This data protection declaration clarifies the type, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the websites, functions and contents connected with it as well as external online presences, such as our Social Media Profile (hereinafter referred to collectively as "online offer"). With regard to the terms used, e.g. "processing" or "responsible person", we refer to the definitions in Art. 4 of the General Data Protection Rights (GDPR).
The Metamorphosis Podcast
Nora Breuker & Erin Howe
We are very pleased about your interest in our company. Data protection has a particularly high priority for The Metamorphosis Podcast. A use of the internet pages of The Metamorphosis Podcast is basically possible without any indication of personal data. However, if a person concerned would like to use special services of our company via our internet site, it might 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 Metamorphosis Podcast, as the person responsible for processing, has implemented numerous technical and organizational measures to ensure the most complete protection possible of the personal data processed via this website. Nevertheless, Internet-based data transmissions may have security gaps, so that an absolute protection cannot be guaranteed. For this reason, every person concerned is free to transmit personal data to us by alternative means, such as by telephone.
1. Definitions of terms
We use the following terms, among others, in this data protection declaration:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as 'data subject'). An identifiable natural person is one who 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 factors specific to the physical, physiological, genetic, mental, 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 is any operation or set of operations, performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
(d) Restriction of processing
Restriction 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 that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, conduct, location or change of location.
Pseudonymization is the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without additional information, provided that this additional information is kept separately and is subject to technical and organizational measures which ensure that the personal data is not attributed to an identified or identifiable natural person.
(g) Controller or data controller
Controller or data controller shall mean the natural or legal person, public authority, agency or any 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 determined by Union law or by the law of the Member States, provision may be made for the controller or for the specific criteria for his or her designation in accordance with Union law or the law of the Member States.
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 it is a third party. However, authorities which may receive personal data in the course of a specific investigation, in accordance with Union or national law, 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 who, under the direct authority of the controller or the processor, are authorized to process the personal data.
Consent shall mean any freely given specific and informed expression of the data subject's will in an informed and unequivocal manner, in the form of a declaration or other unequivocal affirmative act by which the data subject signifies his or her consent to the processing of personal data relating to him or her.
2. The name and address of the controller
is responsible in the sense of the basic data protection regulation, other data protection laws applicable in the member states of the European Union and other regulations of a data protection nature:
The Metamorphosis Podcast
Nora Breuker & Erin Howe
3. Right of withdrawal
You have the right to revoke consents granted in accordance with Art. 7 Para. 3 GDPR with effect for the future
4. Right of objection
You can object to the future processing of data concerning you at any time in accordance with Art. 21 GDPR. The objection may in particular be made against processing for the purposes of direct advertising.
By using cookies, The Metamorphosis Podcast can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
By means of a cookie, the information and offers on our website can be optimized in the interest of the user. Cookies enable us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website.
The person concerned can prevent the setting of cookies by our website at any time by means of a corresponding setting in the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an Internet browser or other software programs. This is possible in all common Internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, it is possible that not all functions of our website can be used to their full extent.
6. Hosting and e-mail dispatch
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail dispatch, security services as well as technical maintenance services which we use for the purpose of operating this online offer.
In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of contract processing agreement).
7. Online presences in social media
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.
Unless otherwise stated in our data protection declaration, we process the data of users if they communicate with us within the social networks and platforms, e.g. write articles on our online presences or send us messages.
a) Use of Facebook Social Plugins
On the basis of our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) Social Plugins ("Plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The Plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and can be recognized by one of the Facebook logos (white "f" on blue tile, the words "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook Social Plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection with the Facebook servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated into the online offering by the user. User profiles can be created from the processed data. We therefore have no influence on the extent of the data that Facebook collects with the help of this plugin and therefore inform the users according to our state of knowledge.
By integrating the plugins, Facebook receives the information that a user has called up the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his or her Facebook account. If users interact with the plugins, for example, by pressing the Like button or making a comment, the corresponding information is transmitted directly from your device to Facebook and stored there. If a user is not a member of Facebook, it is still possible for Facebook to find out his or her IP address and store it. According to Facebook, only an anonymized IP address is stored in Germany.
If a user is a Facebook member and does not want Facebook to collect data about him or her via this online offer and link it to his or her membership data stored on Facebook, he or she must log out of Facebook and delete his or her cookies before using our online offer. Further settings and objections to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings?tab=ads or via the US-American page http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
8. Collection of general data and information
The Metamorphosis Podcast website collects a number of general data and information with each visit to the website by a data subject or automated system. This general data and information is 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 internet page from which an accessing system accesses our internet page (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our internet page, (5) the date and time of an access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information which serve to prevent danger in the event of attacks on our information technology systems.
When using this general data and information, The Metamorphosis Podcast does not draw any conclusions about the person concerned. This information is rather required in order to (1) deliver the contents of our website correctly, (2) optimize the contents of our website as well as the advertising for it, (3) to guarantee the permanent functionality of our information technology systems and the technology of our website as well as (4) to provide law enforcement agencies in the case of a cyber attack with the necessary information for prosecution. This anonymously collected data and information is therefore statistically evaluated by Runaway Redhead on the one hand and also with the aim of increasing data protection and data security in our company, in order to ultimately ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by an affected person.
9. Subscription to our newsletter
On the Metamorphosis Podcast website, users are given the opportunity to subscribe to our company's newsletter. The personal data that will be transmitted to the data controller when ordering the newsletter can be seen from the input mask used for this purpose.
The Metamorphosis Podcast informs its customers and business partners at regular intervals by means of a newsletter about offers from the company. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject registers for the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address registered for the first time by a person concerned for the purpose of receiving the newsletter using the double opt-in procedure. This confirmation mail is used to check whether the owner of the e-mail address has authorized the receipt of the newsletter as a data subject.
When registering for the newsletter, we also save the IP address assigned by the Internet Service Provider (ISP) of the computer system used by the person concerned at the time of registration as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of the e-mail address of a data subject at a later date and therefore serves to provide legal protection for the data controller.
The personal data collected in the course of registering for the newsletter is used exclusively for sending our newsletter. In addition, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or for registration, as might be the case if there are changes to the newsletter offer or if technical conditions change. The personal data collected within the scope of the newsletter service will not be passed on to third parties. The subscription to our newsletter can be cancelled by the person concerned at any time. The consent to the storage of personal data, which the person concerned has given us for the newsletter service, can be revoked at any time. For the purpose of revoking the consent, a corresponding link is included in every newsletter. It is also possible to cancel the subscription to the newsletter at any time by e-mail. Please send your cancellation to the following e-mail address: email@example.com. We will then immediately delete your data in connection with the newsletter dispatch.
10. Newsletter tracking
The newsletters from The Metamorphosis Podcast contain so-called counting pixels. A tracking pixel is a thumbnail graphic that is embedded in such e-mails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. By means of the embedded pixel-code, The Metamorphosis Podcast can recognize whether and when an email was opened by a person concerned and which links in the email were called up by the person concerned.
Such personal data collected via the tracking pixels contained in the newsletters is stored and evaluated by the data controller in order to optimize the newsletter dispatch and to adapt the content of future newsletters even better to the interests of the data subject. This personal data is not passed on to third parties. Affected persons are entitled to revoke the separate declaration of consent submitted in this regard via the double opt-in procedure at any time. After revocation, these personal data will be deleted by the data controller. A cancellation of the receipt of the newsletter is automatically interpreted by The Metamorphosis Podcast as a revocation.
11. Possibility of contact via the website
Due to legal regulations, the The Metamorphosis Podcast website contains information that enables a quick electronic contact to our company as well as a direct communication with us, which also includes a general address of the so-called electronic mail (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 controller are stored for the purposes of processing or contacting the data subject. Such personal data shall not be disclosed to third parties.
12. Web analysis
a.) Google Analytics
This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, in the event that IP anonymisation is activated on this website, your IP address will be shortened by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area before this happens. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on the website activities and to provide further services to the website operator in connection with the use of the website and the Internet. The IP address transmitted by your browser within the scope of Google Analytics is not combined with other data from Google.
13. Routine deletion and blocking of personal data
The controller shall process and store personal data relating to the data subject only for the time necessary to achieve the purpose of storage or where provided for by the European Directive and Regulation or by any other law or regulation to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or any other competent legislator expires, the personal data will be blocked or deleted as a matter of routine and in accordance with the statutory provisions.
14. Rights of the data subject
(a) Right to confirmation
Every data subject has the right, granted by the European Directives and Regulations, to obtain confirmation from the controller as to whether personal data relating to him are being processed. If a data subject wishes to exercise this right of confirmation, he or she may at any time contact an employee of the controller.
(b) Right of access
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain at any time and free of charge from the controller information on the personal data stored in relation to him or her and a copy thereof. Furthermore, the European Directive and Regulation Giver has granted the data subject access to the following information:
o the processing purposes
o the categories of personal data processed
o the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular to recipients in third countries or to international organizations
o if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
o the existence of a right of rectification or erasure of personal data relating to him or her or of a right to have the processing limited by the controller or to object to such processing
o the existence of a right of appeal to a supervisory authority
o if the personal data are not collected from the data subject: All available information on the origin of the data
o the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended impact of such processing on the data subject
The data subject shall also have the right to obtain information as to whether personal data have been transferred to a third country or to an international organization. If this is the case, the data subject shall also have the right to obtain information on the appropriate safeguards in relation to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact a member of the staff of the controller.
(c) Right of rectification
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to demand the immediate rectification of incorrect personal data concerning him. The data subject shall also have the right to request the completion of incomplete personal data, including by means of a supplementary declaration, having regard to the purposes of the processing.
If a data subject wishes to exercise this right of rectification, he or she may at any time contact an employee of the controller.
d) Right of erasure (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to obtain from the controller the immediate erasure of personal data relating to him/her, where one of the following reasons applies and provided that the processing is not necessary:
o The personal data have been collected or otherwise processed for purposes for which they are no longer necessary.
o The data subject withdraws the consent on which the processing was based under Article 6(1)(a) of the DPA or Article 9(2)(a) of the DPA, and there is no other legal basis for the processing.
o The data subject lodges an objection to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate reasons for the processing, or the data subject lodges an objection to the processing pursuant to Art. 21(2) GDPR.
o The personal data were processed unlawfully.
o The deletion of the personal data is necessary to comply with a legal obligation under Union law or the law of the Member States to which the controller is subject.
o The personal data were collected in relation to information society services offered, in accordance with Article 8 (1) of the GDPR.
If one of the above reasons applies and a data subject wishes to have personal data stored by The Metamorphosis Podcast deleted, he/she can contact an employee of the data controller at any time. The Metamorphosis Podcast will ensure that the request for deletion is complied with immediately.
If The Metamorphosis Podcast's personal data has been made public and our company, as the responsible party, is obliged to delete the personal data in accordance with article 17 paragraph 1 of the GDPR, then The Metamorphosis Podcast, taking into account the available technology and the implementation costs, will take reasonable measures, including technical measures, to inform other data controllers who process the published personal data, that the data subject has requested that these other data controllers delete all links to this personal data or copies or replications of this personal data, insofar as the processing is not necessary. The Metamorphosis Podcast will do what is necessary in individual cases.
e) Right to limit processing
Any person affected by the processing of personal data has the right, granted by the European Directives and Regulations, to request the controller to restrict the processing if one of the following conditions is met:
o the accuracy of the personal data is contested by the data subject, for a period of time sufficient to enable the controller to verify the accuracy of the personal data
o The processing is unlawful, the data subject refuses to have the personal data deleted and instead requests the restriction of the use of the personal data.
o The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them in order to assert, exercise or defend legal claims.
o The data subject has lodged an objection to the processing in accordance with Art. 21 (1) GDPR and it is not yet clear whether the controller's legitimate reasons outweigh those of the data subject.
If one of the above-mentioned conditions is met and a data subject wishes to request the restriction of personal data stored at The Metamorphosis Podcast, he/she can contact an employee of the data controller at any time. The Metamorphosis Podcast will initiate the restriction of processing.
f) Right to data transferability
Every person concerned by the processing of personal data has the right, granted by the European Directives and Regulations, to receive the personal data concerning him/her which have been provided by the data subject to a controller in a structured, common and machine-readable format. He/she also has the right to have this data communicated to another controller without hindrance by the controller to whom the personal data has been made available, provided that the processing is based on the consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) DPA or on a contract pursuant to Art. 6(1)(b) GDPR and that the processing is carried out by means of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, when exercising their right to data transferability in accordance with Art. 20 Paragraph 1 FDPIC, the data subject has the right to obtain that personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and provided that this does not adversely affect the rights and freedoms of other persons.
In order to assert the right to data transferability, the person concerned can contact The Metamorphosis Podcast at any time.
g) Right of opposition
Every person concerned by the processing of personal data has the right, granted by the European legislator for directives and regulations, to object at any time, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out on the basis of Article 6(1)(e) or (f) of the GDPR. This also applies to profiling based on these provisions.
The Metamorphosis Podcast will no longer process the personal data in the event of an objection, unless we can prove compelling reasons for processing that are worthy of protection, which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If Runaway Redhead processes personal data for the purpose of direct marketing, the data subject has the right to object at any time to the processing of personal data for the purpose of such marketing. This also applies to profiling, insofar as it is connected to such direct marketing. If the data subject objects to The Metamorphosis Podcast processing for direct marketing purposes, The Metamorphosis Podcast will no longer process the personal data for these purposes.
In addition, the data subject has the right to object, for reasons arising from his or her particular situation, to the processing of personal data concerning him or her that is carried out at The Metamorphosis Podcast for the purposes of scientific or historical research or for statistical purposes, in accordance with Article 89, paragraph 1 of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
In order to exercise the right of objection, the data subject may contact The Metamorphosis Podcast. The data subject is also free to exercise his/her right of objection in connection with the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures involving technical specifications.
(h) Automated case-by-case decisions including profiling
Every person concerned by the processing of personal data has the right, as granted by the European Directives and Regulations, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or significantly affects him or her in a similar way, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorized by Union or national legislation to which the controller is subject and that such legislation provides for adequate safeguards of the rights and freedoms and legitimate interests of the data subject, or (3) is taken with the explicit consent of the data subject.
Where the decision is (1) necessary for the conclusion or performance of a contract between the data subject and the data controller, or (2) with the express consent of the data subject, The Metamorphosis Podcast shall take reasonable steps to safeguard the rights and freedoms and legitimate interests of the data subject, including at least the right to obtain the intervention of the data controller, to present his or her point of view and to challenge the decision.
If the data subject wishes to exercise rights relating to automated decisions, he or she may at any time contact a member of the staff of the controller.
(i) Right to withdraw consent for data protection
Every person affected by the processing of personal data has the right, granted by the European Directive and Regulation Giver, to revoke his or her consent to the processing of personal data at any time.
If the data subject wishes to exercise his or her right to withdraw consent, he or she may at any time contact an employee of the controller.
(j) Right of appeal to the competent supervisory authority
They have the right to appeal to the competent supervisory authority. The competent supervisory authority is the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia, Kavalleriestrasse 2-4, 40213 Düsseldorf.
15. Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as a legal basis for processing operations for 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 necessary for the supply of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations which are necessary for the implementation of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which makes it necessary to process personal data, for example to fulfil tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be necessary 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 company was injured and his or her name, age, health insurance details or other vital information had to be disclosed to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d GDPR. Finally, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations which are not covered by any of the above legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or of a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations 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 controller (Recital 47 sentence 2 GDPR).
16. Legitimate interests in processing pursued by the controller or a third party
If the processing of personal data is based on Article 6 I lit. f GDPR, our legitimate interest is to carry out our business activities for the benefit of the well-being of all our employees and our shareholders.
17. The duration for which the personal data are stored
The criterion for the duration of storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfilment of the contract or the initiation of a contract.
18. Legal or contractual provisions on the provision of personal data; necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of not providing the data
We would like to inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded that a data subject provides us with personal data, which must subsequently be processed by us. For example, the person concerned is obliged to provide us with personal data if our company concludes a contract with him/her. Failure to provide the personal data would mean that the contract with the person concerned could not be concluded. Before the person concerned makes personal data available to us, the person concerned must contact one of our employees. Our employee will inform 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 the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
19. existence of automated decision making
As a responsible company, we avoid automatic decision making or profiling.
This data protection declaration was created by the Data Protection Declaration Generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as External Data Protection Officer Nuremberg, in cooperation with the lawyer for IT and data protection law Christian Solmecke.