Privacy policy

It is generally possible to use the Midweek Studio website without providing any personal data. However, if a data subject wishes to use special services offered by our company via our website, it may become necessary to process personal data. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, email address, or telephone number of a data subject, shall always be in line with the General Data Protection Regulation (GDPR) and in accordance with the country-specific data protection regulations applicable to Midweek Studio. By means of this data protection declaration, our company would like to inform the public of the nature, scope, and purpose of the personal data we collect, use, and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, Midweek Studio has implemented numerous technical and organizational measures to ensure the most complete protection possible of personal data processed through this website. Nevertheless, internet-based data transmissions may in principle have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.

1. Definitions

The data protection declaration of Midweek Studio is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, among others, the following terms:

  • a) Personal data

    Personal data means any information relating to an identified or identifiable natural person ("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 to 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 is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.

  • c) Processing

    Processing is any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, 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 processing in the future.

  • e) Profiling

    Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

  • f) Pseudonymization

    Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g) Controller or controller responsible for the processing

    Controller or controller responsible for the processing 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 determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h) Processor

    Processor is a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.

  • i) Recipient

    Recipient is a natural or legal person, public authority, agency, or another body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the context of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.

  • j) Third party

    Third party is a natural or legal person, public authority, agency, or body other than the data subject, controller, processor, and persons who, under the direct authority of the controller or the processor, are authorized to process personal data.

  • k) Consent

    Consent is any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and address of the controller

Controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions related to data protection law is:

Midweek Studio
Sophie-Shoop-Weg 72b
21035 Hamburg
Germany

Phone: 15123964479
Email: pia@midweek-studio.com
Website: www.midweek-studio.com

3. Cookies

The Midweek Studio website uses cookies. Cookies are text files stored and saved on a computer system via an internet browser.

Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, Midweek Studio can provide users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies does not have to enter access data each time the website is accessed, because this is taken over by the website and the cookie stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The Midweek Studio website collects a series of general data and information whenever the website is accessed by a data subject or an automated system. This general data and information are stored in the server's log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites accessed via an accessing system on our website, (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) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using this general data and information, Midweek Studio does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyberattack. Therefore, Midweek Studio analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal 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 a data subject.

5. Contact possibility via the website

Due to statutory provisions, the Midweek Studio website contains information which enables quick electronic contact to our company, as well as direct communication with us, which also includes a general address for the so-called electronic mail (email address). If a data subject contacts the controller by email or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.

6. Routine erasure and blocking of personal data

The controller processes and stores personal data of the data subject only for the period necessary to achieve the purpose of storage, or as provided for by the European legislator or other legislators in laws or regulations to which the controller is subject.

If the storage purpose ceases to apply, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with statutory provisions.

7. Rights of the data subject

  • a) Right of confirmation

    Every data subject has the right, granted by the European legislator, to obtain confirmation from the controller as to whether personal data concerning them is being processed. If a data subject wishes to exercise this right of confirmation, they may, at any time, contact an employee of the controller.

  • b) Right of access

    Every person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller free information about their personal data stored at any time, and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:

    • the purposes of the processing

    • the categories of personal data concerned

    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations

    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period

    • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing

    • the existence of the right to lodge a complaint with a supervisory authority

    • where the personal data are not collected from the data subject, any available information as to their source

    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject

    Furthermore, the data subject shall have a right to obtain information as to whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject shall also have the right to obtain information regarding the appropriate safeguards relating to the transfer.

    If a data subject wishes to exercise this right of access, they may, at any time, contact an employee of the controller.

  • c) Right to rectification

    Every person affected by the processing of personal data has the right, granted by the European legislator, to obtain the immediate rectification of inaccurate personal data concerning them. Furthermore, the data subject has the right to have incomplete personal data completed, including by means of a supplementary statement, taking into account the purposes of the processing.

    If a data subject wishes to exercise this right to rectification, they may, at any time, contact an employee of the controller.

  • d) Right to erasure (right to be forgotten)

    Every person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning them without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, provided that the processing is not necessary:

    • The personal data were collected or otherwise processed for purposes for which they are no longer necessary.

    • The data subject withdraws consent on which the processing was based according to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, and there is no other legal ground for the processing.

    • The data subject objects to the processing pursuant to Art. 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Art. 21(2) GDPR.

    • The personal data were unlawfully processed.

    • Erasure of the personal data is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.

    • The personal data were collected in relation to the offer of information society services referred to in Art. 8(1) GDPR.

    If one of the aforementioned reasons applies and a data subject wishes to have personal data stored by Midweek Studio erased, they may, at any time, contact an employee of the controller. The employee of Midweek Studio shall ensure that the erasure request is complied with immediately.

    Where Midweek Studio has made personal data public and is obliged, as controller, to erase the personal data pursuant to Art. 17(1) GDPR, Midweek Studio shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested erasure by such other controllers of any links to, or copies or replications of, that personal data, insofar as processing is not required. The employee of Midweek Studio will arrange the necessary measures in individual cases.

  • e) Right to restriction of processing

    Every person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller restriction of processing where one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use.

    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims.

    • The data subject has objected to processing pursuant to Art. 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    If one of the aforementioned conditions is met and a data subject wishes to request the restriction of personal data stored by Midweek Studio, they may, at any time, contact an employee of the controller. The employee of Midweek Studio will arrange for the restriction of the processing.

  • f) Right to data portability

    Every person affected by the processing of personal data has the right, granted by the European legislator, to receive the personal data concerning them, which was provided to a controller by the data subject, in a structured, commonly used, and machine-readable format. They also have the right to transmit this data to another controller without hindrance from the controller to which the personal data was provided, as long as the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR, or on a contract pursuant to Art. 6(1)(b) GDPR, and the processing is carried out by automated means, provided the processing is not 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, in exercising their right to data portability pursuant to Art. 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    To assert the right to data portability, the data subject may, at any time, contact an employee of Midweek Studio.

  • g) Right to object

    Every person affected by the processing of personal data has the right, granted by the European legislator, to object, on grounds relating to their particular situation, at any time, to processing of personal data concerning them which is based on Art. 6(1)(e) or (f) GDPR. This also applies to profiling based on these provisions.

    Midweek Studio shall no longer process the personal data in the event of an objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims.

    If Midweek Studio processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for the purpose of such advertising. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Midweek Studio's processing for direct marketing purposes, Midweek Studio will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to their particular situation, to object to processing of personal data concerning them by Midweek Studio for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.

    To exercise the right to object, the data subject may contact any employee of Midweek Studio directly. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may also exercise their right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

    Every person affected by the processing of personal data has the right, granted by the European legislator, not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them, or similarly significantly affects them, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) is authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and the controller, or (2) it is based on the data subject's explicit consent, Midweek Studio shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express their point of view, and to contest the decision.

    If the data subject wishes to exercise rights concerning automated decision-making, they may, at any time, contact an employee of the controller.

  • i) Right to withdraw data protection consent

    Every person affected by the processing of personal data has the right, granted by the European legislator, to withdraw consent to the processing of personal data at any time.

    If the data subject wishes to exercise their right to withdraw consent, they may, at any time, contact an employee of the controller.

8. Legal basis for the processing

Art. 6(1)(a) GDPR serves as the 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 party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service or consideration, the processing is based on Art. 6(1)(b) GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in cases of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c) GDPR. In rare cases, the processing of personal data may become necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance data, or other vital information would have to be passed on to a doctor, hospital, or other third party. Then the processing would be based on Art. 6(1)(d) GDPR. Finally, processing operations could be based on Art. 6(1)(f) GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47, Sentence 2 GDPR).

9. Legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business for the benefit of the well-being of all our employees and our shareholders.

10. Period for which the personal data will be stored

The criterion used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

11. Statutory or contractual provisions for the provision of personal data; necessity

for the conclusion of a contract; obligation of the data subject to provide the personal

data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g., tax regulations) or can also result from contractual provisions (e.g., information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with them. Non-provision of the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject 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 the consequences of failure to provide such data.

12. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This data protection declaration was created with the help of the data protection declaration generator of the DGD Deutsche Gesellschaft für Datenschutz GmbH, which acts as an external data protection officer, in cooperation with the data protection lawyers of the law firm WILDE BEUGER SOLMECKE | Rechtsanwälte.