed: Contact data (e.g., email, telephone numbers); content data (e.g., entries in online forms); usage data (e.g., websites visited, interest in content, access times); meta, communication, and procedural data (e.g., IP addresses, time information, identification numbers, consent status).
                              • Affected persons: Users (e.g. website visitors, users of online services).
                              • Purposes of processing: Contact requests and communication; feedback (e.g., collecting feedback via online form). Marketing.
                              • Legal basis: Legitimate interests (Article 6 (1) (f) GDPR).


                                • Further information on processing procedures, methods and services: